Captive insurance companies have long been used by large companies to provide risk management for their own business operations and to achieve capital preservation and growth. In addition, in more recent years, captives increasingly are becoming attractive to privately held businesses and high net worth individuals as a means of achieving wealth transfer and estate planning goals.
Durgin Otterson Bruzzone has many years of experience forming and structuring captive insurance and re-insurance companies. We are very familiar with the corporate, regulatory and tax issues affecting captives and their owners.
Our experience includes corporate planning and structuring of new captives, corporate governance issues affecting captives, documenting buy-sell and other relationships among owners, assessing the need for directors’ and officers’ insurance, negotiating arrangements with local agents in off-shore domiciles, negotiating and documenting fronting arrangements, drafting certificates of insurance and addressing the many other regulatory and operational aspects of captives.
We also are familiar with the many avenues of reinsurance open to captives and have negotiated and documented many reinsurance arrangements on behalf of captive clients.
We have formed captives in most of the major U.S. and off-shore captive domiciles, and have formed both single-parent and group-owned captive insurers. In addition, we have formed “segregated cell” captives for our clients, where each owner’s assets and liabilities are separate from other owners, so that, essentially, each owner has its own “captive within a captive”.
We routinely work with actuaries, CPAs, estate planners, large insurance brokerage companies and other consultants in addressing regulatory matters, risk assessment and business objectives. We review and comment on business plans and feasibility studies prepared by the client’s consultants, addressing the client’s historical loss experience, the market for available fronting insurance, capitalization requirements and potential revenue and costs.