Issue: Insurance regulations and the reasonableness of particular actions or inactions taken by an insurance department (DOI) periodically becomes an issue in litigation. The importance of regulatory standards of practice cannot be overstated. The situation arises most often as an insurance company defense. For example, when regulators fail to uncover fraud during a company examination the examined insurer alleges they should be fully or partially absolved from liability. Additionally, reinsurers and others often allege failure by a DOI to act quickly enough in face of an impending insolvency - thus driving up the total amount of the ultimate insolvency losses.
Overall. Mr. Hager has pervasive and extensive experience as to the appropriateness of insurance regulations/regulatory actions, having participated extensively on both sides of regulator decisions in almost all of the various states for over 25 years.
Specific Expert Testimony as to What Constitutes Standard Regulatory Practices.
- Articulation of applicable regulatory standards of practice;
- Determination of whether specific regulatory action actually undertaken complied with how mainstream state insurance departments handled or would have handled the particular issue; and
- Concluding that the particular regulatory action taken did (or did not) comply with standard insurance regulations and practices.