When North Carolina’s captive insurance programme began seven years ago, regulators promised flexible, timely regulation that would help new captive insurers form and flourish. North Carolina’s regulators have delivered on their promise, says Barry Smith of the North Carolina Department of Insurance.
In late 2018 the National Risk Retention Association, frustrated by difficulties its members experienced when registering to do business in several non-domiciliary states, petitioned the National Association of Insurance Commissioners for assistance. Jon Harkavy of Risk Services examines the current state of play.
HR professionals are often leaders in workplace violence prevention initiatives. They have a special duty to advance proper prevention initiatives within their organisations, says Paul Marshall of McGowan Program Administrators, in the second of a four-part series about the impact and aftermath of an active shooter event.
Quest is one of the best-known captive service companies in Bermuda and the US and has been forming and managing single parent, group, and association captives since 1979. Jeff Kenneson of Quest Captive Management talked to Captive International about Quest’s business and the trends he is seeing in the market.
Insurance tends to be viewed as a contract, but in reality the choice between one insurance policy and another is more like the one a shopper makes when considering which of two widgets to buy, and that could have profound implications for legal disputes, says Matthew Queen of Venture Captive Management.
A series of high-profile victories in court for the IRS over 831(b) captives has tarnished the reputation of these structures, but they do not deserve their shady reputation, as Jeremy Colombik of Management Services International told Captive International.
There have been a number of high profile fights between states and captives in recent years, including Johnson & Johnson v New Jersey, Stewart’s Shops v New York and Microsoft v Washington. If these cases haven’t grabbed your attention you need to wake up, says Gary Osborne, vice president at Risk Partners.
RRGs are regulated by the state in which they domicile, and are free to do business in other states, but many non-domiciliary states are operating well outside the scope of the law, says Jon Harkavy of Risk Services.
Captives are still domiciled in physical jurisdictions and regulated by real people, but for how much longer? In the future, regulation could be provided by sophisticated and fully autonomous websites, reducing costs and increasing efficiency, says Matthew Queen of Venture Captive Management.
Captive insurance companies have played an integral role in bringing ERM to the middle market, and enterprise risk captives have been hotbeds of innovation, finding new ways to price unusual risks, says Andrew Rennick of Womble Bond Dickinson.