Kevin G. Fitzgerald

Kevin G. Fitzgerald

Kevin G. Fitzgerald is a partner with Foley & Lardner LLP. He chairs the firm's Insurance Industry Team and is a member of the Finance & Financial Institutions; Transactional & Securities; and Privacy, Security & Information Management Practices, as well as the Health Care Industry Team. His practice is concentrated in the fields of corporate and regulatory insurance law, premium taxation, privacy legislation, captive insurance matters, agent and agency licensing and reinsurance transactions.

Mr. Fitzgerald is a graduate of the University of Wisconsin Law School (J.D., cum laude, 1987) and Marquette University (B.S., magna cum laude, 1984). He was admitted to the Wisconsin Bar in 1987 and The Florida Bar in 1994.

Mr. Fitzgerald is a member of the American Bar Association (Business Law Section, Administrative Law and Regulatory Practice Section, and Tort & Insurance Practice Section), the State Bar of Wisconsin, the Florida Bar and the Federation of Regulatory Counsel. He is also listed in the current edition of The Best Lawyers in America®.

Publications:

· "Essex v. Zota: Florida Surplus Lines Exemption Under Attack," Florida Underwriters, November 2008; Insurance Legal News, Fall 2008

· "National Trends Affecting Producer Licensing," FORC Quarterly Journal of Insurance Law and Regulation, Vol. 19, Ed. 2, Summer 2008

· The Death, by Taxes, of the Pure Captive," Advisen Front Page News, November 2007

· "Non-Profit Health Care Systems Captives: Is Your Captive an 'Insurance Company' and Do You Want It To Be?" Law Watch, Vol. 07-2, February 2007

· "Massachusetts Health Care Reform," BlueCross BlueShield Association's Legal Affairs Bulletin, Issue 968, September 2006

· "Regulatory Issues, Common Challenges, and Succeeding Despite All of Them," Winning Legal Strategies for Insurance Law, Aspatore Books, 2006

· "Florida Begins Licensing and Registering Insurance Agencies," FORC Quarterly Journal of Insurance Law and Regulation, Vol. XVII, Edition II, June 2006

· "Treasury Department Releases Final Rules Applying US Patriot Act to Certain Insurance Companies," Insurance Law Update, November 2005; Journal of Payment Systems Law, November/December 2005

· "The Fair Credit Reporting Act: Recent (And Pending) Developments," FORC Quarterly Journal, second quarter, 2004

· "Federal Court's Interpretation of 'Adverse Action' under FCRA Could Reduce Notice Requirements for Insurers," Insurance Law Update, September 2003

· "Joint FCC/FTC Do-Not-Call Registry Established Under FCC's Final Rule Implementing the Telephone Consumer Protection Act of 1991," Insurance Law Update, August 2003

· "Anti-Money Laundering and the USA Patriot Act of 2001, America's War Against Terrorism Spreads to the Insurance Industry," Vol. IX, Ed. II, FORC Quarterly Journal of Insurance Law and Regulation, June 2002

· "Safeguarding the Privacy of Nonpublic Personal Information Under Gramm-Leach-Bliley: Another Train Is Leaving the Station," Insurance Law Update, March 2002

· "Electronic Signatures in Global and National Commerce Act," Insurance Law Update, July 2000

· "Florida Special Disability Trust Fund Assessments: What is Premium, Anyway?" Vol. XII, Ed. I, FORC Quarterly Journal of Insurance Law and Regulation, March 2000

· "The Violent Crime Control and Law Enforcement Act of 1994: Its Pervasive Impact on the Insurance Industry and Why You Need to Know About It," TIP Committee News, PUB. REG. INS. L. COMMITTEE, TORT & INS. PRAC. SEC., A.B.A., Spring 1999

· "New Jersey Court Finds Coverage for Employer's Vicarious Liability for 'Hostile Work Environment Sexual Harassment' Pursuant to Workers' Compensation and Employers Liability Policy," TIPS Committee News, WORKERS' COMPENSATION & EMPLOYERS LIABILITY COMMITTEE, A.B.A., Winter/Spring 1998

· "Captive and Rent-a-Captive Insurance Alternatives," Vol. 1, No. 12, Inside Health Law, 1996

· "Pre-Acquisition Notification," Vol. VI, Ed. 4, FORC Quarterly Journal of Insurance Law and Regulation, December 1994

· "Supreme Court Further Restricts Insurance Industry Antitrust Exemption," Vol. V, Ed. 3, Federation of Regulatory Counsel Quarterly Newsletter, 1993

· "HMO Regulatory Implications of the Maxicare Bankruptcy Decisions," Vol. 9, No. 1, Journal of Insurance Regulation, 1990

Speaking Engagements:

· "Recent and Expected Regulatory Reforms," Foley & Lardner 2009 Insurance Economic Summit: Navigating the New Business Landscape, Chicago, IL, April 2009

· "NAIC Updates to the Model Audit Rule," Marcus Evans Conference, New York, NY, April 2008

· "A Primer and Case Study on Alternative Risk Transfer Vehicles for Medical Professional Liability," AMGA 2007 Annual Conference, Scottsdale, AZ, March 2007

· "State & Local Tax/Blue Card Update," BCBS National Tax Conference, Palm Springs, CA, November 2006

· "Regulation of Managed Care," Foley's Health Care Friday Focus Web Conference series, July 2006

· "Update on Finite Reinsurance," Foley's Insurance Industry Team, Web Conference, December 2005

· "The Cost of Sarbanes-Oxley and NAIC/AICPA Joint Working Group Initiative," presented to NAIC, San Francisco, CA, June 2004

· "Fair Credit Reporting Act" presented to Property Casualty Insurance Association of America, Chicago, IL, February 2004

· "Insurance Marketing Do's & Don'ts and Everything in Between," presented to Ford Motor Company Marketing Department, Detroit, MI, February 2003

· "Health Insurance Portability and Accountability Act of 1996," NAIC Summer National Meeting, Philadelphia, PA, June 2002

· "Premium Taxation of Blue Plans Under the Blue Card Program," BlueCross/BlueShield Association's 36th Annual Lawyers Conference, Denver, CO, May 2002

· "Captives in the Alternative Insurance Market, Risk Management Responses to the Hard Market," Aon Roundtable Discussion, Milwaukee, WI and Appleton, WI, April 2002

· "Are Applications Required for the Sale of Variable Annuities?" National Association of Variable Annuities Conference, Summer 2001

· "The Alternative Insurance Market," SIIA Convention, January 1998