FORC Journal - Vol. 21 Edition 2 - Summer 2010

Here’s the latest issue of the FORC Journal, just in time for the Fourth of July.  It’s jam-packed with insurance regulatory news and analysis from across the nation and features a whopping 8 articles that you’ll want to read aloud at the cookout.  Have a good holiday, and keep those cards and letters coming!

Scott Kosnoff, Editor

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CAPTIVE MANAGERS

By  Charles R. Cohen, Esq., CHARLES R. COHEN, PLLC
Most state laws authorizing the formation of captive insurers require the captive insurer to engage and utilize a Captive Manager.

MEDICARE SECONDARY PAYER REPORTING: EXTRATERRITORIAL APPLICABILITY OF REQ'S TO FOREIGN INSURERS

By  Eric D. Fader, Esq., EDWARDS ANGELL PALMER & DODGE LLP & Nick Pearson, Esq., EDWARDS WILDMAN PALMER LLP
Section 111’s purpose is to reinforce Medicare’s status as a secondary payer for coordination of benefits purposes and to prevent Medicare from paying for the same services for which reimbursement is available under other plans.

THERE'S A NEW SHERIFF IN TOWN

By  David K. Liggett, Esq., RAGSDALE LIGGETT PLLC
There is a buzz in the world of corporate law in North Carolina.

LIABILITY OF A SURETY UNDER NEBRASKA LAW

By  Robert L. Nefsky, Esq., REMBOLT LUDTKE LLP
Surety is a unique arrangement as far as insurance is concerned. The typical insurance contract has two parties: the insurer and the policyholder.

QUESTIONS A POTENTIAL INDEPENDENT DIRECTOR SHOULD ASK ABOUT THE COMPANY'S DIRECTORS & OFFICERS ...

By  Alan F. Berliner, Esq., THOMPSON HINE LLP
Directors and Officers Liability Insurance policies offer unique insurance coverages and present a variety of unusual issues.

NARAB II – THE DEVIL'S IN THE DETAILS – THE PRACTICAL EFFECTS OF HB 2554 ON INSURANCE REGULATORS ...

By  Susan T. Stead, Esq.. BAILEY CAVALIERI LLC
Eleven years after the passage of the Gramm-Leach-Bliley Act (15 U.S.C. 6751 et seq.), as states struggle to achieve full reciprocity and uniformity in producer licensing, the U.S. House of Representatives passed the National Association of Regifster

DEFINING MENTAL HEALTH PARITY AND ADDICTION EQUITY

By  William J. Toman, Esq., QUARLES & BRADY LLP
The Mental Health Parity and Addiction Equity Act 1 sketched out the idea that there should be parity between medical and surgical benefits on the one hand, and mental health and substance use disorder benefits on the other hand.

SPECIAL PURPOSE FINANCIAL CAPTIVES SOUTH CAROLINA’S SUCCESS STORY

By  Michael A. Molony, Esq., YOUNG, CLEMENT, RIVERS, LLP
Over the years, many jurisdictions have developed and utilized captives in a traditional form. South Carolina has distinguished itself by allowing a captive to be used not only as an innovative and useful insurance mechanism, but for a variety of pur