FORC Journal - Vol. 24 Edition 3 - Fall 2013

Fall is here, and so is the latest edition of the FORC Journal! Please enjoy the latest articles from your fellow FORC members, and feel free to share with colleagues and friends.

Tasha Cycholl Smith, Editor

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MONTANA LEGISLATIVE AND REGULATORY UPDATE

By Jacqueline T. Lenmark, Esq., KELLER, REYNOLDS, DRAKE, JOHNSON & GILLESPIE, P.C.
The Montana 63rd Legislative Session adjourned sine die Wednesday, April 24, 2013, having used 87 of the permitted 90 legislative days for its regular biennial session.

NAIC REVIEW OF LIMITED LINES PRODUCER LICENSE UPDATE

By Greg E. Mitchell, Esq., FROST BROWN TODD, LLC
This article is intended to provide an update to the NAIC's review of Limited Lines producer licenses, as well as an overview of actions that have been taken by the industry, as a result of, or substitute to, the NAIC's approach.

A CALL FOR FORWARD-LOOKING DISASTER RISK EVALUATION

By Frederick J. Pomerantz, Esq., GOLDBERG SEGALLA LLP and Sandy Smith, Esq., WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
In recent years, Mother Nature has taken a toll on the insurance industry. Superstorm Sandy cost the United States approximately $70 billion in direct damages to business owners and homeowners in the storm's path and lost economic output.

CALIFORNIA SUPREME COURT EXPANDS APPLICATION OF UNFAIR COMPETITION LAW TO INSURERS

By John A. Sebastinelli, Esq., MICHELMAN & ROBINSON, LLP
On August 1, 2013, the California Supreme Court issued its long- awaited decision in Zhang v. Superior Court, a case examining the scope of the California Unfair Competition Law (UCL, CA Business and Professions Code §§ 17200 et seq).

AN OVERVIEW OF THE ONLINE MARKETING AND SALE OF INSURANCE: STILL A TRAP FOR THE UNWARY

By Susan Stryker, Esq., BRESSLER, AMERY & ROSS, P.C.
Insurance company executives and agents warned in 1996 that despite a growing number of online shoppers, insurance is not a commodity, and the "freewheeling nature of the Internet [renders it] a difficult marketplace to police."

UNFRIENDING AN INDUSTRY

By Joel A. Glover, Esq., LEWIS ROCA ROTHGERBER LLP & Franklin D. O'Loughlin, Esq., LEWIS ROCA ROTHGERBER, LLP
On May 11, 2013, when Governor Hickenlooper signed HB13-1046, Colorado joined a growing number of states with laws restricting employer access to the social media accounts of employees.