Overview

Andrew Marcus is a Tallahassee regulatory attorney who focuses on insurance and administrative law.

Mr. Marcus has a deep understanding of Florida and federal laws regulating the insurance industry. He represents and advises insurers, insurance producers, healthcare providers, third-party administrators (TPAs) and other related clients concerning corporate and regulatory matters as well as in front of state and federal government agencies.

Mr. Marcus is well-versed in insurance law. He also provides comprehensive legal and strategic advice relating to commercial insurance products and compliance. He has experience with product and rate filings, market conduct and financial examinations, financial filings, and licensing and merger applications. He frequently represents clients in front of the Florida Office of Insurance Regulation.

In addition, Mr. Marcus is experienced in administrative law, representing a variety of clients in front of government agencies, including Florida's Department of Financial Services, Office of Financial Regulation, Department of Health, Department of Business and Professional Regulation, Department of Agriculture and Consumer Services, and Division of Administrative Hearings, as well as the federal Transportation Security Administration (TSA).

Before entering private practice, Mr. Marcus was the deputy director, life and health product review – legal affairs, and assistant general counsel at the Florida Office of Insurance Regulation. As a deputy director, he worked closely with staff to review product filings and rate requests. As an assistant general counsel, he also worked on numerous litigation and regulatory issues dealing with all kinds of insurance.

Mr. Marcus also is highly experienced regarding the Patient Protection and Affordable Care Act (ACA). He was the primary attorney assigned to issues arising out of the implementation of the ACA. He participated in a working group of Florida agencies that was responsible for the implementation of the ACA in the state.

Before his time at the Office of Insurance Regulation, Mr. Marcus was a Florida state prosecutor for more than two years.

In addition, Mr. Marcus has represented a wide range of clients in complex civil litigation matters. He has litigated numerous cases, including rule challenges, decisions affecting a person's substantial interests and trade secret cases. He also has conducted more than 40 jury trials.

Experience

  • Provides regulatory, transactional and litigation legal services related to the business of insurance
  • Represented numerous third-party administrators in licensing matters, including one case in which, after a third-party administrator unsuccessfully attempted to obtain a Florida license twice on its own, Mr. Marcus successfully navigated the administrator through the regulatory process to obtain a Florida license for the entity
  • Assisted a health maintenance organization in successfully receiving the expedited review of its certificate of authority application in time to meet federal deadlines
  • Assisted in drafting a regional health maintenance organization's first Corporate Governance Annual Disclosure
  • Represented clients in trade secret litigation in Florida Circuit Court
  • Provided legal advice to insurance companies and financial institutions regarding credit agreements and stock purchase agreements in the insurance industry
  • Reviewed and analyzed a company's general liability policy in context of the company's specific industry
  • Assisted several conglomerates in the licensure and operations of subsidiary insurance agencies
  • Represented an insurance agency in front of the Florida Department of Financial Services in connection with a disciplinary action against it
  • Advised a discount medical plan organization regarding recent legislative updates to laws regulating such organizations
  • Provided an analysis of various states' insurance laws relating to service warranties
  • Reviewed a financial institution's proposed financial services product for compliance with the Statements of Statutory Accounting Principles
  • Provided legal advice regarding Securities Lending Agreements to a financial institution
  • Represents continuing care retirement communities in a variety of legislative and regulatory matters
  • Represented and advised an innovative insurance producer platform in its 50-state compliance program

  • Represented a multinational claims and engineering firm in front of the Florida Board of Professional Engineers and Department of Business and Professional Regulation after the Department received complaints from a former employee of the firm; successfully obtained a complete dismissal of the complaints
  • Represented a fire protection systems company in front of the Florida Department of Financial Services and State Fire Marshal regarding disciplinary matters
  • Represented a physician in front of the Florida Department of Health as the agency was attempting to revoke the physician's license, successfully earning a case dismissal from the Board of Medicine
  • Represented an investment advisor in front of the Florida Office of Financial Regulation in a license and disciplinary matter; successfully obtained a dismissal of the charges against the advisor

  • Led the rule development of a standardized prior authorization form and corresponding regulation to be required for use by Florida health insurance issuers and Medicaid plans
  • Represented the Florida Office of Insurance Regulation in its review of insurer applications for licensing, mergers and acquisitions
  • Responded to inquiries from Florida guaranty associations, including the Florida Insurance Guaranty Association (FIGA) and Florida Life & Health Insurance Guaranty Association (FLAHIGA)
  • Extensively reviewed provisions of Florida and federal laws and their relationships to the Florida Insurance Code and trained agency staff accordingly
  • Participated in a working group of Florida agencies responsible for the Patient Protection and Affordable Care Act's implementation in the state
  • Participated in an extensive investigation of several insurers regarding the pricing methodologies of certain medications
  • Led investigations that resulted in penalties of more than $600,000 to insurers pursuant to market conduct examinations
  • Represented the Florida Office of Insurance Regulation in administrative litigation in front of the Department of Administrative Hearings, including the Office of Insurance Regulation's last two rule challenges
  • Litigated trade secret cases relating to insurance filings in Florida Circuit Court.
  • Represented a health maintenance organization in the review of its Risk Adjustment Assessment by the U.S. Department of Health and Human Services

  • Litigated numerous cases where trade secret claims were alleged on documents filed with the Florida Office of Insurance Regulation
  • Represented a Native American tribe that exercised judgment against a delinquent debtor
  • Represented clients in complex civil litigation matters

Credentials

Education
  • Florida State University College of Law, J.D.
  • University of Florida, B.A.
Bar Admissions/Licenses
  • Florida
Memberships
  • The Florida Bar, Governmental and Public Policy Advocacy Committee
  • Veteran Events Tallahassee Inc., Legal Advisor

Publications

Speaking Engagements

News