Regulatory Landscape

In 2026, the NAIC Life Insurance and Annuities (A) Committee, chaired by Iowa and vice chaired by Michigan, is largely focusing on annuity sales practices, including annuity buyers guides, suitability, and annuity illustrations. Of particular interest to the life and annuity industry is the formation of the Life Insurance and Annuities Illustrations (A) Working Group (Working Group) chaired by Minnesota. The Working Group’s current charge is to “evaluate concepts for improving life insurance and annuity illustrations and disclosures, and consider revisions to relevant NAIC models or develop other guidance where feasible and appropriate.” The Working Group has asked for input on how to ensure that indexed annuity illustrations give consumers reasonable expectations, after regulators observed materials suggesting annual returns of 10–25% for multiple years. The comment record — including responses from industry trades, actuarial bodies, consumer advocates, and vendors — strongly suggests that current practices around indexed annuity illustrations and disclosures will be revisited. The Working Group is considering short-term and long-term approaches designed to ensure consumers receive reasonable expectations for indexed annuity returns at the point of sale.Read More NAIC Signals Potential Tightening of Annuity Illustration Practices

On March 4, 2026, the Florida Senate approved Senate Bill 1028 (SB 1028), introduced by Senator Joe Gruters, which would establish both an admitted and a surplus lines clearinghouse for Citizens Property Insurance commercial policies. SB 1028, and its companion House Bill 943, were introduced on December 30, 2025, and have quickly made their way through both houses of the legislature. The Florida Legislature created Citizens Property Insurance Corporation (Citizens), a nonprofit windstorm and general property insurer of last resort, in 2002.[1]Read More Florida Clears the Way for Commercial Surplus Lines Placements

Key Point: Under the revised NYDFS Cybersecurity Regulation, covered entities must implement and enforce MFA for all access to all information systems — not just adopt MFA tools — and carefully document any CISO-approved compensating controls. Given the November 1, 2025 effective date of the new, expanded MFA requirement, and the annual certification of compliance for 2025 due April 15, 2026, now is the time for covered entities to review carefully their compliance in view of the NYDFS interpretations and guidance.Read More NY DFS Hosts Webinar on MFA Requirements

In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or pre-recorded voice messages. Instead, the court concluded that the TCPA requires only “prior express consent,” which may be provided orally or in writing.Read More Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls

Over the past year, federal and state courts across the U.S. have continued to reshape the landscape of professional liability insurance. From high-stakes coverage battles to nuanced interpretations of policy language, 2025 delivered a breadth of notable decisions addressing a wide variety of coverage issues that every insurer, broker, risk manager, and coverage practitioner needs to understand. In this report, we focus on topics we believe will remain important in the professional liability insurance field and hope you find the following selection of cases both informative and helpful.Read More Notable Professional Liability Insurance Decisions of 2025

On February 9, 2026, the House of Representatives, in a bipartisan vote, approved H.R. 3682. This bill would place additional guardrails on the Financial Stability Oversight Council (FSOC) in designating insurance companies as systemically important financial institutions (SIFI). The FSOC was established in the aftermath of the 2008 financial crisis, to identify risks to financial stability, promote market discipline, and respond to emerging threats to financial stability. A key authority of the FSOC is its ability to designate nonbank financial institutions as SIFIs.Read More Bill to Limit Classification of Insurers as ‘Systemically Important’ Receives Bipartisan Approval by the House

We are pleased to invite you to our next edition of the InsurTech Legal Academy to address the use of captive insurance and reinsurance companies by InsurTechs. We are pleased to have Brady Young, Chief Executive Officer, Strategic Risk Solutions, the world’s largest independent captive manager with offices in multiple countries, joining us on this panel discussion. Captive insurance financing is important yet involves complex issues and careful consideration of those.

We hope you can join us.Read More Join Us for Our Next InsurTech Legal Academy Webinar: Captive Insurance Companies for InsurTechs