Captive Insurance

Team

Our team is comprised of corporate, transactional, and other attorneys experienced in the formation and regulation of captive and traditional insurance companies.  We regularly assist Departments of Insurance by suggesting, drafting, and advancing statutory and regulatory amendments and Department guidelines (and perspective to anticipate the impact of those amendments and guidelines on captive insurance companies and their owners and insureds).

Our clients span many different industries across the country

We help our clients determine how a captive insurance company might help them reach their goals, and we advise clients regarding the options for structuring their captive in order to maximize the benefits of a captive.  Our clients who own captives include companies in the following industries:

• Healthcare (Hospitals and Physicians)
• Manufacturing
• Construction
• Real Estate
• Transportation
• Retail
• Banking and Finance
• Entertainment
• Insurance

Experience to navigate the maze of formation, license applications, statutes, and regulations important to captives 

We actively participate in captive industry trade associations and work face-to-face with our clients, insurance regulators, and other insurance industry service providers to help us maintain very good working relationships.

We help you form, license, and operate your captive, and anticipate future needs 

• Captive insurance company formation, including drafting incorporation and formation documents according to the requirements of the captive’s domicile
• Captive insurance company licensing, including drafting the captive insurance company application and plan of operation, or assisting the client or captive manager in doing so
• Redomestication of captive insurers from one domicile to another
• Fundamental transactions of captive insurance companies, including conversion of mutual insurers to stock insurance companies and formation and administration of reciprocal insurance exchanges
• Representation at meetings with the Departments of Insurance, generally required in the captive’s domicile prior to licensing
• Contract drafting and review of agreements that impact captive insurance companies, including surplus notes, loss portfolio transfer agreements, and captive management agreements
• Insurance Holding Company Regulatory Act compliance for captive risk retention groups through drafting and coordination of:
  • Approval of acquisitions of risk retention groups through the Form A process
  • Annual insurance company registration process, including submission of Form B,  Annual Registration Statement; Form C, Changes in Annual Registration Statement; and Form F, Enterprise Risk Management
  • Submission and regulatory approval of material inter-company transactions on Form D, Prior Notice of a Transaction
  • Submission of disclaimers of affiliation
• Monitor insurance legislation and regulation to be aware of changes and proactively inform our clients
• Corporate governance,  including providing counsel regarding shareholder, member, or subscriber issues; drafting documents for insurance companies to hold annual meetings of shareholders, members, or subscribers, including proxy statements and facilitating the proxy voting process; and serving as counsel to clients at annual meetings

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Served as regulatory counsel to more than 50 captive insurance companies
• Advised on redomestication of domestic and offshore captive insurance companies