United States: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.
Article
Fifth Circuit Strikes Down Key Rules Governing The No Surprises Act
The Fifth Circuit's en banc ruling on the No Surprises Act challenges federal agencies' methodology for calculating provider reimbursement rates, specifically addressing the controversial inclusion of "ghost rates" and exclusion of bonus payments in determining the qualifying payment amount. This landmark decision will reshape how insurers calculate reimbursement rates for out-of-network claims and significantly impact negotiations between healthcare providers and insurance companies.
United States Healthcare
BT
Barnes & Thornburg LLP
Video
A Deep Dive On Insurance Brokerage M&A (Podcast)
Skadden attorneys examine the unique legal considerations in insurance brokerage M&A transactions, exploring how deal structures must be carefully crafted to protect value in a people-driven business where client relationships and key personnel are paramount. The discussion covers earn-outs, reinvestment mechanics, restrictive covenants, and bespoke warranty packages tailored to the distinctive nature of brokerage deals.
United States Insurance
SA
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Article
Duration Is Not Destiny: The NAIC's Proposal For Multi-Collateral Structured Credit Investments
The NAIC has proposed significant revisions to statutory accounting principles that would restrict bond treatment for multi-collateral structured credit investments deemed to carry "significant embedded asset-liability management risk." This analysis examines the regulatory concerns driving the proposal, evaluates whether the proposed framework appropriately addresses those concerns, and identifies potential unintended consequences for insurance company investors and the broader structured credit markets.
United States Finance
D
Dechert
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Article
US NAIC Summer 2026 National Meeting Highlights: Natural Catastrophe Risk And Resilience (EX) Task Force
The Natural Catastrophe Risk and Resilience Task Force of the US National Association of Insurance Commissioners convened to address the escalating challenges of catastrophe risks facing insurance markets. Key discussions centered on developing standardized mitigation programs, expanding flood insurance awareness, and scaling resilience initiatives like FORTIFIED home designations. The meeting also examined the evolving property/casualty reinsurance market and explored new hemispheric partnerships to streng
United States Insurance
MB
Mayer Brown
Article
Key Changes To New York Motor Vehicle Litigation Under The 2026 CPLR And Insurance Law Amendments
New York's 2026 legislative amendments fundamentally alter motor vehicle litigation by introducing modified comparative fault principles, eliminating the 90/180-day serious injury category, and redefining when liability is established for prejudgment interest purposes. These coordinated reforms to the CPLR and Insurance Law create significant implications for how fault is allocated and when plaintiffs can recover damages in automobile accident cases.
United States Litigation
BS
Bond, Schoeneck & King PLLC
Curated
Managing Construction Risk Through Contracts, Insurance And Early ADR
Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.
United States Litigation
J
JAMS
Article
Court Finds Physical Manifestations Of Purely Mental And Emotional Injuries Do Not Constitute ‘Bodily Injury’
A federal court in Pennsylvania ruled that physical manifestations of emotional distress from a data breach do not constitute bodily injury under a general liability policy. The decision also addressed whether the policy's personal and advertising injury coverage applied when a hacker gained unauthorized access to private photos of female athletes stored in software operated by the insured.
United States Insurance
WR
Wiley Rein
Article
Defend Now, Allocate Later? An Unresolved Tension In Colorado Construction Law
Colorado law has long distinguished between the duty to defend and the duty to indemnify in litigation, but the state's construction anti-indemnity statute creates an unresolved tension with this traditional framework. When construction agreements are governed by statutory limits on risk transfer tied to proportional fault, how does a present duty to defend operate before that fault has been determined? This intersection of established legal principles awaits definitive appellate guidance.
United States Litigation
Higgins, Hopkins, McLain & Roswell, LLC
Article
Ohio Supreme Court Reinforces Finality Of Binding Insurance Appraisals
The Supreme Court of Ohio has issued a landmark decision reinforcing the finality of binding insurance appraisal awards, establishing that courts will only set aside such awards in exceptional circumstances involving fraud or manifest mistake. The ruling clarifies the stringent pleading requirements parties must meet when attempting to challenge completed appraisals, particularly when alleging newly discovered property damage. This decision has significant implications for how property insurance disputes ar
United States Insurance
DS
Dinsmore & Shohl
Article
When Is An Insured Entitled To Independent Legal Representation At The Insurer’s Expense? Lessons From A US Court.
When a liability insurer defends an insured under a reservation of rights, does a conflict of interest arise if the factual issues in the underlying litigation are the same facts that determine coverage availability? The Minnesota Court of Appeals addressed this critical question in a case involving a construction zone accident, establishing when insurers must fund independent counsel for their insureds.
United States Insurance
AA
Adams & Adams
Article
What's Professional, Doc?
Two Georgia employees allegedly misappropriated trade secrets and proprietary software to launch a competing insurance brokerage, prompting their former employer to sue. When their professional liability insurer denied coverage, a critical question emerged: what types of actions by an insured actually constitute "professional services" under Georgia law, and does establishing a rival business using stolen confidential information fall within that definition?
United States Insurance
HK
Holland & Knight
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