Alan F. Berliner

Alan has extensive experience with the insurance industry. He focuses his practice on a variety of subject matters surrounding the industry and works with insurance companies, trade associations, insurance agencies and financial institutions on corporate, regulatory, government relations and litigation matters.

Alan is registered with the State of Ohio as both an Executive Agent Lobbyist and a Legislative Agent, representing insurance companies and a trade association.

The Governor appointed Alan as Interim Director of the Ohio Department of Insurance in April 1999, after Alan served as the Assistant Director and Chief Legal Counsel at the State of Ohio Department of Insurance beginning in August 1997. In that capacity, he counseled all eight divisions of the department on insurance regulatory matters including issues relating to insurance company solvency; mergers and acquisitions; redomestications; formations of mutual holding companies; and litigation.

In July 2000, Alan was appointed Special Counsel to the Attorney General to the State of Ohio for the Ohio Department of Insurance. In February 2007, Alan was appointed by the Governor to be a member of the Ohio Tax Credit Authority.

Alan was with another Columbus law firm for 21 years, the last seven of which he served as the Managing Partner. Alan is a former member of the Board of Directors of Ohio State Life Insurance Company.

• The Ohio State University Moritz College of Law, J.D., 1976, cum laude
• Case Western Reserve University, B.S., 1973, Economics, magna cum laude

• CORPORATE
• Outside corporate counsel for two medical malpractice insurance companies.
• Advised a large Ohio-based financial institution on the formation and contractual relationships of a captive private mortgage insurance reinsurance company.
• Advised several corporate clients on forming their own captive insurance company.
• Advised a major Ohio-domiciled life insurance company on its formation and approval from the Ohio Department of Insurance of a Mutual Holding Company.
• Advised a group of Ohio and Indiana community banks in conjunction with a ground-breaking acquisition of a collective 50% interest in an excess and surplus lines insurer under the Gramm-Leach-Bliley Act.
• Advised an Ohio domiciled insurer on the insurance law aspects of its initial sale of stock to the public.
• Advised the Board of Directors of a publicly held financial institution with respect to continuation of Directors and Officers insurance coverage in conjunction with a merger transaction.
• Obtained approval from the South Carolina Department of Insurance of the demutualization of a mutual insurance company risk retention group.
• Advised a number of insurance companies and financial institutions considering their options and opportunities under the Gramm-Leach-Bliley Act and related matters.
• Advised a trade association on termination of a sponsored MEWA.
• REGULATORY
• Represented a number of insurance companies including several HMOs in obtaining their Certificate of Authority from the Ohio Department of Insurance to do business in Ohio.
• Negotiated with the Ohio Department of Insurance on behalf of a large multi-line insurer on the timing and terms of liquidation proceedings against its insolvent subsidiary.
• Represented several insurance companies in obtaining approval of Form A filings authorizing change of control of Ohio domiciled insurers.
• Advised a national multi-line insurance carrier regarding regulatory issues with the Ohio Department of Insurance due to liquidity problems caused by the insolvency of an Ohio-domiciled insurance company.
• Advised the Ohio Department of Insurance as "special counsel" in conjunction with the planned sale of an undercapitalized small Ohio personal lines insurer.
• Advised a national insurer regarding negotiation of its dispute over reinsurance treaties with an Ohio-domiciled insurer under the supervision of the Ohio Department of Insurance.
• Advised an HMO with respect to regulatory issues due to its financial condition and with respect to its acquisition by a strategic partner.
• Advised a trade association for insurance agents regarding the formation of a health care alliance.
• Advised a national pharmacy benefits manager on several issues involving interpretation of Ohio insurance law statutes.
• GOVERNMENT RELATIONS
• Represented two insurance trade organizations with respect to their discussions with the Ohio Department of Insurance on desired amendments to the Ohio Insurance and Reinsurance Statutes.
• Represented a reinsurance trade association at the Ohio General Assembly in obtaining amendments to the Ohio reinsurance laws.
• Represented a domestic Ohio insurance company in dealing with the Ohio Department of Insurance regarding proposed tort reform legislation.
• LITIGATION
• Represented a ceding company against its reinsurer on its claims in a reinsurance arbitration.
• Advised three reinsurance companies regarding disputes as to amounts due the Liquidator of an insolvent insurance company.
• Represented an insurance company, a state university, a state agency and an insurance agency in different insurance insolvencies regarding disputes with the Liquidators as to classification of their claims.
• Prepared two amicus briefs for a national insurance trade association for filing in the Ohio Supreme Court.
• Defended several defendants alleged to have received preferences and/or fraudulent transfers in four different insurance liquidations.
• Defended the directors and officers of a parent company regarding claims made by the Liquidator of its insolvent insurance subsidiary.
• Represented an insurance guaranty association in two actions involving interpretations of the insurance guaranty association statutes.
  
  

• "Keys to Dealing with State Insurance Departments" · Legal Strategies for the Insurance Industry, Aspatore Book, 2005
• "Medical Malpractice Liability Reforms" · Ohio Lawyer, Ohio State Bar Association, January/February 2005
• "Ohio Enacts Tort Reform" · FORC Quarterly Journal of Insurance Law and Regulation, Federation of Regulatory Counsel, Inc., Vol. 19 Edition 1-Spring 2008
• "Protecting You and Your Employees' Income with Disability Insurance" · Legal Basics for Small Business, Ohio State Bar Association, 2004 Edition
• "Insurance for E-Commerce Risks" · Legal Basics for Small Business, Ohio State Bar Association, 2004 Edition
• Contributor, "Ohio Administrative Code - Directory entries: Commercial Joint Underwriting Association; Fair Plan Underwriting Association, Ohio; Insurance Agent Education Advisory Council; Department of Insurance; Insurance Guaranty Association, Ohio; Life and Health Insurance Guaranty Association, Ohio; Mine Subsidence Insurance Underwriting Association, Ohio" · Ohio Administrative Law Handbook and Agency Directory, 2003
• "Should The Superintendent of Insurance Always Be The Liquidator?" · FORC Journal: Vol. 19 Edition 1, Spring 2008