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Underwriting

Woodruff Sawyer

Will More Regulatory Clarity Mean Better Insurance Outcomes for the Crypto Industry?

Woodruff Sawyer on

The cryptocurrency industry has been around for about 15 years. For much of that time, insurance carriers have found it difficult—sometimes unpalatable—to provide well-tailored insurance to crypto companies. ...more

Zelle  LLP

Rescission: Timing Matters Under Texas Law

Zelle LLP on

As discussed in an article Zelle drafted in November 2023, "Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas", an insurer that wishes to rescind an insurance policy on the basis...more

McGlinchey Stafford

Podcast: Deep Dive into Unsecured Lending [More with McGlinchey, Ep. 79]

McGlinchey Stafford on

The next episode in McGlinchey’s Deep Dive into Lending series takes a close look at unsecured lending with insights from Aaron Kouhoupt and Adam Maarec. They discuss innovations in loan applications, underwriting, and...more

DLA Piper

State Action Targets Use of Biased AI Underwriting Models: Key Points

DLA Piper on

On July 10, 2025, the Massachusetts Attorney General announced a $2.5 million settlement with Earnest Operations, a student loan company, for allegedly failing to mitigate risks of disparate harms to Black, Hispanic, and...more

Frost Brown Todd

Disparate Impact Discrimination in AI Underwriting Alleged Against Student Loan Company

Frost Brown Todd on

On July 10, 2025, the Massachusetts Attorney General’s Office (AGO) reached a $2.5 million settlement with a private student loan company to resolve allegations that its lending practices violated various consumer protection...more

WaterStreet Company

2025 Trends in P&C Insurance: Technology, Competition and Innovation

WaterStreet Company on

The U.S. P&C insurance industry is in the midst of profound transformation in 2025, driven largely by rapid technological advancement and evolving risk dynamics. According to Kelly King, a seasoned expert with over 30 years...more

Woodruff Sawyer

RWI for Small Deals: A Strategic Shift in Product Design

Woodruff Sawyer on

The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller...more

Hudson Cook, LLP

No AI Law? No Problem. How Massachusetts Attacked AI Underwriting Under Existing State Statutes

Hudson Cook, LLP on

On July 10, 2025, the Massachusetts Attorney General (AGO) entered into an Assurance of Discontinuance (AOD) with a private student loan lender (the Company), resolving allegations that the Company's underwriting practices...more

Sheppard Mullin Richter & Hampton LLP

HUD Requests Public Input on Buy Now Pay Later Loans and FHA Mortgage Eligibility

On June 24, the Department of Housing and Urban Development (HUD) issued a Request for Information (RFI) to evaluate how Buy Now Pay Later (BNPL) loans may affect FHA-insured mortgage underwriting. The RFI seeks comment on...more

Zelle  LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

Zelle LLP on

During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

WaterStreet Company

2025 Wildfire Trends for P&C Insurance

WaterStreet Company on

The 2025 wildfire season has reached above-average activity across the United States with over 26,500 wildfires within the first 5 months of the year. For P&C insurance experts, the scope and implications of these wildfires...more

Benesch

Insurance Industry Adjusts to Trade Wars

Benesch on

The White House has kicked off what appears to be a global trade war. The near-term net effect is the growing reality that we are entering a higher-cost operating environment for most industries. Volatility is always a...more

Frost Brown Todd

Sale-Leaseback Due Diligence Considerations

Frost Brown Todd on

This is the fourth installment in our series on sale-leaseback transactions, a real estate financing mechanism growing in popularity. For a recap, check out part one on sale-leaseback fundamentals, part two on reverse...more

Miles & Stockbridge P.C.

Fannie Mae Releases New Title, Closing Requirements for Multifamily Mortgage Loans

Continuing a focus on knowing your clients and fraud, Fannie Mae released last week Title and Closing Requirements for Multifamily Mortgage Loans Form 4650, a comprehensive update that will impact how you set up future...more

WaterStreet Company

Policy Administration: How to Manage the Policy Life Cycle

WaterStreet Company on

Carriers around the country today are seeking more efficient ways to manage policies. This allows for greater cost savings and higher customer satisfaction....more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2025

The Federal Reserve has announced multiple decisions to rescind existing requirements for crypto-asset activities. The April 24 announcement included the rescission of a 2022 supervisory letter that required state member...more

Otten Johnson Robinson Neff + Ragonetti PC

Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurer’s diligence...more

Cooley LLP

Final Changes: The Upsizing or Downsizing Handbook

Cooley LLP on

Pricing day is a huge milestone in the initial public offering (IPO) journey. It is the culmination of months of preparation and drafting and being out on the road talking to investors. Before you hit the road, you’ll have...more

Miles & Stockbridge P.C.

What You Need to Know About Freddie Mac’s Recent Update

Freddie Mac published last Thursday an update to the Freddie Mac Guide, which included a discussion of various underwriting, fraud detection and loan document changes. Here's what you need to know...more

Woodruff Sawyer

R&W Insurance: What to Know About Sell-Side Policies

Woodruff Sawyer on

We’ve recently received a handful of inquiries regarding the placement of sell-side reps and warranties insurance (RWI) policies. Given the relative rarity of these policies compared to their buy-side counterparts, we felt a...more

Lowenstein Sandler LLP

D&O Insurance and the Regulatory Environment in Trump 2.0 Administration (Part I)

Lowenstein Sandler LLP on

In the first of two episodes, Lynda A. Bennett talks with Matt Sabino and John McKenna, managing partners at ARC Excess and Surplus; Justin Kudler, senior vice president and senior claims counsel for ARC Excess and Surplus,...more

Woodruff Sawyer

​​Commercial Auto Liability Insurance: Ensuring Coverage in a Hard Market​

Woodruff Sawyer on

The auto insurance industry faces significant hurdles. As businesses grapple with rising costs and evolving risks, two key factors are reshaping the claims environment: social inflation and third-party litigation financing....more

K&L Gates LLP

RWI in Health Care M&A: Part 2

K&L Gates LLP on

In part two of this two-part series, Matt Miller and Andrew Lloyd analyze represenmarket.tations and warranties insurance (RWI) in the health care M&A -2landscape. They discuss the process of finding and securing an...more

Bradley Arant Boult Cummings LLP

Potential Impact of FHA’s Revised Defect Taxonomy on Mortgage Originators and Servicers

On January 7, 2025, the Federal Housing Administration (FHA) officially revised its Defect Taxonomy (Final Defect Taxonomy) with the publication of Mortgagee Letter (ML) 2025-01 and the related attachment detailing those...more

Pillsbury - Policyholder Pulse blog

Contra Proferentem: Can Insureds Be Forced to Waive Its Protection?

Contra proferentem is a foundational legal principle with particular importance in insurance law. It mandates that any ambiguities in an insurance policy are construed against the insurer and in favor of the insured. The...more

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