The Numbers Are In

numbersB2019 proved to be another successful year for Vermont’s captive insurance industry with 22 new captive licenses added, bringing its total to 1,159 with 585 active captive insurance companies. This is roughly the average number of new captives licensed yearly in Vermont over the past 10 years or more, regardless of the marketplace, highlighting the resiliency of both the captive marketplace and Vermont as a domicile.

The new formations were made up of 14 pure captives, 4 sponsored captives, 2 Risk Retention Groups (RRGs), 1 special purpose financial insurer and 1 industrial insured captive, with an estimated Gross Written Premium of $24.8 billion.  A healthy mix of sizes, types and industries, ranging from healthcare, manufacturing and financial services to religious institutions, entertainment and nonprofits, are all represented. As David Provost, Vermont’s Deputy Commissioner of Captive Insurance, always says, Vermont’s focus will always be licensing quality companies, not chasing numbers.

Don’t forget that next week on January 22nd VCIA is hosting its annual Legislative Day in the Vermont State House in Montpelier, Vermont.  This totally unique event underscores the excellent relationship that our captive industry has with Vermont’s policymakers. Register today to join us to meet with Vermont’s legislators, captive industry peers, and hear remarks over lunch from State Economist Jeff Carr who will be presenting the recently released economic impact study.  Go to www.vcia.com and register today!

Thank you and I look forward to hearing from you.

Happy New Year

hnyHard to believe it is 2020! I hope you all had a wonderful holiday season and happy New Year. I am looking forward to another great year working with all of you in our fine industry. As usual, we are off to a fast start here at VCIA, and I want to remind you of a few events to look forward to in the first half of 2020.

First up, January 22nd is VCIA’s annual Legislative Day in Montpelier, Vermont’s capital. It’s a full day of meeting and hearing from Vermont’s political leaders on the captive industry and issues facing the State broadly. If you have a chance to join us in Montpelier, even for part of the day, please come – it’s the best opportunity for Vermont’s captive industry to put a great foot forward with our State’s leaders.

In March, VCIA will embark on its first-ever Captive Insurance Trade Mission.  The State of Vermont and VCIA will send a delegation of government, regulatory and industry representatives to Mexico to highlight Vermont’s leading captive insurance industry.  Working in collaboration with the U.S. Commercial Service, the trade and promotion arm of the U.S. Department of Commerce’s International Trade Administration, the delegation will lead captive insurance educational forums in Mexico City the week of March 23, 2020.  The goal of this trade mission is to increase awareness of Vermont as the leading U.S. domicile for captive insurance and underscore our state’s mutually beneficial trade relationship with Mexico.

On May 21st,  please join us for our annual Spring Member Mixer which will be held at Champlain College in Burlington, Vermont. This event will include a Q&A session with Dave Provost and his team from the Department of Financial Regulation, in conjunction with a VCIA Board meeting.

VCIA’s Annual Conference will be held August 10th – 13th. This exciting event is a virtual homecoming for the entire captive industry!

That’s just a smattering of events that will also include a number of our renown webinars, and other conferences which Team Vermont attends, such as RIMS, which will be held in May in Denver.  We look forward to connecting with you!

Go to www.vcia.com and register for VCIA Legislative Day today!

Thank you and I look forward to hearing from you.

Rich Smith,
VCIA President

Captives and Debtors

bankcruptcyInteresting news about OxyContin maker Purdue Pharma seeking product liability insurance and general liability coverage by creating a captive insurer.  Purdue asked for permission to set up the captive insurer in federal court on Monday as part of the firm’s filing for bankruptcy protection, as it has been challenging for them to find a commercial solution with a third-party insurer, not surprisingly.  Purdue faces more than 2,600 lawsuits alleging that it helped fuel the U.S. opioid epidemic.

As VCIA Member (and recipient of VCIA’s 2019 Industry Service Award!), Chaz Lavelle of Bingham Greenebaum Doll LLP stated recently in a September 17 article in Business Insurance,  “We’ve had situations in the past where an operating company has gone bankrupt but the captive insurer which it has previously set up was fully solvent, continued to operate and pay claims notwithstanding the bankruptcy and the disposition of the company.”

It reminded me of the Vermont captive for the bankrupt firm Enron back in the 90s. Even though the firm was mired in bankruptcy proceedings due to the fraudulent leadership at the top, under the supervision of Vermont’s Department of Financial Regulation its captive remained solvent and paid out every one of its claims under its policies in full. Having the captive kept the policy claims separate from the bankruptcy proceedings. Even debtors require various liability, casualty, property and other insurance programs in the ordinary course of their businesses.

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

Rich Smith
VCIA President

Young at Heart

Young professionals

Young captive professionals at a recent VCIA event.

Recruiting and training the next generation of captive professionals is a paramount issue for our industry, as everyone knows. Both CICA and NRRA have programs designed to reach out to this group and draw them into the industry.  Fostering newcomers to join the field and eventually step into the roles of our current captive leaders and professionals is an initiative that VCIA takes to heart.

Over the past number of years, VCIA’s Annual Conference has created places and sessions where young professionals can learn from and network with both peers and seasoned professionals as they pick a pathway forward in the captive insurance field.  Besides our NEW Captive Immersion experience, which will familiarize those who are new to the captive industry on the key services, and our annual Captives 101 session that provides a basic overview of captive insurance companies and RRGs, other VCIA sessions designated for young professionals include:

Developing the Next Generation of Captive Industry Leaders, which will explore what is being done in the industry to attract and retain new talent.  According to the Pew Research Center, millennials were the largest portion of the workforce in 2016. As a group they are very connected, having grown up with the internet in their everyday life. In the workforce, they are eager to make a meaningful contribution to the workplace and the greater good. In many ways, this group is helping transform organizations.

Our Young Professionals Forum will provide a great resource particularly for those with fewer than 10 years of captive experience.  Three dynamic facilitators will lead small group discussions about sharpening your speaker skills, how to approach your early career years and work/life balance.  Afterwards, an open forum will occur for a fluid discussion on topics such as transitioning into the workforce, professionalism and meeting work demands in a sometimes-stressful environment.

On top of all that is just the best networking opportunities both “on campus” and “off campus” in the captive industry, so, I hope you all can join us! Click here to register for the VCIA Conference today.

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

Happy Fourth of July!

montpelierWishing everyone a Happy (and SAFE) Fourth of July this week! I love how Montpelier (my home town) does their annual parade and fireworks at the State House every year. A real mix of traditional bands mixed with a crazy quilt of floats and causes – and sometimes a Presidential candidate (although I believe Bernie Sanders will be in New Hampshire this few days for some reason…).

Thanks to all of you who registered for VCIA’s Annual Conference before the end of June. We have over 800 captive professionals already registered to come to Burlington, Vermont, well on our way to hosting over 1000 attendees. Even more exciting, we have over 80 people signed up for our new Captive Immersion program happening on Monday, August 5th.

Captive Immersion will offer an afternoon of educational sessions designed to familiarize new captive industry professionals on the essentials of captive insurance.  The key services that are needed during captive formation and management will be presented by industry experts to give newcomers a complete sense of the various components and their importance in the overall captive picture. It’s not too late – sign up for the conference and Captive Immersion today by clicking here.

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

Great News: VCIA’s captive bill passes… but you knew that was going to happen

imjustabill
Thanks to the expert testimony of Deputy Commissioner Dave Provost, this year’s captive bill passed the House and Senate and is on its way to the Governor for his signature. Unless there is a calamity, the Governor will sign it into law within the next week.

Here is a quick outline of what it will do:

  • Allows non-profit protected cells can issue dividends to its owners.
  • Eliminates the requirement for an attorney-in-fact bond of a reciprocal RRG in most circumstances.
  • The commissioner currently can waive the three-year exam period, but with the maturity of many of Vermont’s captives, it made sense to revisit the timeframe. This section makes default exam period 5 years, but commissioner can shorten if determined to be prudent.
  • Allows any type of entity recognized by the Secretary of State to be formed as a captive.
  • Allows groups and agencies to either comply with current statutory investment requirements OR come up with an acceptable plan (which DFR will keep confidential). Section 3463a – valuation methodology – still applies.
  • Re-writes the RRG independent director section for clarity.
  • Makes NAIC statutory accounting the standard for the new affiliated reinsurance company or ARCs.  Vermont didn’t need to meet accreditation standards, but wanted to avoid a repeat of the AXXX/XXX fights.

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

Happy New Year!

rich-great-gatsby

OK, that was weird…. 2019 is here and 2018 seems like a strange dream. 2018 was one of the most “interesting” years in my brief (well, not so brief anymore) and wondrous life. That being said, we have a lot on our plates this year and I am looking forward to working with you to further advance the captive insurance canon!

2018 proved to be another highly successful year for Vermont’s captive insurance industry with 25 new captive licenses added, bringing its total to 1,137 with 558 active captive insurance companies. Over the past ten years or more, the average number of new captives licensed yearly in Vermont has been roughly 25, regardless of the marketplace. This steady figure highlights the resiliency of both the captive marketplace and Vermont as a domicile.

The new captives were made up of 12 pure captives, 3 sponsored captives, 4 Risk Retention Groups (RRGs), 2 special purpose financial insurers, 1 branch captive and 2 industrial insured captives. As usual, a healthy mix of sizes, types and industries, ranging from healthcare, manufacturing and financial services to religious institutions, entertainment and nonprofits. As David Provost, Vermont’s Deputy Commissioner of Captive Insurance, always says, Vermont’s focus will always be licensing quality companies, not chasing numbers.

Don’t forget that January 23rd this year is VCIA’s annual Legislative Day at the State House in Montpelier, Vermont’s capital. It’s a full day of meeting and hearing from Vermont’s political leaders on the captive industry and issues facing the State broadly. Go to www.vcia.com and register today!

Thank you and I look forward to hearing from you.