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James R. Potts

Chair, Insurance Corporate & Regulatory
P (215) 665-2748

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      Insurance Corporate & Regulatory

      Insurance and risk management is an enormous global industry. To operate effectively in today’s marketplace, industry members must respond quickly and decisively to continual change in the complex regulatory framework. They must also cope with increasingly tough competition as all major insurers look for new ways to respond to economic contraction and industry consolidation. To succeed, players need corporate counsel with a deep understanding of the history and future of the insurance business.  

      Cozen O’Connor has been a powerful advocate on behalf of the industry for more than 40 years. Our attorneys represent all segments of the industry, including property and casualty, life, health, surety, title, and financial guaranty companies; HMOs and health plan corporations; excess and surplus lines insurers; reinsurers; life settlement companies; agents and brokers; adjusters; and various regulatory agencies.

      We provide practical strategic advice concerning regulatory compliance, corporate governance, major corporate transactions, and business organization. We do not simply provide a technical review of initiatives and transactions. We act as trusted partners to our insurance clients, helping them implement efficient compliance solutions, create new products and programs, grow their businesses, complete major financings and acquisitions, and provide faster and more streamlined service to policyholders.

      Cozen O’Connor’s corporate and regulatory practice consists of attorneys who have been industry leaders for decades. It includes a former state insurance commissioner and attorneys who have worked as in-house counsel for insurance companies. Our attorneys currently serve, or have previously served, on the boards of insurance companies and insurance industry organizations and regularly present and publish articles on emerging issues in order to keep clients keep abreast of new developments.

      One of the benefits of having such veteran corporate practitioners is that Cozen O’Connor is able to represent insurance companies at every stage in the corporate life cycle. We have extensive experience guiding insurers through formation, corporate organization, capital raising, reinsurance, product development, and the creation of distribution strategies. For established businesses, we provide counsel on mergers and acquisitions, broker and agent relations, compliance, and product and service innovation. We also offer a steady hand when insurers face potentially destabilizing challenges in the form of government investigations or insolvency. From start to finish, our team finds innovative business solutions for the insurance industry.

       

      SERVICE AREAS

      • Advise on corporate reorganization, including acquisitions, divestitures, and mergers; domestications and redomestications; demutualizations; purchases/sales of assets and books of business; restructurings and withdrawals from lines of business; and creation of new entities, including holding company structures
      • Counsel clients about regulatory compliance, market surveillance, advertising, statutory reporting, investment restrictions, holding company requirements, premium tax, surplus notes, premium financing, statutory deposits, and antitrust/McCarren-Ferguson matters
      • Handle corporate financial transactions, including initial and subsequent public offerings, private placements, credit facilities, and stock-to-mutual conversions
      • Assist financially distressed insurers in matters involving releases of collateral, cut-through and set-off provisions, and acquisitions/divestitures
      • Represent clients before insurance regulators in examinations, licensing inquiries, investigations, and administrative hearings, including with respect to product or rate disapprovals
      • Advise clients on alternative risk mechanisms, including offshore and domestic captives, risk retention groups, and self-insurance plans
      • Draft corporate governance policies, registrations, insurance contracts, collateral agreements, reinsurance agreements, and assumption agreements
      • Assist clients in responding to data calls and regulatory inquiries and filings under the Insurance Holding Company Act
      • Conduct internal investigations and due diligence

      Experience

      Engaged by an insurance regulator to assist in an examination of large group of insurance companies


      Assisted insurers and producers with new product initiatives


      Assisted insurers and producers with compliance issues and problems


      Represented one of the world's largest insurance companies in a regulatory dispute adverse to the Washington Insurance Commissioner.


      Attorneys

      Linda Kaiser Conley Member Philadelphia (215) 665-2099
      Meredith E. Dishaw Associate Seattle (206) 224-1261
      J.C. Ditzler Chair, London Market London +44 (0)20 7864 2005
      A. Kenneth Levine Member West Palm Beach (561) 515-5256
      James R. Potts Chair, Insurance Corporate & Regulatory Philadelphia (215) 665-2748
      Mark A. Rabinowitz Member Chicago (312) 382-3150
      Angelo G. Savino Member New York (212) 908-1248
      Robert Tomilson Member Philadelphia (215) 665-5587

      Publications


      Recent Amendments to the Pennsylvania Insurance Holding Company Act: New Enterprise Risk Report [Insurance Corporate and Regulatory Alert]

      August 29, 2012

      MORE


      Recent Amendments to the Pennsylvania Insurance Holding Company Act: Changes Affecting Corporate Governance and Intercompany Transactions and Agreements [Insurance Corporate and Regulatory Alert]

      August 27, 2012

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      Recent Amendments to the Pennsylvania Insurance Holding Company Act Changes Affecting Controlling Persons [Insurance Corporate and Regulatory Alert]

      August 09, 2012

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      Preemption of State Insurance Laws for Risk Retention Groups: Proposals for Regulatory Clarity [Insurance Corporate & Regulatory Alert!]

      August 15, 2011

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      State of Connecticut and Guy Carpenter Settle Landmark Antitrust Case for $4.25M: What's Next for the Reinsurance Industry? [Antitrust Alert!]

      February 25, 2011

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      RECENT DEVELOPMENTS IN EXCESS INSURANCE, SURPLUS LINES INSURANCE, AND REINSURANCE LAW [Tort Trial & Insurance Practice Law Journal, Winter 2010]

      November 01, 2010

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      Pennsylvania Insurance Department Issues Exemption from Filing/Prior Approval Requirements for Policy Forms Revised Only to Comply with PPACA Immediate Market Reform Requirements [Insurance Corporate and Regulatory Alert!]

      August 05, 2010

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      Strings Attached [BEST'S REVIEW]

      June 01, 2010

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      'What’s Good for GM’ Is Trouble for Others [Best's Review]

      October 01, 2009

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      New York Insurance Department Issues Draft Regulation Requiring Disclosure of Producer Compensation [Insurance Corporate and Regulatory Alert!]

      February 09, 2009

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      Amendment to New York Reinsurance Regulation May Prevent Arbitration Between Ceding Companies and Their Unauthorized Reinsurers [Insurance Corporate and Regulatory Alert!]

      February 03, 2009

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      New York Insurance Department Issues Opinion On Treatment Of Collateral Held By An Insurer In Liquidation Or Rehabilitation [Insurance Corporate and Regulatory Alert!]

      February 02, 2009

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      Eye on Regulation [BEST'S REVIEW]

      February 01, 2009

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      Congressman Ask Geithner For Insurance Oversight [Law 360]

      January 23, 2009

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      New York Insurance Department Regulatory Actions [Insurance Corporate and Regulatory Alert!]

      November 24, 2008

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      Fall 2008 [Insurance Corporate and Regulatory Observer]

      November 01, 2008

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      In A Major Policy Shift, New York Places The Burden On Insurers To Prove Prejudice When A Claim Notice By An Insured Is Late [Insurance Corporate & Regulatory Alert !]

      July 28, 2008

      MORE

      Events & Seminars

      Cybersecurity: Protecting Sensitive Information Philadelphia, PA 10/23/2012
      "A Vew From All Sides" Philadelphia, PA 09/20/2012
      Philly I-Day 2012: “Finding Advantage in a World of Change” Philadelphia, PA 03/22/2012
      ABA Law Student Division 3rd Circuit Spring Meeting. Philadelphia, PA 03/03/2012
      15th Annual Insurance Institute Philadelphia, PA 04/07/2011
      ARC Annual Congress London, England 02/23/2011
      The Insurance Society of Philadelphia - Risks in a Recession: Insurance, Claims and Risk Management Issues 06/09/2009
      Reinsurance Agreements New York, NY 04/28/2008

      In The News

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      Related Practice Areas

      Insurance

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