Kutak Rock’s Insurance Regulatory Group represents 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.

• 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
• Assists clients in responding to market conduct examinations and state insurance regulatory department inquiries and investigations and other enforcement matters.
• Supports clients with a range of insurance product compliance matters, including policyholder notices, insurance department filings, and policy form and rate issues.
• Analyzes regulatory risks associated with the use of advertising and marketing materials, the structuring of commission sharing programs, and the implementation of marketing plans to ensure compliance with state insurance laws and directives.
• 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