News & Analysis as of

Underwriting Risk Management

Otten Johnson Robinson Neff + Ragonetti PC

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence...more

Miles & Stockbridge P.C.

What You Need to Know About Freddie Mac’s Recent Update

Freddie Mac published last Thursday an update to the Freddie Mac Guide, which included a discussion of various underwriting, fraud detection and loan document changes. Here's what you need to know...more

Lowenstein Sandler LLP

D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part I)

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In the first of two episodes, Lynda A. Bennett talks with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus,...more

K&L Gates LLP

RWI in Health Care M&A: Part 2

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In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an...more

Bradley Arant Boult Cummings LLP

Potential Impact of FHA’s Revised Defect Taxonomy on Mortgage Originators and Servicers

On January 7, 2025, the Federal Housing Administration (FHA) officially revised its Defect Taxonomy (Final Defect Taxonomy) with the publication of Mortgagee Letter (ML) 2025-01 and the related attachment detailing those...more

Alston & Bird

NYDFS Issues Final Circular Letter Guidance on Use of AI in Insurance Underwriting and Pricing

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On July 11, 2024, the New York Department of Financial Services (“NYDFS”) released Insurance Circular Letter No. 7, which establishes guidelines on the use of artificial intelligence systems (“AIS”) and external consumer data...more

Troutman Pepper Locke

New York DFS Issues Circular Letter No. 7 RE: Use of AIS and ECDIS in Insurance Underwriting and Pricing

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On Thursday, July 11, 2024, the New York Department of Financial Services (“NYDFS”) issued Circular No. 7 Re: Use of Artificial Intelligence Systems and External Consumer Data and Information Sources in Insurance Underwriting...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 8: Capital Requirements

The Solvency Capital Requirement (SCR) is designed to protect policyholders by helping ensure that insurers can survive difficult periods and pay claims as they fall due. It prescribes a specific level of capital that an...more

J.S. Held

Severe Convective Storms and Associated Insurance Weather Risks

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Severe convective storms (SCSs) occur during all seasons in the United States. According to Aon, severe convective storms have accounted for 70% of global insurance losses in recent years, and there continues to be a rise in...more

J.S. Held

Weather Hazards & Insurance Claims Considerations Across the US

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Introduction: Exploring Hazardous Weather Patterns Across the US - Every day, somewhere in the United States, some sort of hazardous weather is occurring. The vastness of the nation—from the Arctic Ocean coastline to the...more

Epstein Becker & Green

Insurers in the Crosshairs: New York Targets Consumer Data and AI-Infused Insurance Underwriting and Pricing

As the implementation and integration of artificial intelligence and machine learning tools (AI) continue to affect nearly every industry, concerns over AI’s potentially discriminatory effects in the use of these tools...more

Alston & Bird

NYDFS Releases Circular Letter on Use of AI in Insurance Underwriting and Pricing

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On January 17, 2024, the New York State Department of Financial Services (“NYDFS”) issued a proposed circular letter for comment regarding the “Use of Artificial Intelligence Systems and External Consumer Data and Information...more

Mayer Brown

New York State Department of Financial Services Issues Proposed Artificial Intelligence Circular Letter

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On January 17, 2024, the New York State Department of Financial Services (“NYSDFS”) released a proposed circular letter addressing the use of external consumer data and information sources (“ECDIS”) and artificial...more

Clark Hill PLC

New York Department of Financial Services Proposes Circular to Address Insurance Companies’ Use of Artificial Intelligence

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On Jan. 17, the New York Department of Financial Services (“NYDFS” or “Department”) issued for public comment a proposed circular letter (“Circular”) for addressing the use of artificial intelligence systems (“AIS”) and...more

Troutman Pepper Locke

Artificial Intelligence Regulation in the ‎Insurance Industry – 2023 a Year in Review

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2023 has been a very productive year for regulators advancing their efforts to understand new technologies and consider whether and how to regulate the rapidly developing technologies, including artificial intelligence,...more

Paul Hastings LLP

An Eye on Insurance: Recent Developments in Insurance Regulation

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The last months of 2023 capped off another major year for insurance regulation, with state insurance regulators and the National Association of Insurance Commissioners undertaking a number of initiatives that will affect the...more

BCLP

The Future of Insurance - Colorado’s New ECDIS and AI Model Regulations

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On September 21, 2023, the Colorado Division of Insurance adopted a Final Regulation implementing S.B. 21-169, the 2021 law governing Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS),...more

Robinson+Cole Data Privacy + Security Insider

Colorado Prepares to Regulate AI and Big Data in Insurance

Colorado is poised to become one of the first states to regulate how insurers can use big data and AI-powered predictive models to determine risk for underwriting. The Department of Insurance recently proposed new rules that...more

Woodruff Sawyer

[Webinar] P&C Insurance Trends: Looking Ahead to 2022 - December 7th, 10:00 am - 11:00 am PDT

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Though the market remains difficult amidst claims costs and underwriting issues, we are cautiously optimistic and see opportunities for you to improve your insurance portfolio in 2022. Join Woodruff Sawyer experts Carolyn...more

Kramer Levin Naftalis & Frankel LLP

Announcing ‘Cyber Insurance Risk Framework,’ NY DFS Joins OFAC in Discouraging Carriers From Making Ransomeware Payments

Ransomware threats and attacks dominated the cyber news cycle in 2020 and into 2021. With the global pandemic and the uptick in remote work and learning, cybercriminals and nation-state hackers have seized on vulnerabilities...more

McDermott Will & Emery

Climate Change Risks and US Insurance Industry Regulation

In late November 2020, we published a high-level review of insurance regulatory developments relating to climate change, available here. In the six weeks since, regulators and industry participants on both sides of the...more

Carlton Fields

COVID-19 Class Actions Update

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In the early days of the COVID-19 pandemic, dozens of class action lawsuits were filed across a variety of industries in the United States – with theories of liability ranging from hand sanitizer false-labeling allegations,...more

McAfee & Taft

Best practices for farmers under the Whole-Farm Revenue Protection Program

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The Whole-Farm Revenue Protection (WFRP) policy was introduced in 2014 to provide farmers a new, more flexible risk management tool. Unlike traditional multi-peril crop insurance (MPCI) policies, the WFRP policy provides...more

Goodwin

It’s Time for a Fintech to Help Bank on Small-Dollar Lending in the U.S.

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As the U.S. wrestles with COVID-19, federal banking agencies are encouraging banks and credit unions to make responsible small-dollar loans to consumers and small businesses. Partnering with a financial technology company...more

White and Williams LLP

Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures

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Among the many dramatic changes to Americans’ personal and professional lives during the past few weeks has been the noticeable absence of established guidelines and information on how to conduct business in this...more

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