Overview

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 an Executive Agent Lobbyist and a Legislative Agent, representing insurance companies and a trade association.

He served as the Assistant Director and Chief Legal Counsel for the Ohio Department of Insurance from August 1997 until March 1999, when former Ohio Governor Bob Taft appointed him as Interim Director. In that capacity, Alan counseled the Department’s eight divisions on insurance regulatory matters including issues relating to insurance company solvency, mergers and acquisitions, redomestications, formation of mutual holding companies and litigation.

In July 2000, former Ohio Attorney General Betty Montgomery appointed Alan Special Counsel to the Attorney General for the Ohio Department of Insurance. In February 2007, former Governor Ted Strickland appointed him to the Ohio Tax Credit Authority.

Prior to joining Thompson Hine, Alan was with another law firm in Columbus for 21 years, the last eight of which he served as Managing Partner. He is a former member of the Ohio State Life Insurance Company board of directors.

Experience

Examples of the types of privately and publicly held clients Alan has counseled and the matters he has handled include:

Corporate Counseling
  • Both Ohio insurance guaranty associations as outside general counsel.
  • Medical malpractice insurance company as outside general counsel.
  • Large Ohio-based financial institution on the formation and contractual relationships of a captive private mortgage insurance reinsurance company.
  • Clients forming their own captive insurance companies.
  • Major Ohio-domiciled life insurance company on its formation and approval from the Ohio Department of Insurance of a mutual insurance holding company.
  • Ohio and Indiana community banks in conjunction with a groundbreaking acquisition of a collective 50 percent interest in an excess and surplus lines insurer under the Gramm-Leach-Bliley Act.
  • Ohio-domiciled insurer on the insurance law aspects of its initial sale of stock to the public.
  • 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.
  • Mutual insurance company risk retention group in obtaining approval from the South Carolina Department of Insurance for demutualization.
  • Trade association on termination of a sponsored multiple employer welfare arrangement.
Regulatory
  • Numerous insurance companies, including several HMOs, in preparing and receiving their applications for Certificates of Authority from the Ohio Department of Insurance to do business in Ohio.
  • Ohio-domiciled mutual insurance company demutualizing and then combining with its management company and two out-of-state reciprocal insurance companies.
  • Large multiline insurer negotiating with the Ohio Department of Insurance on timing and terms of liquidation proceedings against its insolvent subsidiary.
  • Several insurance companies in obtaining approval of Form A filings authorizing change of control of Ohio-domiciled insurers.
  • National multiline insurance carrier regarding regulatory issues with the Ohio Department of Insurance due to liquidity problems caused by an Ohio-domiciled insurance company’s insolvency.
  • Ohio Department of Insurance as special counsel in conjunction with the planned sale of an undercapitalized small Ohio personal lines insurer.
  • National insurer regarding negotiation of its dispute over reinsurance treaties with an Ohio-domiciled insurer under the supervision of the Ohio Department of Insurance.
  • HMO with respect to regulatory issues due to its financial condition and with respect to its acquisition by a strategic partner.
  • Trade association for insurance agents regarding the formation of a health care alliance.
  • National pharmacy benefits manager on several issues involving interpretation of Ohio insurance law statutes.
Government Relations
  • 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.
  • Reinsurance trade association at the Ohio General Assembly in obtaining amendments to the Ohio reinsurance laws.
  • Domestic Ohio insurance company working with the Ohio Department of Insurance regarding proposed tort reform legislation.
Litigation
  • Ceding company against its reinsurer on its claims in a reinsurance arbitration.
  • Three reinsurance companies disputing amounts due the liquidator of an insolvent insurance company.
  • Insurance company, state university, state agency and insurance agency in different insurance insolvencies regarding disputes with the respective liquidators as to classification of their claims.
  • National insurance trade association preparing amicus briefs for filing in the Ohio Supreme Court.
  • Various companies alleged to have received preferences and/or fraudulent transfers in several different insurance liquidations.
  • Directors and officers of a parent company regarding claims made by the liquidator of its insolvent insurance subsidiary.
  • Insurance guaranty association in an action involving interpretations of the insurance guaranty association statutes.
  • Reinsurance company suing a bank trustee for trust funds that were stolen.
Reported Cases (Partial Listing)
  • Robinson v. Bates, 112 Ohio St. 3d 17 (Ohio Sup. Ct. December 20, 2006).
  • Hudson v. John Hancock Fin. Servs., 2007 Ohio 6997; 2007 Ohio App. LEXIS 6137, (Ohio 10th Dist. Ct. App. December 27, 2007) Discretionary appeal not allowed Hudson v. John Hancock Fin. Servs., 2008 Ohio 2823, 2008 Ohio LEXIS 1717 (Ohio, June 18, 2008).
  • Benjamin v. Credit Gen. Ins. Co.; 2005 Ohio 1450; 2005 Ohio App. LEXIS 1402, (Ohio 10th Dist. Ct. App. March 29, 2005).
  • Covington v. Am. Chambers Life Ins. Co., 150 Ohio App. 3d 119; (Ohio 10th Dist. Ct. App. November 14, 2002).
Publications
  • “Fourth Circuit Finds Insurance Coverage for Exposure of Electronic Medical Records Under Traditional Insurance Policy,” Thompson Hine Privacy & Cybersecurity Update, April 2016
  • “Q&A with Thompson Hine’s Alan Berliner,” Law360, March 2013
  • “Protecting Income with Disability Insurance,” Legal Basics for Small Business, Ohio State Bar Association, 2013
  • “Insurance for Cyber Risks,” Legal Basics for Small Business, Ohio State Bar Association, 2013
  • “Questions a Potential Independent Director Should Ask About the Company’s Directors & Officers’ Liability Insurance Before Joining the Board of Directors,” FORC Journal, Vol. 21 Edition 2, Summer 2010
  • “Should the Superintendent of Insurance Always Be the Liquidator?” FORC Journal, Vol. 19 Edition 1, Spring 2008
  • “Medical Malpractice Liability Reforms,” Ohio Lawyer, Ohio State Bar Association, January/February 2005
  • “Keys to Dealing with State Insurance Departments,” Legal Strategies for the Insurance Industry, Aspatore, 2005
  • “Protecting You and Your Employees’ Income with Disability Insurance,” Legal Basics for Small Business, Ohio State Bar Association, 2004
  • “Insurance for E-Commerce Risks,” Legal Basics for Small Business, Ohio State Bar Association, 2004
  • 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
Distinctions
  • AV® Preeminent Rated by Martindale-Hubbell since 2009
  • Listed in The Best Lawyers in America® in the area of Insurance Law, 2014 to 2018
  • Listed in The Best Lawyers in America in the area of Health Care Law, 2013
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine, 2017 and 2018
Professional and Civic

Professional Associations

  • Federation of Regulatory Counsel
  • International Association of Insurance Receivers
  • National Conference of Insurance Guaranty Funds Legal Committee and Coordination of Litigation Committee
  • Ohio Lobbying Association
  • Ohio State Bar Association
  • Columbus Bar Association
  • United States Law Firm Group

Community Activities

  • Ohio State Bar Association Insurance Agency, Inc., Chairman, Board of Trustees, 2012-2014
  • Employment for Seniors, board of trustees and Legal Counsel; 2014 volunteer of the year
  • Leadership Columbus Program, Graduate

Professional Activities

  • Ohio Tax Credit Authority, 2007-2011
News