On September 2, 2026, the Texas Department of Insurance (TDI) issued Commissioner’s Bulletin # B-0007-26 (the Bulletin), addressed to all insurance companies and their agents and representatives, regarding the use of price optimization in ratemaking and pricing. The Bulletin defines price optimization, identifies the statutory provisions it implicates, and states TDI’s position that any use of price optimization in the ratemaking or pricing process is unfairly discriminatory and violates the Texas Insurance Code.  

Read More Texas Takes Aim at Price Optimization in Insurance Ratemaking

CHICAGO – Baird Allis, former vice president and associate general counsel at Kemper Corporation, has rejoined Troutman Pepper Locke as a partner in the firm’s Insurance Transactional and Regulatory Practice Group in Chicago.

Read More Former Kemper Vice President and Associate General Counsel Baird Allis Rejoins Troutman Pepper Locke as Partner in Insurance Transactional and Regulatory Practice

On August 12, 2026, New Hampshire Insurance Commissioner David J. Bettencourt issued Bulletin Docket No. INS 26-052-AB (the Bulletin), directed to all “personal lines automobile insurers” operating in the state. The Bulletin addresses the New Hamshire Insurance Department’s (the NHID) interpretation and enforcement of N.H. Rev. Stat. Ann. § 417-A:5 as it relates to policy termination notices issued following an insured’s failure to make a renewal premium payment by its due date.

Read More New Hampshire Scrutinizes Personal Lines Auto Cancellations

On August 7, 2026, Governor Maura Healey signed into law Chapter 187 of the Acts of 2026 (the Act), formerly Senate Bill No. 785, titled “An Act Relative to Insurance Claims.” The new law, introduced by Senator Joan B. Lovely, amends two chapters of the Massachusetts General Laws, Chapter 175 and Chapter 176D, to prohibit insurers, including any non-admitted or surplus lines insurers, from including in a property and casualty policy any language that restricts an insured’s ability to hire a public insurance adjuster as a condition of recovery.

Read More Massachusetts Prohibits Insurer Restrictions on Public Adjuster Retention

On July 16, 2026, the U.S. Securities and Exchange Commission (SEC) proposed Regulation E-Delivery, a new rule that would expand the ability of issuers, broker-dealers, investment advisers, and others to use electronic delivery to satisfy information delivery requirements under the federal securities laws. The proposal would establish requirements and conditions under which required regulatory information could be delivered electronically without first obtaining the recipient’s affirmative consent, superseding the SEC’s decades-old, guidance-based e-delivery framework while preserving investors’ ability to receive paper delivery upon request.

Read More FUNDamental QuickStudy: SEC Proposes New E-Delivery Approach to Modernize Delivery of Regulatory Information
  • The California Supreme Court unanimously held in Fox Paine & Company, LLC v. Twin City Fire Insurance Company that insureds may seek declaratory relief against excess insurers before underlying insurance is exhausted, provided the loss is reasonably likely to reach the excess layer.
  • An insured may also, under
… Read More California Supreme Court Allows Declaratory Relief and Bad Faith Claims to Proceed Against Excess Insurers Before Underlying Exhaustion

On August 1, 2026, the Pennsylvania Insurance Department (the Department) published an updated export list in the Pennsylvania Bulletin (the Export List). Under section 1604(2)(ii) of The Insurance Company Law of 1921 (40 P.S. § 991.1604(2)(ii)), the Insurance Commissioner declares the coverages on the Export List to be “generally unavailable…

Read More Pennsylvania Adds Cannabis Operations and AI Coverages to Its Export List

On July 17, 2026, the State of Hawaii Department of Commerce and Consumer Affairs Insurance Division issued Memorandum 2026-5PC (the Memorandum) titled “Hawaii Pet Insurance” to “All Insurers Issuing Pet Insurance Products.” The Memorandum states that effective January 1, 2026, under Hawaii Act 79 (the Act), “pet insurance is now…

Read More Hawaii Insurance Division Reclassifies Pet Insurance as Property Insurance

Please join us on our next InsurTech Legal Academy webinar for key topics addressing what InsurTechs need to know about U.S. payment laws in the everchanging payment systems environment. This webinar will include an overview of federal and state laws governing payment systems and insurance-related transactions – including real-time payment rails, Regulation E, Regulation Z, Nacha, OFAC, anti-money laundering, insurance premium trust accounts, insurance premium financing, credit/debit card convenience fees or surcharges, and state money transmitter licensing requirements. Speakers will include members of Troutman Pepper Locke’s consumer finance and insurance regulatory teams.

Read More Join Us for Our Next InsurTech Legal Academy Webinar: Regulation of Payments for InsurTechs

Background: The TCPA’s Private Right of Action for Unwanted Calls

Congress enacted the TCPA in 1991 to address the proliferation of unwanted telephone solicitations. The statute defines “telephone solicitation” as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” 47 U.S.C. § 227(a)(4) (emphasis added).

Read More Seventh Circuit Rules Text Messages Are Not “Telephone Calls” Under TCPA § 227(c)(5) — A Circuit Split Emerges