I act for insurers, agents and brokers, regulators, and other industry participants in matters requiring a deep understanding of insurance regulation, the wholesale and retail insurance distribution system, and reinsurance. I also serve as an expert witness in matters concerning the business of insurance.
Prior to establishing my own practice in 2008, I practiced with Fried Frank Harris Shriver & Jacobson as the partner responsible for the firm’s Insurance Industry Practice; Manatt, Phelps & Phillips as a partner and Chair of the firm’s Insurance Industry Practice; and as Senior Counsel with Dewey & LeBoeuf. Over my career I have handled insurance regulatory matters in virtually all states.
Legal Credentials: UCLA School of Law (JD 1972; Order of the Coif; Article and Comment Editor UCLA Law Review). B.S. from Cal-State Los Angeles in Business and Accounting. Law clerk to Hon. George R. Gallagher of the District of Columbia Court of Appeals, 1972-1973.
Military: U.S. Army from 1965-1967.
Bar Admissions: California and New York.
Expertise and Representative Matters
- Expert witness in matters concerning the business of insurance, industry standards, and related issues.
- Counsel to insurers and agents and brokers in matters before insurance departments nationwide concerning licensing, premium audits, regulatory approvals and inquiries, investigations, and enforcement actions.
- Author of multiple amicus briefs on significant surplus lines issues for industry trade organizations; architect of California Insurance Code (CIC) § 1780.50, et seq, (Surplus Line Advisory Organization); and the principal drafter for revision of the Constitution of the Surplus Line Association of California in its entirety.
- Counsel to a national wholesale broker in New York state and federal litigation to recover premiums and other monies from a New York retail producer and its successor.
- Counsel to a major London Market coverholder in multinational litigation and arbitration in New York and London concerning interpretation of profit commission schedules under binding authorities issued by a London insurer that ceased underwriting some ten years prior, with assumption of the business by a successor runoff company.
- Arbitrator in dispute concerning investments in life insurance policies.
- Counsel to national wholesale broker for compliance implementation with the Nonadmitted and Reinsurance Reform Act (NRRA), part of the Dodd-Frank Act.
- Counsel to national retail producer operation regarding potential rebating issues for employee benefits business unit broker agreements.
- Counsel to national wholesale broker for E&O matters.
- Counsel to a Fortune 100 transportation company concerning insurer demand for increased collateral for self-insured Workers’ Compensation bonds in multiple states.
- Legal Adviser to Massachusetts Division of Insurance for reorganization of Liberty Mutual into a mutual holding company structure under an untested statute.
Richard A. Brown
RAB@InsuRegulatory.com – preferred
Direct: (415) 752-2330
Mobile: (917) 359-9232