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Alan F. Berliner, Esq.
Alan F. Berliner, Esq.
THOMPSON HINE LLP
(614) 469-3268
dbo.fn jc Profile(vBoNetContact.ID)
Profile
Alan F. Berliner, Esq.
THOMPSON HINE LLP
41 South High St, Ste 1700 Columbus, OH 43215-6101
(614) 469-3268
(614) 469-3361
Regulatory Cnsl Mbr
Business Transactions, Legislative, Litigation, Regulatory
Ohio
Bio
Alan has extensive experience with the insurance industry. He focuses his practice on a variety of subject matters surrounding the industry and works with insurance companies, trade associations, insurance agencies and financial institutions on corporate, regulatory, government relations and litigation matters.
Alan is registered with the state of Ohio as an Executive Agent Lobbyist and a Legislative Agent, representing insurance companies and a trade association.
He served as the Assistant Director and Chief Legal Counsel for the Ohio Department of Insurance from August 1997 until March 1999, when former Ohio Governor Bob Taft appointed him as Interim Director. In that capacity, Alan counseled the Department’s eight divisions on insurance regulatory matters including issues relating to insurance company solvency, mergers and acquisitions, redomestications, formation of mutual holding companies and litigation.
In July 2000, former Ohio Attorney General Betty Montgomery appointed Alan Special Counsel to the Attorney General for the Ohio Department of Insurance. In February 2007, former Governor Ted Strickland appointed him to the Ohio Tax Credit Authority.
Prior to joining Thompson Hine, Alan was with another law firm in Columbus for 21 years, the last eight of which he served as Managing Partner. He is a former member of the Ohio State Life Insurance Company board of directors.

Experience

Examples of the types of privately and publicly held clients Alan has counseled and the matters he has handled include:
Corporate Counseling
• Both Ohio insurance guaranty associations as outside general counsel.
• Medical malpractice insurance company as outside general counsel.

• Large Ohio-based financial institution on the formation and contractual relationships of a captive private mortgage insurance reinsurance company.
• Clients forming their own captive insurance companies.
• Major Ohio-domiciled life insurance company on its formation and approval from the Ohio Department of Insurance of a mutual insurance holding company.
• Ohio and Indiana community banks in conjunction with a groundbreaking acquisition of a collective 50 percent interest in an excess and surplus lines insurer under the Gramm-Leach-Bliley Act.
• Ohio-domiciled insurer on the insurance law aspects of its initial sale of stock to the public.
• Board of directors of a publicly held financial institution with respect to continuation of directors and officers insurance coverage in conjunction with a merger transaction.
• Mutual insurance company risk retention group in obtaining approval from the South Carolina Department of Insurance for demutualization.
• Trade association on termination of a sponsored multiple employer welfare arrangement.
Regulatory
• Numerous insurance companies, including several HMOs, in preparing and receiving their applications for Certificates of Authority from the Ohio Department of Insurance to do business in Ohio.
• Ohio-domiciled mutual insurance company demutualizing and then combining with its management company and two out-of-state reciprocal insurance companies.
• Large multiline insurer negotiating with the Ohio Department of Insurance on timing and terms of liquidation proceedings against its insolvent subsidiary.
• Several insurance companies in obtaining approval of Form A filings authorizing change of control of Ohio-domiciled insurers.
• National multiline insurance carrier regarding regulatory issues with the Ohio Department of Insurance due to liquidity problems caused by an Ohio-domiciled insurance company’s insolvency.
• Ohio Department of Insurance as special counsel in conjunction with the planned sale of an undercapitalized small Ohio personal lines insurer.
• National insurer regarding negotiation of its dispute over reinsurance treaties with an Ohio-domiciled insurer under the supervision of the Ohio Department of Insurance.
• HMO with respect to regulatory issues due to its financial condition and with respect to its acquisition by a strategic partner.
• Trade association for insurance agents regarding the formation of a health care alliance.
• National pharmacy benefits manager on several issues involving interpretation of Ohio insurance law statutes.
Government Relations
• Two insurance trade organizations with respect to their discussions with the Ohio Department of Insurance on desired amendments to the Ohio insurance and reinsurance statutes.
• Reinsurance trade association at the Ohio General Assembly in obtaining amendments to the Ohio reinsurance laws.

• Domestic Ohio insurance company working with the Ohio Department of Insurance regarding proposed tort reform legislation.
Litigation
• Ceding company against its reinsurer on its claims in a reinsurance arbitration.
• Three reinsurance companies disputing amounts due the liquidator of an insolvent insurance company.
• Insurance company, state university, state agency and insurance agency in different insurance insolvencies regarding disputes with the respective liquidators as to classification of their claims.
• National insurance trade association preparing amicus briefs for filing in the Ohio Supreme Court.
• Various companies alleged to have received preferences and/or fraudulent transfers in several different insurance liquidations.
• Directors and officers of a parent company regarding claims made by the liquidator of its insolvent insurance subsidiary.
• Insurance guaranty association in an action involving interpretations of the insurance guaranty association statutes.
• Reinsurance company suing a bank trustee for trust funds that were stolen.


Professional Associations
• Federation of Regulatory Counsel
• International Association of Insurance Receivers
• National Conference of Insurance Guaranty Funds Legal Committee and Coordination of Litigation Committee
• Ohio Lobbying Association
• Ohio State Bar Association
• Columbus Bar Association
• United States Law Firm Group

Published Articles

Published Alerts

TitlePublish Date
Newly Elected Ohio Lt. Governor - Mary Taylor - Appointed Ohio Superintendent of Insurance2/1/2011
Ohio Mandates SERFF Filing Requirements12/1/2016

Positions in FORC

CommitteePosition
There are no records.