David Harbaugh

Partner

Morgan Lewis

Office Phone:

(215) 963-5000

Direct Phone:

(215) 963-5751


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Bio

With more than three decades of insurance industry experience, David Harbaugh represents clients in insurance compliance and statutory reporting matters, including insurance holding company regulation, reporting and approval applications, Own Risk and Solvency Assessment (ORSA) reporting, and investment rule compliance, and in state administrative enforcement proceedings. Working with commercial insureds; insurers, reinsurers, and self-insurers; HMOs; insurance holding companies; captive insurers; and insurance producers, he advises clients on insurance transactions, including mergers and acquisitions, indemnity and assumption reinsurance, and joint ventures. David’s work on insurance transactions also includes outsourcing, fronting arrangements, marketing and distribution arrangements, captive formation, and self-insurance programs. He also regularly assists clients in the development of national business plans and the expansion of business models to new jurisdictions. David counsels clients on Insurance Holding Company System Regulatory Act and ORSA compliance, and he has represented clients with respect to Form A, Form B, and Form D filings and exemption requests before a number of insurance departments across the country. David also has represented clients in state regulatory enforcement actions, including one matter that involved the successful negotiation of settlements with 41 different insurance departments. Clients that value David’s more than 25 years of insurance insolvency experience turn to him when facing insolvency proceedings. David assists clients with the development of rehabilitation plans, workout transactions, and the prosecution of contested proofs of claim. For example, David represented the successful bidder for the assets and in-force insurance business of Executive Life (a $4.5 billion insurance insolvency), and was one of the principal drafters of the Executive Life rehabilitation plan. David also represented the Connecticut Insurance Commissioner in the design, development, and approval of the rehabilitation plan for Covenant Mutual Insurance Company. Most recently, he represented the successful bidder for the Medicaid managed care business and facilities of the DC Chartered Health Plan (in rehabilitation) in a court-approved sale.

Education