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Vermont licences 41 new captives in 2022

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Forty-one new captives were licensed by the State of Vermont during 2022, taking its year-end total of active captives to 608. There is a further 31 dormant captives in the state.

Almost 40 individual cells were also established during the year, meaning there are now more than 500 active cells housed within 59 sponsored captives in Vermont.

The growth numbers are the sixth highest the state has recorded since passing captive legislation in 1981. Five new captives have already been formed in 2023.

“While we are happy to have another year of record growth, we never stop asking ourselves how we can be better,” said Sandy Bigglestone, deputy commissioner of captive insurance at Vermont’s Department of Financial Regulation (DFR).

“We are actively looking into how to improve our statutes and internal processes to be most efficient and useful for businesses and look forward to providing the best service to them in the year ahead.”



The 41 formations are made up of 30 pure captives, six new sponsored captives, two agency captives and two Risk Retention Groups (RRGs).

The majority of new captives are owned by American businesses or organisations, but there were also two formed from Canada, one Mexican captive and one Austrian.

There are 17 different industry sectors represented in the new cohort, with healthcare (7), construction (5) and real estate (4) leading the way.

“Throughout the pandemic captive insurance has been a great tool for the health care industry,” said Christine Brown, director of captive insurance, DFR.

“Hospitals and health care providers have had emerging risks and fewer available insurance options. Captive insurance has given them a way to have more control over that risk that’s also financially sustainable.”

The Vermont Department of Economic Development is hosting “Captive Insurance Day” for legislators at the Statehouse, in the capital Montpellier on 18 January, as part of ongoing efforts to educate and raise awareness of the sector and its importance to Vermont.

“The captive industry has remained steady throughout the pandemic, and is thriving here in Vermont,” said president of the VCIA, Kevin Mead.

“The momentum is strong to keep developing this great industry. We continue to raise awareness about captive insurance around the world, and we look forward to expanding our efforts in the year ahead.”

Italian corporates begin move to re-domesticate European captives

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Italian-owned captives have begun the process of re-domesticating back to Italy after negotiations with the regulator IVASS neared agreement.

Captive Intelligence understands the first Italian captive could be operating by the end of June with a second following later this year. Both captives are currently domiciled in European Union countries.

The strategy will be to form a new insurance entity in Italy, which acquires the shares of the legacy captive and completes a transfer of assets and liabilities. This should avoid a more costly run-off of the legacy captive.

Overseas captives, owned by Italian corporates, have come under greater scrutiny in recent years from the country’s tax authorities, especially with regards to transfer pricing.



As a result some captives, if domiciled in a jurisdiction with a significantly lower tax rate than Italy’s, are already paying a top-up tax to the Italian authorities.

Unlike in France, which passed captive specific legislation at the end of last year, the captive community in Italy is not pursuing a new legal framework as references to captives are already on the statute books.

The EU-wide Solvency II stipulates capitalisation and reserving requirements, but there is no equalisation provision (unlike in France and Luxembourg).

A stricter governance regime, compared to other European domiciles, will be enforced by the regulator meaning any captives that move ‘home’ or are formed in Italy are likely to be self-managed with key functions such as audit, compliance, risk and actuarial needing to be managed in-house rather than fully outsourced.

There are very few reinsurance companies in Italy, let alone captives, so it is new territory for the regulator.

As with France, it is not expected or an ambition of IVASS or the local insurance community for Italy to grow into an international domicile attracting captives from overseas.

It is envisaged that it will become a good option for Italian corporates and their own captives, although Captive Intelligence is also aware of new Italian-owned captives being established elsewhere including two expected to be licensed in Switzerland this year.

As examined in this April 2021 long read, there has been growing movement in Europe to consider home domiciling captives but there is debate as to the cost effectiveness and suitability of utilising ‘untested’ domiciles.

Paul Corver to retire as group head of legacy at R&Q

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Paul Corver, group head of legacy M&A at R&Q Insurance Holdings, will retire later this year, according to an internal memo seen by Captive Intelligence.

Going forward, R&Q will have co-heads of its global legacy M&A team, with Huw Battrick and Parri Spector, reporting directly to global CEO Andy Pinkes.

Corver joined R&Q in 2008. He and R&Q have been leaders in the captive legacy space, concluding high profile captive acquisitions and portfolio transfers with captives owned by companies including AstraZeneca, Lufthansa, General Electric and Unilever.

The memo highlighted the important role Corver has played in the development of R&Q’s legacy business since joining and “during his career has established himself as a leading practitioner in the market”.

Spector will continue to work with Ben Masel and the corporate development organisation regarding Gibson Re and other legacy initiatives. 

Battrick will have leadership responsibilities for the UK and Europe team, and Spector for the North America, Bermuda and Caribbean team. 

“I am personally grateful to Paul for his partnership and support and look forward to working with him and the team as we transition to our new operating model,” Pinkes said in the memo.

“Please join me as we thank Paul for his many contributions to R&Q and congratulate Parri, Huw, and Chris on their new responsibilities.”

The memo did not specify an exact departure date, but said Corver would work with the leadership and new co-heads to ensure a smooth transition.

Upward trend of adding medical cover to international EB programmes

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More captive-backed international employee benefits programmes are underwriting medical covers although it often remains a later addition, according to Nicola Fordham, chief underwriting officer at MAXIS Global Benefits Network.

Speaking on a GCP Short where she was joined by Nekisha Tyrrell, head of underwriting at HSBC Insurance (Bermuda) Limited, HSBC’s captive, Fordham said around two thirds of MAXIS’ captive portfolio is now including medical cover.

The captive reinsuring medical cover means it is participating in the corporate’s medical insurance plan, which can include items such as non-urgent care, specialist treatment, operations, physio treatment and dental.

Captive employee benefits programmes have traditionally begun with long-term illness, life and disability covers.

“Perhaps the original points of putting employee benefits into a programme, particularly a captive programme, was around leveraging the underwriting margins that were there,” Fordham said.

“And for medical, you don’t tend to have such wide margins. The reason being because there are so many more claims that come under your medical treatment.”

The HSBC captive and employee benefits programme is operated on a ‘not for profit’ basis, meaning they target breaking even.

“We cover our margins and then where we do experience any profits, we have a pool that eventually goes back to local companies for wellness initiatives,” Tyrell said.

She added that including medical in the captive had been a positive experience to date.

“Because we work so closely with HR teams, we’ve been able to provide comfort locally that we’ll be flexible enough because there are things that are not necessarily covered locally, but because it’s 100% reinsured into our captive, we can take those claims on,” Tyrrell explained.

“We’ve been able to provide benefits that may have been a bit more generous than they’ll get in the market because again, we write it 100%.”

Fordham said that because medical is typically lower margin business, and often written on a breakeven basis such as in HSBC’s case, the motivation for companies going down this route is more about delivering better care to staff, and attracting and retaining talent.

“You’re talking about covering your people,” she added.

“You want your people to be at work, being productive, being able to do the job that you are paying them for. So being able to ensure that if they need medical treatment or their family needs medical treatment, that they can access that because you can provide the appropriate insurance.”

Listen to the full discussion between Nicola Fordham, chief underwriting officer at MAXIS Global Benefits Network, and Nekisha Tyrrell, head of underwriting at HSBC Insurance (Bermuda) Limited, here or on any podcast platform by searching for ‘Global Captive Podcast’.

GCP Short: Underwriting medical in your international EB programme

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Nicola Fordham, MAXIS GBN
Nekisha Tyrrell, HSBC Insurance (Bermuda) Limited

This GCP Short, produced in partnership with MAXIS Global Benefits Network, is all about reinsuring medical programmes with a captive.

As ever, we are very pleased to have a client perspective in this employee benefits episode. Joining Richard is Nekisha Tyrrell, Head of Underwriting at the HSBC Group captive in Bermuda, and Nicola Fordham, Chief Underwriting Officer at MAXIS.

Nicola and Nekisha go on to discuss what we mean by medical cover in the context of international employee benefits programmes, why it is rarely added to captives immediately, the advantages of and rationale for writing it and how challenges such as medical inflation can be managed.

For more information on MAXIS Global Benefits Network and its captive services, visit their Friend of the Podcast page here.

DC lawyer defends role in $19m claim involving “highly questionable” captive

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DC lawyer Stuart Anolik, a specialist in mid-market captives including for “wealth preservation”, has denied allegations of conflict of interest regarding a Saint Lucia captive strategy at the centre of a $19m premium dispute.

In a suit filed with Maryland District Court in May 2022 plaintiffs Cosmo Import & Export and Outdoor Living (Cosmos Parties), a Wyoming furniture business, argued that they hired Stuart Anolik and the entities that he worked for, Anolik & Associates (A&A) and Fidelis Business & Advisory Services (Fidelis), to provide legal, business, and tax advisory services, particularly with respect to captive insurance matters.

According to his biography on his current law firm FisherBoyles’ website, Anolik has “extensive experience with insurance matters, including captive insurance, where he consults with mid-market closely held businesses on the advantages of implementing captive insurance scenarios that can provide benefits in such areas as risk mitigation, cost control, and wealth preservation”.

Based upon Anolik’s advice and recommendation, the Cosmo Parties said they purchased captive insurance from Reliant Group & Casualty Insurance ICC, Ltd (Reliant) an insurance company domiciled in Saint Lucia.

The plaintiffs argue that Anolik pressured them into putting millions of dollars into the Reliant captive, but did not fully disclose that he had close ties with the company. Anolik was a director of Reliant from 2010 to 2011 and his son had been an employee.

The suit also states that Anolik devised a tax strategy in which Cosmo would sell its right to the policy to a Barbados company, Geneva International Insurance, which would then issue a policy to Cosmo owner Jennifer Hayes for a life insurance trust of which she was beneficiary.

The Cosmo parties further accuse the tax attorney of providing an explanation of the Cosmo policy about its assignment to the Barbados company that gave Reliant a “pretextual excuse” to label the deal an illegal tax evasion scheme, terminate the policy and keep paid premiums totalling $19m.

“Reliant swindled approximately $19m from the Cosmo Parties,” the original complaint document states.

“Upon information and belief, Anolik played a meaningful role in this scam, ultimately allowing Reliant to terminate the Cosmo Parties’ insurance coverages and all benefits thereunder, particularly the right to a return of their premiums paid.”

In the court documents seen by Captive Intelligence, the plaintiffs also refer to Reliant’s reputation as “highly questionable”, noting that one court described its captive insurance programme as, “at best, a scheme, and at worst, a scam”.

In response to the claims made by the plaintiffs, the Anolik admits that for a “very brief time” in 2010 to 2011 he was listed as a director of Reliant, “but denies that at that time or any other time he was involved in Reliant’s operations or business activities”.

“Anolik further admits that his son was employed by Reliant at certain times, but Anolik does not know the actual dates of such employment,” the document said.

The defendant also told court that he had “no involvement” in a decision by Reliant to terminate a client’s policy and keep some $19m in already paid premiums.

“Anolik defendants had no involvement in Reliant’s termination decision and accordingly lack information sufficient to enable them to admit or deny the allegations of Paragraph 6 of the Complaint; therefore, they deny said allegations.”

The defendant argued that Cosmo sold its Reliant policy to Geneva and thus does not have standing to sue him.

Domicile Wars: Continued growth expected entirely from Texas-based businesses


  • Lone Star State has quietly grown into a significant captive domicile for large local corporates
  • More than 70 captives now total more than $10.4bn in premium
  • TxCIA pursuing group and cell legislation, as well as guarantees over DoI captive resourcing

The number of captives in Texas is expected to continue rising, despite the state having limited interest in attracting captives owned by businesses beyond its borders, sources have told Captive Intelligence.

Paul Phillips, partner and global captive network tax leader at EY, said there are a number of companies who are continuously looking at forming a captive, and many of these companies are within the borders of Texas.

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MAXIS GBN appoints Schupak to new global BD role

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MAXIS Global Benefits Network (MAXIS GBN) is set to appoint David Schupak as director of global relationship management, reporting to Paul Lewis.

MAXIS is the international employee benefits joint venture between MetLife and AXA, providing fronting and programme management services for EB programmes around the world.

Schupak will leave his role leading the Western Europe, Middle East and Africa (WEMEA) business development (BD) teams at MAXIS but continue reporting to Paul Lewis, chief business development officer.

“I’m delighted to be taking on this new role,” Schupak said.

“I’m very much looking forward to building on already strong relationships with our network, intermediaries and wellness partners.”

In his new role, Schupak will oversee MAXIS’ inbound business development strategy, manage relationships with both global and regional brokers and intermediaries, and work with Dr Leena Johns to further develop the global health and wellness business development strategy. 

“Our WEMEA team has gone from strength to strength under David’s leadership and I want to thank him for all his work in taking the team to such heights,” Lewis said.

“I’m confident that David’s industry knowledge and excellent relationship building skills mean he’s going to be a great success in his new role and that we’ll see some really positive results.”

Schupak has more than 25 years’ experience working in the global employee benefits industry.

He started his career working with AIG in 1998 in New York and Peru, followed by several years in Latin America and Europe, before moving to Maxis GBN in 2010.

Cayman-domiciled “sustainability focused” group captive launched by Zurich, ICS

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Zurich North America has partnered with Innovative Captive Strategies (ICS) to launch a Cayman-domiciled group captive that will bring together companies wanting to optimise their risk management programmes and advance sustainable practices.

Envision Re was licensed in August 2022 as a Class B(i) insurer by the Cayman Islands Monetary Authority (CIMA) and will be managed by ICS.

Prospective members of the captive will be vetted prior to joining and start with a sustainability assessment of their carbon footprint and energy consumption, led by Zurich Resilience Solutions.

“Envision Re’s sustainability lens is unique in the group captives marketplace,” Dawn Hiestand, head of group captives at Zurich North America, said.

“The Envision Re captive will provide the usual advantages of a member-owned, Zurich-fronted captive, offering companies greater control of their auto, general liability and workers’ compensation risk management programs, with the added value of services and support for members’ individual sustainability objectives.”

Prospective members will be vetted prior to joining with sectors including agriculture, alternative energy, construction, manufacturing, professional services, supply chain, technology, transportation and logistics, and wholesale all targeted.

“ICS has built its reputation around creating captives with higher engagement and more control with a peer group experience for its captive owners,” said Tim Flattery, captive consultant and shareholder at ICS.

“This leads to loss ratios that outperform the industry standards. ICS and Zurich are now taking this same model that has led to so much success in loss prevention and added the focus of sustainability.”

Group and cell captives on legislative agenda for TxCIA

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The Texas Captive Insurance Association (TxCIA) is keen to see legislation that would allow cell and group captives to be formed within the domicile, sources have told Captive Intelligence.

The Lone Star State first introduced captive legislation in 2013 with 13 captives formed by the end of 2014.

In November 2022 there were more than 72 captives domiciled in Texas and premium totalled $10.4bn in 2021. Captive Intelligence is awaiting year-end domicile figures for 2022.

“We are looking at a bill to expand that and we’re working with a lobbyist to draft legislation,” said Houston-based Andrew Marson, managing director at Strategic Risk Solutions and a TxCIA board member.

“We’re looking to change the law to make it possible to form group captives and cell captives to make Texas on par with a lot of the other domiciles around the country.”

Other sources noted that they were lobbying the state to also introduce branch captive legislation, but that it may take time for any potential new legislation to come to fruition.

“The state is open to a lot, but it’s just the bandwidth of having the personnel to help push things out,” the source added.

Currently, those wishing to form a captive in the state only have the ability to form single parent or pure captives.

Despite excitement about the potential for group and cell captive legislation, some sources speaking to Captive Intelligence were hesitant about the potential for branch legislation.

“I’m not a fan of the branch captive legislation for Texas, because I think that the branch captive legislation would just give a lot of savvy taxpayers and risk professionals the ability to reinsure outside of Texas’s borders,” one consultant said.

“If I’m Mississippi, for example, I want branch legislation because no one’s going to stay there. But if I’m Texas, I don’t really want it because I don’t want to be a conduit to someone else’s economic development.”