Ken advises clients in navigating and complying with the regulatory statutes applicable to insurance, reinsurance, and intermediary companies with operations in various states. He offers tremendous experience with respect to state and federal securities issues such as representing public and closed corporations, limited liability companies, brokers, dealers, and registered representatives before the Florida Office of Financial Regulation and the US Securities and Exchange Commission.
Ken is recognized by Chambers & Partners as one of the dozen top insurance attorneys in Florida; has achieved the AV Rating by Martindale-Hubbell (5.0/5.0), and is listed by A.M. Best in its Directory of Recommended Insurance Attorneys.
Notable Experience
· Extensive knowledge in insurance regulatory and compliance matters; mergers, acquisitions, and assumptions; SEC broker/dealer registration and regulation; receiverships; and warranty law.
· Counsel to all forms of insurers, HMOs, TPAs, service warranty providers, and agents and agencies; as well as national and international securities brokerages, and affiliated Florida branch offices and registered representatives.
· Served as lead counsel on five of Florida's largest domestic health maintenance organization acquisitions.
· Extensive experience in insurance licensure, re-domestication, market withdrawal, market conduct examinations and appeals, rate and form filings, rule challenges and bid protests.
· Retained by the Florida Department of Financial Services to represent the Department as receiver in insurer insolvency proceedings.
· Retained as national regulatory counsel to major consumer electronics and appliance manufacturers, and telecommunication service providers, regarding warranty, surety, advertising, organizational and corporate issues.
· Served as lead counsel on stock and asset purchases as to insurers, ambulatory surgery centers and other health care providers, international manufacturers, as well as affiliated real estate and other property.
· Served on Advisory Council and as member of Service Contract Task Force, State of California, Bureau of Electronic and Appliance Repair.
· Successfully litigated various rule challenge proceedings on behalf of trade associations and high-stakes bid protests on behalf of private entities and public commissions.
· Developed successful strategy for a large UK securities brokerage in hostile management replacement of an insurer in which the brokerage indirectly controlled a majority interest.
· Appointed as special counsel in bankruptcy proceedings of large multi-state entities.
· Negotiated successful resolutions of multiple state and federal investigations.
· Obtained approval of failed registration applications, and reinstatement of suspended authority to transact securities and variable annuities.
· Retained by other law firms nationally to serve as expert witness on surplus lines and coverage issues.
· Retained by federal government as expert witness concerning off-shore captive taxation issues.
· Retained by counsel for the nation's largest consumer electronics retailer as expert witness to defend against class action as to service warranty program market conduct.
· Prepared and executed recommended orders as agency hearing officer in dozens of administrative hearings.
· Drafted legislation and rules regulating insurance industry.
Recent Speaking Engagements and Publications
· New Appleman Premium Online Checklists, Matthew Bender & Company Eds., 2010 (126 checklists covering virtually every aspect of insurance regulation and type of insurance).
· Market Conduct Regulation, 2 New Appleman on Insurance Law Library Ed. Chapter 13 (2009).
· Regulatory and Legislative Issues in Insurance Law (Aspatore Books Winter 2006).
· VEBAs, ERISA and Other Cloaking Devices, 21 Journal Federation of Reg'y Counsel (Spring 2010).
· Eight for '08: Insurance Measures in Review, LexisNexis Insurance Law Center, Jan. 05, 2009, reprinted in 19 Mealey's Litigation Report, Jan. 9, 2009 (39 page in-depth analysis of significant state and federal legislation passed during 2008, divided among eight subject matter areas).
· A Comparison of the 2008 Amendments to Florida and Connecticut's Suitability Laws, LexisNexis Insurance Law Center, Aug. 4, 2008.
· Florida Reforms Motor Vehicle No-Fault Law, A.B.A. Ins. Reg'n Committee Newsletter, Fall-Winter 2007, at 5-6.
· Alternative Dispute Resolution: Evolution into Child's Play, Mealey's Insurance Reg'y Compliance Report, Nov. 2006.
· The Florida Reinsurance Crisis, LexisNexis Insurance Compliance, Sept. 15, 2006.
· Uniformity or Redundancy, LexisNexis Insurance Compliance, Apr. 6, 2006 (discussion of RICO and antitrust actions against the Marsh and McLennan companies).
· Are Genes Appropriate?, LexisNexis Insurance Compliance, Mar. 23, 2006 (discussion of genetic testing as a tool for underwriting).
· Customer Representatives, Insurance Insight (94-2 ed. 1994).
· Limiting Repetitive Litigation in Administrative Proceedings, 66 Florida Bar Journal 45 (No. 2 1992).
· Damages in "Fraud-On-The-Market Cases": A Price on Information, 58 Defense Counsel Journal 47 (1991).
· Podcast, "Federal and State Insurance Regulation and Legislation Proposed in 2008," LexisNexis Insurance Law Center, Jan. 30, 2009, available at http://law/lexisnexis.com/practiceareas/insurance.
· "The Future of Compliance: What to Anticipate and How to Cope," Annual Conference of the Association of Insurance Compliance Professionals (Orlando, Oct. 10-11, 2006).
News & Publications
February 2012, Client Advisory - Shareholder Brings Derivative Action Against Life Carrier's Officers and Directors Targeting Unclaimed Property Practices
January 2012, Client Advisory - Whistleblower Claims $1.6 Billion in Unclaimed Property Lawsuit Against Two Leading US Life Carriers
July 2011, Client Advisory - New York Insurance Department Requires Life Insurers to Use Social Security Death Master File to Identify Deceased Policy Holders
June 2011, Client Advisory - New York Attorney General Issues Subpoenas to Investigate Life Insurers' Compliance With Unclaimed Property Laws
June 21, 2011, Edwards Angell Palmer & Dodge Recognized by Chambers USA in 17 Categories
May 2011, Client Advisory - California Announces Investigation of Life Insurers' Use of Social Security Death Master List and Compliance With Unclaimed Property Laws
May 2011, Client Advisory - State Insurance Regulators Coordinate Investigation of Life Insurers' Compliance With Unclaimed Property Laws
November 15, 2010, Ken Levine Joins Edwards Angell Palmer & Dodge as a Partner in West Palm Beach
Before Edwards Wildman
Ken began his legal career with the Florida Department of Insurance, culminating in positions as Senior Counsel and Hearing Officer in the Department's Office of Chief of Staff. After serving as General Counsel and Personnel Director of a large national company, Ken returned to Tallahassee to establish and manage the Tallahassee office of a significant Miami-based firm.
Besides Edwards Wildman
Ken consistently trains and excels in competitive martial arts and was recently conferred the level of Third Degree Black Belt in Karate/Taekwondo. When not defending clients, Ken savors each moment he spends with his wife and children. Ken is an avid reader and is frequently hired to write articles for publication.
Industries
· Healthcare
Memberships
· Federation of Regulatory Counsel
· American Bar Association (Tort Trial and Insurance Practice Section)
· International Association of Insurance Receivers
· INSOL International
· Half-Axe International
· Certified Insurance Mediator, Florida Department of Financial Services