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Alaska Is First State to Adopt the NAIC ‎AI Model Bulletin by Issuing Bulletin B 24-01 ‎Governing ‎Licensed Insurers’ Use of AI

On February 1, 2024, Alaska became the first state to adopt the NAIC Model Bulletin on the Use of Artificial Intelligence Systems by Insurers by issuing a new Bulletin (“Bulletin B 24-01”). Bulletin B 24-01 is effective...more

NY DFS Jumps on the AI Bandwagon by ‎Issuing Proposed Guidance to ‎New York Licensed Insurers ‎Relating to Underwriting

On January 17, 2024, the New York Department of Financial Services (“NYDFS”) exposed for comment a proposed circular letter regarding “Use of Artificial Intelligence Systems and External Consumer Data and Information Sources...more

Artificial Intelligence Regulation in the ‎Insurance Industry – 2023 a Year in Review

2023 has been a very productive year for regulators advancing their efforts to understand new technologies and consider whether and how to regulate the rapidly developing technologies, including artificial intelligence,...more

Colorado Exposes Draft Life Insurance ‎AI Data Testing Regulations for Unfair ‎Discrimination

On September 27, 2023, the Colorado Division of Insurance (the “Division”) exposed a new proposed regulation entitled “Concerning Quantitative Testing of External Consumer Data and Information Sources, Algorithms, and...more

Colorado Insurance Division Adopts ‎Proposed Algorithm and Predictive Model Governance ‎‎Regulation

On September 21, 2023, the Colorado Insurance Division adopted Regulation 10-1-1 entitled “Governance and Risk Management Framework Requirements for Life Insurers’ Use of External Consumer Data and Information Sources,...more

Insurance Regulators ‎Continue to ‎Grapple With the Rapid Development ‎and ‎Use of Artificial ‎Intelligence

On August 13, 2023, insurance regulators and the insurance industry met in Seattle, Washington at the NAIC Summer Meeting and continued to address the challenges of monitoring and regulating the insurance industry’s use of...more

NAIC Exposes Draft Artificial ‎Intelligence Model Bulletin

On July 17, 2023, the NAIC released the Exposure Draft of the Model Bulletin on the Use of Algorithms, Predictive Models, and Artificial Intelligence Systems by Insurers. Written comments will be accepted by the NAIC through...more

Artificial Intelligence: The Expansion of ‎Growth Opportunities for Health Insurers and ‎Related ‎Regulatory Hurdles

The stories of artificial intelligence applications and ChatGPT are all over the news with daily reports of new uses and challenges. With the mind-boggling speed at which generative artificial intelligence is developing, it...more

Grappling With Increased Insurance ‎Regulatory Scrutiny of Pharmacy Benefit Managers

Insurance regulators and examiners (“Insurance Regulators”) are increasing their efforts to scrutinize pharmacy benefit managers (“PBMs”), including conducting examinations of their business operations and initiating...more

Illinois Establishes a New State-Based ‎Health Insurance Exchange Marketplace and New ‎Health ‎Insurance Rate Regulation

On June 27, 2023, Illinois enacted two new state insurance laws creating a new state-based health Insurance exchange marketplace (HB 579) and requiring health insurers to comply with rate regulation (HB 2296)....more

Potential Impact of the Silicon Valley ‎Bank Insolvency on the Insurance Industry

Financial institutions, including Insurers, are considering the potential impact of the Silicon Valley Bank’s (“SVB’s”) insolvency. SVB and its parent holding company have provided funding and debt financing to InsurTech...more

Protecting the Parties’ Rights Under ‎Qualified Financial Contracts and Netting Agreements ‎When an ‎Insurer Goes Into...

As the derivative exposure of U.S. insurers continues to increase and the industry increasingly engages in derivative transactions, including Qualified Financial Contracts (“QFCs”) and Netting Agreements (defined below), it...more

Take Aways From The NAIC Special Session On COVID-19 (Public Portion)

The National Association of Insurance Commissioners (“NAIC”) on Friday, March 20, 2020 held a Special Session on COVID-19. The session was broken into two parts: the first, open to the public call in the morning and second,...more

New Washington Statutory Financial Requirements for Providers of Service Contracts and Protection Product Guarantees Effective...

Washington H.B. 1001 was enacted on April 8, 2019, and will take effect on July 28, 2019.1 H.B. 1001 makes changes to Wash Rev. Code Chapter 48.110 governing service contracts and protection products guarantees which permit...more

Excess and Surplus Lines Laws in the United States

Preface States’ Implementation Of NRRA IN 2016 - The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The...more

TPA Exams: Are Insurers At Risk?

Regulatory Risk - Insurance regulators are increasingly investigating and examining (Regulatory Exams) third party administrators (TPAs). Are insurers doing business with TPAs at risk from these Regulatory Exams? ...more

Excess and Surplus Lines Laws in the United States: Including Direct Procurement Tax Laws and Industrial Insured Exemptions

Preface: States’ Implementation Of NRRA In 2014: The Nonadmitted and Reinsurance Reform Act (“NRRA”) came into effect on July 21, 2011 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The...more

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