Cool Captives from Vermont

4eaca668125b177fc140481b1cfd8a73

I just returned from Chicago where I was a guest of the folks from Strategic Risk Solutions at their annual client symposium. It was a great 1 ½ days of education and networking with the captives, service providers and staff of SRS (many Vermonters, of course!).

I was asked to speak on a panel with regulators from a variety of captive domiciles on the way Vermont regulates captives, specifically the examination process. Hardly my expertise, but as you all know, I am always game!

At the lunch on Wednesday, SRS President & CEO Brady Young recognized three of their clients for the innovation they all employed in their captives. All three were Vermont captives naturally! They were Agrisurance Inc., whose parent company is Dairy Farmers of America (DFA), the largest co-op in the country and fourth largest worldwide; Maple Red Insurance Company, captive for Turner Construction, one of the largest construction management companies in the United States; and ProMutual Solutions/Axial Benefits Group cell programs. 

Congratulations to you all, and congratulations to SRS for a very successful event!

Thank you all very much, and I look forward to hearing from you!

Rich Smith
VCIA President

The Great Wall and Beyond

IMG_1615

As I mentioned in my last blog, I traveled to China right before the Thanksgiving holiday to speak before the 2018 Jing-Jin-Ji International Insurance Forum in Tianjin. My presentation focused on the introduction of Vermont’s captive market, development and supervision. I also participated on a panel that discussed the captive rules in Asia, U.S. and Europe, best practice and the latest innovation, with insurance supervisors from Hong Kong, Singapore and Guernsey as well.  I focused on how Vermont regulators create a “partnership” with the captive insurance companies while keeping a strong regulatory hand on the tiller. I emphasized the support from Vermont’s political leadership as well. This message was well received by my Chinese captive insurance colleagues.

IMG_1613It was a great trip, especially to see and hear how the China captive market is emerging. As I mentioned last time, there is a relatively small number of captives in China right now – and mostly held by state-owned enterprises (SOEs) like COSCO shipping, Sinopec and China Railway. However, there is a growing interest in captive insurance for private enterprises and other SOEs looking to better manage their risk.

The Chinese captive industry is very limited in scope right now. Like most regulators when presented with a new-fangled way of doing business, the China Banking and Insurance Regulatory Commission is taking a go-slow approach to captive insurance. The industry in China is looking to pick up steam and get interested parties from privately owned businesses to consider captives. They are also interested in helping move Chinese regulators to broaden the limits on captives currently in place.  And while it may be a long-shot to get a Chinese captive to domicile in Vermont, the fact that they are looking at VCIA as a place to learn illustrates the continued leadership of Vermont in the growing worldwide industry.  I look forward to continuing this dialogue and seeing how the Chinese captive industry evolves.

IMG_1614I want to thank in particular my colleague Geoffrey Cao, President of the Chinese Captive Insurance Association, who invited me over and played gracious host while I was in China. And a HUGE thank you to Christina Kindstedt, Senior Vice President of Advantage Insurance Management (USA), who provided a go-between with me and my Chinese counterparts, as well as helping with my trip every step of the way.  Thank you both so much!

I look forward to hearing from you!

Rich Smith
VCIA President

Vermont has built an ARC (Affiliated Reinsurance Company)

rich-almighty

At a cyber security roundtable hosted by Vermont’s Department of Financial Regulation on May 17, Vermont’s Gov. Phil Scott signed a bill creating a new reinsurance option for U.S. companies affected by a key provision of the U.S. tax overhaul.

The half-day roundtable provided a discussion of emerging cybersecurity regulatory regimes of the banking, insurance and securities industries.  VCIA board member, Anne Marie Towle, Executive Vice President for JLT Insurance Management and the Captive Practice Leader, served on a panel that explored Innovation and Developments in the Cybersecurity Insurance Market and Risk Management Alternatives with a number of other experts, including Fred Eslami, Associate Director with the alternative risk transfer group at A.M. Best. It was an excellent presentation in the inaugural DFR series seeking to provide the insurance and financial services industry in Vermont with education and resources.

The bill the Governor signed (H.719) offers an onshore affiliated reinsurance alternative to insurance companies affected by the Base Erosion Anti-Abuse Tax on reinsurance ceded to offshore affiliates.  The BEAT provision included in the tax reform package adopted in December aims to circumvent profit movement overseas by imposing a minimum tax on certain deductible payments made to a foreign affiliate, including payments such as management fees and royalties, but excluding costs of goods sold, beginning in tax years after Dec. 31, 2017. It applies a minimum tax of 10% of taxable income.

It started when Ed Koral, Specialist Leader at Deloitte Consulting (and recent VCIA board member – see, we are all over the place…) approached the State of Vermont with a need for an onshore alternative for those reinsurers offshore that will be impacted by BEAT.  The concept is very similar to the Special Purpose Financial Captive, without the requirement for a securitization transaction. One of the key provisions of the law is the investment flexibility it provides companies. Unlike more prescriptive investment rules, these new affiliated reinsurance companies will develop an investment policy that addresses diversity and liquidity concerns, and the Department of Financial Regulation will work with the company to approve it.

This new law once again represents Vermont’s ability to adapt quickly to regulatory changes in support of the financial services industry.

At the upcoming VCIA Annual Conference August 7-9 there will be terrific education for captive professionals, including Hot Topics with Dave Provost, who will undoubtedly talk about this new legislation. Other sessions include Innovative Spotlight: Financing Unique Risk, Economic Headwinds and Tailwinds Impacting Captives, Owner Lessons Learned in Establishing a Captive, and The Cognitive Captive: Artificial Intelligence for Smarter Insurance. Register soon at http://www.vcia.com to get the best rates! Early rates expire June 30th.

We look forward to seeing you in Vermont in August. Thank you all very much!

Rich Smith
VCIA President

Welcome Home!

UMV-medical-center

Some good news for Vermont was announced right before the New Year a week ago: the University of Vermont Health Network will move its captive from Bermuda to Vermont!

The network’s Board of Directors unanimously approved the move of VMC Indemnity Co. Ltd., a captive that provides medical malpractice insurance coverage, according to a statement by the six-hospital system issued Friday.  UVM Health Network established their captive back in the late 80’s, when Vermont’s captive insurance industry was just getting off the ground, and one of the few domiciles that made sense for many healthcare captives was Bermuda.

A nonprofit corporation will be established to become the network’s captive insurer and it will seek approval from the Internal Revenue Service to operate as a tax-exempt organization.  The UVM healthcare system has more than 1,000 physicians and 2,000 nurses and other clinicians in Vermont and New York.

Needless to say, we are very pleased to have VMC Indemnity redomesticate to Vermont!

Thank you and I look forward to hearing from you.

Rich Smith
VCIA President

Through the Roof! Vermont Celebrates 1,100th Licensed Captive Insurance Company

The Staup-chartte of Vermont just announced that the Department of Financial Regulation (DFR) has licensed Vermont’s 1,100th captive insurance company. AssureCap Indemnity, LLC was licensed as a Sponsored Captive Insurance Company. It was formed by Assurance Agency, Ltd., which was recently named the 41st largest insurance broker in the United States by Business Insurance magazine and is now the largest independent insurance brokerage in Illinois.

According to the announcement, Assurance Agency, Ltd. President Daniel Klaras said Vermont was an easy choice.  “We know how important it is to be in an environment that has an established track record with proven experience,” he said, “so when we compared experience, governmental support and the state’s long-standing tradition of quality regulation, we knew Vermont was the place to be.”  Amen, Brother!

As most of you know, Vermont is the largest captive insurance domicile in the U.S. and the third largest in the world.  Congratulations to the State of Vermont’s Captive Team! Why would you be anywhere else?

Thank you all very much, and I look forward to hearing from you.

 

Rich Smith
VCIA President