The insurance industry is becoming one of the most globally integrated, sophisticated and highly regulated industries. Insurers and reinsurers around the world require knowledgeable and experienced regulatory lawyers to provide strategic advice on priorities including structuring and expanding operations to take advantage of new opportunities, identifying and shaping emerging legislative and regulatory policies, and developing compliance and internal investigation strategies.
We have a 50-state insurance regulatory practice and advise clients on all aspects of state and federal insurance regulation, including licensing, holding-company systems regulation, underwriting and rating of commercial insurance, policy wording, financial and solvency regulation, state insurance receivership and insolvency proceedings, insurer and broker relationships, reinsurance and surplus lines eligibility, captive insurers, offshore insurers, alternative risk-transfer products, mergers, acquisitions and changes of control, and conducting discrete internal reviews of complaints.
We ensure that our clients remain up-to-date on the numerous regulatory changes around the world, including, in the European Union: group supervision and capital adequacy issues; in the United States, on the federal and state levels: Solvency II, the Dodd-Frank Act’s impact on the insurance industry and the NAIC’s Solvency Modernization Initiative, Own Risk and Solvency Assessment initiative, revisions to credit for reinsurance requirements and revisions to insurance holding company regulations. We also monitor developments relating to the US Federal Insurance Office, the Financial Stability Oversight Council and the Terrorism Risk Insurance Act, and we develop creative solutions for clients in achieving their business objectives in the face of this changing regulatory landscape.
Our clients include life insurers, property and casualty insurers, financial guaranty insurers and mortgage guaranty insurers. We frequently work with clients in the preparation, filing and proceedings relating to “Form A” change-of-control statements, “Form D” affiliated transaction statements and bulk reinsurance filings associated with acquisitions of large blocks of insurance business. We negotiate with insurance regulators to overcome regulatory obstacles and develop creative solutions that enable our clients to gain regulatory approval for their proposed forms of business arrangements. We have represented clients in matters before many state insurance departments and numerous state attorneys general, and before federal administrative agencies, the US Congress and various state legislatures.
Our team also includes lawyers experienced with funds and portfolio management, financial services law, global custody and securities lending, and anti-money laundering procedures. Our lawyers regularly provide advice to leading global financial clients on operational arrangements and ongoing compliance activities, as well as contentious regulatory issues and SEC, FCA and other regulatory and cross-border investigations.
Mayer Brown lawyers are known for their ability to counsel and defend insurers and reinsurers— as well as their officers, directors and employees—with regard to the complex criminal, civil and administrative investigations and enforcement proceedings resulting from today’s increasingly aggressive government investigation and prosecution of alleged business misconduct.
We understand the techniques employed by government investigators and the key facts they are trying to uncover. Our experienced team has the global resources to provide informed and insightful answers and effective defenses that are designed to avoid or minimize legal exposure.
Our Insurance Regulatory & Compliance team includes a deep bench of former federal prosecutors and other government officials, insurance regulatory lawyers, seasoned trial lawyers with dozens of trials and arbitrations under their belts, and a corps of appellate lawyers who have collectively argued more than 220 matters before the US Supreme Court. We offer a broad global insurance and enforcement practice that works with leading global insurers and reinsurers to provide thoughtful and creative solutions to complex issues and sophisticated counsel with respect to the opportunities our clients face in the marketplace.
Select insurance regulatory and compliance engagements by Mayer Brown partners include:
- Risk. We represent financial institution clients regarding the specific types of insurance regulatory risks associated with lending to, and entering into derivatives contracts with, U.S. insurance companies.
- Licensing. We represent various clients regarding state requirements for licensing of insurance agents and brokers, insurance adjusters and third-party administrators.
- Excess, surplus lines and other distribution channels. We represent numerous non-U.S. insurance companies regarding the extent of business activities they are permitted to carry on in the United States, through the excess and surplus lines market and other non-admitted distribution channels.
- State insurance law compliance. We represent various insurance and reinsurance companies and insurance agents and brokers regarding compliance with state insurance laws and have assisted clients in planning and carrying out internal compliance investigations.
- State regulatory approvals. We represent clients in obtaining state insurance regulatory approvals for insurance company acquisitions, related-party transactions and in obtaining regulatory approval for a variety of highly bespoke transactions.
- State enforcement actions. We represent clients that were the subject of various types of contemplated or actual enforcement actions by state insurance regulators.
- Form A approval. We represented a major insurer to intervene in the Form A approval process when one of its reinsurers was being sold, the result of which was that the state insurance department required the reinsurer’s parent to reinfuse significant additional capital into the reinsurer as a condition of securing regulatory approval for the sale.
- Reinsurance business formation. We represent multiple start-up reinsurance businesses in connection with the legal, regulatory, licensing, tax and accounting work connected with their formation.
- Acquisition. We advised on the acquisition of a shell life insurance company, managing the various business plan, Form A, financial and other submissions to a state insurance department. The partner’s work also included life and annuity product development and service as an executive officer and member of the board of directors.
- Outsourcing. We represented a major US life insurance company in creating a combination of corporate structures and service contracts for the performance of a variety of support services from India. This outsourcing project was one of the first of its kind and scale in the insurance industry.