ARRA Jobs Estimates: Is Your Report Accurate?
February 2010 |
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Bulletin on new and simplified guidance from the Office of Management
and Budget regarding reporting on job creation estimates. |
Ohio Insurance Law -- Winter 2010
January 2010 |
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Ohio legislative, administrative and judicial updates for the insurance industry. |
A Strategic Plan for Ohio's Insurance Industry
December 2009 |
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Bulletin on the Ohio Department of Development’s Office of Insurance and Financial Development Strategic Plan for the state's insurance industry that focuses on enhancing the business climate for the industry and developing innovative ways to retain and create insurance industry jobs for Ohioans. |
Expect an Increase in Variable Annuities Claims from Disappointed Investors
September 2009 |
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Bulletin on new wave of disappointed variable annuity purchasers as a result of the recent economic downturn. |
A Primer of ARRA Reporting Requirements
September 2009 |
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Bulletin on the quarterly reporting requirements of recipients of monies from the Recovery Act. |
New NAIC Standards For Audit Committee Independence
September 2009 |
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Article from the Federation of Regulatory Counsel Quarterly Journal on the NAIC Model Audit Rule as applied to insurance companies. |
Reporting Requirements for Recipients of Stimulus Funding: Initial Reports due on October 10, 2009
September 2009 |
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Reminder that recipients of funding under the American Recovery and Reinvestment Act of 2009 must file their first quarterly reports no later than October 10, 2009. |
Recent HIPAA Developments
August 2009 |
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Bulletin on recent developments in the HIPAA privacy and security law and regulations. |
New Twist on STOLI Litigation: Insured Sues When Policy Does Not Sell on Secondary Market
August 2009 |
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Bulletin on an Ohio federal district court decision on a Stranger-Originated Life Insurance policy. |
Ohio Insurance Law Newsletter -- Summer 2009
August 2009 |
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Regulatory, legislative and judicial developments of interest to the insurance industry. |
Executive Compensation Issues for Financial Insititutions: Compensation Committee Independence and "Say on Pay"
July 2009 |
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Bulletin examining ongoing federal initiatives that are increasingly moving toward "federalizing" corporate law and regulating the activities of management and boards in private business. |
NAIC Exposure Draft: Corporate Governance Guidance for Principles-Based Reserves
June 2009 |
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Bulletin on the draft revised Corporate Governance Requirements for Principles-Based Reserves released by a working group of the National Association of Insurance Commissioners. |
Financial Services Industry Regulatory Reform: The Administration Proposal
June 2009 |
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Bulletin on the Obama Administration proposal for comprehensive reform of the financial services industry regulatory system. |
Sixth Circuit: Insurer Not Required to Return Premium On Void Policy
June 2009 |
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Bulletin on a 6th Circuit Court of Appeals decision that under Ohio law when a life insurance policy is void due to fraud, the insurer is not required to return premiums paid. |
Different Time Limit For Refiling Wrongful Death Claims Does Not Violate Plaintiff's Equal Protection Rights
May 2009 |
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Article on a May 2009 Ohio Supreme Court decision holding that Ohio's statute governing the refiling of previously dismissed wrongful death claims -- which provides a different time limit than for refiling other civil actions -- does not violate the right to equal protection under the 14th Amendment. |
Reminder to Liability Insurers: Prepare to Register!
April 2009 |
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Reminder bulletin that many liability insurance companies must register by July 1, 2009 with the
U.S. Centers for Medicare and Medicaid Services in compliance with new requirements
intended to enforce the Medicare Secondary Payer laws. |
Appellate Court Strikes Ohio’s New Pay-to-Play Laws
April 2009 |
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Bulletin on Ohio Court of Appeals decision voiding sweeping restrictions on the
award of public contracts to political contributors. |
Human Resource Bulletin: Does Your Company Have Insurance Coverage? If Yes, the Medicare Secondary Payer Reporting Rules May Apply
April 2009 |
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Bulletin on the Medicare, Medicaid, and SCHIP Extension
Act of 2007 revision to the Medicare Secondary Payer rules requiring
mandatory reporting requirements for group health plans and certain insurance types.
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Potential Opportunities for Financial Institutions and Investors
March 2009 |
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Bulletin on the U.S. Treaaury Department's "Toxic Asset" Public-Private
Partnership Investment Program. |
Order Declaring That An Insured Is Entitled to Insurance Coverage, But Not Addressing Damages, Is Not Final, Appealable Order
March 2009 |
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Article on an Ohio Supreme Court decision holding that an order declaring that an insured is entitled to coverage, but that does not address damages, is not a final appealable order eligible for immediate appellate review. |
Human Resources Bulletin: The Stimulus Act: Changes Affecting Benefits and Compensation
March 2009 |
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Bulletin on provisions in the American Recovery and Reinvestment Act of 2009 that affect employee benefit plans. |
The Stimulus Bill Amends HIPAA
March 2009 |
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Bulletin on the changes to the HIPAA privacy and security law affecting health plans, health insurers and long-term care insurers and their business associates. |
Capital and Surplus Relief for Ohio Insurers
March 2009 |
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Bulletin on two revised administrative rules and three bulletins recently issued by the Ohio Department of Insurance intended to offer reserve relief to domestic insurers. |
Human Resources Bulletin: Federal Stimulus Bill Expands COBRA Continuation Coverage and Provides Federal Government Subsidy
March 2009 |
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Bulletin on several
important provisions relating to COBRA continuation coverage included in the American Recovery and Reinvestment Act of 2009. |
Heeding President Obama’s Limits on Executive Compensation
February 2009 |
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Advice for compensation committees and executives on heeding and complying with
President Obama’s announced limitations on executive pay of financial institutions. |
Ohio Offers Some Reserve Relief to Life Insurers
January 2009 |
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The Ohio Department of Insurance has revised two administrative rules affecting reserving requirements for life insurers, giving some relief to domestic companies.
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"Home Alone": Exploring Strategic Alternatives (Or Lack Thereof)
January 2009 |
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With bank M&A activity "cautious" at best in the current environment, financial institutions and their boards are more often faced with limited, if any, near-term alternatives for potential strategic combinations. |
Sixth Circuit Holds Denial of "Fairly Debatable" Claim Is Not Bad Faith
January 2009 |
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Article discussing the U.S. Sixth Circuit decision applying the "fairly debatable" standard in considering bad faith claims asserted under Ohio law. |
Ohio Insurance Law Newsletter -- Winter 2008
December 2008 |
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Legislative, administrative and judicial news and updates for the insurance industry. |
Complying With New Federal Mental Health Parity Provisions
December 2008 |
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Bulletin on new federal law requiring parity between mental health and substance use benefits and medical and surgical benefits when a group health plan includes such benefits. |
Expense Reduction Opportunities: Reducing Property Tax Liability
December 2008 |
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Bulletin for insurance companies and agencies on reducing property tax burdens from decreased real estate values.
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Ohio Banking Law -- Fall 2008
November 2008 |
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Newsletter for the banking industry with updates and articles on the current economic environment. |
Federal Financial Institution Stimulus Initiatives
October 2008 |
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Bulletin on several important bank
stimulus initiatives released by Treasury and the various federal banking agencies. |
Ohio Supreme Court Holds Retroactive Application of Landmark Asbestos Reform Law Constitutional
October 2008 |
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In a long-awaited decision, the Ohio Supreme Court held that the Ohio's asbestos reform legislation may be applied to cases pending prior to its effective date without offending the Retroactivity Clause of the Ohio Constitution. |
Enhanced M&A Opportunities for Financial Institutions
October 2008 |
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Bulletin on opprotunities newly available for mergers and acquisitions among financial services companies. |
Highlights of the Federal Financial Institution "Bailout" Legislation
October 2008 |
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Bulletin on the highlights of the Emergency Economic Stabilization Act of 2008, a vehicle for financial institutions with certain types of problem debt to sell that debt to a government entity or secure a federal guarantee of collection of that debt
for the lender. |
Expansion of Preemption for Federally-Chartered Institutions: The State Farm Decision
September 2008 |
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Article on a Sixth Circuit Court of Appeals decision recognizing expanded preemption rights for federally-chartered institutions to include "exclusive agents" of a federal savings bank. |
Ohio Banking Law Newsletter - Summer 2008
August 2008 |
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Quarterly newsletter covering legal issues for the banking & financial services industry, including a lead article on appealing agency findings.
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Human Resources Bulletin: National Bank Act Preemption
August 2008 |
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Bulletin on an Ohio Court of Appeals decision holding that the National Bank Act preempted the claims of sexual discrimination by an officer of an Ohio national
bank. |
Reputation Risk
August 2008 |
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Article discussing how banks can deal proactively to address risks to the corporate reputation. |
Bank Deposits and Funds Management: Dealing with FDIC Insurance Limitations
August 2008 |
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Given the media focus on the current banking environment, many organizations are taking a closer look at their depository relationships and limitations on FDIC coverage of their deposit accounts. |
Increased Prosecution Of Ethics Violations Is On The Horizon: Is Your Financial Institution Ready?
July 2008 |
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How even inadvertent violations of government
ethics laws and regulations can result in significant exposure as well as reputation risk issues for institutions and their officers, directors, and employees. |
Ohio Insurance Law Newsletter - Summer 2008
July 2008 |
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Legislative, administrative and judicial news for the insurance industry, including information on Ohio's new Anti-STOLI legislation. |
Ohio's Anti-STOLI Legislation
June 2008 |
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Overview of key provisions of Amended Substitute House Bill 404 which revises Ohio's viatical settlement laws, and enacts significant new provisions to curb STOLI transactions. |
Ohio Legislature Approves STOLI Legislation
May 2008 |
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On May 29, 2008, the Ohio General Assembly approved legislation that will protect Ohio consumers from Stranger-Originated Life Insurance ("STOLI"). |
Human Resources Bulletin: New Federal Law Will Ban Genetic Discrimination by Employers and Health Insurers
May 2008 |
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Bulletin on the enactment of the Genetic Information Nondiscrimination Act which addresses the collection and use of genetic
information by health insurers, employers, employment agencies, and labor organizations. |
Ohio Banking Law Newsletter -- Spring 2008
May 2008 |
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Quarterly newsletter covering legal lssues for the banking & financial services industry, including a lead article on the practical implications of regulatory enforcement actions. |
Disclosing Examination Matters and Enforcement Proceedings
January 2008 |
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Article discussing the difficult and complex dilemma facing bankers as to whether, and to whom, information concerning examination activities and informal enforcement proceedings may be disclosed outside the organization. |
Practical Implications of Bank Regulatory Enforcement Actions
January 2008 |
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Agency enforcement actions present a challenging environment for the banking institution, particularly if and when the actions become public through disclosure by the bank or the agency. |
Ohio Supreme Court Upholds Tort Reform Statute
December 2007 |
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Summary of the Ohio Supreme Court's decision in Arbino v. Johnson & Johnson upholding statutory limitations on noneconomic and punitive damages. |
Affirmative Action Program Verification Form Explained
October 2007 |
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Bulletin on compliance with the Ohio Affirmative Action Program Verification Form for all contractors and vendors that do business with the state or a political subdivision. |
Ohio Supreme Court Applies Prima Facie Filing Requirements To Asbestos Claimants Asserting Federal Claims
October 2007 |
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Analysis of the Ohio Supreme Court case of Norfolk Southern Railway Co. v. Bogle finding that Ohio's prima facie filing requirements for asbestos claims are not preempted by federal laws. |
Ohio Supreme Court Holds That S.B. 117 Became Effective On August 1, 2007 And 90-Day Referendum Period Begins To Run On That Date
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner granting the Secretary of State's Motion for Reconsideration or Stay. |
Ohio Supreme Court Upholds Validity of S.B. 117
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner invalidating Governor Strickland's veto of S.B. 117, a tort reform measure, including clarification that suits against product manufacturers could only be brought under the Ohio product liability law and not the state’s public nuisance law. |
Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007 |
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Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions. |
Challenges to Revenue Sharing Practices of Financial Services Providers
July 2007 |
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Article discussing a new wave of litigation challenging the revenue sharing practices of financial services providers across the country. |
U.S. Supreme Court Limits Insurance Company Liability For FCRA Violations
June 2007 |
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Bulletin on U.S. Supreme Court decision siding with two insurance companies limiting their potential liability under the Fair Credit Reporting Act for failing to notify consumers of higher insurance rates based on lower credit ratings. |
Ohio Supreme Court Reins in Actions for Post-Settlement Interest
May 2007 |
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Bulletin on May 16, 2007, Ohio Supreme Court decision holding that the date of a written settlement agreement is the date from which post-settlement interest accrues, unless the parties negotiate a different “due and payable” date and incorporate it into the written settlement agreement. |
Medical Bill Write-Offs Are Not Benefits Under the Collateral Source Rule
January 2007 |
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In a long-awaited decision, the Ohio Supreme Court ruled that evidence of medical bill "write-offs" are not barred by the collateral source rule. |
Ohio Supreme Court Reaffirms: Statutory Revocation of Designation of Former Spouse As Life Insurance Beneficiary Does Not Apply To Policies Before Effective Date of Statute
January 2007 |
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Discussion of Ohio Supreme Court case reaffirming that upon divorce, dissolution or annulment, there is no automatic revocation of the designation of a former spouse as beneficiary under a life insurance policy issued prior to May 31, 1990.
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Employment Bulletin: Ohio's New Minimum Wage and Record-Keeping Requirements: What Employers Need to Know
January 2007 |
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Background information and a series of questions and answers, updated January 3, 2007, on the new Ohio minimum wage and record-keeping constitutional amendment and law. |
Ohio's Health Insurance Laws Amended
January 2007 |
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Bulletin on revisions to Ohio’s health insurance laws adopted by the Ohio General Assembly in S.B. 5 in December 2006. |
Government Contractors Beware: Political Contributions Could Cost You Business
January 2007 |
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Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007. |
Employment Bulletin: Legislation Implementing Ohio’s New Minimum Wage Amendment Passed
December 2006 |
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Bulletin on Ohio H.B. 690, passed the Ohio General Assembly and was signed into law by the Governor in December 2006, to implement the minimum wage constitutional amendment. |
The Pension Protection Act of 2006: Important Considerations for Bank-Owned Life Insurance
September 2006 |
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A combination of new reforms and best practices
for Bank-Owned Life Insurance (BOLI) recently
were codified with the August 17, 2006 approval
of the Pension Protection Act of 2006. |
Ohio Department of Insurance Considering New Controls on Title Insurance Agencies' Affiliated Business Arrangements
September 2006 |
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In response to the Ohio predatory lending law, SB 185, as well as the Ohio Department of Insurance’s own experiences dealing with title insurance agents and agencies, the Department is considering new controls on “affiliated business arrangements.” |
Ohio Insurance Law Newsletter -- Fall 2006
September 2006 |
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News and information of interest to the Ohio insurance industry. |
Ohio Insurance Law Newsletter - Summer 2006
June 2006 |
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News, information and updates of interest to our insurance clients. |
Ohio Insurance Law Newsletter - Spring 2006
March 2006 |
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News, information and updates of interest to our insurance clients. |
House Bill 104: Security Breach Legislation
December 2005 |
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Analysis of H.B. 104 which requires state agencies and certain business entities to notify Ohio consumers in the event of a breach of security. |
Ohio Insurance Law Newsletter - Winter 2005
December 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Treasury Department Implements New Insurance Regulations
November 2005 |
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Articles discussing November 3, 2005, new rules from the U.S. Department of the Treasury’s Financial Crimes Enforcement Network applying provisions of the U.S.A. Patriot Act of 2001 to certain insurance companies.
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Ohio Insurance Law Newsletter - Fall 2005
September 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry. |
Ohio Insurance Law Newsletter - Summer 2005
June 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry. |
Ohio Insurance Law Newsletter - Spring 2005
April 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry. |
Ohio Insurance Law Newsletter - Winter 2004
January 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry. |