Insurance

Representation of insurance companies is a core practice area at McGrath North. The firm has a diverse insurance practice that includes extensive experience in corporate, regulatory, and transactional matters, as well as litigation of insurance coverage disputes and claims. In Chambers 2022, this team was once again recognized for its excellence based on Chambers' independent research from clients and peers, receiving its top ranking for Nebraska law firms. Read more here.  In addition, Chambers also recognized two Shareholders on our team for their excelence. Read more here.

Our insurance team has specialized expertise with insurance company formation, capitalization and licensing, insurance holding companies, mutual holding companies, and captive insurance companies and other alternative risk mechanisms.  Drawing in part on the deep experience in our business and corporate group, we also counsel insurance companies and their Boards of Directors on corporate governance matters, the responsibilities of officers and directors of insurance companies, and corporate compliance programs. In addition, our team has substantial experience in supporting the strategic and day-to-day employment and benefit needs of companies operating in this sector.

Our insurance clients also seek our counsel on a variety of regulatory matters.  Our specialized knowledge enables us to advise insurers regarding various compliance matters, including Holding Company Act compliance, regulatory compliance, and privacy compliance. Our experience also extends to assisting insurers in policy drafting and regulatory approvals and advising insurers regarding regulation of insurance marketing and investment practices. 

In addition, our team advises clients on insurance and reinsurance matters, including assisting insurers in developing new policy or endorsement forms, negotiation and drafting of insurance agreements, reinsurance agreements, third party administrator agreements, reinsurance contracts and related matters, such as arranging reinsurance and attendant regulatory compliance.

Representative Projects

• Represented supplemental health insurer as its outside general counsel for more than 30 years
• General corporate, organizational and tax matters
• Labor and employment, human resources, personnel, independent contractor status and immigration matters
• Agency and brokerage distribution contract matters
• Department of Insurance regulatory and administrative matters
• General claims litigation, including professional negligence, property and casualty, auto, workers’ compensation and commercial liability
• Contract negotiation and drafting, including Annuity Contracts, Third Party Administration Agreements, Reinsurance Contracts, and Administration Services Agreements.
• Insurance Holding Company registration and ongoing notifications to Department of Insurance as required pursuant to Insurance Holding Company Systems Act.
• Directors and Officers Liability Insurance policies
• Coverage reviews for businesses to ensure appropriate insurance is in place
• Defined benefit pension and retirement plans, executive compensation, nonqualified deferred compensation, welfare benefit plans and HIPAA and privacy matters
• Intergovernmental risk pools