Insurance and Banks-In-Insurance

Our firm is well-known in the insurance industry for its insurance regulatory law and insurance consulting practice. For the past 23 years our firm has been an effective interface between insurance companies and their respective state and national regulatory agencies. The firm serves as a liaison between insurers and regulators with respect to issue presentation, negotiation and consulting. Our law firm provides efficient coordination and management of insurer projects, such as acquisitions, divestitures, mergers, market conduct examinations, licensing, redomestications, name changes, insurance holding company filings and other insurance company filings. Insurance companies and other entities have come to rely on our timely procurement of the desired regulatory result. Our firm also supports the insurance industry in a wide range of associated matters, including producers, brokers, managing general agents, third-party administrators, coverage issues and director and officer liability concerns.

Insurance companies can depend on our firm for market conduct advice and often seek our counsel in the establishment of compliance, audit programs and pre-examination audits. Our firm takes pride in being at the forefront of emerging issues in the insurance industry and is regularly consulted for assistance when clients are confronted with a particular state regulatory perspective. To this end, developments at the National Association of Insurance Commissioners are constantly monitored and the firm actively participates in lobbying at all quarterly NAIC meetings. We also provide contract negotiation and drafting services to the reinsurance industry. Our firm also specializes in the unique legal issues facing national banks as they seek to offer insurance products to their customers. We have extensive knowledge of the terms and history of the Gramm-Leach-Bliley Act (GLBA), as well as prior OCC determinations of what insurance products a bank may offer, and the latest regulations implementing GLBA mandates. The firm has presented seminars across the country, advising banks, insurers, financial service providers and their counsel on business opportunities, as well as privacy and security concerns heralded by GLBA.

We stand ready to serve the various industry participants in connection with each insurance and banking/insurance issue that may arise. In short, Alexander Law Firm, P.C. provides a full array of legal and consultancy services complementing the needs of the insurance industry.

Mediation and Arbitration Practice

To better serve our insurance and commercial clients in their ongoing quest to contain claim and litigation costs, Hugh Alexander became a Certified Arbitrator through ARIAS-US and a Certified Mediator through a 40 hour course sponsored by the Colorado Bar Association.

Mediation is the voluntary process in which an independent, impartial, trained, neutral mediator facilitates the resolution of a dispute by assisting the parties to reach a voluntary agreement. A mediator facilitates communication, promotes understanding, focuses the parties on their interests, and assists them in developing options to make informed decisions. Mediation creates and fosters: 1. self-determination, 2. impartiality, 3. competence, 4. confidentiality, 5. quality of the process, and 6. establishes the Procedural Obligations of the Parties during the Mediation Process. A mediator does not have the authority to make decisions for or impose a settlement on the parties.

The arbitration process can be used to settle entire disputes or just one or more segments of a dispute. Arbitrations proceed with just one arbitrator or with a panel, and if the principals are commited to the process, can be managed in a time efficient and cost-contained manner. Hugh Alexander became a Certified ARIAS-US (www.arias-us.org) arbitrator in 2004. Since that time he has served as both an arbitrator and as an umpire for panel arbitrations.

Debt Cancellation, Debt Suspension and Debt Waiver Agreements

As banks begin to offer additional insurance products, and as the lines between the insurance and financial service industries continue to blur, clients continue to rely on our firm to devise and implement effective debt cancellation contracts (DCCs), debt suspension agreements (DSAs) and debt waiver agreements (DWAs).

These products have historically presented a number of complex regulatory issues and have received various levels of scrutiny before state financial and insurance regulators. In addition to working with these state regulators to overcome implementation issues of these products, our firm has and continues to work proactively with the NAIC and state regulators to arrive at a uniform regulatory approach that will reduce inconsistent regulatory oversight and confusion.

Whether the client is contemplating the viability of offering a DCC, DSA or DWA product, or faced with ongoing issues regarding the operation and servicing of such products, we have the experience and skill to help meet our clients' needs.

Corporate Organization, Governance and Transactions

Our corporate and transactional attorneys assist the client through every stage of the corporate lifecycle. Clients wishing to form a new venture call on our firm for advice on the benefits and burdens of incorporating in certain jurisdictions and in certain forums. After providing counsel as to forum, structure and governance issues, our attorneys and staff then tailor the organizational documents, bylaws, agreements and/or internal policies to suit the unique day-to-day operation of the company. We counsel clients on procuring the necessary officer/director, E&O and CGL insurance coverages, and stand ready to handle any claims or disputes that may arise in connection with those coverages. Working with the client, our attorneys and staff design effective employment/indepedent contractor and agent agreements, key officer contracts, employment manuals and HR policies, so as to minimize the client's exposure to liability and facilitate the efficient operation of the company. Moreover, we devise comprehensive buy-sell agreements to help ensure a smooth transition in ownership and a seamless continuation of the business.

In addition, we provide negotiation, review and support services in connection with a wide range of corporate transactions. From stock or asset purchases, to joint ventures and strategic alliances, to consulting and third-party outsourcing, we anticipate the small details and utilize our expertise to the client's advantage in the successful completion of their transaction.