Insurance touches every aspect of life. Individual consumers insure their property, lives, and health, any one of which can generate a legal problem beyond their ability to solve effectively. Insurance agents routinely encounter legal problems whether dealing with companies for whom they write, their individual policyholders, or the Texas Department of Insurance that regulates their licensure and conduct. Large businesses as well as insurance companies face a myriad of legal issues in insuring their property and employees that often require compliance with a complicated network of rules and regulations.
Weitz Morgan has significant experience dealing with insurance clients, and we are able to provide legal advice and support for any insurance-related matter. Examples include, but are not limited to:
- Bad Faith
- Claims Resolution and Litigation
- Insurance Defense for Agents and Companies
- Insurance Insolvency Issues of Consumers, Agents, and Companies
- Agent and Company Representation Before the Texas Department of Insurance
- Insurance Company and Agency Formation
- Collection Services for Medical Service Providers
- Workers Compensation Issues
- Self-Funded and ERISA Issues
- Officer and Director Liability
- Receivership Services
- Captive Insurance Company Formation and Management
As with any of our practice area descriptions, this is not an exclusive listing. If you need assistance with an insurance related issue, contact us. We will discuss your particular situation and determine whether and how we can help.
Consumers and Commercial Entities
Weitz Morgan assists individual consumers with a variety of insurance claim related issues. In addition, we have extensive experience with virtually every type of business related insurance problem. From workers’ compensation to group health plans to ERISA, Weitz Morgan is available to advise and assist businesses of all sizes on any aspect of its insurance needs.
Weitz Morgan also represents actuaries, agents, brokers, and intermediaries in matters related to their clients, insurance companies, and any issues pertaining to regulation by the Texas Department of Insurance, including liquidation/receivership.
The insurance practice of Weitz Morgan brings to its clients over 24 years of insurance experience and familiarity with the issues facing both the public and private sector. The head of our practice group has served as both a former regulator and an insurance company executive. From initial start-up to all aspects of operation, Weitz Morgan works with companies on matters of legal compliance, reinsurance, agent issues, policy interpretation, and if necessary, matters pertaining to solvency, including rehabilitation and/or receivership.
Medical Service Providers
Weitz Morgan routinely assists medical service providers with insurance-related issues. Whether it is increasing collections, litigation, or forming captives for malpractice coverage Weitz Morgan has long supported the healthcare industry.
We were at the forefront of the struggle to keep workers’ compensation provider reimbursements fair and equitable. We offer representation to physicians fighting malpractice claims and routinely assist administrative lawyers in matters before the Texas Medical Board. Medical service providers exist in a business environment that has seen reimbursements steadily shrink over the years. At the same time insurance companies are dropping payments they insist that providers are powerless to effect payment through the legal system. Weitz Morgan has worked with providers to find innovative ways to force insurers to answer in court and live up to the language of their own policies.
Outside the litigation and collection arena Weitz Morgan works prospectively to help medical providers protect themselves. The captive insurance market has exploded in the last twenty-five years. Medical providers can benefit as much as any single profession or industry from the ability to self-insure through a captive. Weitz Morgan offers expertise in forming captives both within the United States and abroad that give providers the opportunity to take control of premium costs, claims management, and litigation.
Self-Insurance and Captives
Weitz Morgan has the experience, expertise, and business connections to help small and large businesses self-fund their insurance needs. The captive insurance market has grown extensively in the last twenty years and today potential clients not only have the option of forming off-shore captives, but can take advantage of laws in the U.S. that make captive formation and operation both cost beneficial and less complicated than going off-shore.
Captives are limited purpose insurance companies that are privately owned, either by individuals or businesses, that do not offer insurance to the general public but provide coverage for its owners and/or affiliates. Some benefits of forming a captive insurance company include the ability to control insurance premium costs, the exercise of authority over claims and other aspects of risk management, with proper underwriting captives can become profit centers, and captives can take advantage of U.S. IRS Code provisions that are favorable to small insurance companies. In addition, physicians or other professionals who write malpractice insurance through a captive enjoy the added benefit of being able to control the selection of defense counsel and the general direction of litigation.
For those considering taking advantage of the benefits of self-insurance through a captive, Weitz Morgan can help form the company, provide administrative and professional support, and serve as general counsel. In addition, Weitz Morgan can assist with ensuring that your captive complies with both state insurance regulators and federal laws governing the establishment and operation insurance companies.