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Maritime and Reinsurance Law and the Baltimore Bridge Collapse

In the early morning of March 26, the Singapore-registered container ship MV Dali, after losing power, collided with a main pier of the Francis Scott Key Bridge that spans the Patapsco River and the outer Baltimore Port in...more

New York Department of Financial Services Proposes Circular to Address Insurance Companies’ Use of Artificial Intelligence

On Jan. 17, the New York Department of Financial Services (“NYDFS” or “Department”) issued for public comment a proposed circular letter (“Circular”) for addressing the use of artificial intelligence systems (“AIS”) and...more

Insurtech Briefly Podcast - Anti-Rebating Statutes (Part 2) [Audio]

In this episode, Robert Tomilson and Scott Galla continue their discussion of anti-rebating statutes. DISCLAIMER – No information contained in this Podcast or on this Website shall constitute financial, investment, legal...more

Insurtech Briefly Podcast - Anti-Rebating Statutes (Part 1) [Audio]

In this episode, Robert Tomilson and Scott Galla explore the purpose of anti-rebating statutes, regulations that bar insurance producers and agents from giving gifts or sharing commission. DISCLAIMER – No information...more

Insurtech Briefly Podcast: Surplus Lines Market [Audio]

In this episode of the Insurtech Briefly podcast, Robert Tomilson and Scott Galla explore the advantages and constraints on insurtechs using surplus lines as an entrance to the insurance market. ...more

Insurtech Briefly Podcast - Embedded Insurance: Past and Present [Audio]

In this episode, Robert Tomilson and Scott Galla briefly survey the nature, the use, and the success of embedded insurance, today and in the past. ...more

Insurtech Briefly Podcast: Licensing, Google and Lead Gens [Audio]

On this episode of Insurtech Briefly, Robert Tomilson and Scott Galla discuss the purpose of licensing for insurance intermediaries and what happens when a private company expands licensure requirements for lead generators. ...more

Introducing the Insurtech Briefly Podcast [Audio]

Welcome to Insurtech Briefly, where Clark Hill attorneys Robert Tomilson and Scott Galla talk innovations in the insurance industry. ...more

Travel Insurers Face Headwinds From Reinsurers Over COVID Losses

Insurance litigation stemming from COVID-19 has offered few jurisprudential surprises: exclusions were largely enforced, defense costs mostly paid. While policyholders almost immediately sued their insurers under a variety...more

SMART LAUNCH: Keystone State Promises Insurtechs a Conduit for Quick Regulatory Review and Approval

Pennsylvania Insurance Department’s (Department) Commissioner, Jessica Altman, announced a new program encouraging insurtechs and carriers to bring innovative solutions and products to the insurance market. Keystone Smart...more

Google Mandates Licensure for Health Insurance Advertisers / Lead-Gens

Starting on June 2, 2021, Google will restrict who can advertise health insurance to just government exchanges, first-party providers and licensed insurance producers. Promoters such as lead generators will need to obtain...more

Hackers Targeting Insurance Instant Quote Sites

The New York Department of Financial Services issued a cybersecurity fraud alert (“Alert”) to all regulated entities, particularly those utilizing public-facing websites that display nonpublic information (“NPI”), even if...more

California Insurance Department's Notice Requires Vetting of All COVID-19 Claims

On April 14, California Insurance Commissioner, Richard Lara, issued a Notice prohibiting any “insurer, insurance agent, broker or other Department licensee” from dissuading a policyholder from filing a claim under business...more

Stop Loss Carriers Need to Consent to any Material Changes to Self-Insured Employers' Healthcare Plans

In response to COVID-19, Massachusetts, Illinois, Pennsylvania and a growing list of states have directed health insurance carriers to, among other things, relax cost-sharing and enhance telemedicine services. These...more

Insurance Coverage and COVID-19

In times of crisis, individuals and corporations rightly turn to their insurance policies in the expectation of alleviating current and future loss. When doing so, they discover, for the first time, the policies’ exclusions,...more

States Diverge in Following Either the NAIC or New York in Implementing Cybersecurity Regulations

States continue to implement insurance-specific cyber and data security regulations, drawing on either the National Association of Insurance Commissioners Insurance Data Security Model Law (“Model Law”) or the New York...more

State Departments of Insurance Continue to Follow the NAIC or New York in Implementing Cybersecurity Regulations

State regulators continue to implement insurance-specific cyber and data security regulations, drawing on either the National Association of Insurance Commissioners Insurance Data Security Model Law (“Model Law”) or the New...more

A Gentlemen’s Agreement Broken: Life and Annuity Reinsurance Arbitration

As late as the 1980s, the vast majority of U.S. reinsurance arbitrations were handled in-house. An in-house lawyer from the cedent and reinsurer presented their respective cases at a day-long hearing before a panel of...more

European Commission Gives Green Light on Antitrust Investigation into Insurance Ireland Data Pooling System

On May 14, 2019, the European Commission announced a formal antitrust investigation into Insurance Ireland’s data pooling system to reconcile its guidelines and conditions against competition laws that prevent unfair...more

Brave New World: Caution and Clarification for Life Insurance Carriers and Insurtech Partners Using Nontraditional Data

The New York Department of Financial Services (“DFS”) recently released guidance describing how a life insurer may use so-called “external data,” that is, data not directly related to an applicant’s medical condition, without...more

Kavanaugh’s First Opinion Rejects “Wholly Groundless” Exception to Arbitrability

On January 8, 2019, a unanimous Supreme Court held that a court may not decide gateway issues of arbitrability where the parties’ contract explicitly provides for an arbitrator to decide those issues. ...more

House Passes Bill Blocking Federal Regulation of Stop-Loss Insurance

The U.S. House of Representatives passed the Self-Insurance Protection Act (H.R. 1304), on April 5, 2017, in an effort to preclude federal regulation of stop-loss insurance. This Act would not alter regulation of the current...more

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