Insurance Business and Regulatory News
Insurance Business and Regulatory News    

Insurance Business & Regulatory News


Spring 2010

This newsletter is prepared as a source of general information concerning recent insurance business and regulatory law developments. If you would like more information, please contact a member of our Insurance Business and Regulatory Law group. For a printable version of this newsletter, click here.

In this Issue

Attorneys in the Insurance Group

Steven L. Imber (Chair)
(913) 234-7469

Jeanie A. Botkin
(816) 360-4110

Jeffery S. Bottenberg
(785) 233-1446

Gerald W. Brenneman
(816) 360-4221

Richard S. Brownlee III
(888) 886-6529

Michael A. Dallmeyer
(888) 886-6529

Justin T. Liby
(913) 234-7427

Lauren E. Tucker McCubbin
(816) 360-4116

Jennifer L. Osborn
(913) 234-7472

August N. Rechtien
(816) 360-4366

William W. Sneed
(785) 233-1446

Robert B. Sullivan
(816) 360-4151

Lisa A. Weixelman
(816) 360-4315

Keith A. Wenzel
(888) 886-6529


Polsinelli Shughart Acquires Hendren Andrae Law Firm

Polsinelli Shughart acquired Jefferson City-based law firm Hendren Andrae LLC on April 6. Three shareholders, two senior partners and two associates from Hendren Andrae joined our firm to practice insurance business and regulatory law, governmental relations and business litigation.

[ Read more ]

Recent Challenges to Tort Reform Laws: Why Insurers Should Take Heed

By Lauren E. Tucker McCubbin

Recently, Missouri and Kansas were the targets of a concerted effort to undo legislation enacted to limit certain types of damages available to plaintiffs in civil lawsuits. In both states, the challenged laws are part of legislation commonly referred to as “tort reform,” and place caps on the amount of non-economic, or “pain and suffering” damages available in certain types of lawsuits.

[ Read more ]

Operational Review and Audit Requirements for Insurers Utilizing Third Party Administrators

By Steven L. Imber and Jennifer L. Osborn

Over the past few months, several states have addressed the requirement for insurers to conduct audits or operational reviews of third party administrators (TPAs) that administer their business. Specifically, the Iowa, North Carolina and Texas insurance departments have imposed or revised various operational review or auditing requirements on insurers utilizing TPAs. In addition, the Florida Office of Insurance Regulation (OIR) requires submission of information regarding operational reviews of TPAs.

[ Read more ]

Spotlight: Missouri and Kansas

Missouri Activity: Bulletin 10-01 clarifies that Missouri’s anti-rebate laws prohibit producers and insurers from offering, without additional charge, health club memberships, exercise equipment personal trainers, and other wellness services and counseling that are not provided for in the insurance contract.

Kansas Activity: The Kansas Insurance Department recently proposed a new regulation, K.A.R. 40-4-43, which is intended to prohibit an insurer from refusing to pay for costs that would otherwise be covered were it not for the insured’s participation in a clinical trial for cancer treatment. A public hearing will be held on April 20, 2010.

[ Read more ]

NAIC Corner

By August N. Rechtien

White House Proposal for Health Reform

NAIC President Jane Cline recently commented on a provision in President Obama’s health care reform plan that would grant the Secretary of Health and Human Services certain authority over health care premium increases. According to Ms. Cline, the NAIC has been working closely with the congressional drafters and the Administration to preserve the role of state regulators.

[ Read more ]


Insurance Regulators Work to Protect Consumers from Fraud

The NAIC sent four members to serve as panelists at the recent National Summit on Health Care Fraud sponsored by the U.S. Department of Health and Human Services and the U.S. Department of Justice. The main objective of the Summit was to address various means of fighting fraud in Medicare, Medicaid and private insurance.

[ Read more ]

For More Information

About Polsinelli Shughart's

Insurance Business and Regulatory Law Group

With decades of experience assisting the insurance industry with corporate transactions and various compliance and regulatory issues across the country, the Insurance Business and Regulatory Group at Polsinelli Shughart PC has the experience to provide outstanding services to this industry.

With five former state insurance department attorneys, including a former director of insurance, two who served as General Counsel, and five attorneys who were former in-house counsel to various insurance organizations, our attorneys understand the unique needs of our insurance clients on matters involving state insurance departments, state Attorneys General, and other state and federal regulatory agencies. To learn more about our services, click here.

To learn more about our firm, you can visit our Web site at


If you have questions about, or would like more information regarding, any of the articles which appear in this newsletter, please contact the author or any member of our Insurance Business and Regulatory Law group.

For a printable version of this newsletter, click here.

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Polsinelli Shughart PC provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.

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