Category Archives: Vermont Department of Financial Regulation’s Captive Division

Reflecting on One Year In as VCIA President

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Almost a year ago, before I even joined the VCIA, I attended the World Captive Forum in Miami, and well, here I am again, learning and networking. And what a year it has been, my first as VCIA President! More on that in a future blog, but I am happy to report that there is further evidence here at this event of the resilience and growth in the captive industry. Right now, I am sitting in on the regulatory panel (featuring Vermont’s own Sandy Bigglestone), and every domicile present is talking about growth, new product lines and innovation across the board.

Vermont and VCIA had a productive (and fun!) World Captive Forum

For Vermont and VCIA it has been a great event, strengthening our stakeholder relationships and building new ones.

We also debuted the new Vermont booth – please pay no attention to the fact that 4 captive professionals working collaboratively could not get the lights on right!  Despite that, the booth looks great (we fixed the lights) and certainly acted as a beacon within the exhibit hall. Vermont is off to the races to try to top last year’s 41 new captive count!

I met a fellow Mead in the exhibit hall!

I also got to fulfill on my mantra of ‘cooperate to grow the pie, compete for a larger slice’ by visiting with the other domiciles present to specifically invite them to the VCIA’s Annual Conference in August. While many already attend, I was happy to invite them to come as exhibitors. The greatest accolade that we could get for the VCIA Conference would be when an attendee says ‘I attended the event and got the solution I needed.’ Of course, I would be delighted if that solution was Vermont, but I must also recognize that there are many offerings in the marketplace. So far, we’ve gained great interest in other domiciles/associations for our booth spaces!

That’s all for my live World Captive Forum reporting. Sad to say we New Englanders must leave sunny Miami and return to Vermont with a temperature shift of 107°F forecast. Winter may be hard, but it won’t last forever in the Green Mountain State, and the closer spring approaches means the closer our 2023 conference cycle starts!

Success Only Fuels Our Motivation

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These last few weeks I’ve spent more time in hotel rooms and airplanes than I’ve spent at home. Now, happily snug in my snowy–yes, already–Vermont headquarters, I can reflect on quite a trip the State of Vermont and VCIA had to Luxembourg for the European Captive Forum.

The trip, and the conference, had a perfect combination of networking and educational sessions. Deputy Commissioner Sandy Bigglestone led an engaging topic on “Why and How to Establish a Captive” and the Vermont team heard from stateside and international industry colleagues about opportunities for new captive formations in the Green Mountain State. I was personally happy to hear a recurrent point about how many people are eager for the business possibilities, networking values, and educational content of our annual conference…even if it’s more than 8 months away! Even so, we are already hard at work on creating an optimal experience for our attendees.

The “hard at work” phrase kept in my mind as we learned that Vermont won the International Domicile of the Year during the Captive Review European Awards. The announcement on LinkedIn read: “Moving on to the next category at #EUCaptiveAwards 2022 where we have the International Domicile…And it is of course Vermont who have earned our congratulations!”

I’m still less than a year in as VCIA President/industry representative, so it struck me that the “of course” preposition to describe our award reflects the healthy and productive infrastructure that VCIA and the State has built–and continues to strengthen. That’s why I responded to Captive Review’s post like this: ” ‘Of course Vermont’ is a delightful comment, but rest assured that the industry-leading regulators, service providers and managers, economic development professionals and the VCIA are NOT resting on their laurels as we all further develop the ‘Gold Standard’ that garners awards like these.”

We’re further developing our Gold Standard here at VCIA by starting a Strategic Planning process that will result in a comprehensive and innovative blueprint that will guide us into prosperous future in partnership with our members, stakeholders, and the industry as a whole. Our newly appointed Board Chair Tracy Hassett said it in a nutshell: VCIA will be thinking “blue sky big” in how we can provide more to our members, meet captive owner/industry needs, and increase our impact and reach. So I encourage you to join us. Become a member, join a committee, share your feedback. This is YOUR organization, and the success we experienced at ECF only motivates us to higher ground.

Vermont Captive’s Smooth Transition Proceeds: Christine Brown Named Next Director of Captive Insurance

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Before we gather for #VCIA2022, a few major changes have been placed on the horizon for the State of Vermont and its preeminent Captive Insurance regulatory team–Mr. Captive himself, Dave Provost, retiring into the sunset; his heir apparent, Sandy Bigglestone, ready to assume the Deputy Commissioner role; and now Christine Brown, respected throughout the industry, promoted to Director of Captive Insurance. All three diligent, hard working, and great collaborators. And all three have spent years making Vermont the Gold Standard for captive domiciles. To me, that’s the definition of a stable “transition of power,” and it will only make more captives flock to the Green Mountain State.

Christine Brown

The official press released arrived in my email on Wednesday and you can read it in its entirety on the Vermont Captive website. The good folks at the State of Vermont quoted me on the appointment of Christine Brown to the position of Director of Captive Insurance at the Department of Financial Regulation (DFR): “The quality and stability within captive regulation in Vermont is proven yet again.  What an awesome choice to have Christine Brown succeed Sandy Bigglestone as the Department of Financial Regulation’s next Director of Captive Insurance. Christine has a long relationship with the VCIA and has served as a thought leader within the industry for many years. All of my colleagues here at the VCIA join me in wishing her the best in this appointment, and we look forward to seeing her in a few short weeks at the VCIA conference.”

And I meant every word of it!  In my short time with the VCIA I have already called in favors from Christine that I had not even built up – and she has always delivered. That Vermont has promoted from within for two critical positions speaks volumes of the talent its captive team has retained and cultivated.

During my 20+ year career in captive insurance, I have had the privilege of working with and learning from the best and brightest in the industry, most recently as Assistant Director supporting Sandy Bigglestone and Dave Provost.  I am honored to have been chosen for the Director position under Sandy’s leadership.  I look forward to continuing to grow and support the industry, together with my amazing colleagues at DFR and our valued industry partners as we promote Vermont’s standard of excellence.

Vermont’s Next Director of Captive Insurance Christine Brown

At this year’s VCIA conference you will find Christine at the State of Vermont booth, #40, and around conference events. She’ll be speaking at Captive Immersion on Monday and will cohost a discussion group on Tuesday. Be sure to connect with her and congratulate her on her well-deserved promotion!

Only 17 days until #VCIA2022 kicks off and I don’t want you or your colleagues, or frankly anyone you know related to the captive insurance industry, to miss out! Please be sure to register on our website here. See you in breezy Burlington in August in just a few short weeks!

Sandy Bigglestone: The Perfect Captive Successor to Dave Provost

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Continuity. Experience. Expertise. 3 reasons (among many) for why Vermont is the Gold Standard for captive domicile decisions. The same 3 reasons describe Sandy Bigglestone, who this week was appointed as the new Deputy Commissioner of the Captive Insurance Division. Since the NBA Finals are underway, I’m inclined to say this is a slam dunk choice for everyone interested in captives in Vermont!

The Board, staff and members of the VCIA are delighted that Vermont Governor Phil Scott knew exactly where to turn to lead the division into a profitable future, and we join the entire industry, in Vermont and beyond, in congratulating Sandy. She is hardly a new face to the captive industry, and I hope that she will forgive me when I mention that she is 25 years into her career at the DFR. I said it once and I’ll say it again, Sandy will ensure stability, consistency, and quality that is the hallmark of regulation in Vermont, while also challenging staff and other stakeholders to develop and improve.

L to R: 2022 VCIA Conference Chair Ian Davis, appointed Deputy Commissioner Sandy Bigglestone, and retiring Deputy Commissioner Dave Provost

The upcoming VCIA conference from August 8 – 11 in Burlington offers a great chance for members and other stakeholders in the industry to meet up with Sandy and congratulate her. You can register for the conference here (and don’t forget to book your airfare and lodging soon, they go fast!) “Hot Topics with Dave Provost” on the last day of the conference, with incoming and outgoing Deputy Commissioners, will indeed be a hot ticket!

The upcoming VCIA conference from August 8 – 11 in Burlington offers a great chance for members and other stakeholders in the industry to meet up with Sandy and congratulate her.

Many major captive players enthusiastically received the news of Sandy’s appointment. Here are some snippets.

Vermont Governor Phil Scott: “Sandy has decades of experience in licensing and regulating captives in Vermont, the top domicile in the country. It made sense to look within for the best person to lead the industry and the obvious choice was Sandy.

Sandy’s soon-to-be predecessor Dave Provost: “Sandy will carry on the mission of the captive division and be a thoughtful regulator. She has the experience and skills and new ideas to help guide the industry forward.”

Mary Ellen Moriarty, VP of Property & Casualty at EIIA. “Sandy is a polished professional, goes the extra mile when necessary, and wants to see us thrive. She is the perfect person to guide Vermont.”

“Sandy is a natural leader, and we are happy to have her stepping into this role,” said Interim DFR Commissioner Kevin Gaffney.

Upwards and onwards to the Sandy Bigglestone and the Vermont Captive Industry…see you all in August!

A Captive Industry Icon Announces His Retirement

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The State of Vermont’s Deputy Commissioner of the Captive Insurance Division is hanging up his gloves. Dave Provost leaves a permanent print on the robust infrastructure for domiciled captives in the Green Mountain State.

This week Vermont Captive Insurance set the captive world abuzz with a press release announcing Dave Provost’s retirement at the end of the summer. The Governor of Vermont Phil Scott could not sing Dave’s praise any higher by thanking him for “his immeasurable contribution to Vermonters and businesses around the world.” The Governor did pledge as well that Dave’s replacement would build on the “Gold Standard” for captives that Dave has helped create.

If you’ve been on the fence for registering for The VCIA Annual Conference August 8-11 in Burlington, Vermont, Dave’s news should get you over to attend. The conference will be a celebration of sorts for his career, and of course his insights during his “Hot Topics” on the last day of the conference is now simply a must see. Access Conference Registration here.

Mr. Captive himself, Dave Provost. Catch his last “Hot Topics” session at our Annual Conference this year.

I’m only three months on the job as VCIA’s President, and so it makes sense that I should be at the end of the line when it comes to reflecting on Dave Provost’s remarkable captive career. Nevertheless, as short as our relationship has been, we do make for a quick repartee pairing; it was only this Wednesday, during VCIA’s Spring Mixer, that Dave Provost shared his retirement news to the crowd. He was also quick to point out that I’m hitting my 100th day soon and that means my honeymoon phase will come to a firm end. This is true: Dave always has a joke in pocket.

The moment I met Vermont’s chief captive regulator it was instantly clear that his insights, approachable nature, and dedication to improving the captive industry are held in highest esteem and are things he deeply cares about. Dave Provost’s captive knowledge and technical and managerial skillsets will be major loses to recover, but it’s his dry wit and deadpan personality that most of us will miss just as much, if not more.

Dave Provost’s insights, approachable nature, and dedication to improving the captive industry are held in highest esteem and are things he deeply cares about.

Dave and some of his team in Vermont’s Senate Chamber

Dave achieved a lifetime of captive accomplishments during his 30 years of experience in the industry. He leaves the captive sector in Vermont (and beyond) larger, stronger and more visible than when he started. The VCIA, and indeed the whole captive insurance industry will miss Dave’s shrewd perspective, his fairness and his desire for effective and speedy advice and decisions. But mostly, the whole sector will just miss Dave. VCIA is honored to have his presence in his official capacity as Vermont’s chief captive regulator once last time this August. Let us toast to Dave!

The Results Are In

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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!

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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!

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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

Back to the Future… with VCIA’s Annual Tax Update!

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I hope you all had a wonderful Thanksgiving last week and were able to spend it with friends and family. As we move into the continued uncertainty with COVID, it is always good to take a step back to appreciate and be with loved ones (or ones that at least like you).

One certain thing you can count on this time of year is VCIA’s annual captive tax update webinar, scheduled for December 15 at 2:00 ET. This year we present “Back to the Future” where our esteemed captive tax specialists review 2021’s most significant tax developments and explore the possible impacts of proposed legislative action by the current administration.

Our panel consists of Daniel Kusaila, Partner at Crowe LLP, Chaz Lavelle, Partner at Dentons Bingham Greenbaum LLP, and Brandy Vannoy, Partner at Johnson Lambert LLP. With the help from content advisors Stephanie Brassard of Johnson Lambert LLP and Dana Marino of Innovative Captive Strategies, the panel will provide an analysis of state and federal tax activity from 2021.

Our panelists will also provide an overview of recent, notable court cases and IRS actions. This includes a discussion on “lessons learned “ for large captives from small captive cases and a “fact or factors” segment highlighting key drivers that impacted the decisions made by the courts.

Our tax specialists will be monitoring the current tax landscape through the days leading up to this webinar to ensure the audience receives real-time updates on the state and federal tax environments.

Also, I want to say congratulations to Dave Angus, recently appointed as counsel to the captive insurance law practice at the firm of Paul Frank + Collins in Burlington, Vermont. Dave brings his captive insurance and transactional practice from The Angus Firm to PF+C’s captive insurance team and has been a long-time member (and twice chair) of VCIA’s Legislative Committee. Congratulations, David!

Stay well and see you soon!

Rich Smith,
VCIA President

The People of Washington Have Spoken!

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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