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Alternative Risk Transfer

Our attorneys use techniques other than traditional insurance and reinsurance to provide your business with coverage.

We have established and worked with captive insurance companies in all major U.S. domiciles and many of the offshore domiciles including Bermuda, Cayman Islands, Barbados, and the U.S. Virgin Islands.

Ways We Can Help

  • Single-Parent (Pure) Captives: We have established pure captives in several domiciles for purposes of reinsuring the general liability risk of affiliated entities as well as the risk of members of a national association. We have also established several captives as part of a terrorism risk insurance program under the Terrorism Risk Insurance Act.
  • Group Captives: Group Captives can be useful for associations or existing groups of similar business entities. We have established several group captives to provide reinsurance for member risks.
  • Risk Retention Groups: We have established numerous risk retention groups in a variety of domiciles. The two most common types of insurance provided by the RRGs are medical malpractice and construction liability. All forms of commercial liability are possible.
  • Cell Captives: We have established many protected cell captives under the laws of the District of Columbia and other jurisdictions.
  • Non-Profit Captives: Our lawyers have established two nonprofit captives for religious entities and obtained the appropriate tax exemption for the provision of insurance as part of their exempt function.
  • Redomestications: We have redomesticated several captives from one U.S. domicile to another and from the Cayman Islands to a U.S. domicile.
  • Reinsurance: The reinsurance component of any captive program is always important. We have prepared a wide variety of reinsurance documents and reviewed and revised documents prepared by others. We represent clients in their disputes regarding reinsurance.
  • Taxation: Captive insurance company taxation (both income and premium) determines the nature of the captive program along with the selection of the domicile. Our lawyers have extensive experience in these matters.
  • Agents, Brokers, and Captive Managers: We represent numerous agents, brokers and captive managers regarding their legal issues. They are a primary source of referrals for us regarding the creation of captive and other group programs.
  • Representation of Regulatory Authorities: We have represented the District of Columbia on several insurance matters during the past few years. Skip Myers has served as Special Deputy Commissioner in two rehabilitations/liquidations and has been special counsel for the D.C. Insurance Administration on several occasions.