Law360 Publishes Insurance Rebating Article by Shawn Hanson and Crystal Roberts

Law360 has published the article “Exploring 2 Different Approaches To Anti-Rebate Laws,” written by Akin Gump litigation partner Shawn Hanson and practice attorney Crystal Roberts. The article, which first appeared as an Akin Gump client alert, discusses the practice of rebating by insurance companies, using Louisiana and Washington state as examples.

Hanson and Roberts write that the practice of rebating has long been prohibited in nearly every state across the country. Despite this, it remains unclear what is permissible in each jurisdiction.

In Louisiana, Hanson and Roberts write, the Insurance Commissioner has said “that the state’s anti-rebating laws do not prohibit a person engaged in the business of insurance from giving things of value outside of a contractual arrangement when there is no insurance contract or relationship.” In Washington state, however, the Insurance Commissioner there “found that Washington anti-rebating and inducement laws prohibit a licensee, specifically California-based insurance producer Zenefits, from offering valuable software functions or other valuable benefits for free, or at less than fair market value, to the public.”

For more on the topic and to read the complete article, please click here.