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Regulatory consulting

Market conduct examinations and defense.

Examination defense and mock examinations built on the NAIC Market Regulation Handbook.

About this practice area

How examiners test a company.

A market conduct examination tests how an insurer treats its policyholders and claimants: claims handling, underwriting & rating, marketing & sales, and complaint handling & policyholder service. Examinations may be comprehensive or targeted, and they may be conducted by one state or coordinated across many.

Examiners work from the NAIC Market Regulation Handbook, sampling files and measuring them against statutory and regulatory standards. Findings can lead to fines, corrective action plans, and regulatory settlement agreements. A mock examination applies the same tests in advance, so that a company knows what the examiners will find and can correct it first.

A carrier's practices drawn line by line to a solid examination checklist of standards, its boxes ticking in turn with one amber X, the Department's building beyond it, and one solid mark at the foot
Engagements

Before, during, and after the exam.

Defense of multi-state examinations, an examination performed for a Department, and mock examinations.

Consulting

Multi-state market conduct examination defense

50states at issue
5+years
NAICMarket Actions Working Group appearances

Market conduct

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Retained by a Property and Casualty carrier to assist in defending a multi-state Market Conduct Examination in which the client was accused of having violated rules and regulations in all 50 states. The engagement has lasted over 5 years and has required numerous appearances before the NAIC’s Market Actions Working Group (MAWG), hearings at State Departments of Insurance and on-site dealings with state Market Conduct Examiners. Other duties included writing a Corrective Action Plan (CAP) and a Regulatory Settlement Agreement (RSA). Mr. Bingham also designed and directed a mock examination based upon the tests prescribed in the NAIC’s Market Regulation Handbook.

Also listed under: Claims Handling Review

Other matters

Targeted market conduct examination of an Illinois reinsurerConsultingMarket conductRead moreShow less

Engaged by the Illinois Department of Insurance to perform a targeted Market Conduct examination of an Illinois domiciled reinsurer. Subject matter of the investigation and analyses was the ceding commission structure, other operating expense budget, price & rating program including questions of capacity and surplus requirements, and provisions of the subject company’s reinsurance agreements. The project was performed pursuant to an Examination Warrant signed by the Director of Insurance and resulted in a Final Report of Examination.

Also listed under: Reinsurance Disputes · Receivership & Insolvency Issues

Defending a multi-state targeted claim examinationConsultingMarket conductRead moreShow less

Was engaged by a travel, short term medical, and disability insurer to defend a regulator’s multi state targeted claim examination. Mr. Bingham designed and executed a “mock exam” using the NAIC’s Market Regulation Handbook and drafted the company’s response to the examination report.

Mock market conduct examinationsConsultingMarket conductRead moreShow less

Mock market-conduct exams for Accident & Health and Property & Casualty insurers.

Engage GIC

Facing an examination or a filing?

Start with a conflict and availability check.