Captive Insurance

As a captive insurer, it is imperative to have quick access to resources that understand the legal complexities of federal and state regulations, corporate governance, entity selection, securities laws, domicile selection and more.

Vermont is the leading U.S. domicile for captive insurers and risk retention groups (RRGs), and Downs Rachlin Martin has been at the forefront of the U.S. captive insurance industry for 30 years.

The state of Vermont became a leader by passing enabling legislation in 1981, thus providing important “on-shore” opportunities for American businesses and associations. Downs Rachlin’s insurance group realized the significance of this enabling legislation and immediately responded with advice to assist captive insurance companies with formation and operational issues. Downs Rachlin has expanded its practice in recent years to represent captives in many domiciles.

Downs Rachlin Martin’s captive insurance team informs clients about choice of entity, operational issues, developments under legislation such as the Federal Risk Retention Act, the Terrorism Risk Insurance Act (TRIA), and the Nonadmitted and Reinsurance Reform Act of 2010 (enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010), as well as complex coverage, claims-handling or defense issues that can arise.

Our captive insurance clients seek advice on all aspects of their operations, including organizational matters for start-up companies, how to adapt or take full advantage of changes in federal and state regulations and sophisticated risk transfer matters for established entities. Using the right resources drawn from the comprehensive legal services offered by Downs Rachlin Martin, we help clients solve both simple and complex problems involved in all aspects of the insurance industry:

• tax, regulatory and legislative matters
• corporate governance
• entity selection: stock, mutual and non-profit corporations; LLCs; reciprocal exchanges
• securities laws
• domicile selection
• reinsurance matters
• coverage and defense matters
• policy language
• claims-handling procedures
• reciprocal formation and the role of the attorney-in-fact
• sponsored captives with segregated cells
• other routine issues involving alternate risk transfer mechanisms