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TRENDS IN THE AREA OF INTERSTATE LEGAL PRACTICE
Claude J. Dorais, Esq. The great majority of the practice of insurance regulatory law occurs in the context of individual state statutes, regulations, regulatory agencies and enforcement practices. In addition to individual state rules, different state agencies have their own unique “personalities,” as do various divisions and individuals within them. For these reasons and others, the practice area we all share as members of FORC consists of over 51 “legal neighborhoods,” the successful navigation of which, in the author’s view, makes access to local expertise and familiarity usually helpful and often critical. One of the major benefits FORC provides to the insurance industry and to the legal profession is access to a national organization whose individual state members are all highly qualified and experienced in our fields. This article focuses on the expanding parameters of permissible professional conduct across state lines, but is not a suggestion we forget fundamental realities. While it is beneficial for each of us to have an appreciation of what we can and cannot do in states where we are not licensed, the fact we may be permitted to undertake representation in a matter is only the beginning of the analysis of how clients are best served.
DATA BREACH NOTIFICATION - ANOTHER "HAPHAZARD PATCHWORK" OF STATE-BY-STATE REQUIREMENTS
Frances Roggenbaum, Esq. While Federal Congress has focused on legislation that would bring relief to multi-state insurers, producers, and the surplus lines industry from the “haphazard patchwork” of state-by-state insurance regulation, its failure to date to pass comprehensive legislation that would set a uniform national data breach notification standard has resulted in another “haphazard patchwork” of state-by-state requirements for all types of businesses that operate on a multi–state basis.
SILENT PREFERRED PROVIDER ORGANIZATIONS - WHAT IS ALL THE NOISE ABOUT?
Kathy A. Steadman, Esq. In recent years, the term, "silent preferred provider organization (“PPO”)" has become commonplace in the healthcare and employee benefits marketplace. Its connotations are negative, due in large part to the position taken by the American Medical Association and its related public relations, regulatory and legislative activities.
APPLICATION OF THE FEDERAL SECURITIES LAWS TO THE ISSUANCE OF SECURITIES BY INSURANCE COMPANIES
This article summarizes the application of the Securities Act of 1933 (the “Act”) to the issuance of securities by insurance companies.
NON-RENEWAL OF POLICIES WRITTEN BY AN INDEPENDENT AGENT - CAN IT BE DONE? THE ILLINOIS VIEW
Zack
Stamp, Esq. Some of our clients have been criticized by the Illinois Division of Insurance (“DOI”) for non-renewing certain policies written by an independent agent whom had previously been terminated by the Company. The DOI has taken the position that a company may never non-renew, cancel or terminate a policy solely on the basis that the Company’s contract with the independent agent has been terminated except when the policy does not meet the company’s underwriting guidelines or when the terminated agent notifies the company that the policy has been placed with another insurer. The DOI’s position is based on two statutory provisions: Sections 141.01 and 141.02 of the Illinois Insurance Code (215 ILCS 5/141.01 and 5/141.02).
THE MASSACHUSETTS HEALTH PLAN
Charles T. Richardson, Esq. States have become increasingly concerned not only about rising health care costs, but also the number of people without insurance to cover those costs. The twin concerns are driven by several factors: increases in medical technology/cost, a high uninsured population which delays accessing health care until it is most expensive (in the emergency room and after failure to take prescriptions has caused conditions to worsen), Medicaid reimbursement which fails to cover hospital costs, and high malpractice insurance rates. All these costs are passed on to those who purchase health insurance. In the individual market, adverse selection has also contributed to high premiums. |
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