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Earlier this month, United States Senator Sherrod Brown (D-OH), Chair of the Banking, ‎Housing, and Urban Affairs Committee, urged the Federal Insurance Office (FIO) and the ‎National Association of Insurance Commissioners (NAIC) to examine the increasing role of ‎private equity and alternative investment classes in the life insurance market as well as ‎offshore reinsurance. ‎…
Read More Senate Banking Committee Chair Urges FIO And the NAIC To Monitor Private Equity and Affiliated Offshore Reinsurance in the Life Insurance Industry

The Connecticut Insurance Department issued a revised Notice to All Entities and Persons Licensed by the Connecticut Insurance Department concerning the Usage of Big Data and Avoidance of Discriminatory Practices (available here).  The Notice, issued April 20, 2022, reminds “all entities and persons licensed by the Department that the Department continues to expect such entities and persons to use technology and Big Data in full compliance with anti-discrimination laws and have completed the [annual] data certification….”…
Read More Big Data for Insurers: Clarity about the New Connecticut Requirements

On June 17, 2022, the Texas Supreme Court released an opinion in Hegar v. Health Care Serv. Corp. (No. 21-0080) (Jun 17, 2022) regarding whether the Comptroller properly taxed an insurer based on premiums it received from sales of stop-loss insurance policies under Texas Insurance Code Chapters 222 and 257.
Read More Texas Supreme Court Reverses Stop Loss Insurance Categorization Premium Tax Ruling

Vermont Governor Scott signed the Vermont Insurance Data Security Law (available here) (the “VIDSL”), becoming the 21st state to adopt a cybersecurity statute based on the National Association of Insurance Commissioners Insurance Data Security Model Law (NAIC Model 668). …
Read More NAIC Insurance Data Security Model Law Update: Vermont Becomes 21st State

On April 19, 2022, the New York Department of Financial Services (“NY DFS”) issued ‎Insurance Circular Letter No. 5 (2022) (the “Letter”). The Letter, entitled “Acquisitions of ‎Control and Disclaimers of Control”, was addressed to all New York domiciled insurers and ‎other interested parties. The purpose of the Letter is to remind insurance industry participates of ‎the requirements outlined under New York Insurance Code (“NY Ins. Code”) § 1506, which ‎requires NY DFS approval in connection with a change of control of an insurer. ‎…
Read More NY DFS Issues Circular Letter Addressing Acquisitions and Disclaimers of Control

The NAIC adopted at its April 7 meeting the recommendations of its Climate Risk & Resiliency Task Force to revise its Climate Risk Disclosure Survey.  As we described in our Locke Lord QuickStudy: Insurers Hit with Two Climate Disclosure Developments on the Same Day, the revisions make the Survey consistent with the international Task Force on Climate-Related Financial Disclosures (TCFD) disclosure framework. …
Read More NAIC Adopts New Climate Risk Disclosure Standard for its Survey

On April 5, 2022, the Delaware Senate narrowly passed Senate Bill 231 (the “Bill”), which ‎would prohibit authorized insurers in Delaware from using gender, gender identity, or sex as a ‎rating factor in personal automobile insurance policies.
Read More Delaware Senate Passes Legislation That Would Ban the Use of Gender in Auto Insurance Premiums

On March 21, the Securities and Exchange Commission and the National Association of Insurance Commissioners both proposed significant revisions to climate disclosure rules. If adopted, these rules would require affected insurers to disclose climate-related risk assessments and management at the board and C-Suite level and, in some instances, Scope 3 greenhouse gas emissions.
Read More SEC and the NAIC Propose Significant New Climate Reporting Requirements