Timothy J. Moroney

Timothy Moroney is a partner in Barger & Wolen’s San Francisco office. Since joining the firm in 1999, Mr. Moroney has worked on a wide range of sophisticated business and insurance litigation and regulatory matters in both state and federal courts 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, 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, 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.

He frequently serves as a guest speaker at conferences and seminars to discuss privacy related topics.

Mr. 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.
• 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.
• Represents 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.