On May 21, a panel of the Seventh Circuit Court of Appeals heard argument in Steidinger v. Blackstone Medical Services on whether text messages are covered as “telephone calls” in § 227(c)(5) of the Telephone Consumer Protection Act (TCPA). While questions asked by judges during oral arguments are no guarantee of how the court will ultimately rule, Judge Thomas K. Kirsch II and Judge Doris L. Pryor appeared skeptical of the plaintiff’s position that Congress intended “telephone call” to include text messaging in 1991. Judge Nancy L. Maldonado did not ask any questions. While we will need to wait for the decision, there is an excellent chance that the panel will hold that plaintiffs cannot sue over marketing text messages under § 227(c)(5), creating a potential circuit split with the Ninth Circuit’s opinion in Howard v. Republican National Committee that will need to be decided by the U.S. Supreme Court.

Read More Reading the Tea Leaves: Text Messages May Not Be TCPA Calls in the Seventh Circuit

Insurance regulators across the U.S. are responsible for protecting policyholders and consumers. It is therefore understandable that they are focused on the insurance industry’s business practices and how such practices may adversely impact consumers. Common areas of insurance department regulatory market conduct and investigatory interest include distribution, sales and marketing, policy administration and customer service, claims management, third party administration and delegated authority, data, technology and cybersecurity, and the use of data and AI in underwriting, pricing and claims. The upshot is that insurers, MGAs, TPAs, producers, and other insurance-related entities frequently face investigations and enforcement activity. Effectively dealing with insurance department enforcement actions requires highly specialized insurance knowledge and expertise as discussed in this publication.

Read More Protecting Your License and Your Brand: Strategies for Insurance Department Enforcement Actions

Industry veteran Andrew Norton was appointed by the Texas Department of Insurance (TDI) as captive insurance specialist in April 2026, following the departure of Robert Rudnai. Norton has more than 15 years of experience in the insurance industry and in this role will support the TDI’s regulatory oversight of Texas’ expanding captive insurance market.

Read More Andrew Norton Appointed Captive Insurance Specialist for the Texas Department of Insurance

In the ninth and final episode of Season 1 of our Surplus Lines 360 series, John Emmanuel and Zachary Lerner explore today’s hottest regulatory trends in the surplus lines market, including increased regulatory scrutiny through data calls, moratoriums, the rise of domestic surplus lines insurers, evolving diligent search requirements, and…

Read More Hot Trends to Watch

Welcome to the 26th edition of the Troutman Pepper Locke LLP Excess and Surplus Lines Law Manual. Updated for 2026, this edition reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year. You can use the links below to download a complete PDF of the manual or navigate directly to specific state or territory updates on our website. 

Read More 2026 Excess and Surplus Lines Law Manual

On April 20, 2026, the California Department of Insurance (CDI) announced that it has submitted its Intervenor and Administrative Hearing Bureau Fairness and Accountability rulemaking package to the Office of Administrative Law (OAL) for final review. CDI describes this package as the most significant modernization of California’s intervenor system since Proposition 103 was enacted in 1988.

Read More California Intervenor Reforms Move to Final Review as CDI Submits Proposition 103 Rulemaking

This article was originally published on Law360 and is republished here with permission as it originally appeared on April 7, 2026.

On March 17, after much debate in both the house and the senate, S.B. 1028, which establishes both an admitted and a surplus lines commercial risk clearinghouse, was enrolled…

Read More What New Fla. Citizens Bill Means for Surplus Lines Insurers

In the eighth episode of our Surplus Lines 360 series, John Emmanuel and Zachary Lerner explore the definition of “home state” under the Nonadmitted and Reinsurance Reform Act (NRRA) — how it applies, the complexities of group policies, and the nuances of exposure based on risk location.

Read More Home State Definition

Regulatory Landscape

In 2026, the NAIC Life Insurance and Annuities (A) Committee, chaired by Iowa and vice chaired by Michigan, is largely focusing on annuity sales practices, including annuity buyers guides, suitability, and annuity illustrations. Of particular interest to the life and annuity industry is the formation of the Life Insurance and Annuities Illustrations (A) Working Group (Working Group) chaired by Minnesota. The Working Group’s current charge is to “evaluate concepts for improving life insurance and annuity illustrations and disclosures, and consider revisions to relevant NAIC models or develop other guidance where feasible and appropriate.” The Working Group has asked for input on how to ensure that indexed annuity illustrations give consumers reasonable expectations, after regulators observed materials suggesting annual returns of 10–25% for multiple years. The comment record — including responses from industry trades, actuarial bodies, consumer advocates, and vendors — strongly suggests that current practices around indexed annuity illustrations and disclosures will be revisited. The Working Group is considering short-term and long-term approaches designed to ensure consumers receive reasonable expectations for indexed annuity returns at the point of sale.

Read More NAIC Signals Potential Tightening of Annuity Illustration Practices