Federal Legislative Developments

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This week, the 21st Century Flood Reform Act (H.R. 2874) passed the House of Representatives and is now headed to the Senate. H.R. 2874 would renew the National Flood Insurance Program (“NFIP”) for an additional 5 years beyond its existing termination date. NFIP was originally enacted to provide…
Read More National Flood Insurance Program Gets One Step Closer to Renewal

On October 25, 2017, the White House issued its previously-rumored Presidential Memorandum (“Memorandum”) calling for the establishment of a UAS Integration Pilot Program (“Program”) to test the further integration of Unmanned Aircraft Systems (“UAS” or “drones”) into the national airspace system (“NAS”) in a select number of State, local and…
Read More White House Issues Memorandum Announcing UAS/Drone Integration Pilot Program

One of the major issues facing the commercial drone industry is the lack of certainty in the regulatory environment.  Multiple state and local municipalities have passed drone related laws and ordinances, but as the recent decision in Singer v. City of Newton, Case No. 1:17-CV-10071-WGY demonstrates, any such ordinances…
Read More White House Exploring Model Program for Shared Federal and State Regulation of Drone Operations

On October 12, 2017, President Donald Trump signed an Executive Order “to reform the United States healthcare system to take the first steps to expand choices and alternatives to Obamacare plans and increase competition to bring down costs for consumers.”  The Executive Order directs the Secretary of Labor…
Read More Trump Administration Issues Executive Order Regarding Health Coverage and Discontinues Cost-Sharing Reductions Payments

The Financial CHOICE Act 2.0 released by Rep. Jeb Hensarling (R-Texas) on April 19, 2017 (“Act”) would have a significant impact on the extent to which the federal government regulates insurance. First and foremost, the Act would repeal the Federal Insurance Office and replace it with a bureau of the…
Read More Impact of the Financial CHOICE Act 2.0 on the Insurance Industry

In the early days of President Trump presidency, it has become increasingly likely that the Dodd–Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will be revisited by the Republican Congress and administration. President Trump was quoted on January 30th as referring to Dodd-Frank as a “disaster” and insisting that…
Read More Dodd-Frank and the Future of Federal Insurance Regulation

This week, the U.S. Department of the Treasury (“Treasury”) promulgated additional rules affecting the Terrorism Risk Insurance Act (“TRIA”), which had been recently reauthorized in late 2015 (the “Rules”). Of particular note is that, in accordance with the recent reauthorization, Treasury is obligated to collect data on the terrorism market…
Read More U.S. Department of Treasury Issues New TRIA Rules

This week, the National Association of Insurance Commissioners (“NAIC”) provided an update on its TRIA data call initiative (the “Data Call”). As we previously reported here, the NAIC has been in discussions, separate and apart from the Federal Insurance Office, to initiate its own Data Call to better understand…
Read More TRIA Update: NAIC Data Call Imminent

This month, the Federal Insurance Office (“FIO”) issued its “Report on the Overall Effectiveness of the Terrorism Risk Insurance Program” (the “Report”, found here), required by the latest reauthorization of the Terrorism Risk Insurance Act (“TRIA”) in 2015. The Report found that insurers have collected over $24 billion in…

Read More TRIA Update: Insurers May Be Asked to Segregate TRIA Premium

As we have previously reported here, the United States National Flood Insurance Program (“NFIP”) is set to expire in September 2017, at which point surplus lines insurers may find themselves with an opportunity to fill a rapidly-evolving market. The NFIP was enacted in 1968 to offer flood insurance to…

Read More Surplus Lines Developments: Potential Legislation May Open U.S. Flood Market to Surplus Lines Insurers