FORC Journal - Vol. 31 Edition 2 - Summer 2020

It is our honor to present this second edition of Volume 31 of the FORC Journal of Insurance Law and Regulation.  Thank you for your participation.
Dan Cotter & Kori Johanson, Journal Co-Editors

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There's Nothing Rational About Retaliatory Taxes

By  Tony Roehl, Esq. of Morris, Manning & Martin, LLP
A retaliatory tax is therefore, on its face, a discrimination against insurers domiciled in a state with a high premium tax rate, regardless if all insurers in the other state are all taxed at the same rate.

Cybersecurity and Data Privacy in the Insurance Industry

By  Fred E. Karlinsky, Esq., Timothy F. Stanfield, Esq., and Christian Brito, Esq. of Greenberg Traurig, P.A.
In recent years, there have been several major data breaches involving large companies that have exposed and compromised the sensitive personal information of millions of consumers across the United States.

A Pandemic Walks into a Legislative Body

By  Daniel A. Cotter, Esq. of Howard & Howard Attorneys PLLC
Unlike most catastrophes and major events, which are geographically contained, the COVID-19 crisis has affected everyone across the United States, with the vast majority of Americans subject to shelter in place orders to “flatten the curve.”

Coronavirus and the Contract Clause

By  Tasha N. Cycholl, Esq., Andrew L. McNichol, Esq., and Iris Lim of Kutak Rock LLP
There has, perhaps, been no catalyst for legislation more effective than COVID-19. The deadly and omnipresent disease, commonly known as Coronavirus, has changed society in drastic and unforeseen ways.

Review of the States' Surprise Billing Laws and Efforts to Find a Solution

By  Frederick J. Pomerantz, Esq. of Insurance Legal & Regulatory Consulting, PLLC
The terms “surprise medical bill” or “balance bill” describe charges arising when an insured patient receives care from an out-of-network provider.

The Contractual Obligation to Preform During a Global Pandemic

By  A. Kenneth Levine, Esq. of Cozen O'Connor
After the contract is formed, however, the circumstances may change to such an extent as to make it impossible for a party to perform in accordance with the original terms of the contract.