Greg E. Mitchell

Lexington
T 859.244.7548
F 859.231.0011
Lexington Financial Center, 250 West Main Street
Suite 2800
Lexington, Kentucky 40507-1749

Greg chairs the firm’s Insurance Regulatory Industry group which provides a variety of insurance related legal and professional services including representation of businesses in the review, evaluation and structure of sophisticated insurance and alternative risk/captive programs; development of new insurance and extended warranty/service contracts and hybrid programs; regulation, licensing, and compliance of agents/producers/limited lines/brokers/consultants/administrators/utilization review agents and adjusters, including call center operations and non-insurance distribution channels; formation, regulation, implementation of compliance/risk management, preparation for and defense of state, multi-state and MAWG market conduct actions for national and international insurance carriers and other risk-bearing entities, as well as defense of department investigations and administrative procedures.  Greg also handles holding company system/group issues and filings, formation and licensing matters, reinsurance and service agreements, as well as representation of insureds and receivers in insolvency related proceedings, including life and health, MEWAs, self-insurance funds, group self-insured funds, unauthorized insurers and conversions.

He regularly attends meetings of the National Association of Insurance Commissioners, National Conference of Insurance Legislators and other various insurance related organizations.  His work has been cited numerous times in Mealey’s and other publications. Greg is a member of the Federation of Regulatory Counsel and he also chairs the Insurance Regulatory practice group of Multilaw, an international association of law firms located in 150 commercial centers throughout the world.

Insurance Business Experience:

  • Development and approval of national insurance/extended warranty/service contract products and programs, including distribution, marketing and compensation systems.
  • Formation and authorization of various types of risk bearing entities, including domestic and off-shore captives, risk retention groups, risk purchasing group, captive/risk retention groups, life and property and casualty insurers, as well as group and self-insurers.
  • Insurance producer licensing, business entity licensing and limited lines licensing and design of regional, national and international insurance product distribution systems, including call center operations.
  • Holding company system filings and licensing, as well as preparation of insurance management and outsourcing agreements.
  • Market conduct, special target examinations and other type of investigations by state and federal regulators, including MAWG actions.
  • Counsel for over 120 former members of the Kentucky workers’ compensation group self-insurance fund, AIK Comp in Rehabilitation.
  • Counsel for numerous insurers affected by the liquidations of Reciprocal of America, Legion and Reliance, as well as other domestic and off-shore insolvencies.
  • Lead counsel on the liquidation and related litigation of the National Business Association Trust/National Benefit Administrators, Inc., a Kentucky unauthorized insurer doing business in 22 states.
  • Handled general litigation matters for the estate, including claims administration, document retention/depository, asset management, coordination with the departments of insurance, and reports to the Court, as well as acted as lead counsel in numerous adversary proceedings, including officer-director suits, preference and collection actions.
  • Coordination counsel on the liquidation of Kentucky Central Life Insurance Company.
  • Handled general rehabilitation/liquidation matters for the estate, including claims administration, document retention/ depository, asset management, coordination with NOLHGA, and reports to the Court, as well as acted as lead counsel in numerous adversary proceedings, including multi-million dollar preference actions, foreclosures, and collection actions. Also special counsel in actions against officers, directors and auditors.
  • Oral argument before the 9th Circuit Court of Appeals concerning an unauthorized insurance MEWA, insurance insolvency, ERISA and application of the U.S. Bankruptcy Code.

Insurance Insolvencies:

  • American Chambers Life Insurance Company
  • AIK Comp
  • Frontier
  • Legion/Mutual Risk Management Ltd
  • Reciprocal of America/The Reciprocal Group
  • First Virginia Re
  • Doctors Insurance Reciprocal Group
  • Mutual Holdings (Bermuda) Ltd
  • Reliance
  • Numerous issues for various parties to the insolvency proceedings of admitted carriers and other risk bearing entities, including captives

In the News:

NAIC Review of Limited Lines Producer Licenses
Federation of Regulatory Counsel (Spring 2010, Vol. XXI, Edition 1)

State Offers Deal to End Companies' AIK Comp Obligations
Business First (September 18, 2009)

Experience

Lead counsel on numerous MAWG actions, and multi-state department investigations, corrective action plans and regulatory settlement agreements.

Counsel for 24 Kentucky hospitals in the second largest case ever tried before the Virginia corporation in the Reciprocal of America insurance insolvency proceeding, which included issues on the guaranty fund system and definition of insurance.

Lead counsel on the development and regulatory compliance of numerous specialty insurance programs

Lead counsel on the formation of numerous captive and alternative risk financing entities, both in the U.S. and in foreign jurisdictions

Lead counsel on numerous commercial foreclosures/workouts involving multi-million dollar loans, receiverships and lender liability defense issues for various lending institutions, the FDIC, RTC and liquidators

Counsel on numerous foreign investment transactions

Trial counsel with Grant Cowan in the Nowicki litigation which resulted in $17.3 million judgment (at the time - second largest jury verdict in Eastern District of Kentucky)

Highlights & Recognitions

  • U.S. Department of State Certificate of Appreciation, July 2014
  • The Best Lawyers in America®, Insurance Law, 2007-2018
  • Martindale-Hubbell®, AV Preeminent®, Rated

Memberships & Affiliations

  • Pennsylvania Bar Association
  • Federation of Regulatory Counsel, Inc.
  • Insurance Regulatory Examiners Society, Member
  • INSOL, Member
  • National Society of Professional Insurance Investigators, Member
  • International Association of Insurance Receivers, Accredited Insurance Receiver, Legal
  • Association of Insurance Compliance Professionals, Member
  • Society for International Affairs, Member
  • Global Alliance of Travel + Tourism + Hospitality Attorneys (GATTHA), Member
  • Fayette County Bar Association, Business & Corporate Law, Bankruptcy Law and Intellectual Property & Computer Law Practice Sections
  • Kentucky Bar Association, Business Law and Bankruptcy Law Sections
  • American Bar Association, Business Law, Intellectual Property Law and Tort & Insurance Practice (Life Insurance Law Committee, Excess, Surplus Lines and Reinsurance   Committee, and Insurance Regulation Committee, Self Insurers and Risk Managers Committee); International Law & Practice (Export Controls and Economic Sanctions Committee, Customs Law, Russia-Eurasia Committee, International Trade Committee)

FBT Publications

Civic & Charitable Organizations

  • Kentucky World Trade Association
  • Bluegrass International Trade Association, Past President
  • Kentucky Science & Technology Corporation
  • Mary Queen of the Holy Rosary School, Past Board Member
  • Barkley Woods Homeowners' Association, Past Board Member
  • Kentucky Middle School Football Association, President
  • Lexington Catholic Athletics Committee, Member

Non-FBT Publications and Events

Presenter: Sourcing from China - Strategies for Success, February 2011

Presenter: Exporting to a Foreign Country: Legal Considerations, 2011 Kentucky International Trade and Investment Conference, May 19, 2011

Presenter: Implementing the Agreement- Or, Making Sure You Get What You Bargained For, When You Bargained For It
Minnesota State Bar Association, April 2008

Presenter: The Net: Real or Imagined- How Guaranty Associations and Receivers Should Cooperate in Insurance Insolvencies
International Association of Insurance Receivers Annual Conference, February 2007

Presenter: Corporate Compliance, Insurance and Risk Management
Louisville Bar Association, June 2007

Presenter: International Trade Compliance in Global Employment Matters
September 2007

Presenter: The Challenges of China as an Exporter - A U.S. Perspective
16th Annual Multilaw Conference, Peoples Republic of China, October 20, 2006

Presenter: Export Controls & Issues
International Update Series, December 2002

Presenter: Internationalization of U.S. Commerce
Rotary Club, May 1993

Presenter: Legal Aspects of International Trade
Kentucky World Trade Convention, 1991

Presenter: U.S. - Canadian Free Trade Agreement
Pennsylvania Chamber of Commerce, 1989

Insurance Regulation:

Author: Aspatore Thought Leadership
Insurance Law 2008:Top Lawyers On Trends & Key Strategies for the Upcoming Year

Author: Subprime and the Insurance Fallout
Business Lexington: March 2008

Author: Different Flavors of Insurance
Louisville Business First: March 2007

Author: Legal Perspectives of Risk Management
Inside the Minds: Legal Strategies for Insurance, Aspatore Publishing, 2005

Author: D'Oench, Duhme: A New Tool for Insurance Receivers to Help Protect Policyholders, Creditors and the Public
Life Insurance Law Committee, Tort & Insurance Practice, ABA, Spring 2002

Author: Captive Insurance & Risk Retention Groups
Health & Wellness Magazine, Vol. 1, Issue 5

Trade Regulation:

Author: The Omnibus Trade and Competitiveness Act of 1988
Legal Notes, December 1988

Co-Author: U.S. - Canadian Free Trade Agreement
B. Blair Crawford and Greg E. Mitchell
Going International - International Trade for the Nonspecialist, March 1989

Co-Author: 1992 Ogre or Opportunity
Greg E. Mitchell and Mike Campbell
Pittsburgh is our Business, September 1988

Other Contact Info

Mobile

859.229.7851

Assistant

Angela Dragoo
Email
T 859.244.7513
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