Overview

Kevin G. Fitzgerald is a partner and insurance lawyer with Foley & Lardner LLP. His practice is concentrated in the fields of corporate and regulatory insurance law, insurance insolvency, premium taxation, privacy legislation, captive insurance matters, agent and agency licensing and reinsurance transactions. He is a member and former chair of the firm’s Insurance & Reinsurance 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.

Education

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).

Admissions and Professional Memberships

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 and the Florida Bar. He is a member and former president and CEO of the Federation of Regulatory Counsel. Mr. Fitzgerald was admitted to the Wisconsin Bar in 1987 and The Florida Bar in 1994.

Recognition

Mr. Fitzgerald has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system. The Legal 500 recognized Mr. Fitzgerald for his work in the area of insurance: advice to insurers (2011 - 2013) and insurance: noncontentious (2011 - 2013, 2015 and 2016). He is also listed in the current edition of The Best Lawyers in America© and was named the 2013 Milwaukee Insurance Law “Lawyer of the Year” by Best Lawyers®. In 2014, International Law Office and Lexology recognized him with a Client Choice award. Mr. Fitzgerald was listed in the 2015 Expert Guides: The World’s Leading Lawyers Chosen By Their Peers for his work in insurance and reinsurance.

Selected Publications

  • “Fair Discrimination and Pricing in Multichannel Insurance Marketing,” SNL Insurance Daily, August 17, 2015
  • “The CoOpportunity Liquidation and the Future of Affordable Care Act CO-Ops,” Bloomberg Health Insurance Report, 21 HPPR 28, April 2015
  • "The Right Prescription? Should Your Company’s Medical Benefits be Insured Through a Captive Insurance Company?," Bloomberg Law Reports – Employee Benefits, Vol. 4, No. 13, June 2011
  • "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
  • "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
  • "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
  • "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

Selected Presentations

  • "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
  • "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
  • "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

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