Stevens & Lee : Areas of Practice : Captive Insurance

Stevens & Lee's captive insurance practice group is involved in evaluating, structuring and forming captive insurance companies and other risk financing vehicles. We provide legal counsel in connection with the design and implementation of alternatives to traditional commercial insurance, and have represented investors and organizers in forming captive insurance companies, risk retention groups and self-insurance trusts.

Recently, much of our focus has been on the health care industry, where we have worked on behalf of physician groups and nursing homes to create risk pools covering medical malpractice exposure, and have worked with a number of Pennsylvania hospitals in forming self-insurance trusts. In addition to health care, we have represented other types of businesses and organizations, including auto dealers, franchisors and financial services concerns.

Our captive insurance professionals include lawyers experienced in all aspects of the following:

Domicile analysis
Effective structuring of a program, including selecting the appropriate form of entity and advice on corporate governance and securities law requirements
Drafting and review of essential documents, including corporate documents, offering documents, subscribers' agreements and other reciprocal documentation, policy forms and reinsurance agreements
Licensing, approvals and other regulatory matters
Tax planning, including the special issues surrounding tax-exempt organizations

Stevens & Lee maintains an office in Charleston, South Carolina, to assist clients and other service providers in licensing under that state's laws. South Carolina provides favorable legislation and established infrastructure to support the captive insurance industry. Our Charleston office is headed by a 20-year veteran of the insurance industry.

In addition to supporting our clients' transactional and regulatory needs in the captive insurance arena, a number of Stevens & Lee attorneys are experienced in risk management and loss control. This allows us to assist captive insurers or self-insured organizations in creating and administering effective loss control programs that take into account how claims are valued in the legal system.

To learn more about Stevens & Lee's captive insurance practice, contact Scott H. Spencer at 717-399-6634 or shs@stevenslee.com, Scott C. Penwell at 717-255-7358 or scp@stevenslee.com or Steven D. Dyer in South Carolina at 843-577-6040 or sdd@stevenslee.com.