You have now raised capital initially using a Convertible Promissory Note and soon, your Series A Preferred Stock; you now have a Board of Directors with three members – and there may be five including one or more Independent Directors; you are further expanding your management team – and have established an Option Plan under which you can issue both ISOs and NQSO.
Read More What Every InsurTech Should Know About Accountants

On March 12, 2019, Nebraska joined the small but growing number of states to adopt “domestic” ‎surplus lines legislation. Illinois was the first state to adopt domestic surplus lines legislation in ‎‎1998 but the trend only gained traction over the last few years.‎…
Read More LL Surplus Lines Series (Entry 4): Nebraska Becomes Latest State to Adopt Domestic Surplus Lines Legislation

On March 20, 2019, the Joint Committee on Government Administration and Elections (the “Joint Committee”) introduced An Act Concerning Consumer Privacy, Raised Bill No. 1108.  The Bill is essentially a reprinting of the original version of the California Consumer Privacy Act (the “CCPA”), and does not capture amendments that…
Read More CCPA Proliferation: Connecticut and other states propose to follow California’s lead on ‎Consumer Privacy

Montana amended its insurance code to revise certain definitions and update certain provisions relating to surplus lines insurance effective March 7, 2019; the amendments can be found here.  Section 33-2-301(3)(t)(i) of the Montana insurance code amended its definition of “surplus lines insurance” to include inland marine insurance.
Read More LL Surplus Lines Series (Entry 3): Revisions to Montana’s Surplus Lines Laws

You are executing on your strategic plan; you have a fully developed product; you have ‎expanded your team; you have deployed ALL the proceeds from your initial Convertible Notes; ‎and you need additional capital to further scale the Entity.‎…
Read More What Every InsurTech Entrepreneur Should Anticipate in Issuing Series A Preferred Stock

The Financial Stability Oversight Council Improvement Act of 2019 (the “Act”) was recently introduced in the United States Senate. Under existing law, the Financial Stability Oversight Council (“FSOC”) can subject certain nonbanks designated as systemically important financial institutions (“SIFIs”) to significant supervision by under Federal Reserve. Under the Act, FSOC would be required to explore alternative approaches before designating nonbanks as SIFIs. The Act, which is supported by members of both major parties, does not reduce FSOC’s emergency designations authority, but rather encourages FSOC to find potential alternatives to SIFI designations, and the significant regulatory and administrative responsibilities that come with the SIFI designation.
Read More Senate Bill Proposes to Revise FSOC Designation Process

One of the hallmarks of surplus lines regulation throughout the United States is the “diligent search” requirement whereby the surplus lines broker (or retail producer) must attempt to place insurance coverage in the admitted market before exporting such coverage to an eligible, unauthorized surplus lines insurer.
Read More LL Surplus Lines Series (Entry 2): New York to Consider Elimination of Diligent Search Requirement for Certain Commercial Policies