OUR PRACTICE 

CORPORATE & BUSINESS SERVICES 

 

 

 

 

 

We pride ourselves on our eagerness to learn our client’s business needs and to apply our skills and experience in helping our clients achieve their goals and enjoy the rewards of success in their business.  We enjoy the business of insurance and risk management and are eager to see if we can help you and your venture. Our business services include:

 

  • Merger & Acquisition needs, including due diligence/fairness and related regulatory needs;

  • Licensing;

  • Corporate Governance, including advising directors and shareholders;

  • Compliance consulting, including the development and preparation of appropriate compliance and employee manuals;

  • Formation and merger matters;

  • General business advice;

  • Assistance with insurance and insurance-related losses, including coverage and claim problems;

  • Policy drafting and issuance;

  • Structure and counsel for business development, including new product and program business; and

  • Working on behalf of clients with all stakeholders to clarify goals and achieve intended results.

 

 

 

 

Our experience handing a range of adjudicative proceedings, including administrative hearings and trials, coupled with our thorough knowledge of the insurance, reinsurance, and self-insurance industries, enable us to aggressively represent our clients’ interests and develop a sound strategy designed to resolve a matter efficiently.  We believe that a vigorous presentation of a client’s position in a controversy, that often incorporates targeted discovery and a focused motions practice, can help create an environment for encouraging settlement discussions leading to negotiating an early settlement.
 
By integrating into our consulting and litigation experience into the legal services we offer, we are able to help our clients to develop and promote their insurance products and services in such a way that minimizes litigation risks and expenses up front, before a dispute arises.  When a dispute does arise, our understanding of clients’ businesses, products and goals enable us to help our clients resolve disputes efficiently and effectively. We are confident in approaching any regulatory problem, administrative proceeding, or even litigation if that becomes necessary.

ADMINISTRATIVE HEARINGS & LITIGATION 

 

 

 

 

Our firm represents a wide range of national and international insurance, reinsurance, and self-insured entities.  Our clients include property and casualty companies, health insurers, life insurers, health maintenance organizations, holding companies, reinsurers, associations, and self-insuring profit and non-profit businesses. We also provide a range of services for insurance administrators, managing general agents, underwriting associations, and insurance producers, agents, and brokers.
 
Our attorneys are familiar with state filings and internal agency decision-making processes of state regulatory agencies.  We work with company officers, directors, shareholders, and in-house and associated counsel to establish appropriate objectives and strategies which will achieve the best possible results and add value to our clients’ business objective

REGULATORY LAW

 

 

 

 

We are well versed at structuring, forming, licensing, and assisting captive insurance companies, risk pools, risk retention groups, risk purchasing groups, and self-insureds (both single employer and groups).  We have direct success and experience in many jurisdictions for clients needing independent assistance with feasibility, structure, governance, application, formation, licensure and assistance with operations.
 
We have enjoyed working on captive insurance companies owned by businesses, groups, associations, producers, and also with cell captives, rental captives, protected cell captives, segregated portfolio companies, risk retention groups, risk purchasing groups, self-insurance, and program business for clients nationwide.  We have experience in fronting and collateral matters, policy issuance, reinsurance treaty and facultative contracts, excess insurance and self-insurance, service provider assistance, distribution, and regulatory affairs.
 
And we welcome your inquiry to see if we can quickly determine if our past experience can yield present benefits for your insurance and self-insurance needs.

SELF-INSURANCE & ALTERNATIVE RISK TRANSFER 

 

 

 

We monitor trends and developments in the insurance industry, and actively engage in legislative, regulatory, and appellate proceedings to ensure that our clients are apprised of the latest legislative, judicial, and public policy developments at the state, federal, and international levels that may affect their business.  Our attorneys provide analyses of pending legislation and assist clients in proactively building relationships with state regulators.  We have the capabilities and skills, including serving as registered lobbyist for our clients who need this direct involvement, that are necessary to help our clients navigate the complexities of  various levels of government.

LEGISLATIVE, PUBLIC POLICY & GOVERNMENT AFFAIRS 

 

 

 

 

Our firm provides support in the following areas of Regulatory Law:

 

  • Assisting in the formation, organization, application, and licensing of insurance companies, service contract providers, and agencies;

  • Drafting and amending certificates of incorporation, bylaws and other internal documents, and certificates of authority;

  • Assisting in obtaining admission of foreign and alien insurance companies;

  • Compliance counseling and representation before the state Department of Insurance;

  • Policy rate and form filing support;

  • Managing insurance holding company system filings, including acquisitions;

  • Reviewing agency contract issues and litigating contested cases;

  • Counseling clients on insurance unfair practices, misrepresentation, fraud issues;

  • Insurance company mergers & acquisitions, including Form A preparation;

  • Licensing issues, for both companies and producers;

  • Redomestication of insurers;

  • Contract novation or commutation;

  • Loss portfolio transfers;

  • Compliance & audit assistance, including quarterly and annual statements, market conduct examination and financial examination Assistance;

  • Fairness & due diligence;

  • Arbitration, mediation, and negotiation services;

  • Claim, claim handling, coverage;

  • Producer and MGA/MGU licensing, transactions, mergers & acquisitions; and

  • Insolvency matters, including receivership, rehabilitation, run-off, and guarantee fund matters.

 

 

PARTIAL LIST OF SERVICES