Alert Edition May 2026

Welcome to the May 2026 edition of the FORC Alert. If you have any colleagues that may be interested in this publication, please forward it on. There is a link on the Alerts main page where they can subscribe to receive FORC Alerts automatically.

Regards,
C. Ignacio Matos, Esq., FORC Alert Co-Editor
Ryan Smart, Esq., FORC Alert Co-Editor
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Category(s): - 05/28/2026

CMS Opens Grant Applications for MAHA ELEVATE Lifestyle Medicine Model
“The Centers for Medicare & Medicaid Services unveiled that Make America Healthy Again: Enhancing Lifestyle and Evaluating Value-based Approaches Through Evidence, or MAHA ELEVATE, in December. Interested participants seeking grants under the model must have submitted a Letter of Intent by April 10, with the final application deadline set for May 15.” Click <a href="https://www.fiercehealthcare.com/regulatory/cms-unveils-new-model-aimed-functional-lifestyle-medicine" target="_child">here </a> to read the full article from Fierce Healthcare. 

Category(s): - 05/28/2026

FDA’s AI Device Regulations: Key Updates & Compliance Strategies for Medtech Success
“FDA has moved artificial intelligence (AI) in medical devices from an exploratory concept to operational expectations, finalizing a pathway to pre-approved algorithm updates (PCCPs), publishing comprehensive lifecycle guidance for AI-enabled software, tightening cybersecurity obligations and expanding real- world evidence (RWE) use.” Click <a href="https://www.mddionline.com/artificial-intelligence/fda-s-ai-device-regulations-key-updates-compliance-strategies-for-medtech-success" target="_child">here </a> to read the full article from MDDI Online. 

Category(s): - 05/28/2026

Federal Advisory Committee on Insurance Reconstituted
On March 10, 2026, the U.S. Treasury Department published notice that it will <a href="https://home.treasury.gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/federal-insurance-office/federal-advisory-committee-on-insurance-faci" target="_child">reestablish the Federal Advisory Committee on Insurance (FACI) </a> to render advice and recommendations to the Federal Office of Insurance (FIO). According to the notice, FACI’s previous charter had lapsed. 
Treasury said the committee will “consist of up to 25 members” representing a balanced cross-section of the insurance sector. This includes state and tribal regulators, industry experts such as insurers and brokers, and consumer advocates focused on underserved communities. The committee is expected to meet four times a year, and the FIO Director will determine what information is disseminated to the committee for its consideration. The committee was established for "an initial two-year term, subject to subsequent two-year reauthorizations at the discretion of the Secretary of the Treasury.”

Category(s): - 05/28/2026

FEMA Council Report Recommends Shrinking NFIP, Elevating Private Flood Insurance Role
“A task force created by President Donald Trump plans to recommend making ‘comprehensive’ reforms that would shrink the National Flood Insurance Program (NFIP) and shift its policies to the private market, according to a draft report obtained by <i>Insurance Insider US.”</i> Click <a href="https://f.datasrvr.com/fr1/226/40085/Fema_council_report_recommends_shrinking_NFIP.pdf" target="_child">here </a> to read more from FEMA Review Council. 

Category(s): - 05/28/2026

In U.S. Health Insurance Market, Consolidation of Insurers Is Increasing Premiums
“In a new analysis, researchers document concentration across commercial, Medicare Advantage, and Medicaid markets, examining how asymmetric information—particularly adverse selection—interacts with market power to shape premiums, plan designs and consumer welfare.” Click <a href="https://insurancenewsnet.com/oarticle/in-u-s-health-insurance-market-consolidation-of-insurers-is-increasing-premiums" target="_child">here </a> to read the full article from Insurance NewsNet.

Category(s): - 05/28/2026

Insurance AI Deployments Jump 87% as GenAI and Agentic Systems Expand, Says Evident
“The global insurance sector has seen an 87% year-on-year increase in artificial intelligence deployments, according to research by Evident, a London-based provider of AI intelligence and analytics for the insurance industry.” Click <a href="https://www.reinsurancene.ws/insurance-ai-deployments-jump-87-as-genai-and-agentic-systems-expand-says-evident/" target="_child">here </a> to read the full article from Reinsurance News. 

Category(s): - 05/28/2026

Insurers Outline Measures to Address Rising Premiums
“According to the American Property Casualty Insurance Association (APCIA), insurers are responding to a combination of structural challenges, including inflation, increasing catastrophe losses, development in high-risk areas, and litigation trends.” Click <a href="https://www.insurancebusinessmag.com/us/news/breaking-news/insurers-outline-measures-to-address-rising-premiums-569942.aspx" target="_child">here </a> to read the full article by Insurance Business Magazine. 

Category(s): - 05/28/2026

KFF: ACA Plan Enrollees Report Rising Costs for 2026 Coverage
“Following the expiry of enhanced subsidies for Affordable Care Act (ACA) plans at the beginning of this year, many enrollees in marketplace coverage are seeing a significant rise in their costs, according to a new survey.” Click <a href="https://www.fiercehealthcare.com/payers/kff-aca-plan-enrollees-report-rising-costs-2026-coverage" target="_child">here </a> to read the full article from Fierce Healthcare. 

Category(s): - 05/28/2026

Micro-Captives Win and Lose in Post Loper Bright World
Recently, two trial courts handed down decisions involving challenges to the IRS’ regulations, which became effective in January 2025, for reporting listed transactions and reportable transactions involving captive insurance companies that have elected small captive or micro-captive status under <a href="https://www.law.cornell.edu/uscode/text/26/831" target="_child">Section 831(b) </a> of the Internal Revenue Code. These captive insurers can effectively deduct premium income and are taxed only on their investment income as opposed to the difference between premium income and insurance claims and related expenses. Click to read <a href="https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFR69a3d5af789efa1/section-1.6011-10" target="_child">§1.6011-10 Micro-captive listed transaction </a> and <a href="https://www.ecfr.gov/current/title-26/chapter-I/subchapter-A/part-1/subject-group-ECFR69a3d5af789efa1/section-1.6011-11" target="_child">§1.6011-11 Micro-captive transaction of interest. </a>
In an opinion issued on March 5, 2026, in <i><a href="https://law.justia.com/cases/federal/district-courts/tennessee/tnedce/3:2025cv00146/118677/46/" target="_child">CIC Services LLC v. IRS, No: 3:25-cv-00146 (E.D. Tenn. 2026), </a></i> the U.S. District Court for the Eastern District of Tennessee upheld the regulations finding that they were not arbitrary or capricious and the U.S. Treasury and IRS did not exceed their statutory authority in promulgating the regulations and granting the IRS’s motion for summary judgement and denying CIC Services’ motion for summary judgement. 
Conversely, in an opinion issued on April 15, 2026, in <i><a href="https://law.justia.com/cases/federal/district-courts/texas/txsdce/4:2025cv02570/2011809/69/" target="_child">Drake Plastics Ltd. Co. v. IRS, No: 4:25-cv-02570 (S.D. Tex. 2026), </a></i> the U.S. District Court for the Southern District of Texas granted in part Drake Plastics’ motion for summary judgment, vacating the listed transaction regulation, but upheld the reportable transaction regulation. The court concluded that the IRS did not exceed its statutory authority in defining reportable micro-captive transactions but did exceed its statutory authority in defining listed micro-captive transactions. The court held that reportable transactions are “of a type” that has “a potential for tax avoidance or evasion,” and defines this as a “low bar” that is met whenever a category of transactions “may allow an individual or entity to avoid paying taxes when they should have,” even if an individual transaction in that category does not have a potential for tax avoidance or evasion. The court also held that a listed transaction is one that is “presumptively (that is, more often than not) tax evasive.” Based on this, the court derived two tests for the micro-captive context. For reportable transactions, the IRS did not exceed its statutory authority if the designated micro-captive transactions “are ‘of a type’ that ‘may’ not be ‘really for insurance.’” For listed transactions, IRS did not exceed its statutory authority if the designated micro-captive transactions “are ‘presumptively’ (that is, more than half the time) ‘not really for insurance.’” On the arbitrary and capricious arguments, the court only addressed the reportable transaction regulation and concluded that the IRS appropriately “balanced the risks of overinclusive categories and proxies against the burdens of a reporting requirement.”

Category(s): - 05/28/2026

NFP Expands Flood Risk Services and Appoints National Practice Leader
“The practice will use catastrophe modelling, historical flood information and property-level risk analysis, alongside comparisons of FEMA’s National Flood Insurance Program and private insurance market offerings, to help clients better understand exposure and evaluate tailored insurance solutions.” Click <a href="https://www.reinsurancene.ws/nfp-expands-flood-risk-services-and-appoints-national-practice-leader/" target="_child">here </a> to read the full article from Reinsurance News. 

Category(s): - 05/28/2026

P/C Insurance Earnings Jump in 2025, Moody’s Ratings Says
“A representative group of 20 P/C insurers Moody’s rated generated net income of $69 billion in 2025, up significantly from $53.4 billion in 2024. This reflects strong underwriting performance, particularly in personal auto, and higher net investment income.” Click <a href="
https://insurancenewsnet.com/oarticle/p-c-insurance-earnings-jump-in-2025-moodys-ratings-says" target="_child">here </a> to read the full article from Insurance NewsNet. 

Category(s): - 05/28/2026

US P&C Insurance Industry Sees Strongest Underwriting Results in 20 Years in 2025: Fitch
“In 2025, the US property/casualty insurance industry delivered its strongest underwriting performance in two decades, according to a newly released report by Fitch Ratings. Last year, the sector achieved its second consecutive year of underwriting profitability, marking its second consecutive year of profitability after the underwriting losses seen in 2023 and 2024.” Click <a href="https://www.reinsurancene.ws/us-pc-insurance-industry-saw-strongest-underwriting-results-in-20-years-in-2025-fitch/" target="_child">here </a> to read the full article from Reinsurance News. 

Category(s): - 05/28/2026

US Treasury to Consult with Insurance Regulators on Private Credit Lenders
“The U.S. Treasury Department is expected to convene in coming weeks the first of a series of meetings with domestic and international insurance regulators about recent developments in jittery private credit markets, two sources familiar with the plans told Reuters.” Click <a href="https://www.insurancejournal.com/news/national/2026/03/30/863908.htm" target="_child">here </a> to read the full article from Insurance Journal. 

Category(s): - 05/28/2026

Using AI Models to Detect Sinkhole Trouble
“Researchers at the University of Florida are developing artificial intelligence models to pinpoint early signs of sinkholes before they appear. "I'm always looking for real-world problems," said Minhee Kim, Ph.D., an assistant professor with the Department of Industrial and Systems Engineering, known as ISE.” Click <a href="https://techxplore.com/news/2026-04-ai-sinkhole.html" target="_child">here </a> to read the full article from Tech Xplore. 

Category(s): - 05/28/2026

White House Advocates Federal Legislation to Preempt State Artificial Intelligence Laws
The White House released its <i><a href="https://www.whitehouse.gov/releases/2026/03/president-donald-j-trump-unveils-national-ai-legislative-framework/" target="_child">National Policy Framework for Artificial Intelligence </a></i> on March 20, 2026, containing legislative recommendations for Congress to establish a unified federal approach to the regulation of artificial intelligence (AI).
The framework builds on prior executive actions and proposes that Congress adopt legislation broadly preempting state AI laws deemed to impose “undue burdens” and avoid “fifty discordant” AI laws. Under the framework, federal preemption is inappropriate for: 
• traditional state police powers retained for laws of general applicability against AI developers and users, including for the protection of children, prevention of fraud and protection of consumers;
• state zoning laws, including for the determination of the placement of AI infrastructure; and
• requirements governing a state’s own use of AI. 
The framework contemplates that federal “…preemption must ensure that State laws do not govern areas better suited to the Federal Government or act contrary to the United States’ national strategy to achieve global AI dominance” and states should not:
• be permitted to regulate AI development given its inherently interstate nature with key foreign policy and national security implications;
• unduly burden Americans’ use of AI for lawful activity if performed without AI use and
• be permitted to penalize AI developers for a third party’s unlawful conduct involving use of their AI models.
The framework raises the possibility of a McCarran-Ferguson Act showdown with state insurance laws and regulations governing how the insurance industry uses AI. In response to the threat of federal preemption, the NAIC issued its March 2026 Issue Brief: <i><a href="https://content.naic.org/insurance-topics/artificial-intelligence" target="_child">Artificial Intelligence and State Insurance Regulation, </a></i> articulating its position on AI regulation. Press Release, NAIC, Artificial Intelligence and State Insurance Regulation, (Mar. 2026). The NAIC supports state-based oversight of insurers’ use of AI and opposes federal preemption that would undermine consumer protections and the McCarran-Ferguson Act. Click <a href="https://www.whitehouse.gov/wp-content/uploads/2026/03/03.20.26-National-Policy-Framework-for-Artificial-Intelligence-Legislative-Recommendations.pdf" target="_child">here </a> to read the full National Policy Framework for Artificial Intelligence from The White House. 

Category(s): - 05/28/2026

Analysts Say Florida’s Auto Insurance Market is Improving
“Analysts are saying the state’s auto insurance market is continuing to show signs of improvement with GOP lawmakers giving credit to the tort reform legislation that was passed by lawmakers during the 2022-23 legislative session.” Click <a href="https://floridadaily.com/analysts-say-floridas-auto-insurance-market-is-improving/#google_vignette" target="_child">here </a> to read the full article from Florida Daily. 

Category(s): - 05/28/2026

Citizens Homeowners Insurance Rates to Drop Statewide in 2026
“Homeowners with Citizens multiperil policies will see an average rate decrease of 8.8%, while those with wind-only policies will see an average reduction of 5.5%, according to the insurer. All Citizens personal lines policyholders will receive rate decreases of at least 2% under the approved rates.” Click <a href="https://flvoicenews.com/citizens-homeowners-insurance-rates-to-drop-statewide-in-2026/" target="_child">here </a> to read the full article from Florida's Voice. 

Category(s): - 05/28/2026

Citizens Shed 180,000 Insurance Policies in Southeast Florida Last Year
“Experts had warned, when Citizens peaked at 1.4 million policies in 2023, that a major hurricane could wipe out its claims-paying funds and trigger a "hurricane tax" on all insured homes, cars and boats.” Click <a href="https://www.axios.com/local/miami/2026/03/02/citizens-insurance-florida-miami-broward-palm-beach" target="_child">here </a> to read the full article from Axios. 

Category(s): - 05/28/2026

Florida Citizens Targets $450m Everglades Re II 2026-1 Catastrophe Bond Sponsorship
“Florida’s Citizens Property Insurance Corporation is back in the market looking to sponsor another catastrophe bond, with an initial target to secure $450 million or more in reinsurance protection from a new Everglades Re II Ltd. (Series 2026-1), Artemis has learned.” Click <a href="https://www.artemis.bm/news/florida-citizens-targets-450m-everglades-re-ii-2026-1-catastrophe-bond-sponsorship/" target="_child">here </a> to read the full article from Artemis. 

Category(s): - 05/28/2026

Florida Court Rewrites Workers' Comp Deadline Rules, Overturns 26 Years of Precedent
“In an en banc decision handed down on March 23, 2026, the First District Court of Appeal ruled that the word "toll" in section 440.19(2) of the Florida Statutes means to suspend or stop temporarily the two-year statute of limitations clock – not to extend it by creating a separate one-year filing window, as the same court had held since 1999.” Click <a href="https://www.insurancebusinessmag.com/us/news/workers-comp/florida-court-rewrites-workers-comp-deadline-rules-overturns-26-years-of-precedent-569743.aspx" target="_child">here </a> to read the full article from Insurance Business Magazine. 

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