Regulatory Implications of Insurer Use of Social Media, and the Latest on Electronic Insurance Transactions

February 27, 2015 12:00pm

Jane L. Cline

Spilman Thomas & Battle, PLLC

Lisa Brown
Sr. Counsel & Director, Compliance Resources
American Insurance Association (AIA)

Lance Albright
Vice President Claims Relationship Management
QBE North America

  • Understanding your individual state’s laws regarding insurer use of social media
  • When is an insurer’s use of social media subject to state marketing and advertising regulations?
  • Understanding your state’s licensing laws and when/how they are applicable to insurer social media activity
  • How are insurance companies and producers most commonly using social media in their business?
  • Identifying regulatory and compliance issues that might arise through the use of social media in insurance; effectively addressing and resolving such issues
  • How are states currently addressing social media use and compliance issues within the insurance industry?
    • Market conduct examinations
    • Consumer complaint process
  • What are the most recent steps/actions being taken by the NAIC Social Media Working Group?
  • Understanding the distinction between “static” versus “interactive” social media content; how to comply with the different regulations governing each type
  • When can insurers be found responsible for interactive communications or third-party content?
  • Assessing insurer liability under the “entanglement theory” and “adoption theory”
  • When can an insurer be found responsible for social media communications of appointed producers?
  • How to effectively supervise and monitor the social media communications of appointed producers
  • Implementing the right social media policies, procedures and controls; effectively communicating and training on such policies
  • Determining what type of social media training is necessary based on the insurers particular distribution channels and business models
  • Ensuring that insurer/producer social media communications comply with state record retention regulations
  • Determining whether a particular technology vendor’s system complies with state record keeping laws
  • The latest developments and legislation applicable to:
    • Electronic Posting of Insurance Policies
    • Electronic Delivery of Insurance Information
    • Electronic Proof of Insurance
    • Electronic Signatures