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New York DFS proposes to restrict auto insurers' use of education and occupation as rating factors

The New York Department of Financial Services (DFS) has proposed a regulation restricting the use of education and occupation criteria by private passenger auto insurers in setting rates. The proposed DFS regulation...more

Issues to watch at the Denver NAIC Meeting

As we head to the NAIC Spring National Meeting in Denver this weekend, here are just a few of the issues the Dentons IREG team will be engaged in...more

SC Supreme Court holds reservation of rights letters must be specific to be effective

The Supreme Court of South Carolina has issued a decision that could have a great impact on how insurers issue reservation of rights letters. In Harleysville Group Ins. v. Heritage Group Communities, Inc., No. 27698,...more

New York's New Cybersecurity Rules: Will DFS Rule the Financial Services Cyberworld?

This month, the long-gestating regulation from the New York Department of Financial Services (DFS) mandating that extensive cybersecurity measures be taken by New York-licensed insurance companies and banks, as well as other...more

CMS: Quota share reinsurance

In an abrupt change in position, the US Centers for Medicare & Medicaid Services ("CMS"), in its Advance Notice of Methodological Changes for Calendar Year (CY) 2018, the "Call Letter", published February 1, 2017, announced,...more

The US and EU finalize a Covered Agreement on insurance and reinsurance regulation

On January 13, 2017, the US Treasury reported to Congress that Treasury and the US Trade Representative (USTR) had successfully concluded negotiations with the EU on a Covered Agreement (the Agreement) that would presumably...more

President-elect Trump's potential priorities for insurance regulation

Apart from a fundamental disagreement between the parties as to whether the Affordable Care Act ("ACA") should be repealed and replaced, insurance regulatory issues did not play a large role in the Presidential campaign. That...more

Risk Adjustment Update: CMS and the states react to insurer exits

The close of 2016 will mark the end of the third full year that the Affordable Care Act (ACA) has been fully implemented. Data is available for the first two "reporting years," 2014 and 2015, for which health insurers and...more

DC Circuit strikes down HHS regulation regarding fixed indemnity plans

On July 1, 2016, in the case of Central United Life Insurance Company v. Burwell (No. 15-5310), the US Court of Appeals for the District of Columbia Circuit ruled that the US Department of Health and Human Services (HHS)...more

New wave of putative class actions challenge cost of insurance charges

In recent months, life insurers across the country have faced a new onslaught of putative cost of insurance class actions. These cases bring novel theories but may also revive a decades-old jurisprudential debate over whether...more

IREG Update - Global pandemic emergencies: the insurance industry tackles a seemingly unmanageable risk

Global pandemic emergencies: the insurance industry tackles a seemingly unmanageable risk - On May 21, 2016, the World Bank Group announced the Pandemic Emergency Financing Facility (PEF), a new global financing...more

IREG Update - The NAIC takes on cybersecurity

The NAIC takes on cybersecurity - The subject of cybersecurity risks, which the National Association of Insurance Commissioners' Chief Security and Information Officer Frosty Mohn presented at NAIC's Insurance Summit in...more

IREG Update - Key changes for ACA CO-OP boards: a look at new regulations taking effect this week

Key changes for ACA CO-OP boards: a look at new regulations taking effect this week - On May 6, 2016, the US Department of Health and Human Services (HHS) released an interim final rule with comment (IFC) to bolster the...more

IREG Update - Insurers and big data

Insurers and big data - Insurance companies are increasingly using “big data” to optimize all aspects of their businesses—from claims processing and marketing to underwriting and pricing. Recognizing this trend among...more

IREG Update - Exemptions of health care sharing ministries from insurance laws and regulations

Exemptions of health care sharing ministries from insurance laws and regulations - Whether because of the cost of the policies, or their religious and political principles, many Americans are looking to avoid enrolling...more

IREG Update - Department of Health and Human Services and the Centers for Medicare and Medicaid Services take action to change the...

Department of Health and Human Services and the Centers for Medicare and Medicaid Services take action to change the risk adjustment methodology - In February, we wrote about the controversial effect of the federal risk...more

IREG Update - Changing exposures and concerns for directors and officers of private and nonprofit companies

Changing exposures and concerns for directors and officers of private and nonprofit companies - Last month, insurance professionals gathered in New York to attend the Professional Liability Underwriting Society’s D&O...more

The California Department of Insurance adopts robust network adequacy regulations

This week, the California Department of Insurance (CDI) announced the formal adoption of network adequacy regulations that Commissioner Dave Jones first issued and implemented, on an emergency basis, in January 2015....more

IREG Update - The emerging regulatory battleground over long-term care insurance rate increases

The emerging regulatory battleground over long-term care insurance rate increases - As class action lawsuits challenging premium rate increases on long-term care (LTC) insurance have faced dismissal in recent years,...more

IREG Update - Co-Op member migration: Giving "risk adjustment" a whole new meaning

Co-Op member migration: Giving "risk adjustment" a whole new meaning As the Co-Ops created under the Patient Protection and Affordable Care Act fail one after another and their members enroll in coverage with other...more

IREG Update - California Commissioner calls for divestiture from carbon-based investments

California Commissioner calls for divestiture from carbon-based investments - California Insurance Commissioner Dave Jones calls for insurance industry divestment from thermal coal and announces a new requirement for...more

IREG Update - FHFA cuts off FHLB access to captives

FHFA cuts off FHLB access to captives - After considering input received in more than 1,300 comment letters submitted in response to a proposed rule issued in 2014, the Federal Housing Finance Agency (FHFA) issued its...more

IREG Update - Price optimization

Price optimization update - Background - In June 2015, we reported that while four states had issued formal bulletins and memoranda prohibiting the practice of price optimization by property and casualty insurers,...more

IREG Update - December 2015 #2

Delaying the Cadillac tax: The story of a successful coalition of strange bedfellows - Congress has rarely found bipartisan agreement on anything relating to the Affordable Care Act (ACA). However this week they are...more

IREG Update - December 2015

US to negotiate insurance and reinsurance "covered agreement" with EU - The US Treasury Department and US Trade Representative (USTR) recently announced controversial plans to negotiate a “covered agreement” on insurance...more

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