Morris, Manning & Martin is nationally known for its Alternative Risk Transfer practice.  Headed by Robert “Skip” Myers, the lawyers in this practice 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. 

Prior to joining the firm, Mr. Myers was Washington counsel for the National Association of Insurance Commissioners from 1983-1987.  During this period, Congress passed the Liability Risk Retention Act.  Mr. Myers is now the outside General Counsel for the National Risk Retention Association and he frequently makes presentations to industry conferences and NAIC working groups.

The following are sample Alternative Risk Transfer projects:

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 two cell captives under the District of Columbia protected cell law.

Non-Profit Captives

Our lawyers have established two non-profit 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.