In the ninth and final episode of Season 1 of our Surplus Lines 360 series, John Emmanuel and Zachary Lerner explore today’s hottest regulatory trends in the surplus lines market, including increased regulatory scrutiny through data calls, moratoriums, the rise
InsureReinsure
InsureReinsure, published by Locke Lord, focuses on legal issues related to insurance and reinsurance. The blog covers topics such as surplus lines broker responsibilities and regulatory compliance, insurance policy language challenges including those related to artificial intelligence, legislative changes affecting insurance definitions and regulations, and developments in directors and officers (D&O) and professional liability insurance coverage. It addresses regulatory insights, enforcement actions, insurance market distinctions, and court decisions impacting insurance coverage and claims. The content is aimed at professionals navigating insurance law, regulatory frameworks, and litigation in the insurance and reinsurance sectors.
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Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls
In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls that use artificial or…
Bill to Limit Classification of Insurers as ‘Systemically Important’ Receives Bipartisan Approval by the House
On February 9, 2026, the House of Representatives, in a bipartisan vote, approved H.R. 3682. This bill would place additional guardrails on the Financial Stability Oversight Council (FSOC) in designating insurance companies as systemically important financial institutions (SIFI). The FSOC…
Now Available: Surplus Lines Update Portal – Weekly Subscription
We’re pleased to announce the launch of our Weekly Surplus Lines Update Portal, a comprehensive subscription service designed to help surplus lines carriers and brokers stay ahead of regulatory developments across all 50 states and U.S. territories. Navigating the…
Ninth Circuit Holds that Texts Are “Calls” Under the TCPA But Embedded Videos Are Not Recorded Messages
On January 13, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Howard v. Republican National Committee (RNC) offering two important interpretations of the applicability of the Telephone Consumer Protection Act (TCPA) to certain text message…
Understanding the Surplus Lines Broker’s Role: Key Responsibilities and Regulatory Insights
Join Troutman Pepper Locke Partners John Emmanuel and Zachary Lerner as they break down the critical role of surplus lines brokers in insurance transactions. Learn the distinctions between admitted and surplus lines markets, the unique responsibilities brokers shoulder, and the…
AI Definitions a Challenge for Liability Insurers’ Exclusions
This article provides an excellent overview of the challenges insurers face in drafting policy language that keeps pace with the fast-evolving use of artificial intelligence. The author discusses how multiple insurers faced the challenge of defining what is “artificial intelligence”…
Illinois Amends the Definition of “Home State” for Unaffiliated Groups Under Its Surplus Lines Laws
On August 1, 2025, Governor JB Pritzker approved Senate Bill No. 1289, amending the definition of “home state” as it relates to more than one unaffiliated insured from a group and named as insureds on a single surplus lines…
D&O and Professional Liability 2024 – A Year in Review
The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the country issued notable decisions in this…