Effective July 1, 2022, House Bill 5506 (the “Bill”) amends various provisions of Connecticut’s ‎captive insurance laws. Notably, the Bill lowers the capital and surplus requirements for various ‎types of captive insurers.
Read More Connecticut Modifies Its Captive Insurance Laws

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

Issues to Watch

  1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir. May 19, 2022). This case involves a claim to replace a leaky roof. The insured claimed that the roof leaks were caused by a hailstorm, but the insurer determined that the leaks were due to uncovered causes, including wear and tear along with damage from prior hailstorms.

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Read More May 2022 Property Insurance Law Updates

We are happy to provide the 2022 edition of our Excess and Surplus Lines Law Manual. This edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year.
Read More Excess and Surplus Lines Law Manual 2022 Update

Locke Lord’s Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.
Read More Privacy & Cybersecurity Newsletter – Spring 2022

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

The Illinois House of Representatives has passed a new bill, HB 5534, entitled the Insurance ‎Business Transfer Act (the “IL IBT Act”), to address the current significant limitations that are in ‎place concerning the sale and transfer of blocks of insurance.‎…
Read More Illinois House of Representatives Passes Insurance Business Transfer Act