Self-Insurance and Captives

Crowell & Moring lawyers have experience working with clients in the evaluation, design, and implementation of self-insurance and captive programs, including formation and counseling of tax-efficient single-parent and group captive insurance companies in the U.S. and throughout the world.

Bringing to bear deep experience in the legislative, regulatory, tax, corporate and reinsurance components of the self-insurance and captive discipline, we provide important insight into the advantages and disadvantages of various alternative approaches to risk financing and management. Our offerings include the review and analysis of a client’s commercial insurance programs, design of potential internal self-insurance options, and structuring/implementation of comprehensive captive insurance alternatives.

In addition, our deep involvement with the commercial insurance and reinsurance markets allows us to design and implement reinsurance programs that seamlessly complement the underlying captive programs that have been put in place.

Over the years our lawyers have handled self-insurance and captive projects in the following representative areas, among others:

  • Working with the risk managers of Fortune 500 companies in the structuring of internal self-insurance programs to assume portions of their crucial corporate property and liability coverages.
  • Advising a group of financial institutions in the structuring, formation and ongoing counseling of a group liability insurance company.
  • Advising a Fortune 50 company in the reinsurance of its employee benefits exposures in a wholly owned captive.
  • Advising a group of energy industry companies in connection with a group liability insurance captive.
  • Working with a group of healthcare industry entities on the formation and counseling of a self-insurance facility to support a concierge medicine program.
  • Representation of a group of international auditing firms in counseling their group-owned professional liability captive.
  • Design, formation and counseling of numerous risk retention and purchasing groups serving the corporate members of various U.S.-based industries.