Страхування

Squire Sanders' insurance practice understands the importance of providing value. Our lawyers have in-depth experience in all segments of the insurance industry and provide our clients with uniquely tailored services designed to meet their needs. Clients rely on Squire Sanders for such services as formation and capital structuring, demutualization, regulatory issues and approvals, government and regulatory investigations, health insurance and managed care, insurance and class action litigation, insolvencies, corporate restructurings and run-off strategies, reinsurance, captives and self insurance, legislative advocacy and counseling at state and federal levels, catastrophic risk pools and financings, international matters and strategic transactions. We have also assisted state governments in creating property and casualty insurers of last resort in new financings for insurance risk pools aggregating several billion dollars. Insurers, reinsurers, agents, brokers, third party administrators and administrative service organizations depend on Squire Sanders for cost-effective and creative legal services across the United States and around the world.

We also offer a team led by former general counsels, chiefs of staff and legislative directors for the governors of Ohio and Florida, as well as a former Ohio Department of Insurance director. Squire Sanders provides our clients with the full range of legislative and public policy services at the state, federal and international level.

Services
Company formations, transactions and corporate governance
Capital formation and structuring
Demutualizations
Regulatory approvals, investigations, examinations and compliance
Complex insurance coverage litigation
Health insurance, managed care, Medicare Advantage and Medicare Part D Prescription Drug Plans
Liquidations, rehabilitations, solvent and insolvent run-off
Class action and other insurance-related litigation
Reinsurance transactions and disputes
Legislative and public policy advocacy
Captives and self-insurance
Broker-Dealers and Investment Advisers
Global insurance experience

Company formations, transactions and corporate governance

• Advising on the formation, licensing and capitalization of new insurers, in multiple lines and jurisdictions, managed care organizations, managing general agencies, third party administrators (TPAs) and other licensed entities
• Licensing insurers entering additional states and non-US insurers in the US market, acquisitions of "shell" companies for geographic expansion and market withdrawals
• Advising on corporate and regulatory issues relating to acquisitions, sales and mergers of insurance entities including preparing transactional documents and handling Form A filings
• Handling the formation and reorganization of holding company systems and insurer service companies, premium finance companies and other affiliates
• Preparing TPAs and managing general agency, investment management services agreements and related licensing
• Counseling on corporate governance issues such as board and committee structures, indemnification arrangements, internal controls and investigations

Capital formation and structuring

• Assisting with initial public offerings (IPOs)
• Advising on public offerings and private placements of common and preferred stock and senior and subordinated debt securities
• Advising on public offerings and private placements of surplus notes, trust preferred securities and hybrid securities including "new hybrid securities"
• Securitizing financial assets
• Participating in transactions involving derivative instruments and financial reinsurance

Demutualizations

• Structuring traditional demutualizations, subscription rights demutualizations and the mutual holding company framework, and obtaining regulatory approvals
• Evaluating policyholder issues
• Advising clients on mutual-mutual mergers and other merger alternatives for mutuals
• Counseling clients on takeover defenses and strategies
• Counseling clients on securities law issues
• Advising on redomestication considerations

Regulatory approvals, investigations, examinations and compliance

• Assisting with mergers and acquisitions, formations, redomestications and licensing of insurance and reinsurance companies, managed care organizations, captives and managing general agencies and large agencies
• Advising on holding company compliance and change of control approvals
• Assisting with mutual company conversions and Blue Cross conversions
• Participating in market conduct examinations including large multistate examinations and baseline controls assessment examinations, and counseling regarding remediation strategies
• Advising on market conduct compliance assessments including reviews of compliance governance, organization structure and controls
• Counseling on legislative and public policy advocacy including NAIC and NCOIL initiatives and congressional bills
• Advising on product and rate development, filings and approvals
• Participating in regulatory approvals and considerations related to health insurance, managed care, Medicare Advantage and Medicare Part D Prescription Drug Plans
• Counseling on insolvency, solvent and insolvent runoff, and restructurings
• Advising insurers on investment code issues and innovative capital management solutions
• Counseling on commerce issues including licensing and compensation requirements
• Advising clients on GLBA, HIPAA and Fair Credit Reporting Act privacy issues
• Assisting insurers with international issues including market access strategies in developing countries

Complex insurance coverage litigation

• Resolving complex, third party claims involving alleged directors and officers liability, pollution and asbestos claims, employment practices and general liability disputes
• Representing clients against potential exposure to billion-dollar asbestos liability claim
• Litigating advertising injury and personal injury claims arising from underlying patent infringement and privacy claims
• Defending bad faith claims arising from complex insurance coverage disputes
• Assisting clients in risk assessment posed by mass tort liability and the setting of reserves
• Litigating cutting edge insurance policy interpretation and liability issues
• Litigating rights to recover under general liability and pharma policies in multidistrict products liability action
• Overseeing and coordinating defense counsel handling of third party claims tendered to insurer

Health insurance, managed care, Medicare Advantage and Medicare Part D Prescription Drug Plans

• Providing comprehensive business planning services to managed care organizations
• Assisting with insurance regulation and corporate formation for national health and vision insurers
• Assisting with licensure projects for the Medicare Part D Plan including applying for federal waivers of state licensure for each jurisdiction
• Assisting financially troubled companies including working with regulators on the implications of rehabilitation
• Acquiring health insurance companies through stock purchase
• Assisting health plans in establishing discount prescription drug cards
• Assisting health insurers on out-of-network contracting issues

Liquidations, rehabilitations, solvent and insolvent run-off

• Representing troubled companies, reinsurers, creditors, auditors, directors and officers, receivers and other stakeholders in regulatory proceedings and disputes arising in and out of court from the supervision, rehabilitation and liquidation of troubled insurance companies
• Representing financial services companies in US bankruptcy and state insurance liquidation proceedings
• Defending former directors and officers of failed insurers in breach of fiduciary duty and other claims

Class action, antitrust and other insurance-related litigation

• Defending insurers in national class actions involving insurance sales practices
• Defending class actions involving insurance sales and marketing practices
• Defending directors and officers in state and federal court regarding errors and omissions, employment practice liability insurance and general coverage disputes
• Defending antitrust class actions against insurers
• Counseling on state and federal rescission actions based upon fraudulent applications
• Representing life insurers in multiple state and federal viatical litigation and bankruptcies

Reinsurance transactions and disputes

• Preparing reinsurance, commutation, trust and related services agreements and letters of credit
• Analyzing reinsurance agreements in connection with acquisitions, IPOs, coverage claims and insurer insolvencies
• Representing reinsurers in disputes and litigation with receivers of insolvent insurers, and in other cases advising court appointed receivers in seeking recoveries
• Handling arbitrations involving a number of covered occurrences, following the fortunes issues, late notice and clash cover
• Representing reinsurers and insurance brokers in mergers and acquisitions

Legislative and public policy advocacy

• Representing clients on a full-range of insurance legislative and regulatory issues before all state insurance departments, NAIC, NCOIL, the US House of Representatives and the US Senate
• Preparing and drafting legislation and amendments and providing analyses of pending legislation
• Presenting testimony and client position papers as well as monitoring and evaluating committee hearings and congressional sessions
• Assisting clients in proactively building relationships with government officials and in developing advocacy strategies that can be integrated into government relations plans
• Lobbying numerous insurance bills before state legislatures
• Representing business groups before state assemblies during the passage of workers' compensation reform legislation
• Advocating on behalf of the business groups in the legislative and administrative law process leading to passage of health care reform legislation

Captives and self-insurance

• Assisting in formation and counseling regarding selection of a domiciliary state or jurisdiction and providing advice during due diligence and the feasibility stage of formation
• Advising on securing regulatory approvals
• Assisting with capital structuring
• Advising on regulatory compliance
• Advising on structuring payment terms consistent with captives objectives
• Assisting with structuring fronting arrangements
• Reinsurance strategy and recoveries
• Advising on multiple issues relating to medical malpractice captives

Broker-dealers and investment advisers

• Defending broker-dealers and investment advisers in federal, state and SRO (self-regulatory organizations such as NASD and NYSE) inquiries and enforcement actions
• Defending broker-dealers and investment advisers in class action litigation and MDL proceedings
• Resolving broker-dealer and investment adviser customer disputes in mediation, arbitration and court proceedings
• Compelling the use of arbitration clauses
• Litigating recruiting disputes including restrictive covenant enforcement, trade secret protection and "branch raiding" disputes
• Assisting with internal investigations of potential violations of securities, banking, other state and federal laws, SRO regulations and alleged breaches of fiduciary duty
• Advising on policies and procedures to comply with currency reporting obligations and the other obligations imposed by the USA PATRIOT Act and other federal legislation
• Performing reviews of compliance policies, procedures, and compliance with internal policies and procedures and regulatory requirements
• Designing educational programs on sales practices, avoiding customer complaints and litigation, and branch office supervision
• Advising on transactional work including acquisitions, sales and reorganization of broker-dealers and investment advisers
• Assisting in the establishment of operational, governance and internal controls

Global insurance experience

• Advising clients throughout the North and Latin America, Europe (including Central and Eastern Europe) and Asia
• Licensing admissions and formations issues for global insurers
• Advising global insurers on antitrust and competition regulation including consumer protection, advertising matters, government investigations and EU competition issues
• Counseling on international trade regulation, WTO and market access issues
• Advising insurers on other forms of economic regulation such as government contracting issues
• Advocating and assisting in government relations for clients before standards setting associations
• Counseling regarding sharing competitively sensitive information
• Advising US-based insurers on the regulatory environment on global market entry strategies

Вибрані проекти

Squire Sanders Prepares Florida Insurance Company Before Storms Hit

Citizens Property Insurance Corporation, a statutorily created insurer of last resort that provides property and casualty insurance to qualified risks in Florida, needed to enhance its ability to pay claims arising from windstorm and other weather-re...