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Insurance Regulation & Licensing

Dealing with state insurance regulatory requirements in more than one state can complicate business objectives for insurance companies and agencies, especially those owned by, or affiliated with, a bank. Adapting your business practices to comply with these requirements is essential to minimizing risk and avoiding unnecessary government actions. From multistate licensing to expanding into new jurisdictions and product lines, clients rely on McIntyre & Lemon to assist them with the most challenging insurance laws, regulations, guidance, and industry best practices.

Our clients include bank-owned and bank-affiliated insurance agencies, InsurTech startups, insurance companies, third party administrators, managing general agents, surplus lines brokers, insurance consultants, insurance trade organizations, and credit card issuers partnering with insurance entities.

We regularly attend conferences and meetings of the National Association of Insurance Commissioners (NAIC) and other industry trade associations to advocate on behalf of clients. This has enabled us to develop meaningful and extensive relationships with insurance regulators and better understand the legal issues affecting the insurance industry. Our attorneys regularly contribute to leading publications impacting the insurance industry, including authoring the American Bankers Association Handbook of Bank-Insurance Compliance and editing the treatise Insurance Activities of Banks  (Wolters Kluwer).

We assist clients with:

  • Licensing of Insurance Producers, Surplus Lines Brokers, and Other Insurance Professionals—Determining when state producer and surplus lines broker licenses are required.
  • Compensation Arrangements—Counseling how to design a variety of producer and other compensation arrangements, including referral fee programs.
  • Insurance Marketing and Sales—Evaluating and reviewing marketing programs and materials to ensure regulatory compliance.
  • Review of Compliance & Risk Management Systems—Assisting businesses with developing and reviewing their compliance and risk management systems.
  • Privacy & Information Sharing—Advising on privacy policies and information sharing arrangements.
  • Government Relations—Engaging with state insurance regulators directly and through the National Association of Insurance Commissioners and with other governmental, industry, and trade associations.
  • Defense of Enforcement Actions—Working with regulators in anticipation of enforcement actions and representing clients involved in enforcement actions.
  • Cybersecurity—Helping clients navigate the growing inventory of complex cybersecurity laws and regulations.
  • Captive Insurance Companies—Advising on the formation of captive insurance companies.
  • Reinsurance—Assisting reinsurance companies with policy initiatives.
  • Vendor and Third-Party Service Provider Agreements—Reviewing and negotiating banking and insurance contracts, including joint marketing, compensation, and service provider arrangements.

In providing counsel, we routinely assist our clients in navigating the following categories of laws: 

  • Unfair trade practices
  • Restrictions on insurance advertising
  • Sales of insurance by depository institutions
  • Retail sales of variable insurance products
  • Cybersecurity and reporting of data breaches
  • Sales of insurance and annuities to servicemembers
  • Regulation of nonadmitted insurance
  • Privacy of consumer financial and health information
  • Licensing and regulation of insurance producers, surplus lines brokers, third-party administrators, consultants, and managing general agents.
  • Suitability of annuities

For more information on how we can help solve your compliance challenges and mitigate your compliance risk, contact us.