Insurance Regulation

Burr & Forman’s regulatory and corporate insurance attorneys serve as counsel to all segments of both the traditional and alternative risk insurance industries.

The firm has extensive experience in compliance and regulatory matters affecting the insurance industry and is equipped to represent clients in all 50 states and abroad. Our attorneys are active participants in several market associations such as the National Risk Retention Association (NRRA) and the Self Insurance Institute of American, Inc. (SIIA). Our attorneys also maintain strong working relationships with regulators throughout the country.

The firm’s Insurance Regulatory team advises clients on the structure and formation of risk retention groups, purchasing groups, reciprocals, group funds, surplus lines companies, and other alternative risk transfer vehicles. They also assist clients in connection with the licensing of traditional carriers, third party administrators, agents, brokers, and claims adjusters. Our attorneys regularly handle state insurance department inquiries, examinations, tax analysis, holding company compliance, insurance insolvencies, policy drafting, and rate and form filings.

Our firm also represents insurers and related entities in the acquisition of other companies and portfolios of business. In addition, the attorneys in the firm have incorporated, organized, licensed and advised insurance companies to underwrite various types of insurance, including health, prescription drug, professional liability, property, automobile liability, general liability, and workers’ compensation. In each instance, the firm organized the insurance companies, advised the insurance companies as to corporate governance, obtained all necessary approvals from the state insurance departments, prepared all necessary securities disclosure and filing documents, and obtained certificates of authority for their operations as insurance companies.

Burr also handled one of the first “demutualizations” of a mutual insurance company to a stock company in the 1990’s. The firm prepared all organizational and disclosure documents to effect the conversion through a registered SEC public offering to its insured and outside investors, and the firm has continued to represent that client and its successor in numerous public and private acquisitions and other corporate transactions. The firm’s activities also have included the acquisition of several insurance companies or books of business in various states, many of which involved public mergers.

Burr's insurance attorneys are also actively involved in government relations at both the state and federal level, and they assist clients in drafting and managing the passage of insurance legislation, monitoring legislative activity, and lobbying in connection with proposed legislative changes. Our firm drafted Tennessee's new captive insurance law to position Tennessee as a premier domicile for captives and was instrumental in forming the TCIA.

Our Attorneys

Kelli Fleming
Partner ~ Birmingham, Alabama|
(205) 458-5429
(205) 244-5762
Kelli
Robert Given
Partner ~ Birmingham, Alabama|
(205) 458-5308
(205) 244-5645
Robert
Eric Hatten
Partner ~ Jackson, Mississippi|
(601) 709-3442
(866) 443-1581
Eric
James Hoover
Partner ~ Birmingham, Alabama|
(205) 458-5111
(205) 244-5660
James
Briana Montminy
Partner ~ Birmingham, Alabama|
(205) 458-5480
(205) 244-5690
Briana
Bruce Rawls
Partner ~ Birmingham, Alabama|
(205) 458-5247
(205) 244-5700
Bruce
John Russell
Partner ~ Tampa, Florida|
(813) 367-5724
(813) 357-3523
John
Jack Stephenson, Jr.
Partner ~ Birmingham, Alabama|
(205) 458-5201
(205) 244-5708
Jack

Experience Matters

Brief sentence defining representative matters.

  • Mergers & Acquisitions

    Researched notice statutes; drafted post merger notices to states
  • Mergers & Acquisitions

    Handle the M&A work and SEC reporting for the fourth largest medical malpractice insurer in the U.S.
  • Acquisition

    Represented ProAssurance Corporation (NYSE: PRA) in the acquisition of American Physicians Service Group, Inc. (NASDAQ: AMPH), a public insurance holding company, in a cash merger having a value of $233 million. Transaction involved change of control of American Physicians Insurance Company, a Texas insurer, which required approval of Form A filed with the Texas Department of Insurance. Representation included preparation and negotiation of the acquisition agreement, regulatory approval of Texas Insurance Department, tax advice, and HSR anti-trust filing.
  • Acquisition

    Handled the stock merger of insurance company in which ProAssurance issued shares of its common stock to shareholders of Physicians Insurance Company (PIC) of Wisconsin pursuant to SEC registration statement. Prepared and negotiated acquisition agreement, regulatory approval of Wisconsin Insurance Department, SEC registration of stock issued in merger, tax advice, HSR anti-trust filing.
  • Acquisition

    Handled cash sponsored conversion of Independent Nevada Doctors Insurance Exchange ("IND"), in which IND will be converted from a reciprocal insurance exchange to a stock insurer with its subscriber policyholders receiving cash funded by ProAssurance through conversion of all of IND's newly issued shares through simultaneous cash merger. Prepared and negotiated acquisition agreement, regulatory approval of Nevada Insurance Department, tax advice. Undisclosed award.