INSURANCE
VARIABLE ANNUITIES AND OTHER INSURANCE INVESTMENT PRODUCTS
Edited by Clifford E . Kirsch ( Eversheds Sutherland ( US ) LLP )
REINSURANCE LAW
John S . Diaconis ( Bleakley Platt & Schmidt , LLP ) and Douglas W . Hammond ( National Financial Partners Corporation )
Written by practitioners with hands-on reinsurance experience , this treatise introduces readers to the concept of reinsurance and the federal and state regulatory pressures affecting them . Its grounded insights are great for insurance attorneys , regulators , investment advisers , and other types of readers . Through engaging examples and clear-cut discussions , the authors walk readers through the basics of reinsurance , along with its attendant benefits , drawbacks , coverage options , and compliance considerations .
Some of the concepts and regulations broached include the utmost good faith doctrine , the followthe-fortunes doctrine , intermediaries , late notice on loss and claim reporting , arbitration and litigation considerations , finite reinsurance , and synthetic reinsurance . The book also includes helpful sample clauses covering the various reinsurance agreements , clauses , and certificates practitioners will draft and encounter . It also features a helpful checklist that discusses liability mitigation for cedents and reinsurers to avoid disputes .
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1 looseleaf volume , 422 pages , $ 452 , Item # 615 , ISBN 978-1-4024-0615-7 , Updated annually or as needed
CONTENTS
1 Reinsurance Basics
1A Excess of Loss Reinsurance Agreement in Treaty Form
1B Certificate of Casualty
Facultative Reinsurance 2 “ Utmost Good Faith ”
2A
Doctrine Checklist for Cedents and Reinsurers to Avoid Disputes 2B Sample “ Business
Covered ” Clauses 3 Follow-the-Fortunes
Doctrine 4 Intermediaries 5 Late Notice 6 Arbitration 6A
Confidentiality Agreement
6B Organizational Meeting Agenda 6C Hold Harmless Agreement 6D Arbitration Letter 6E Arbitration Clause 6F Federal Arbitration Act 6G Convention on the Recognition and Enforcement of Foreign Arbitral Awards
6H New York
Arbitration Law 7 Discovery 8 Regulation 9 Finite Reinsurance 10 Synthetic Reinsurance
Table of Authorities Index
Prepared by an accomplished securities practitioner who oversees PLI ’ s BD / IA : Regulation in Focus blog , this work offers accessible guidance to the federal and state regulation of variable annuities and insurance investment products — along with regulatory issues arising from the SEC , the Financial Industry Regulatory Authority , and state authorities . Insurance and securities attorneys — along with anyone who offers and manages insurance investment products — will learn the professional duties and compliance responsibilities expected of issuers of insurance investment products .
The author offers instructive examples around product design , approvals , administration and distribution , marketing , and inspections . The book further features conversations addressing special investment products , state insurance licensing requirements and suitability rules , index-linked variable annuities , registered index-linked annuities ( RILA ), and life settlements .
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2 looseleaf volumes , 2,032 pages , $ 702 , Item # 240085 , ISBN 978-1-4024-3044-2 , Updated annually or as needed
CONTENTS
VOLUME 1 PART I — VARIABLE INSURANCE PRODUCTS
PART I-A : OVERVIEW OF THE REGULATORY FRAMEWORK 1 An Introduction to Variable
Insurance Products 2 Status of Insurance Products Under the Securities Act of 1933
3 Status of Insurance Companies and Insurance Company Separate Accounts Under the Investment Company Act
4 Regulation of Variable Insurance Products Under the Investment Company Act of 1940 5 Tax Treatment of Variable Contracts 6 ERISA Issues
PART I-B : PRODUCT DESIGN 7 Variable Insurance Product Design 8 The Funding Vehicle 9 SEC Registration 10 State Contract Issues
PART I-C : PRODUCT ADMINISTRATION 11 Issues Related to Product
Administration 12 Redemption Fee Rule 13 Insurer Exchange Programs
PART I-D : PRODUCT DISTRIBUTION 14 SEC Regulation of Product
Distribution 15 FINRA Regulation of Product
Distribution
VOLUME 2 16 FINRA Suitability , Suitability , and
Sales Practices
17 State Insurance Regulation Applying to the Distribution of Variable Insurance Products 18 Replacement of Insurance Products 19 Advertising 20 Variable Life Insurance Illustrations 21 Marketing on the Internet
PART I-E : COMPLIANCE AND REGULATORY EXAMINATIONS
22 Separate Account Compliance Programs
23 SEC Insurance Product Separate Account Exams
PART I-F : SPECIAL TOPICS 24 Private Placement Variable Life
Insurance 25 Asset Allocation Programs and Funds of Funds in Variable Insurance Products
26 Variable Annuities in
Retirement Plans 27 Senior Investors 28 [ Reserved ]
PART II — OTHER INSURANCE INVESTMENT PRODUCTS 29 Registered Index-Linked
Insurance Contracts 30 Introductions to Life Settlements 31 Insurance-Linked Securities
Appendix : Statutory Material Table of Authorities Index
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