Insurance | Saul Ewing Arnstein & Lehr LLP

Insurance

Counsel on transactions, compliance and litigation

The legal landscape affecting the insurance industry is constantly changing due to:

technological advances and corresponding risk exposures;
ever-evolving case law arising from class action coverage and bad faith claims; and
ongoing changes to insurance regulations and their interpretation by state, federal and international insurance regulatory agencies.

Insurance companies must prepare for compliance with numerous operational and regulatory changes that are being implemented by states under the NAIC’s Solvency Modernization Initiative as well as ongoing federal and international regulatory initiatives. The continuing evolution of Patient Protection and Affordable Care Act implementation poses new requirements for insurers.

As Saul Ewing Arnstein & Lehr’s insurance industry clients face these and many other challenges, the firm’s insurance attorneys regularly share their insights, helping clients prepare for and manage change. In fact, prior to joining Saul Ewing Arnstein & Lehr, many of the firm’s insurance attorneys gained valuable experience by working for insurance companies, insurance industry intermediaries or in government as insurance regulators. This experience positions the firm to handle a broad range of needs from high-stakes insurance litigation in both federal and state courts and at the trial and appellate levels, including class action and bad faith claims, arbitration and mediation, to cutting-edge regulatory matters and significant insurance transactions, including market conduct, policy drafting and approval, mergers and acquisitions, reinsurance, and InsurTech matters. When insurers want to change their organizational structure, introduce new products, expand into new markets, Saul Ewing Arnstein & Lehr attorneys have the knowledge to support and guide them on the related legal issues.

Saul Ewing Arnstein & Lehr’s insurance team has experience advising:

Insurers
Reinsurers
Insurance producers and other insurance industry intermediaries and participants
Businesses with risk-assumption and risk-transfer undertakings
InsurTech startups and insurers involved in adopting new technologies

See Related Services Offered for Insurance

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Our Blog: Bad Faith Sentinel

Risk of the Sharing Economy for Insurance Companies

The sharing economy presents certain risks for insurers and their insureds, from gaps in coverage and increased risk of loss to pricing challenges. Click here to learn more.

The Intersection of Wearable Technology and the Insurance Industry

A discussion of wearable technology and opportunities it provides for the insurance industry. Click here to learn more.

Impact of the Internet of Things on the Insurance Industry

The “internet of things” facilitates real-time data sharing between insurance companies and their policyholders

Experience

Saul Ewing Arnstein & Lehr attorneys have represented insurance clients in these select matters:

Transactions
Represented three Maryland companies that provide services in the insurance industry as brokers and third-party administrators and are part of the same corporate family—SF&C Insurance Associates, Inc., SF&C Select Benefits Communications Group, LLC, and Union Lifestyle Benefits, LLC.—in their acquisition by U.S. Retirement Partners, Inc.
Representing property/casualty insurer group in an acquisition of nationally-licensed insurers domiciled in four jurisdictions; transaction involved group restructuring, including redomestications, drafting of transaction and regulatory filing documents and coordinating state regulatory filings.
Advising a life insurer on the corporate and regulatory aspects of acquisition and redomestication of a nationally licensed insurer whose parent was in liquidation proceedings.
Advising a mutual insurer on options for raising funds for growth, including conversion to a stock insurer, and drafting of transaction, regulatory filing and member information/proxy documents.
Handling insurer restructuring including the consolidation of the books of business from multiple insurer subsidiaries into one company.
Representing an insurance broker in the formation of a New Jersey non-profit joint insurance fund.
Advising a nationally licensed insurer in a merger with a publicly traded financial services company.
Representing a specialty/niche property and casualty insurer by leading an internal legal audit to assist the company in positioning itself to be acquired.
Advising an insurer in the replacement of its $115 million secured letter of credit facility supporting its reinsurance obligations.
Assisting an insurer group with analyzing its corporate structure and bylaws and other corporate documents to assure they reflect the most current principles of insurer corporate governance and to prepare for a possible restructuring.
Represented a multi-state hospital system in evaluating and structuring potential joint venture opportunities with health insurers.
Regulatory
Advising a health and long-term care insurer on multi-state compliance with rate increase filings, advertising, and permissible methods of cancellation and nonrenewal.
Assisting a group of affiliated insurers in satisfying state insurer investment requirements in multiple states.
Advising an insurer group on cyber risk exposures and cybersecurity initiatives of the NAIC and individual state regulators.
Assisting an insurer group in satisfying new Insurance Holding Company, Enterprise Risk, ORSA and Corporate Governance Disclosure filing requirements.
Representing an international insurer group with satisfying reinsurance registration requirements in various Latin American and Asian countries.
Advising a Medicare and Medicaid managed care organization on compliance with regulatory requirements.
Assisting off-shore life insurers in obtaining and coordinating legal advice in European, Asian and South American jurisdictions.
Assisting a surplus lines insurer in revising its terrorism endorsements to comply with multistate requirements under provisions of the Terrorism Risk Insurance Program Reauthorization Act of 2015.
Assisting a New York domestic life insurer with multi-state analyses of issues involving rebating prohibitions, fronting, and multi-state licensing.
Providing advice to property/casualty insurer group on electronic transaction and signature laws, including the federal (E-SIGN) and state (UETA) laws and assisting in determining whether the group’s electronic application process complied with applicable electronic transaction laws in its states of operation.
Representing universities in obtaining state regulatory approval for Medicaid funds to be used for student health insurance/benefit programs.
Assisting an insurer in insurance product drafting and in satisfying state filing requirements for product approval.
Representing an issuer of transactional representations and warranties insurance policies in evaluating the risks of insuring particular transactions.  
Assisting a life insurance broker in connection with purported misrepresentations made to a state insurance regulatory agency.
Litigation
Representing an insurer in ERISA litigation matters filed in mid-Atlantic region, addressing group benefit plans, disability insurance and life insurance.
Assisting a reinsurer in a dispute with cedent concerning liability for lead paint exposure and compliance with lead paint underwriting guidelines.
Representing a higher education risk retention group in a West Virginia State mass litigation proceeding brought by thousands of students affected when the insured university lost its accreditation.
Obtaining, after nine-day bench trial, a judgment in favor of a client reinsurer in action against retrocessionaire for liabilities arising from worker’s compensation insurance.
Representing a life insurer is a dispute with its reinsurer over purported increases in yearly renewable term life insurance premium rates under a number of treaties.
Representing professional liability companies nationally in declaratory judgment actions involving D&O and E&O coverages.
Representing professional liability and general liability companies in “bad faith” extra-contractual actions across the country.
Representing a liability insurer in litigation addressing aspects of toxic tort coverage litigation, involving thousands of claims involving exposure to asbestos and benzene, and addressing allocation, trigger of coverage, settlement credits, horizontal exhaustion and the like.
Representing a life insurer as national counsel in a series of lawsuits relating to the sale of life insurance policies in connection with the adoption of tax-advantaged employee benefit plans.
Representing an insurance producer group in litigation related to the proposed Plan of Rehabilitation of a long term care insurer.
Representing a liability insurer in successfully defending declaratory judgment action concerning multi-million dollar claim for which coverage was sought under advertising injury coverage part.  
Representing a reinsurer in an arbitration over post-commutation ceding commissions.

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News

April 10, 2018 / Alerts & newsletters

Pennsylvania Appellate Court Throws Out $21 Million Insurance Bad Faith Decision, Directs Verdict in Favor of Insurer

April 1, 2018 / Articles

Leveraging Big Data & Data Analytics for Claims Handling

March 19, 2018 / Press Releases

Five Saul Ewing Arnstein & Lehr Attorneys Named to the 2018 New Jersey Super Lawyers List

January 12, 2018 / News

Firm welcomes Collings and Kamaiko as Partners in Miami and New York

January 1, 2018 / News

Garsson comments on regulatory developments and legislation impacting the insurance industry in 2018

November 6, 2017 / News

Gkonos comments on challenges with New York Cybersecurity regulations

October 4, 2017 / Alerts & newsletters

PA Legislature Introduces Corporate Governance Annual Disclosure Statute to Be Effective in 2018 – What All Insurers Need to Know & Should Be Doing Now

October 3, 2017 / News

Gkonos quoted in article on cybersecurity regulations in NYC

Events

April 27, 2018 / Events

Fred Garsson Co-Chairs New York City Bar Association’s Annual Insurance CLE

May 2, 2018 / Events

InsurTech Fundamentals and Compliance Strategies for Implementation

Gkonos and Heinnickel Present at Pennsylvania Bar Association Event

Recognition

The group includes attorneys who have been named to the following lists:

Benchmark Litigation - State Litigation Star in Pennsylvania and Maryland
Benchmark Litigation employs researchers who conduct interviews with litigators and their clients, examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers.
Super Lawyers
Super Lawyers selects attorneys using a patented multiphase selection process, utilizing 12 indicators of peer recognition and professional achievement.
The Best Lawyers in America list, Insurance Law
Inclusion in Best Lawyers is based entirely on peer review, employing a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.
Chambers USA
Chambers and Partners uses a team of more than 140 researchers to rank lawyers on the basis of their legal knowledge and experience, their ability, their effectiveness and their client-service.
Benchmark Litigation: Under 40 Hot List
Through a process of peer review and case examination, the Under 40 Hot List has been compiled over a process of many months to assemble a collection of young, up-and-coming attorneys.