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PRACTICE AREAS

Insurance Coverage & Compliance
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Eckert Seamans is uniquely qualified to provide a comprehensive range of legal services to the insurance industry nationwide through the attorneys in its Insurance Coverage & Business Compliance Department.

These attorneys collectively have accumulated a substantial amount of varied experience in private practice and government, and have furnished insurance business and regulatory compliance services to insurance companies that underwrite property, casualty, life, health and credit insurance products, and fraternal benefit societies.  This experience is particularly important in today's atmosphere of increasing regulation and governmental scrutiny of the industry.  The firm's Insurance Business & Compliance attorneys, with support from other practice groups, provide services relating to the following matters:

Insurance Regulatory

  • State enforcement and other administrative actions
  • Market conduct and other regulatory compliance evaluation and advisement
  • Company licensing and redomestication services
  • Compliance with privacy requirements of the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, and state laws
  • Develop and implement privacy compliance programs for agents, agencies and insurers
  • Claim practices, advisement and evaluation
  • Debt and equity offerings structuring arrangements
  • Procurement and maintenance of licenses for managed care entities, including HMOs and PPOs
  • Agent and agency licensing

Offshore Captive Insurance Companies

  • Design, structure and obtain licenses for offshore captive insurance companies
  • Single-parent captives, group captives and rent-a-captives
  • Risk retention groups, workers' compensation pools and other special purpose vehicles
  • Provide counsel on other risk financing techniques

Product Development

  • Insurance product evaluation, drafting and development
  • Policy form filing and approval in all state insurance departments
  • Internet sales programs and electronic commerce transactions

Reinsurance

  • Reinsurance contracts evaluation, drafting and negotiation
  • Arbitration representation

Rehabilitation/Liquidation

  • Provide counsel regarding rehabilitations and liquidations of insurers and HMOs
  • Submission of proofs of claims and representation in rehabilitation and liquidation proceedings

Prearranged Funeral Programs

  • Develop and implement insurance-funded prearranged funeral programs
  • Develop and implement trust-funded prearranged funeral programs
  • Draft prearranged funeral goods and service contracts, assignments and other related documents
  • Compliance with state and federal laws regulating funeral directors, prearranged funeral agreements and insurance-funded prearrangements
  • Represent clients before regulators in connection with prearranged funeral programs

Litigation

  • Represent insurers and agents and third-party organizations in courts and administrative proceedings throughout the United States.

In addition, Insurance Business & Compliance Department attorneys, with the assistance of other attorneys in the firm, provide advice and counsel to the insurance industry regarding general operating practices and procedures, including employee relations, tax and accounting matters, marketing practices, mergers and acquisitions, reinsurance, corporate finance, contracting, authorized investments, litigation and general corporate work. 

The firm's Insurance Business & Compliance Department attorneys are based in Harrisburg, the capital of Pennsylvania and home to the Pennsylvania Insurance Department.  While the firm's attorneys have particular expertise related to Pennsylvania insurance business and compliance matters, the firm offers a nationwide insurance business and compliance practice.

The Insurance Business & Compliance Department attorneys also provide counsel on issues relating to the alternative risk transfer market.  The firm's attorneys assist clients with organization and operation of single-parent captives, insurance companies, group captives, rent-a-captives, risk retention groups and other alternative risk financing techniques.  Our attorneys have particular expertise in the establishment of offshore captives.

Eckert Seamans provides practical, results-oriented legal services needed by the insurance industry to grow and prosper amid an increasingly complex regulatory environment.  The firm has the lawyers and other resources to provide efficient and prompt service on routine matters as well as the most complicated transactions.  Today, more than ever, insurance business clients expect and need practical, knowledgeable and resourceful legal counsel.  Eckert Seamans meets that challenge.

Primary Contact(s)
Hamman Shakely, Heidi B.
Harrisburg, PA
Tungate, David E.
Pittsburgh, PA
View All Attorneys in Practice Area
Articles & Speeches
8/10/2006
Insurance Top 10
2/3/2004
Private Sector: Ensuring Insurance / With Insurance Industry Regulation A Reality, How Do Regulators Fit In?



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