Tim Moroney
Mr. Moroney has more than 19 years experience working on a wide range of sophisticated business and insurance regulatory and compliance issues across the United States.
Tim Moroney spent 13 years in the Insurance Regulatory and Compliance Practice Group in the San Francisco office of Barger & Wolen LLP, a boutique insurance law firm. Mr. Moroney has more than 19 years experience working on a wide range of sophisticated business and insurance regulatory matters across the United States.
Mr. Moroney’s practice focuses on insurance regulatory issues before all state insurance departments, with particular expertise advising insurance companies, insurance agencies, technology companies, banks, lenders, telematics companies, broker-dealers and various other financial institutions in connection with privacy and data security requirements including collection and use practices under the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), the Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH) and state laws. His expertise often involves an evaluation and mitigation of privacy and data security issues with a focus on balancing risk and commercial interests.
Mr. Moroney regularly advises all types of insurance entities (insurance companies, agents and brokers, technology companies, life settlement providers, administrators (TPAs)), warranty/extended service contract providers, and motor clubs on matters including entity formation, licensing, mergers, acquisitions, reinsurance transactions, captive insurance programs, administrative actions, product development, financial and market conduct examination (including multi-state examinations), holding company transactions and filings, policy form and Prop 103 rate filings, Patient Protection and Affordable Care Act (PPACA) issues and other regulatory compliance issues involving all aspects of sales and advertising practices.
For the past three years, Mr. Moroney has served on the board of the Western Chapter of the Association of Insurance Compliance Professionals (AICP) and most recently served as its President and serves on its Membership Committee.
He frequently serves as a guest speaker at conferences and seminars to discuss insurance regulatory privacy related topics.
Education
- University of the Pacific, McGeorge School of Law, J.D., with distinction, 1997
- Member, Pacific Law Journal (1995-1996)
- University of California, Davis, B.A., 1992
Professional Memberships
- The State Bar of California
- The Bar Association of San Francisco
- Association of Insurance Compliance Professionals
Moroney’s representative matters include:
- Advise insurance companies, banks and other financial institutions with regard to many financial privacy, data security and HIPAA issues, including but not limited to the creation of privacy notices, collection and use practices (including use of telematics in insurance transactions), joint marketing arrangements, vendor and business associate agreements, safeguarding programs, and customer notification programs relating to security breaches.
- Represents large software company in connection with insurance operations and programs for its small business software suites and platforms – dealing with pay-as-you-go workers’ comp programs, health insurance programs, 401k products and more.
- Represents peer-to-peer ride sharing transportation network company in connection with insurance program and risk issues.
- Represent Bermuda-based holding company in connection with forming California domestic property & casualty insurer, including drafting all definitive agreement.
- Advise entity and assist with application relating to start-up and solvency loans from U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) in order to become a Consumer Oriented and Operated [Health] Plan (CO-OP) under the Patient Protection and Affordable Care Act (PPACA).
- Represented large insurer with regulatory filings in California related to securitization of approximately $3 billion block of life insurance policies.
- Represented lender with structure of program of non-recourse premium finance lending in connection with the purchase of life insurance and eventual sale in secondary market.
- Represented large Bank with regulatory filings necessary to disclaim control of insurer in connection with Bank’s acquisition of 17% of the outstanding share of stock of large holding company with insurance company subsidiary.
- Represented a large oil company with the structure for its $30 million sale of its wholly-owned subsidiary motor club.
- Represented numerous insurance companies in numerous actions across the United States involving liability coverage under multiple layer primary and excess insurance programs covering environmental contamination and toxic torts/ exposures at thousands of sites across the United States, Canada, and the United Kingdom.
Articles & Publications
- Regulation and Operation of Carriers – Insurance Carrier Operations (Revised), California Insurance Law and Practice, Chapter 4 (LexusNexus Matthew Bender August 2011).
- “Do Not Track” and Telematics
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, April 04, 2012) - FTC Issues Best Practices Guide to Protecting Consumer Privacy
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, March 28, 2012) - Workshop held by California Department to Discuss Contemplated Changes to Life Settlement Regulation
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, March 09, 2012) - Agreement with California Attorney General May Set Floor for Privacy Protections for Users of Mobile
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, February 24, 2012) - California’s Reader Privacy Act: What Every Bookseller Must Know
On January 1, 2012, the California Reader Privacy Act went into effect, impacting all book sellers in CA.
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, February 21, 2012) - California’s Reader Privacy Act: What Every Bookseller Must Know
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, February 21, 2012) - New California Security Breach Notification Requirements Set Standard for Notification Letters
SB 24 provided for standard core content for notification letters effective January 1, 2012
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, January 27, 2012) - Appleman on Insurance Law Library Edition, Chapter 15 Regulation of Insurance Intermediaries (LexisNexis 2009) (contributing author)
- California Privacy and Unfair Competition Laws in the Wake of Prop 64, Paper Delivered at the Association of Life Insurance Counsel 2005 Annual Convention
- Identifying and Using Insurance Coverage in Business Litigation, CEB March 2002 (Contributing Author)
