Insurance Regulatory & Transactions

Greenberg Traurig’s Insurance Regulatory & Transactions Practice brings together lawyers from throughout our U.S. and international offices with experience in complementary disciplines – including insurance regulatory, tax, corporate finance and securities, securitization and structured finance, litigation, health care, and governmental affairs – to support clients from various segments of the insurance industry. We provide tailored legal services to clients in the areas of insurance regulation, legislative and public policy advocacy, life and health insurance, property and casualty insurance, premium finance, securitization and derivatives, and insurance litigation. Utilizing the combined resources of lawyers and professionals in major state capitals and colleagues in U.S. and international offices, we support insurers, reinsurers, producers, managing general agents, premium finance companies, and other insurance entities across virtually all segments of the insurance marketplace.

National Platform & Regulatory Reach

With on-the-ground resources throughout the country, we are well-positioned to address local challenges quickly and efficiently. Our nationwide network of offices, including offices in nine state capitals, allows us to offer a wealth of insurance and governmental affairs services. These offices maintain relationships with key government officials at the state capital level and with elected officials and advisors. Additionally, we have established credibility with insurance commissioners and their staff in all 50 states, built upon years of working closely with these offices, holding prior positions within them, and moderating insurance panels for industry conferences. Because our national footprint includes regulatory hotbeds such as Austin, Tallahassee, Albany, Sacramento, and Boston, we can provide up-to-the-moment support for regulated transactions and filings, legislative policy initiatives, executive branch and insurance department advocacy, and enforcement actions.

We also advise clients on public policy advocacy and reporting involving national and international developments, including initiatives of the National Association of Insurance Commissioners (NAIC), the National Conference of Insurance Legislators (NCOIL), and the International Association of Insurance Supervisors (IAIS). Our team, working in concert with our other locations, provides a broad range of resources and services for clients navigating the insurance regulatory environment.

Industry Segment Experience

Property & Casualty Insurance

We handle transactional, regulatory, and enforcement matters on behalf of property and casualty insurance companies, broker organizations and agents, MGAs, premium finance companies, and other insurance entities. We also provide legal counsel regarding legislative developments affecting the industry, national regulatory policy, strategic planning, mergers and acquisitions, and litigation support, and manage multistate legal teams to help achieve regulatory approvals for national and regional initiatives.

Captive Insurance Companies

The team advises clients on methods of structuring captive insurance companies to address the desire to partially or totally self-insure or reinsure business risks. We also assist with domestic and offshore formations, and provide ongoing representation, including annual tax planning and tax reporting support required to maintain compliance.

Life Insurance

We represent life insurance companies nationally on regulatory and compliance issues including product issues, new state regulatory initiatives, advertising and marketing compliance, state treasurer audits, and insurance department examination issues.

Health Insurance & Government-Funded Health Coverage

Greenberg Traurig guides clients through applicable regulatory, licensure, certificate of need, certification, and accreditation processes at the federal and state levels. We work on the formation, acquisition, and merger of insurers and HMOs, including transaction structuring, insurance holding company matters, and regulatory approvals. We represent insurers and HMOs on compliance matters involving payment of claims, utilization review, risk-sharing, delegation, provider contracting, Medicaid, Medicare, SCHIP, reimbursement, compliance, fraud and abuse, and provider issues.

Reinsurers & Surplus Lines

The team provides tailored legal services designed to meet the complex needs of reinsurers and surplus lines insurers in their formation and licensure, and credit and solvency requirements. We advise on transactions and disputes involving regulation, governance and risk management, product development, reinsurance, and litigation, including liquidation and receivership matters involving counterparties.

Data Security & Privacy

Our Practice has experience with cybersecurity compliance issues facing insurance entities, including the regulatory requirements applicable before, during, and after a data breach. We are knowledgeable of HIPAA requirements, as well as the regulatory guidance issued by various federal agencies, such as the FTC and SEC, for insurance entities to safeguard consumers’ personal information. We also have experience with insurance cybersecurity requirements at the state level, including cybersecurity and enterprise risk management, consumer privacy, and related compliance obligations. Our established credibility with the insurance departments of all 50 states and the NAIC allow us to work with regulators during an investigation or examination of an insurance company or agency so that both the regulator and the regulated entity fully understand each other’s position, while also providing insight into the development of new rules for safeguarding company and consumer information.