Captive Corner: VCIA Interview Series, 2. Jamie Feehan

Captive Corner: VCIA Interviews Industry Experts

Jamie Feehan, Government Relations Director and VCIA Legislative Advocate at Primmer Piper Eggleston & Cramer PC

primmer.com / Primmer Piper Eggleston & Cramer LinkedIn Page

Jamie Feehan is a dear friend of the VCIA and plays a major role in our legislative efforts on the state level. For this year’s Legislative Day, he kindly answered some questions so VCIA Members could get to know him and how he supports their captive interests. We now publish Jamie’s interview in its unabridged form, which details how a captive bill is put into law. As of this writing, the 2023 Vermont captive bill is pending but anticipated to be signed into law by Governor Phil Scott without any issue.

Thank you for all the great work you do, Jamie!

Can you introduce yourself and share a bit about your background?

I am Jamie Feehan, and am the Government Relations Director at Primmer Piper Eggleston & Cramer PC, a Burlington firm. I am the firm’s lead lobbyist on behalf of our clients that have an interest in Vermont legislative and regulatory matters. I’ve been with Primmer and its previous iterations for about 25 years. Prior to that, I worked on Capitol Hill for a Congressman from Maryland for several years. I have also done political campaign work for that Congressman and for others here in Vermont.

What is your relationship to VCIA and how do you support the association?

I have been working with the VCIA on its Vermont legislative and regulatory initiatives for most of the time I’ve been at Primmer. That includes working with Kevin and his predecessors, the VCIA Board and its Legislative Committee.

Members highly value legislative advocacy. Can you share why it’s so important and what goes into it?

Vermont is the country’s leading domicile for captive insurance and among the world’s leaders. Reaching that point is not without effort and there are many reasons for that success, including legislative advocacy. This includes annual captive insurance legislation that continuously adds new features and tools to the captive statutes, or down to the basic amendments to existing law that make the law operate more smoothly for captives and practitioners. The Vermont Legislature understands how important the captive industry is to Vermont, and that there are other domiciles that would like to have similar success, even at the expense of Vermont. Getting the Legislature to have that understanding is the result of the efforts of the VCIA and DFR in educating legislators of all political stripes on what captive insurance is, and what it means to Vermont. This may be tied to legislative initiatives, VCIA Legislative Days, and more. This educational effort and advocacy is continuous as the faces in the Legislature change, and as the captive insurance industry evolves.

Why is VCIA’s Legislative Day an important process of legislative advocacy on the Vermont state level?

It really ties to the educational effort the VCIA undertakes to help position the captive industry for success in the Legislature. It is our chance to put a face on the industry through attendance by captive owners, management folks, attorneys, and others in the industry – who can each explain how captive insurance plays a role in their professional lives. Moreover, it is a chance for legislators to see and hear of examples of captive owners, the reason a captive was formed, the types of business put through the captive, and the reason Vermont was chosen as a domicile. Most legislators will not know what a captive insurance company is or does, but they (hopefully) learn enough from interactions on Legislative Day, and through their colleagues on committees that dive deeper into captive insurance, that it is something they should embrace and continue to foster.

Vermont is the country’s leading domicile for captive insurance and among the world’s leaders. Reaching that point is not without effort and there are many reasons for that success, including legislative advocacy. This includes annual captive insurance legislation that continuously adds new features and tools to the captive statutes, or down to the basic amendments to existing law that make the law operate more smoothly for captives and practitioners. The Vermont Legislature understands how important the captive industry is to Vermont

There are a lot of new faces in the Vermont House and Senate this year.  What implications does that have for the VCIA and how we represent the interests of members?

Vermont is a citizen legislature made up of folks who either have the time and flexibility to serve, or take a leave from their job to serve while the Legislature is in session – and frankly throughout the year. This model doesn’t necessary promote the “career” politician and results in frequent turnover among the 180 members. Through a confluence of events, a third of that 180 is new this session. For that reason, the VCIA needs to double-down on its educational and outreach efforts with the Legislature and its members to again position ourselves for success with the new Legislature.

Can you share what kind of captive developments you expect to see in the State for 2023?

I could probably characterize the amendments to the captive law under consideration this year as largely technical or housekeeping in nature. Nevertheless, they do represent the constant tweaks I referenced that keep Vermont’s laws fresh and operationally smooth. They also give the Legislature exposure to captive insurance in the form of legislation. The Legislature has come to understand they are an important cog in Vermont’s success story by being responsive to legislative needs of the industry and regulators. In fact, the veterans there have come to expect annual legislation. Plus, you never know. There’s always time for more significant initiatives to be introduced while the Legislature is in session!

Notes from The NAIC Spring National Meeting

To keep up to date and foster mutual good will, VCIA maintains many relationships with associations related to insurance and captives, specifically. One such prominent organization is The National Association of Insurance Commissioners (NAIC), which was founded in 1871 (!) and serves as standard-setting organization for the chief insurance regulators from all 50 states. NAIC offers informed expertise, data, and analysis for “insurance commissioners to effectively regulate the industry and protect consumers.” I attended the NAIC Annual Spring Meeting, this year in Louisville, and report back with some interesting findings.  

You may ask, why did I attend the NAIC Meeting? Simply put it is important that we stay on top of the activities of this group as they directly impact the way in which captives and RRGs operate within the broader insurance markets that the group is concerned with. Now, onto my findings.

First off, this meeting is HUGE!  So big that despite the fact that the Vermont DFR had a delegation there, I only saw them from a distance! 

Second, there is great information provided that is well-researched over a long period of time and has quite an impact on different insurance sectors. For example, in 2021 private residential flood policies issued were up 29% in number over 2020.  While the impact on this is primarily within the consumer sector, the businesses around where the consumers live are subject to the same climate-driven risks, and it serves as a reminder how interconnected insurance can be to different entities.

Third, we get early warning as to future direction for the NAIC and what this might do for captives.  An example of this was seen in the Financial Regulation Standards and Accreditation (F) Committee and their work on the group capital calculation (GCC).  There were a number of comment letters considered at this meeting and a revised GCC will be up for adoption at the Summer National Meeting of the NAIC, with a recommended adoption date of 1/1/2026. VCIA will keep monitoring this and share any news with members as it develops.

Finally, as with all quality conferences, I developed some personal connections that will prove valuable to VCIA and its members. I had several discussions with insurance company general counsels, NAIC staff members and others as we explored matters of mutual interest.

Thank you Jeff Klein for your guidance at NAIC!

I was also fortunate to have Jeff Klein as my chaperone!  Jeff is the VCIA’s representative on NAIC matters and reports back monthly to our Legislative Committee. We continue to be proactive in anticipating captive needs and challenges, and our ability to have the Legislative Committee and members informed, thanks to Jeff and so many other diligent folks, assures that the future directional intent for regulation is in safe hands!

Captive Corner: VCIA Interview Series, 1. Joe Carter

Captive Corner: VCIA Interviews Industry Experts

Joe Carter, VP of Business Development and UE Experience at United Educators, and VCIA Board Member

ue.org / @UnitedEducators / United Educators LinkedIn Company Page

United Educators is a reciprocal risk retention group that provides the insurance coverage needs of more than 1,600 members ranging from large university systems to small, independent K-12 schools. Joe Carter’s responsibility is to set the strategy for UE’s growth. This includes planning the business development and distribution strategies that ensure success. He is also responsible for teams that manage UE’s brand and constituent experience strategy, the Voice of Constituent (VOC) program, digital experience, member support, marketing, and communications. Joe recently was elected to the Board of Directors at VCIA, and we sat down with him to ask a few questions.  

1. Tell us how you got involved with insurance and risk management. How did you come to UE?   The early days in my professional journey were rooted in large commercial insurance companies with fantastic training programs for new employees. I began by handling first and third-party claims in an environment best described as “rapid fire” for America’s second largest insurance company at the time. I had the rare opportunity to rotate through other functions of the company including underwriting, risk management consulting, front-line sales management, and leadership coaching. Then I started an independent insurance agency/brokerage that I grew and sold to a larger agency owned by a regional bank. After a couple of additional executive leadership roles, I found this wonderful Risk Retention Group (RRG) captive that focused on education, a sector that I think is so important to our world. Joining United Educators was a chance to apply all my experiences to lead UE’s business development strategy, marketing, and member experience – a home run opportunity for me.  

2. UE is celebrating its 35-year anniversary. What do you provide your members?   We continue to deliver the third-party liability coverages that drove our creation by educational institutions in 1987. A significant part of our work is delivered well before any claims call comes in. We research and build training, loss prevention courses, and risk management tools that not only help prevent bad things from happening, but also help institutions prepare for bad things that are likely to happen. We are proud that these risk management resources are highly valued and utilized by educational institutions. Our resolutions team partners with institutions as soon as there is a concern about a potential claims matter. They help strategize early, while taking a Cool Head, Warm Heart® approach to resolving claims that recognizes the value of the relationships our members have with their students, staff, and communities.  

All captives need to focus on their differentiation from commercial markets and think hard about why they exist. There needs to be a shared understanding about what captives are really accomplishing for their owners. I believe captives have a unique opportunity to help owners to see risks that lie ahead using trends from a purer set of data and experience.  


3. What have you seen in the time you have been there? Can you tell us a little about the culture at UE?    There are many liability lessons from education claims over the 35 years: preparation is as important as seeking prevention, active and early intervention usually is more effective than the “wait and see” tactics we’ve seen used by other carriers, and treating claimants with respect and empathy is an important part of loss mitigation, to name a few. Our culture is shaped by being member-owned. We’re serving members amid upheaval of the education sector, market fluctuations, and skyrocketing claims and defense costs. Enjoying a personal connection to our members drives an ethos of excellence in member service.  

4. What are some of the challenges you see today for your members and what innovations is UE bringing to them to meet those challenges? We see several challenges that have been pervasive with new ones emerging. In recent years, we’ve monitored how demographic shifts are affecting enrollments and the top lines for many institutions. And we all think about the financial and operational risks going forward for tuition-dependent institutions. There are also real concerns about keeping campuses operating as healthy and safe environments for in-person learning. Most campuses, including K-12 sites, are concerned about student mental health for good reasons. And many are concerned about employee mental health as we transition through the next phase of this pandemic. And there is the ever-present challenge that all employers face in managing risks such as employment and misconduct issues involving high-profile and highly-valued employees. In the education arena, these include coaches, researchers, faculty, presidents, or trustees. UE’s risk research and resolutions teams work constantly to develop useful tools that help break these complex exposures down into tactical and useful programs that help campuses effectively plan and train administrators, employees, and students on staying healthy and safe.  

5. What are some of the challenges facing UE as an organization and the captive insurance/RRG industry as a whole?   UE faces many of the same challenges that most providers do. We are seeing loss inflation that goes beyond just a rise in the average cost of a claim or even a category of claims. The rise in claims costs and awards reflects a societal trend that is punishing institutions of any type without regard to the nexus between bad verdicts and the rising costs of insurance going forward. Insurer investment strategies aren’t delivering much return in recent environments, so there is great pressure to underwrite and price your business accurately and on time. That is a hard pill for owners to swallow during times of rising loss costs. All captives need to do their best job of speaking this truth to their owners. And when we are doing this correctly, owners understand that the captive’s health is directly tied to their ability to manage risks and losses. All captives need to focus on their differentiation from commercial markets and think hard about why they exist. There needs to be a shared understanding about what captives are really accomplishing for their owners. I believe captives have a unique opportunity to help owners to see risks that lie ahead using trends from a purer set of data and experience.  

6. Why does Vermont fit UE’s mission and business plan as your domicile of choice?   I believe that one of the best things that Vermont does for domiciled captives is allowing and encouraging open dialogue. They do a really good job at getting to know the organizations doing business in and around the state. They show up at industry conferences not just to speak and deliver content, but to also listen and learn. That’s a level of engagement that allows them to be helpful to innovation while they ensure compliance. No one wants to see bad captives formed or operating in the market. I believe Vermont’s approach to engagement keeps the marketplace respectable and healthy for consumers of these services.  
All captives have that opportunity to focus forward to give owners more research, more knowledge, more attention, and better service than any other option in the market.

7. What are you most proud of as you look back over the past 35 years for UE?   There are many things that I could talk about. It is impressive how our captive and its membership have grown so much since I joined. The staff I have the pleasure of working with and learning from every day are smart and bring a rich diversity of experience. They work collaboratively and challenge us leaders to think hard, consider much, and act decisively. We’ve also been working hard to foster and improve our culture of inclusivity. I am proud of how our teams contribute in many ways. And we’re just getting started. I know we will continue to grow our culture of diversity, equity, inclusion, and belonging.  

8. Is there anything that we didn’t cover that you wanted to talk about?    I think captive organizations represent the best in business relationships between owner and provider. Being able to do this constituent experience work on behalf of those that you serve just demonstrates a purity in relationship that cannot happen with the influence of third-party shareholders. And all captives have that opportunity to focus forward to give owners more research, more knowledge, more attention, and better service than any other option in the market. In fact, there should really be no better experience available when an effective captive option is present. No other option can to focus and deliver like we do.

All captives have that opportunity to focus forward to give owners more research, more knowledge, more attention, and better service than any other option in the market. In fact, there should really be no better experience available when an effective captive option is present. No other option can to focus and deliver like we do.

Make Sure Your Register Because This Is The Last Call for #VCIA2022 Early Bird Rates!

The Vermont state bird is the Catharus guttatus, more commonly known as the Hermit Thrush. However, the VCIA organizational equivalent is Primo Avis Mandare, for those not up on their Latin–the Early Bird! Leaving just as the Hermit Thrush arrives for its summer visit, the Early Bird’s call is ‘cheaper, cheaper!’ If you’re not quick you will miss its beautiful song because this seasonal visitor departs in just 6 days, having been seen by over 500 people. Primo Avis Mandare is certainly not shy and likes all kinds of attention, so grab your bird call whistle and binoculars and make sure you register for the 2022 VCIA Conference before the clock strikes midnight on Friday July 1st when Early Bird migrates away! I suggest you dally no longer and secure your spot at the captive industry’s biggest and best summer conference by booking your attendance via this link. 

The early bird gets the worm, or in #VCIA2022’s case, gets the best registration rates, which end June 30th!

VCIA’s 37th Annual Conference–our first in-person in 2019–promises to be an outstanding week of special events, productive networking, and, I’m not afraid to say it, the best captive education you’ll find on the planet.

The variety and depth of sessions, all incorporating the latest trends, emerging risks, and legal contexts, form the foundation of #VCIA2022. You will discuss captives and collaborate on ideas related to climate change, social inflation, tax developments, InsureTech (to name just a few). Simply put, nothing can match that experience without being on the ground in Burlington, Vermont the week of August 8th. Hundreds of captive professionals tend to agree with my perspective. We have attracted a strong crowd to register for the conference already, and we expect our current 500+ count to surge as the expiration of the discount approaches. 

Make memories at #VCIA2022. Register now to secure your early bird rate!

A major focus of mine as the new VCIA president is value. What value has VCIA brought to its members and stakeholders in the past and how can I improve upon that? I meet with people and companies on a regular basis to hear their needs and understand how VCIA can help. In the same way, #VCIA2022 is all about value. We’ve built into a week’s schedule as much as quality possible so you benefit from the value of the finest captive educational content and networking opportunities.

#VCIA2022 is all about value. We’ve built into a week’s schedule as much quality as possible so you benefit from the value of the finest captive educational content and networking opportunities.

VCIA President Kevin Mead

Don’t just take it from me. Dozens of talented captive professionals have been working hard for months to produce something special. I refer to the Conference Task Force and VCIA’s Director of Education and Programming Diane Leach. The 2022 Chair of the Conference Task Force, Ian Davis, Senior Vice President, Captive Insurance Relationship Manager at People’s United Bank, realizes the anticipation for #VCIA2022 is growing and can’t wait to share the fruits of our team’s labor. “We know how much it means for the industry to get together and you will see that on full display at the conference, guaranteed. We’ve designed the conference to emphasize engagement, to explore important ideas and how they can benefit our companies, and to celebrate how we all are moving the captive world forward.”

I for one am proud as hell for all the blood, sweat, and tears we’ve put into our Annual Conference. I’m also super excited. Together with some of you, this will be my first VCIA Conference, and I am really looking forward to being able to start and build relationships and connections that will mutually benefit the VCIA and the entire industry.

First step? Spot the early bird and register today! See you sooner than you think!

The Results Are In

You all saw it coming. The number of captives licensed in Vermont last year eclipsed 2020 – already a banner year. Sure, almost every captive domicile had a good year, but even with over 40 states establishing captive laws, Vermont stands head and shoulders above.

Here are the hard numbers: Forty-five new captive insurance companies were licensed this past year in Vermont, making 2021 Vermont’s 4th highest year of growth in its 40-year history. Vermont is now home to 620 licensed captives, consisting of 589 active and 31 dormant captives. Vermont’s 52 sponsored cell captives currently host nearly 500 cells and separate accounts, in addition to the licensed captive companies.

The new captives were licensed in 17 different industries, the main industries being healthcare, real estate, manufacturing, insurance, and transportation. At least 5 of Vermont’s new captives in 2021 were formed by companies with international roots, including Japan, Germany, Russia, the United Kingdom, and Australia. Vermont has been experiencing growth in the number of new cells within sponsored captives, at a similar pace as new company licenses, with nine of the 45 new companies formed this year being sponsored cell companies.

Vermont has licensed a total of 1,242 captive insurance companies since 1981 and remains, by far, the largest U.S. domicile for captive insurance and third largest in the world. With an active pipeline of prospective new captive insurance companies already underway for 2022, the state expects continued growth in the coming year.

Thank you and I look forward to hearing from you.

Rich Smith
VCIA President

Happy Holidays!

As we close out the year it is a great time to reflect on the last 12 months – or longer. It certainly has been a challenging year for all of us, but I can say without reservation how grateful I am to have been a part of this great industry for the past 12 years.

The friends I have made as head of VCIA are amazing. All of you have made my job joyful which is not something everyone can say, I know. You all know how fabulous the folks who work in the captive insurance space at the State of Vermont are – truly a pleasure to work with Dave Provost, Sandy Bigglestone, Dan Petterson, Christine Brown, Becky Aitchison, and Brittany Nevins.

VCIA’s Board of Directors day in and day out have provided their time, energy, guidance, and friendship through a year where they had to face many challenging decisions. My thanks to Andrew Baillie, Donna Blair, Joe Carter, Lawrence Cook, Tracy Hassett, Stephanie Mapes, Gail Newman, Jason Palmer, Dennis Silvia, Anne Marie Towle, and Derick White.

And to work with the great staff at VCIA in these tumultuous times has shown me just how wonderful they all are. Thank you so much Diane Leach, Elizabeth Halpern (who leaves us at the end of the year – sniff), Peggy Companion, Janice Valgoi, Dave Rapuano, and Meg Precourt for everything!

Even in these uncertain times, we are looking for a brighter future with 2022 and it gives me such comfort to know what good people there are out there.

Happy Holidays!

Rich Smith,
VCIA President

Hail to 40 Years!

Vermont’s 40th anniversary year of the inception of its captive industry is drawing to a close. Since 1981, Vermont has worked hard to be the top U.S. domicile and continues to strive for excellence. Currently, VCIA is working with Dave Provost and Sandy Bigglestone and their team at DFR to build another captive bill to be introduced into Vermont’s General Assembly.

Over the past two years of COVID challenges, the Gold Standard has never been so apropos as Vermont lead the captive insurance industry in incredible growth and resiliency. I could not be prouder to be a part of this great work.

Brittany Nevins, in her role as Captive Insurance Economic Development Director, has put together a terrific short film highlighting relationships, accomplishments, future goals—and really what it means to be part of the Vermont captive family. I hope you will watch and encourage you to share.

Stay well and see you soon!

Rich Smith,
VCIA President

COP 26

As the world’s leaders conclude their two-week summit in Scotland it is good to see some of the leadership in the insurance industry involved in the most critical issue facing all of us today. Many in the insurance industry are working positively to promote policies that will help mitigate climate change – or at least don’t add to the problem – such as new ESG guidelines for the company, looking at the impact of placing climate risks in their portfolios, new modeling, and reassessing where to invest the huge assets the insurance industry has under management. Reinsurers rank climate change as the top risk facing the global insurance industry, according to PwC’s latest survey.

Climate policy is a risk management system, and the industry needs to provide a comprehensive vision for risk sharing going forward. There are many complex issues to be worked out for both the insurers and their insured for sure, however, a cleared-eyed approach by all parties can get us there.

Innovations like from AXA XL which has launched a tool that maps current and future flood hazards resulting from climate change and integrates the protective benefits of coastal ecosystems into insurance risk models, is a great example of where the industry can lead.

There is a theory in the risk management world, however, that insurance can be seen as a barrier to the kind of innovation needed to tackle the hard nut that is climate change. Providing P&C insurance, or D&O insurance, to a client without concern for the long-term impacts climate change can bring can remove the responsibility from the clients. Adding to this, innovative changes to infrastructure, along with the recent technologies used to build resilience, can be hard to insure as they rarely have claims history. This makes it difficult for the insurance sector to price the risk.

I think the basic principle behind captive insurance will accelerate solutions. With captives, organizations take direct responsibility for their risks – they now own it. The data on how to mitigate climate risk comes from their captive which allows them to be more focused on pursuing resilience at all levels. No longer is there a large, anonymous insurance company obscuring leaders from understanding and acting to better protect their own properties, employees, supply chains, and ultimately shareholders. And captives are innovative. They have the ability to take specific risks for an organization that might be looking at pioneering ways to use new technologies to protect from the impacts of climate change.

I remain hopeful that with a comprehensive and coordinated effort from all facets of society and industry we can turn the corner on climate change. Captive insurance will be part of that solution.

Stay well and see you soon!

Rich Smith,
VCIA President

The People of Washington Have Spoken!

Captive Review reported that Washington State voters rejected a recent law that imposes premium taxes on captive insurance companies licensed in other states that are doing business in Washington State this past Tuesday! When asked to give their views on introducing the 2% premium tax, voters opposed it by a 19 point margin. It was just one of a number of new taxes rejected by voters under the advisory votes on tax increases that must be held under state law.

As you all have heard me say in an earlier post, the Washington State captive law passed earlier this year sets a terrible precedent whereby acquiescing some regulatory oversight by the Washington State insurance commissioner on captives domiciled in other states. Under the legislation, S.B. 5315, captives licensed elsewhere and operating in Washington would be required to pay an initial registration fee of $2,500 and be assessed an annual two percent premium tax on insurance provided to their parents or affiliates for Washington risks.

The reality is that the non-binding vote is unlikely to have an impact – the law will remain in effect unless state legislators vote to repeal the measure, which is unlikely to happen. I don’t think Washington State citizens delved into the issue of the captive tax and, after weighing the strong evidence of its inappropriateness, decided to reject it. No, this was a broad anti-tax vote on several taxation measures in the state, and the captive tax was dumped into a bunch of other unpopular taxes.

That being said, the vote did give me a moment of hope!

Stay well and see you soon!

Rich Smith,
VCIA President

Member Mixer

Thank you to all our members who joined us this past Wednesday evening for VCIA’s open board meeting, DFR Q & A, and Mixer. It was so nice to see people gathering once again, even if somewhat cautiously, for VCIA’s first in-person event since the beginning of COVID.

Besides hearing the litany on how many legislative items we are watching down in DC that will likely not move this Congress due to the continued gridlock, members got to hear Dave Provost and Dan Petterson from Vermont’s Department of Financial Regulation provide an update on their work and changes in the future that they will see.  Brittany Nevins , Vermont’s Director of Captive Marketing, screened a new video she produced extolling the virtues as Vermont as a captive domicile for members. It was a terrific piece that will be used in the State’s marketing efforts going forward. One of the “stars” of the video was VCIA new board member, Joe Carter, from United Educators, who did a super job outlining what makes Vermont so special for captive owners.

Dave provided an update on the number of captives being licensed this year and it sounds like its going to be a record breaker. Over 40 have been approved to date and we usually see a wave of applications toward the end of the year as organizations scramble to get their captives licensed. That said, we could easily hit 50 new captives this year. A good year for new captives licensed in Vermont is usually around 25. Another interesting note, DFR is seeing far fewer dissolutions and redomestications out of Vermont then normal, meaning that current captives are not only happy but thriving. Dan reported that DFR was fully staffed and ready to take on the workload that these new captives promise.

The reception was a terrific way to cap off the day with an opportunity to see and say “hi” to many of our old and new friends alike. A special shoutout to former board member, and good friend, Ed Koral who traveled all the way from New York City to joins us that evening. I think the prize for the greatest distance traveled for the event was by Andrew Zoller, the new Head of International & Captive Solutions – US Commercial Insurance for Zurich North America, who flew in from Dallas.  Welcome to the family, Andrew!

Rich Smith,
VCIA President

Stay well and see you soon!