Captive Insurers – Part
1
About 20 years ago, the
1986 Federal Risk Retention Act (FRRA) was created. This act allowed similar or
related businesses or groups to form for the purpose of buying liability insurance.
The Act was in response to a severe shortage of liability insurance for certain
types of business. Businesses who wanted to continue to operate had to devise a
strategy to do so in a way that also protected them against their vulnerability
to accidental losses. The answers were captive insurers and risk retention
groups (RRGs)
Captive insurance companies
were first created in the 1950s. This method of handling losses lowered
insurance costs for corporations and, originally, also allowed huge tax advantages
that were subsequently outlawed. In spite of that, and because of the
volatility of traditional commercial insurance companies in the United States,
the number of captives continued to grow.
Many large corporations
wanted the investment income generated from the premiums paid to their captive
insurance companies. Additional income was also created by the loss reserves
(sums set aside for handling anticipated, accidental losses) generated by those
premiums. This provided even more motivation to form captive insurers.
Sophisticated corporate risk managers realized they could benefit from any of a
number of insurance premium-related investment income opportunities. This was
seen as yet another advantage over purchasing commercial insurance coverage from
an insurance company that controlled premiums, loss reserves and the interest
income that those funds generated.
Initially, most offshore
captives were "pure" captives (see Captive Insurers – Part 2 for more
information). As time passed, many pure captives found even greater tax
advantages if they insured other, unrelated organizations. Unfortunately,
because of writing too much business and lacking expertise, many of these
captives became insolvent.
The insurance market
problems of the mid-1980s also spurred the creation of Risk Retention Groups
(RRGs) and the concept (also known as group or association captives) became
popular. RRGs are insurance companies established and capitalized by a group of
businesses to underwrite and insure their own collective insurance risks. In
addition, many trade associations formed and funded association captives to
underwrite and insure risks of the members of a particular trade association.
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