United States: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.
Article
False Advertising And Unfair Business Practices Exclusion Bars Coverage For Enforcement Action Against Insured Merchant Cash Advance Company
The United States District Court for the District of New Jersey, applying New Jersey law, held that a D&O policy’s false advertising and unfair business practices exclusion barred coverage for an enforcement action alleging that a merchant cash advance company engaged in illegal lending and marketing practices. Yellowstone Capital LLC v. Argonaut Insurance Co., 2026 WL 2321647 (D.N.J. Aug. 11, 2026).
United States Insurance
WR
Wiley Rein
Article
Departments Finalize Transparency In Coverage Rules: What Health Plans And Issuers Need To Know
The Trump administration has finalized sweeping changes to healthcare price transparency rules, requiring health plans and insurers to standardize machine-readable pricing files, attest to data accuracy through executive certification, and provide consumers with personalized cost information by phone. These regulations, effective December 2026 through July 2028...
United States Healthcare
M
Mintz
Article
First Circuit Holds Related Claims Provision Bars Coverage For Later Discrimination Suit
The United States Court of Appeals for the First Circuit, applying New Hampshire law, held that a Related Claims provision in an employment practices liability policy barred coverage for an employment discrimination lawsuit because an administrative complaint was first made before the Policy Period. Urena v. Travelers Casualty & Sur. Co. of Am., 2026 WL 2322160 (1st Cir. Aug. 11, 2026). The court found that the Related Claims provision in the policy’s General Terms and Conditions applied to EPL claims.
United States Insurance
WR
Wiley Rein
Article
Agents Of Change: Amendments To Washington State Insurance Regulations Take Effect October 18
Washington's Insurance Commissioner has announced significant amendments to insurance claims handling regulations that will reshape how insurers investigate and process claims in the state. The changes, effective October 2026, introduce new requirements for mitigation approvals, investigation standards, and claimant communications that could substantially impact insurer operations and liability exposure. These regulatory updates come in response to a surge in consumer complaints and litigation, establishing
United States Insurance
BS
Ballard Spahr LLP
Article
Title Nerds Season 5, Episode 3 (Podcast)
Title insurance professionals and real estate attorneys face complex challenges when mortgage and wire fraud intersect with their transactions. How should practitioners navigate the delicate balance between reporting fraud to authorities, protecting their clients' interests, and attempting to recover lost funds? What legal considerations arise when boundary disputes escalate from simple property line disagreements to contentious litigation?
United States Criminal
RD
Riker Danzig LLP
Article
The Regulatory Landscape Of Antarctic Cruising: What Operators Must Navigate
Antarctic expedition cruise operators navigate a complex web of international treaties, maritime regulations, and voluntary industry standards that govern operations in one of the world's most remote destinations. As tourism to Antarctica reaches record levels, understanding the interplay between the Antarctic Treaty System, IMO Polar Code, flag-state requirements, and IAATO guidelines becomes essential for compliance, liability management, and operational success.
United States International
HK
Holland & Knight
Article
Suit Alleges Anthem Withheld $30 Million In No Surprises Act Awards
PHI Health LLC has filed suit against Anthem, alleging that the insurer and health plans it administers have failed to pay about $30 million in final payment determinations issued under the No Surprises Act (NSA)’s independent dispute resolution (IDR) process. The suit, which PHI filed in an Indiana federal district court, seeks over $1.3 million in interest on the payments that Anthem is accused of withholding.
United States Healthcare
HB
Hall Benefits Law
Article
No Surprises Act: Developments In Litigation And Federal Reporting, Upcoming Operational Changes
The federal No Surprises Act continues to evolve through significant litigation outcomes, new regulatory guidance, and operational changes affecting healthcare providers, insurers, and arbitration entities. Recent developments include a Fifth Circuit ruling on qualifying payment amount calculations, congressional scrutiny of independent dispute resolution entities, and upcoming transitions to a centralized IDR Gateway platform that will fundamentally change how payment disputes are managed and resolved.
United States Litigation
SR
McDermott Will & Schulte
Article
Like It Or Not, WUCOIA Is Coming…(Part 1 – Insurance)
Washington State's WUCIOA will fundamentally transform insurance requirements for condominium and homeowners' associations starting January 1, 2028. Community associations will face new mandates including walls-in coverage, commercial general liability insurance, and fidelity insurance, representing significant departures from current statutory schemes. Understanding these changes and updating governing documents now may be critical to avoiding confusion about rights and responsibilities under the new law.
United States Insurance
BB
Beresford Booth
Article
Can A Title Insurer Avoid All Obligations And Liability By Paying Its Insured Policy Limits?
A recent Ninth Circuit opinion challenges the long-standing practice of title insurers terminating their obligations by simply paying policy limits, potentially exposing them to bad faith liability even when exercising contractual options. The case examines whether title insurance companies can prioritize their economic interests over their insureds' need for legal defense without facing extracontractual claims.
United States Insurance
BB
Beresford Booth
Article
Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance
The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin
United States Insurance
AB
Alston & Bird
Article
Fifth Circuit Strikes Down Key Rules Governing The No Surprises Act
The Fifth Circuit's en banc ruling on the No Surprises Act challenges federal agencies' methodology for calculating provider reimbursement rates, specifically addressing the controversial inclusion of "ghost rates" and exclusion of bonus payments in determining the qualifying payment amount. This landmark decision will reshape how insurers calculate reimbursement rates for out-of-network claims and significantly impact negotiations between healthcare providers and insurance companies.
United States Healthcare
BT
Barnes & Thornburg LLP
Video
A Deep Dive On Insurance Brokerage M&A (Podcast)
Skadden attorneys examine the unique legal considerations in insurance brokerage M&A transactions, exploring how deal structures must be carefully crafted to protect value in a people-driven business where client relationships and key personnel are paramount. The discussion covers earn-outs, reinvestment mechanics, restrictive covenants, and bespoke warranty packages tailored to the distinctive nature of brokerage deals.
United States Insurance
SA
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Article
Duration Is Not Destiny: The NAIC's Proposal For Multi-Collateral Structured Credit Investments
The NAIC has proposed significant revisions to statutory accounting principles that would restrict bond treatment for multi-collateral structured credit investments deemed to carry "significant embedded asset-liability management risk." This analysis examines the regulatory concerns driving the proposal, evaluates whether the proposed framework appropriately addresses those concerns, and identifies potential unintended consequences for insurance company investors and the broader structured credit markets.
United States Finance
D
Dechert
Article
Trending In Telehealth: July 2026
State legislatures and regulatory bodies are reshaping the telehealth landscape through new laws addressing reimbursement parity, remote patient monitoring coverage, controlled substance prescribing, and clinical supervision standards. These July developments reveal how policymakers are balancing expanded access to virtual care with targeted safeguards and compliance requirements that affect healthcare providers, digital health companies, and technology platforms across multiple jurisdictions.
United States Healthcare
SR
McDermott Will & Schulte
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