Captive Insurance
An insurance company wholly owned by the entity or group it insures, created to fund the owner's own risks rather than transfer them to a commercial carrier.
FAQs
- What size organization justifies forming a captive?
- As a general benchmark, organizations spending $500,000 or more annually in commercial insurance premiums begin to find captive feasibility studies worthwhile. However, size alone is not determinative—the predictability and homogeneity of the risk, the organization's loss history, and its appetite for retained risk matter at least as much as premium volume.
- What are the IRS concerns about captive insurance?
- The IRS has identified abusive micro-captive transactions—typically small captives electing Section 831(b) tax treatment—on its 'Dirty Dozen' list of tax schemes. The concerns involve captives that don't operate as genuine insurance companies, charge inflated premiums, cover implausible risks, or exist primarily for tax avoidance rather than legitimate risk management. Legitimate large captives with genuine risk transfer and distribution are generally well-established.
- Can a captive write risks for unrelated third parties?
- Yes, but doing so changes the captive's regulatory status—it may need broader licensing as a commercial insurer. Some captives write a limited percentage of unrelated business to satisfy the IRS 'insurance risk distribution' requirement. Writing significant third-party business converts the captive into something closer to a commercial carrier and brings additional regulatory obligations.
Related Terms
Fronting Carrier
An admitted insurer that issues policies on behalf of a captive or program lacking admitted status, providing regulatory paper while retaining minimal risk.
Risk Retention Group (RRG)
A group-owned captive under the federal Liability Risk Retention Act allowing members with similar liability risks to self-insure across all US states.
Quota Share
A proportional reinsurance treaty where cedent and reinsurer share premium and losses at a fixed percentage, transferring a set portion of every policy.
Reinsurance Intermediary
A broker or manager arranging reinsurance placements between cedents and reinsurers, earning commission on placed premium for treaty and facultative deals.
