Kutak Rock’s Insurance Regulatory Group members represent insurers and other regulated entities in significant compliance matters involving state and federal insurance regulators. These engagements include the formation and licensing of insurance companies, including traditional carriers, captive insurers and HMOs, in jurisdictions across the United States. Attorneys within the Insurance Regulatory practice group also regularly represent existing insurers in matters involving Insurance Holding Company Act compliance, including obtaining regulatory approval of changes of control, mergers, acquisitions and withdrawals. Attorneys within the group have assisted clients with licensing applications for regulated entities such as insurance producers, third party administrators, premium finance companies, adjusters, and life care providers.

Our Insurance Regulatory attorneys likewise regularly represent insurance companies in connection with market conduct and financial examinations, as well assisting carriers and other regulated entities in connection with responses to filed regulatory complaints and other allegations of non-compliance. We regularly assist clients with respect to rate and form filing issues, as well as obtaining prior approval of intercompany transactions where required.

Lawyers within the Insurance Regulatory Group regularly represent clients in connection with enforcement actions, including administrative hearings, appeals of agency decisions, and responses to cease and desist orders.

The Government Affairs team within the Insurance Regulatory Group includes lobbyists who have been appearing before state legislatures for a combined total of more than 50 years. Members of the Government Affairs team regularly represent clients in the insurance industry before the Arizona legislature, and are actively involved in the drafting and promotion of legislation. The Government Affairs team includes major national insurance carriers and trade associations among its clients, and has championed legislative and policy issues in areas including healthcare, workers’ compensation insurance, taxation and regulatory policy.

Key Areas:

• Insurer formation, licensing and capitalization, including property and casualty and health insurers, captive insurance companies and HMOs
• Insurance company acquisitions and mergers
• Insurance company planning and strategy
• Representation of insurance interests before the National Association of Insurance Commissioners
• UCAA licensing applications, both primary and expansion
• Legislation and rulemaking
• Compliance with Insurance Holding Company Act requirements and regulatory approval of changes of control, mergers, acquisitions and withdrawals
• Approval of intragroup transactions
• Redomestications of insurers of all types
• Enterprise risk compliance
• Excess and Surplus Lines compliance matters
• Claims regulation and assistance in responding to claims related matters before insurance regulatory agencies
• Privacy and data protection
• Product development
• Reinsurance
• Sales force compliance and contracting
• Reinsurance transactions as well as reinsurance dispute mediation and arbitration
• Risk retention and risk purchasing groups
• Related disciplinary matters