Captive Insurance

Stevens & Lee has extensive experience 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, as well as the ongoing operational aspects of an alternative risk program.

We work with various alternative risk formats, including pure captives, group captives, protected cell companies, risk retention groups and self-insurance trusts. We have represented various parties to transactions, whether the organizer of a captive, a prospective member of a risk retention group, or the board of directors considering a fundamental transaction. We have also worked on transactions involving numerous different onshore and offshore domiciles.

Stevens & Lee is involved 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
  • Tax planning, including the special issues surrounding tax-exempt organizations
  • Drafting and review of essential documents, including corporate documents, offering documents, subscribers’ agreements and other reciprocal documentation, policy forms and reinsurance agreements
  • Licensing approvals
  • Special regulatory matters, including problems involving the registration of risk retention groups, approval of fundamental transactions and securing regulatory exemptions
  • Loss portfolio transfers
  • Disclosure issues surrounding insurance brokers

Stevens & Lee has particular expertise in the health care industry, where we have worked on behalf of numerous hospitals, physician groups and nursing homes to create captives or risk retention groups covering medical malpractice exposures.

We also have represented clients operating in other industries, including technology, real estate and construction, auto dealers, franchisors and financial services concerns. Stevens & Lee also has particular expertise in the formation of group and association worker’s compensation captive insurance programs, as well as state licensed worker’s compensation companies.

Stevens & Lee provides legal and consulting services in a number of jurisdictions in which captives are often domiciled. These include Vermont, the District of Columbia, Delaware, Bermuda and the Cayman Islands, among others.