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Frequently Asked Questions

To help you easily scan this page for questions that apply to you,
we have used bold print on the key words in each question.

Q Is it common in cell captive companies for each cell to have its own investment manager and investment guidelines? Or would it be more common for all cells to use the same investment manager and have the same guidelines as the core?
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Q Are captives or RRG's allowed in Connecticut? A:
Q What is a Reinsurance Captive and how is it used?
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Q Our company accrues about $700,000 in warranty expenses. Would it make sense to create a captive insurance company to insure these warranty expenses, and what types of benefits could we expect to see?
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Q Can captives be used for coastal property insurance? A:
Q It is my understanding that industry standard is to record a Letter of Credit as both an Asset and an Equity item (when the LOC is used to capitalize the captive). Is there any authorative guidance, pronouncement, interpretation, etc. that supports this "industry standard"?
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Q From an accounting company: What are the major business processes involved in a captive? Is there an audit program you are aware of for a captive company? A:
Q What benefit can on-shore holding companies provide to an off-shore insurance strategy? A:
Q How might construction managers utilize captives? A:
Q What software is used to file the Annual Statutory Report? A:
Q In a segregated cell captive, what effect is there on the rest of the captive if one cell goes insolvent? In other words, while the other cells are protected since they are independent of each other, how does the insolvency affect the sponsor company? Who assumes responsibility for the payment of claims after the company goes insolvent? A:
Q I work for a P&C carrier and we are considering the purchase of a "rent-a-captive" domiciled in Bermuda for our home builder associations. We would then offer to provide services to various contractor associations (and their members), thereby giving them all the benefits of insuring with a captive without the administrative hassles. Is it possible, or even likely, that such an entity could be a revenue generating move for the carrier AND a benefit for the association members? A:
Q How do hospital captives assist physicians with professional liability coverage? A:
Q What is the best on shore domicile to establish a segregated cell captive? A:
Q For captive management agreements, what specific service standards do you recommend should be included? (i.e. report preparation timeliness, turnaround time for emails & voice mails, processing of transactions, etc.)
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Q How much will a feasibility study cost -- high/low?
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Q An employer owned captive may insure employee benefits if a Prohibited Transaction Exemption is first obtained from the Department of Labor. Is a PTE required if the benefits are written through a rent-a-captive? Since the rent-a-captive is owned by a third party and the employer is not a party in interest, one would think a PTE would not be required.

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2nd Opinion:

Q What benefits can a captive receive from the fronting carrier? In, turn what other types of commission can a fronting carrier get by ceding back to the captive? A:
Q When a front policy is secured by a letter of credit how can stacking of letters of credit over several policy years be avoided? A:
Q What is the value of using a front for a captive over a direct writing risk retention group? I assume there are tough credit standards from the fronting carrier. Under that assumption, why have a commercial insured as a partner rather than write direct? A:
Q:

Is it possible to set up a captive with insurance agencies as the owners, to provide coverage for their own clients under this captive? What would be some questions to ask to start this process?

Other replies to this question:

Response #1: Hugh Rosenbaum (This is a full article on Agency Captives)
Response #2: Gary Osborne, USA Risk
Response #3: An anonymous Agency Captive Owner

A:
Q: What are the advantages and disadvantages of Risk Retention Groups vs. Captives? Which one is usually a more cost effective alternative?
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Q: With the rising cost of professional liability insurance (such as Directors & Officers Liability, Bankers Professional Liability, etc) are companies setting up captives for these types of coverages?
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Q: How long does it take from start to finish to get a Risk Purchasing Group operational and writing liability policies? A:
Q: What is the role of the insurance agent in developing a captive for a client? A:
Q: We are forming a captive to insure our own entities. Our captive insures a widget company with around $40 mil in revenues and a new widget manufacturing company we are forming. We want to know if anyone writes "excess" and "umbrella" insurance for the captive without going through a fronting company? A:
Q: Could you tell us what year Vermont adopted the requirement for insurers to file a Statement of Actuarial Opinion on their reserves? A:
Q: What is a sponsored captive? A:
Q: Where can I find information on employee benefits in captives? A:
Q: Do captives/'off-shore' insurers 'fail' at a greater rate than domestic (say US) insurers? What is the percentage of insurers that will fail (incorporate and ultimately cease writing new premium) in: All US, Bermuda, Cayman, and Vermont? Could one argue that the savings device that captives employ is avoiding paying claims through insolvency? A:
Q: Is it possible to form an association captive or agency captive and sell both property and liability for home and auto without using a fronting company? A:
Q: Are captives rated? Is there any way for a lender to determine the claims paying ability of a Captive? Is there any way to determine a Captive's Policy-holder surplus?

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Q: What does it take to form an "association captive" or some sort of entity that can sell employment practices liability insurance to employers generally? Is that possible? A:
Q: Can you provide further information regarding Regulation 114 trusts as an alternative to L.O.C.'s? Is Regulation 114 a Comerica Bank only account or an industry term? Any assistance you may provide would be greatly appreciated.

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Q: What do I need to know at the outset to help a group of physicians in South Carolina (and eventually other states) set up a Captive or Rent-a-Captive? The goal is to allow Physicians to manage their insurance risks and reduce taxes. A:
Q: Please explain the difference between a Protected Cell Company (Segregated Accounts) and a Rent-a-Captive. A:



 

 

 

captive and ART resources