Category Archives: Insurance

Treatise Update: Cyber Insurance Claims, Case Law, and Risk Management 

Cyber Insurance Claims, Case Law, and Risk Management provides a comprehensive analysis of the shifting and escalating cyber claim landscape as it pertains to insurance coverage and overall risk management. Featuring in-depth case and insurance policy analysis and discussion of loss mitigation steps, along with chapter summaries that can serve as quick reference checklists for practitioners, this treatise focuses on the relationships between insurance on the one hand and attack vectors and resulting liability on the other, so that risk management options can be considered.  

Highlights of the new supplement include: 

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Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

Book Update: New York Elder Law (Second Edition)

New York Elder Law explores the evolving legal landscape shaped by the growing population of older adults in New York. As seniors live longer, their legal needs become more complex and urgent. Edited by Douglas J. Chu—one of New York’s leading elder law attorneys with over thirty years of experience—this authoritative volume brings together a team of seasoned experts to address the critical issues facing aging individuals today. From estate planning to healthcare decisions, this essential guide offers clear, practical insights for navigating the legal challenges of aging with dignity and security.

Updates in this sixth release include:

  • Chapter 5, Nursing Homes, offers an updated look at key legal protections for residents, including the prohibition against third-party payment guarantees and unlawful financial recovery from family members. It also covers discharge planning requirements, residents’ rights to appeal discharge decisions, and the obligation of facilities to provide assistive devices that support hearing and vision.
  • Chapter 6, New York Power of Attorney, is revised to further clarify rights and obligations of individuals holding the power of attorney in New York and adds discussion of special proceedings that may be brought for a number of purposes related to power of attorney.
  • Chapter 3, Medicaid for the Elderly, Blind, or Disabled, includes updated appendices to provide quick references to information on regional rates for nursing homes, and allowances for income for personal needs of an applicant and community spouse income and exempt resources.

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PLI PLUS subscribers can access this title through their subscription.

Book Update: Equipment Leasing– Leveraged Leasing

For over forty-five years, PLI’s Equipment Leasing– Leveraged Leasing has been the go-to resource for comprehensive legal, tax, economic, accounting, environmental, and insurance information to optimize leasing deals. The Seventh Edition updates readers on industry advancements, guiding them on whether to lease or buy, comply with leasing laws, draft agreements, achieve client goals, and minimize legal and financial risks.

The new release (Release #2) includes the following update:

  • Chapter 14A, Climate Finance Assets, discusses the use of capital investments in assets that mitigate or adapt to climate change, creating opportunities for financing new technologies like LED lighting, batteries, solar, wind, hydrogen, heat conversion, and geothermal. This chapter also presents information that is key to understanding the economics of the new technologies, the legal structures for financing them, and related issues.

The Table of Authorities and Index have also been updated to assist you in your research.

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Book Update: Insurance and Investment Management M&A Deskbook

Insurance and Investment Management M&A Deskbook provides attorneys with an essential reference to keep up with emerging trends in insurance and investment management M&A. This comprehensive guide addresses various topics, including the acquisition of public insurance companies, blocks of insurance business, and private acquisitions. It also examines the regulatory environment of the insurance and financial services industries, the involvement of private equity and pension funds in the insurance sector, and the expansion of insurance industry participants into emerging markets globally. Additionally, the Deskbook offers detailed insights into Lloyd’s of London and the M&A market for mutual life insurers.

The new release (Release 10) includes the following updates:

  • Chapter 2, Private Acquisition of an Insurance Business, discusses the latest developments in U.S. state privacy law (Section 2:4.4[J]) ERISA fiduciary rules Section (2:4.4[K]), EU and U.K. sanctions regimes (Section 2:4.7), and challenges to the U.S. Corporate Transparency Act (Section 2:4.9).
  • Chapter 4, Private Equity and Other Financial Sponsor Investments in the Insurance Industry, provides updates on insurance company investments in asset managers (Section 4:2.2[C]), minority investments and leveraged build-ups by financial sponsors (Section 4:2.2[F]), and structuring acquisition finance in insurance sector transactions in the United States (Section 4:4.3).
  • Chapter 7, Selected Tax Issues in Insurance M&A, provides updates on proposed Treasury regulations with respect to CAMT and the significant uncertainty around rulemaking in this area (Section 7:4.5).
  • Chapter 9, Investment Management M&A, provides the latest on the enforceability of non-compete agreements (Section 9:2.1), DOL Fiduciary Rule implementation (Section 9:3.7), and the U.K. FCA MiFID II rules on purchasing investment research (Section 9:5).

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Treatise Update: Reinsurance Law

Reinsurance Law examines the intricacies of U.S. reinsurance law in the twenty-first century, giving you a practical grasp of the purpose, benefits, markets, and costs of reinsurance; the features, operation, and risk-and-return characteristics of the full range of reinsurance products; state, federal, and international regulation of reinsurance; and a full understanding of resolving disputes in the industry. This practical guide is equipped with time-saving checklists, sample clauses and agreements for efficiency. It comprehensively covers federal and state law, industry standards, and practices, such as the Utmost Good Faith and Follow-the-Fortunes doctrines, and does so in a straightforward and easy-to-understand manner.

Highlights of the release include:

  • Revised Chapter 6 explains that arbitration is a matter of contract, and courts must enforce arbitration agreements according to their terms. Parties may agree to have an arbitrator decide whether the parties have agreed to arbitration.

The Index and Table of Authorities has also been updated for this release.

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Treatise Update: Insurance and Investment Management M&A Deskbook

Insurance and Investment Management M&A Deskbook is an essential reference guide on emerging trends in insurance and investment management M&A.

With this release, this Deskbook is fully up-to-date and covers many topics including acquisitions of public insurance companies, blocks of insurance business and private acquisitions; the regulatory environment of the insurance industry and the financial services industry; investment in the insurance industry by private equity and pension funds; and the expansion of insurance industry participants into emerging markets around the globe.

The new release includes updates to the following chapters:

  • Chapter 2: Updates include a discussion of the regulations and guidelines meant to prevent the discriminatory use of personal credit scores, external data, algorithms, and predictive models in pricing decisions for insurance policies.
  • Chapter 4: This chapter includes updates on Treasury and IRS guidance on the impact of the Corporate Alternative Minimum Tax (CAMT) on the insurance industry.
  • Chapter 7: Updated to include the latest on the participation of private equity firms in the insurance space, including NAIC recommendations to address concerns reflected in their list of Regulatory Considerations and guidance from the European Insurance and Occupational Pensions Authority (EIOPA) on how regulators should evaluate acquisitions by private equity firms in the run-off sector.

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PLI PLUS subscribers can access this title through their subscription.

Treatise Update – New York Elder Law (Second Edition)

New York Elder Law is a comprehensive, authoritative guide to legal considerations for seniors in New York, with particular emphasis on areas such as Medicaid eligibility, Medicare, and Medi-gap Insurance. This book includes sample wills, checklists, flowcharts, and up-to-date information on eligibility and benefit levels, all designed to help practitioners work more effectively with government agencies. It also addresses broader issues such as nursing home rights, power of attorney, and healthcare decision-making, reflecting the latest legal developments in these areas.

Highlights of this new release include:

  • Medicaid for the Elderly, Blind, or Disabled: Discussion updated to cover the E14 Waivers or exceptions put in place for Medicaid renewals from July 1, 2023, through May 2024 (see section 3:12.1).
  • Medicaid Home Care: Updated discussions cover new form DOH-5770, Practitioner Statement of Need (see section 4:6.2[A][2]); and LDSS’s submission of a web-based form to NYIA requesting expedited assessments upon receipt of an immediate need request (see section 4:6.2[A][5]).
  • Nursing Homes: New discussion reviews visitation requirements for nursing homes, as well as residents’ rights (see section 5:21).
  • New York Power of Attorney: Updated discussions include the effect of a defective notarization on a power of attorney (see section 6:3), and the requirements to make gifts under the 2009 amendments to the NY GOL (see section 6:5).
  • Health Care Decision Making: New discussion of the Palliative Care Access Act (see section 7:11).

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Treatise Update – Variable Annuities and Other Insurance Investment Products (Third Edition)

Variable Annuities and Other Insurance Investment Products offers accessible guidance to the federal and state regulation of variable annuities and insurance investment products. Readers will learn the professional duties and compliance responsibilities expected of issuers of insurance investment products. The book includes instructive examples around product design, approvals, administration and distribution, marketing, and inspections. The book further features conversations addressing special investment products, state insurance licensing requirements and suitability rules, index-linked variable annuities, registered index-linked annuities (RILA), and life settlements.

Highlights of the new release include:

  • ERISA Issues: New discussion of Prohibited Transaction Exemption 2020-02 (“PTE 2020-02”) which allows investment advice fiduciaries to receive compensation that would otherwise be prohibited in connection with providing investment advice and engaging in certain principal transactions (see section 6:9).
  • Insurer Exchange Programs: Covers the SEC’s announcement of settled charges against an insurance-affiliated broker-dealer/principal underwriter for improper exchange offers related to the affiliated insurer’s variable annuities (see section 13:5).
  • Advertising: Reviews FINRA Rule 5123 (“Private Placements of Securities”), a separate FINRA Rule that sets forth filing requirements for private placements (see section 19:4.2[B][13]), and the performance inception date for variable annuity performance advertising (see section 19:5.1[A][1]).
  • Senior Investors: Discusses actions by federal and state securities and insurance regulators to enhance the supervisory obligations of financial institutions dealing with senior investors (see section 27:2.1).

In addition, the Table of Authorities and Index have been updated to incorporate the latest developments and regulatory changes.

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PLI PLUS subscribers can access this title through their subscription.