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Insurance Regulation & Risk Management

Complete legal coverage for the insurance industry.

Our insurance regulation team has decades of experience serving insurance companies, financial services firms and businesses looking to manage, distribute or monetize risk. Our attorneys have worked across 53 different state/territorial jurisdictions in the U.S., along with the federal law overlay and international insurance markets. We provide a breadth of services spanning all segments of the insurance industry, from advising on highly specialized regulatory issues to defending clients in litigation, investigations and enforcement actions.

Better still, our insurance attorneys and professionals have been true innovators in the insurance compliance space. We’ve developed cutting-edge products and risk-bearing structures to cover emerging technologies, drafted model laws and guidelines for regulatory clarity, and helped clients design new distribution channels and back-end claims processes from scratch. We also help startups in the InsurTech space formulate proactive strategies around their insurance-related innovations and educate regulators in an effort to ensure that regulatory barriers do not impede innovation.

Practice Area Contacts

  • Greg E. Mitchell

    Practice Group Leader

    Lexington, KY

  • William O. Williams II

    Member

    Indianapolis, IN

  • Michael J. Case

    Member

    Indianapolis, IN

  • Jesse D. Wilson

    Member

    Indianapolis, IN

Related Services

Agent/Agency Licensing & Compliance

Licensing and regulatory compliance touch every aspect of an insurance transaction, even when insurance isn’t one of the business’s core services. We have a wealth of knowledge and the experience to help guide you through these regulatory requirements. Our attorneys provide counsel on a regional and national basis to entities with agent or agency licensing and compliance issues, including both traditional insurance entities as well as retailers, manufacturers and credit card companies. We also advise other service providers interested in adding insurance sales capabilities or in connection with insurance program agreements underwritten by licensed entities.

Business Insurance Program Review

Companies spend thousands of dollars a year to protect themselves through insurance programs that cover the various risks associated with running a business, including general liability, commercial automobile, directors and officers, fidelity and workers’ compensation. Our attorneys are experienced in reviewing and analyzing these insurance programs to assess alternative coverages, deductibles, retention limits and self-insurance options. By identifying the best program options available to the company, we help clients make the most cost-effective and efficient use of their resources with respect to managing risks.

Captives & Alternative Risk Mechanism

Captives have seen an uptick in popularity among companies looking to leverage greater control over their business risks. Our team possesses an in-depth understanding of the various coverage options, cost reductions and tax benefits associated with alternative risk mechanisms. We draw on this knowledge to creatively and efficiently structure domestic and off-shore captives, risk retention and purchasing groups, as well as various forms of group and self-insurance entities. We help associations, healthcare providers, manufacturers and a host of other businesses manage and insure multiple types of risks while providing additional guidance on formation and regulatory compliance matters.

Extended Warranty/Service Contract Programs

Managing the regulatory and business aspects of extended warranty programs are as important today as they’ve ever been. Recognizing this, we see to it our clients have recourse to informed, practical advice regarding critical aspects of extended warranty programs, including program structure, contract terms and marketing methods, as well regulatory, licensing, and disclosure requirements. In addition to representing third-party plan providers and administrators, we counsel both emerging businesses and Fortune 500/1000 companies, including product manufacturers, retailers, service providers and platform developers.

Insurance Transactions & Code Compliance

When operating in a heightened regulatory environment, maintaining a good working relationship with regulators is a necessity. Our attorneys offer years of experience interfacing with regulators on behalf of clients an in the development of new legislation encouraging innovation in the insurance industry. We provide a wealth of perspective and insight on insurance-related transactions and code compliance matters, including market conduct examinations, compliance audits agency/brokerage acquisitions, provider agreements and joint venture arrangements, as well as insurer insolvency and administrative proceedings, litigation and arbitration.

Travel Insurance Service

Though a longstanding and popular product, travel insurance is subject to a host of uniformity and reciprocity issues that can be nebulous to regulators and industry participants alike. Enter clarity. Our attorneys have not only led the way in developing cutting-edge products and distribution compliance systems for the travel and tourism industry. Our deep regulatory knowledge has vaulted us to the forefront of the insurance compliance space. We advise clients across the tourism and hospitality ecosystem on a variety of product compliance-related matters, including market conduct exams and corrective action plans for hybrid ancillary products as well as producer licenses and requirements for limited lines travel insurance.

Dispute & Litigation Support

Our team is committed to understanding our clients’ business challenges and providing them with aggressive representation in contractual and extra-contractual matters. Our litigation support services include:

  • Coverage disputes.
  • First-party and third-party bad faith claims.
  • Large uninsured and underinsured motorist claims.
  • Class action lawsuits and alleged mass torts.
  • Aggregated consumer claims.
  • Fraud claims.
  • Environmental and catastrophic property damage claims.
  • Wrongful death claims

Supporting Evidence

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