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
Let’s Talk FCA: Insurance Coverage For False Claims Act Investigations (Podcast)
Navigating insurance coverage for False Claims Act investigations requires careful attention to policy structures, notice requirements, and insurer reservations of rights. This podcast episode explores the critical considerations companies face when seeking coverage for defense costs and settlements in FCA matters. Industry experts discuss practical strategies for policyholders to maximize their insurance recovery options.
United States Insurance
CM
Crowell & Moring LLP
Article
Public Comment Period Planned For Umpires In No Surprises Act Claim Disputes
Federal agencies have introduced a new recertification process for independent dispute resolution entities that arbitrate No Surprises Act billing disputes, including a five-day public comment period where stakeholders can petition against entities they believe are unfair. The process aims to address concerns that the current IDR system disproportionately favors healthcare providers, with median awards sometimes exceeding in-network rates by over 23,000%.
United States Healthcare
HB
Hall Benefits Law
Video
How Expert Testimony Becomes A Strategic Advantage (Video)
Expert testimony in complex litigation often determines case outcomes long before trial. Success depends on four critical decisions: selecting experts who can teach rather than lecture, preparing them to withstand cross-examination, connecting technical findings to quantifiable business damages, and maintaining narrative consistency across all case documents and insurance submissions.
United States Litigation
TS
Taft Stettinius & Hollister
Article
No Surprises Act: Developments In Litigation And Federal Reporting, Upcoming Operational Changes
The federal No Surprises Act continues to evolve through significant litigation outcomes, new regulatory guidance, and operational changes affecting healthcare providers, insurers, and arbitration entities. Recent developments include a Fifth Circuit ruling on qualifying payment amount calculations, congressional scrutiny of independent dispute resolution entities, and upcoming transitions to a centralized IDR Gateway platform that will fundamentally change how payment disputes are managed and resolved.
United States Litigation
SR
McDermott Will & Schulte
Article
Like It Or Not, WUCOIA Is Coming…(Part 1 – Insurance)
Washington State's WUCIOA will fundamentally transform insurance requirements for condominium and homeowners' associations starting January 1, 2028. Community associations will face new mandates including walls-in coverage, commercial general liability insurance, and fidelity insurance, representing significant departures from current statutory schemes. Understanding these changes and updating governing documents now may be critical to avoiding confusion about rights and responsibilities under the new law.
United States Insurance
BB
Beresford Booth
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
Liability Policies Listing Specific Wrongs: Cover Will Not Extend To A Related But Unlisted Delict
A U.S. District Court ruled that a commercial general liability insurer had no duty to defend its insureds against an abuse of process claim when the policy explicitly enumerated covered offenses including malicious prosecution but did not list abuse of process. The court determined that reasonable insureds would not expect coverage for unlisted offenses simply because they share legal similarities with enumerated ones.
United States Insurance
AA
Adams & Adams
Article
The ID-SMA Is No Longer A Concept — It Is A Robust Structure
The insurance-dedicated separately managed account market has reached a critical inflection point, moving from theoretical concept to scaled implementation for ultra-high-net-worth clients and family offices. As distribution channels expand across broker-dealers, independent RIAs, and major bank platforms, the competitive landscape is being reshaped by operational infrastructure and multi-channel accessibility rather than investment performance alone.
United States Wealth Mgt
KM
Katten Muchin Rosenman LLP
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