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Fewer but larger captives promise innovative future for Cayman

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The consolidation of healthcare companies is the primary reason there has been a reduction in the number of captives operating in Cayman over recent years, according to those speaking to Captive Intelligence during this year’s Cayman Captive Forum.

Experts from Strategic Risk Solutions, Artex, Kensington Management Group and USA Risk were featured in a GCP #78 report from the Forum.

Colin Robinson, director at Strategic Risk Solutions, said: “Certainly, consolidation has been a key driver of the decline in numbers of captives that we’ve had in Cayman. Going back 10 years ago, we would have had numbers in the 700s.”

However, Robinson noted that this isn’t a dissimilar story from what is happening in other mature jurisdictions where older captives come to the end of a natural cycle or M&A activity at parent level prompt re-evaluation of strategy and consolidation where appropriate.

Adrian Lynch, executive vice president, North America, Bermuda & Cayman at Artex Risk Solutions, explained that the consolidation began with the introduction of ObamaCare and healthcare reforms in the United States.

“You had a number of smaller community hospitals that were really struggling for cashflow and really struggling for sustainability,” he said.

“Some of the larger systems might have 180 days cash on hand, and some of the smaller systems were living hand to mouth.

“What ended up happening was a lot of the larger systems picked up some of these smaller systems, and then ultimately if they had captives, they ended up consolidating the captives.”

Captive consolidation in Cayman is also not necessarily viewed as a negative development, due to the new underwriting opportunities that larger captives allow.

“We have seen a lot of consolidation on the captive side, which means potentially less captives,” said Robert Leadbetter, senior vice president at USA Risk.

“Some people were concerned about that, but from my perspective, what you end up having is rather than have two smaller captives, you have one bigger or stronger captive.

“You now have captives that are bigger, stronger, more complex, and I think that’s a good thing.”

Due to the larger size of the captives, many of them are now able to add more lines of coverage.

“So, one of the things that we’ve seen over the last couple of years is a growth in the lines of coverage,” Robinson said.

He highlighted that medical stop loss has been growing and a lot of his clients, if they haven’t already implemented it “are looking to implement it at some point”.

Erin Brosnihan, president at Kensington Management Group, believes there are opportunities for captives across many different lines of coverage including cyber and E&O.

“There are always opportunities for new lines of coverage to assist companies with their risk management profile,” she said.

Robinson noted that there is more sophistication when it comes to captive structures.

“We’re not just seeing the plain vanilla, single-parent captives, we’re also seeing a lot more sophistication, whether it’s through ownership or whether it’s lines of coverages,” he said. “And I don’t see that slowing down for Cayman as a jurisdiction at all.”

Lynch believes it is a very interesting time for Cayman as a domicile.

“We have jurisdictionally, a lot of very well capitalised captives that are sitting on a lot of surplus,” he said.

“They’re in good standing with the regulator and as an underwriter of choice, they have some options as to what they do. It’s a very interesting time for the future.”

Medical stop loss captives on course to represent more than 25% of MSL market

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Medical stop loss (MSL) captives are on course to account for more than 25% of the overall MSL insurance market in the United States over the next few years, according to Phillip Giles, managing director at MSL Captive Solutions.

“It’s not unreasonable to project group captives accounting for more than 25% of the total medical stop-loss market within the next few years,” he told Captive Intelligence.

He added that their research suggests group MSL captives currently represent more than $5bn of the overall $27bn MSL market, with significant growth expected to continue in this space.

The use of MSL captives has increased for a number of reasons, including the ability to optimise long-term rate stability for smaller self-insured employers.

Larger employers that have set up single-parent captives to help distance themselves from commercial market volatility in other lines are expanding their captive to include medical stop loss.

MSL is also an easy addition to a captive and, as a short-tail line of business, can serve as a substantial risk and financial hedge to augment the more traditional long-tail lines held in a captive.

“Adding MSL to the captive also helps the employer from a budgetary perspective,” said Giles.

“Rather than fund the self-insured plans through general assets, the employer can convert segments of retained risk into defined layers of medical stop loss and fund the coverage through regular premiums paid to the captive.”

He added: “This also helps facilitate the definition of and accumulation of surplus, which can be used to offset risk-related expenses further.”

Giles noted that MSL captives that employ sound risk selection (membership) guidelines and have a platform based on medical cost and risk reduction initiatives will continue to outperform the traditional stop-loss market and deliver the best results for their members.

MSL Captive Solutions, which was established in 2020, is one of the few captive service providers focusing specifically on medical stop loss insurance for captives.

 “Our first eight months were spent evaluating underwriting platforms and working through the due-diligence process with our carrier partners,” Giles said.

The company added a chief operating officer, a chief financial officer, and a new chief underwriting officer, earlier this year, along with two more senior-level captive underwriters.

“I have known our CUO, Peter Parent, for more than 20 years,” Giles added.

“He is among the most knowledgeable technicians that I have ever worked with. He has been an extraordinary and impactful addition to our leadership. We have a deep and exceptional team of five expert MSL captive underwriters.”

Lufthansa’s captive outlook revised from negative to stable by AM Best

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AM Best has revised the outlooks to stable from negative and affirmed the financial strength rating (FSR) of A- (Excellent) and the long-term issuer credit rating (long-term ICR) of “a-” (Excellent) for the Lufthansa-owned captive, Delvag.

AM Best said the credit ratings reflect Germany-domiciled Delvag’s balance sheet strength, which it assesses as very strong, as well as its strong operating performance, neutral business profile and appropriate enterprise risk management.

The ratings also reflect rating drag due to its association with its financially weaker parent, Deutsche Lufthansa.

The revision of Delvag’s outlook to stable from negative reflect improvements in the creditworthiness of Lufthansa, which are tied to strong performances in 2022 thanks to the uptick in air traffic and to an improvement of the group’s liquidity position.

Furthermore, Lufthansa has raised its earnings forecast for 2022 by 50% compared with its previous forecast.

Tobias Winkler and Andreas Brügel, who work in senior positions for Lufthansa’s near 90-year-old captive, appeared on GCP #58, and gave listeners a comprehensive history of Delvag, its status today, the third-party lines it writes and recent restructuring projects.

Marsh on track for another “record year” of new captive formations

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Ellen Charnley, president of Marsh Captive Solutions, is expecting 2022 to have been another record year for new formations by the largest captive manager in the world once the final numbers are confirmed.

Marsh broke their own records in 2020 and 2021 when 200 new captives were formed during those two years and speaking on GCP #78, Charnley said appetite for new captives shows no sign of waning.

“We have not seen any signs of it cooling down yet,” she said.

“I ran the very draft numbers year to date so far, and we’re on track for another record year.

“I’m predicting another record year this year. I could be wrong of course, we could fall off the wagon for the next couple of months, but I doubt it.”

North America continues to drive much of the new captive growth, but Charnley emphasised emerging regions and all territories are experiencing a boom in activity.

“That’s been a real delight to see in the position I sit as a global leader,” she said.

“I see that not only in the client activity, but also in our employee headcount activity. We’ve added headcount and new employees across the globe, which has been a delight as well.”

It is also those domiciles that are willing and able to respond quickly to new applications and business plan changes that have benefitted most from the growth activity.

“I would say it’s really a speed to market that the clients have wanted to see,” Charnley added.

“We’ve seen real growth in those locations where domiciles can be nimble and that’s not just the regulator, I mean, but the actual infrastructure of the domicile itself.

“So where captives can be formed quickly and nimbly, those are the real winners for growth. That’s where we’re seeing high growth, not only in numbers of formations, but clients being able to add new lines of business and add new premiums to their captive.”

Charnley also expects to see the captive premium and assets under management (AuM) across their portfolio of more than 1,300 entities continue to increase, despite the commercial market showing signs of softening in most classes of insurance.

“That would be a logical assumption for sure,” she said. “Captives are formed regardless of necessarily what the commercial market is doing. In times when the commercial market is challenging, it tends to encourage more companies to form captives.

“Even when the commercial market starts to go into more of a softening phase, we’ll still see captives being formed for other reasons. As that graph [insurance rates] starts to drop off, it’s important to note that there’s still double digits of growth happening … and some of those lines in some parts of the world are still incredibly challenging for our clients.”

Lactalis the latest French captive licence, momentum continues

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Multinational dairy company Lactalis has received a captive licence from the French Prudential Supervision and Resolution Authority (ACPR).

The formation of Sorelac continues the momentum in France’s captive sector after the 2023 Budget (PLF) made progress, including provisions for introducing a new regulatory regime for captives.

Captive Intelligence understands Sorelac will begin by writing property damage and business interruption insurance. It is also Lactalis’ first captive.

It is understood to have been a 15-year project within the group, and has been completed by risk and insurance director Nicolas Incarnato, who joined in 2019.

Lactalis was keen to pursue the formation in France, despite the uncertainty surrounding the future regulatory regime.

“The demand will be high from new mid-sized players to set up their first captive,” one consultant working with several French captive prospects told Captive Intelligence.

“I’m quite optimistic to say that there will be a demand, especially if we now hear more about the world of captives in France.”

Captive Intelligence understands Strategic Risk Solutions will manage Sorelac, its first formation in France since opening an office in the country in November.

Maxime Schons, head of the Luxembourg office and licensed manager for the Luxembourg regulated entities under management, said: “SRS has recently opened its French office with a dedicated local service team specifically skilled to serve the current and future French regulated entities. It will be overseen by a new director to be appointed very shortly.”

Despite captive specific legislation only progressing last week, ACPR has not been hostile to captives, and since 2020 four new reinsurance captives had been formed in the domicile.

Multinational payment and transactional services company Worldline established a captive in 2020, while food processing business Bonduelle and consortium Groupe SEB set up captives last year.

In October 2022 multinational advertising and public relations company Publicis Groupe got its captive licence. Sorelac is the fifth establishment in that time.

French-owned captives have typically pulled towards Luxembourg and Ireland, while there are also French captives in Malta, Switzerland and Guernsey.

It remains to be seen whether captives already domiciled in a jurisdiction with a strong track record on captives will be tempted to re-domesticate now that the option is available, but experts expect the French market to be dominated by new captives initially.

Premium increases and looming recession poses trade credit question for captives


  • Pandemic contributed to a volatile trade credit market in recent years
  • Expectation rates will rise further, insurers could become more selective
  • Captives could have role to play, but cautious approach advised

The number of captives writing trade credit insurance looks set to increase as the current global economic environment worsens, sources have told Captive Intelligence.

“With the pressure on cost that inflation puts on companies, every expense is being looked at twice,” Fabien Conderanne, head of financial institutions, Europe at WTW, said.

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European cyber mutual granted insurance licence

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The cyber insurance mutual formed by a group of European corporates has received its insurance operating licence from the Belgian regulator and will begin commercial operations on 1 January, 2023.

MIRIS (Mutual Insurance and Reinsurance for Information Systems) has been created by industry veterans Danny Van Welkenhuyzen, Mark Pollard and Philippe Obert and will provide additional cyber insurance capacity for its members.

“Innovation of this level of importance in the insurance industry is unusual,” said Danny Van Welkenhuyzen, MIRIS CEO.

“The National Bank of Belgium, as regulator, needs to verify all aspects rigorously – the suitability of the members, of the governance structure, the feasibility and solvency margins of the business plan.

“We have worked closely with them for many months to satisfy the stringent requirements appropriate to the project. They have been a fantastic partner and we are delighted to have obtained the license.”

MIRIS is domiciled in Belgium and will provide direct insurance. It can only accept members from the European Union and European Economic Area (EEA) with €25 million of capacity being allocated for each member in its first two years of operation.

The chief information security officers (CISOs) of its members, alongside their insurance manager colleagues, have played a significant part in the project and will contribute to a risk control function that screens new members and shares risk management best practices.

“Cyber risk is probably the fastest evolving risk the insurance market has ever needed to consider,” said Mark Pollard, chief operating officer.

“In an industry where data and past experience shape the market response, this rapid evolution creates uncertainty, and consequently market volatility which challenges the risk transfer objectives of the policyholders.

“MIRIS aims to provide additional capacity, and in the longer term to help to stabilise the market for its members. That depends on the members being exceptionally well protected against the risks.

“MIRIS will have a role in promoting and validating excellence in cyber risk protection, as well as providing risk transfer capacity.”

Another big year ahead for captives

Anne Marie Towle is SVP and Global Captive Solutions Leader at Hylant. She is responsible for driving strategy and growth for Hylant’s clients creating global captive solutions. Contact Anne Marie here.

As organisations of all kinds face a continued hard insurance market, with significantly higher premiums and deductibles coupled with new coverage limits, establishing a captive insurance company becomes an increasingly attractive option.

The past year recorded increased levels of captive activity, and the trends suggest 2023 will be another banner year for this versatile, effective risk management strategy.

Given the uncertainty of the global economy and fears of a recession within the U.S., we may see a slowdown in captive formation during the early part of the year. But given the many advantages of a captive strategy and no signs of softening in the insurance market, we’re confident the growth rate will resume quickly.

In addition to new captive formations, we expect to see additional attention paid to the structure and scope of existing captives.

As organisation leaders become more familiar with the performance of their captives and increasingly comfortable retaining risk, they’ll examine opportunities for covering additional areas of risk and analyse whether increasing retentions would be prudent.

Companies that were once content to defer most risk-related activities to their insurance brokers or consultants are playing an active role in identifying and analyzing risk. Beyond addressing traditional property and casualty risks, they are turning to captives for non-traditional coverages such as business interruption, difference in conditions, supply chain, medical benefits, life and voluntary benefits.

This reflects increased sophistication with in-house risk management, a clearer understanding of risk exposures, and growing familiarity with non-traditional risk management opportunities.

Strategies that may have been considered exotic are becoming commonplace, and the increased availability of cell captives creates opportunities for more organisations to explore a captive.

Additional evidence of the increased sophistication is the recognition of the importance of data in risk management. Most organisations have long accumulated relevant data, but until recently, most spent little time analysing it to obtain tangible and meaningful insight into risk exposures.

The right data analysis tools can enhance an organization’s ability to determine how much and which types of risk they can comfortably retain and how best to address them. That provides greater confidence for decision-making and improves forecasting.

Cyber and climate drivers

As we get deeper into 2023, we expect to see increased captive activity around two categories of risk.

The first is the continued use of captives to address cybersecurity. Carriers bruised by large claims related to breaches and ransomware have tightened their underwriting and added exclusions and other limits, pushing many risk exposures back onto the policyholders.

Faced with significant premium increases for less coverage, organisations are seeking alternative ways to create safety nets for uncovered exposures, and captives have been the logical answer for many.

The second category is related to the climate effects on organisations. As regions worldwide experience extreme weather generally attributed to global warming, claims have skyrocketed.

Whether it’s the devastation wrought by Hurricane Ian in the southeast United States, record high summer temperatures across Europe, or droughts and resulting wildfires on multiple continents, weather-related events are threatening property, disrupting operations such as supply chain activity, and creating previously unforeseen liabilities.

As underwriters adjust coverages and premiums in the wake of large claims, organisations increasingly look to captives for creating customized solutions.

Additional risk categories are emerging and are likely to play more prominent roles in future planning and the use of captives.

As mentioned, supply chains have been affected by weather, but that’s just the beginning.

Geopolitical issues such as Brexit, the Russia-Ukraine conflict, and political instability in established and emerging economies threaten dependence on supply chains globally.

The impact of the computer chip shortage on the world’s vehicle production is a familiar example, and it’s far from the only one.

The lessons of the COVID pandemic are not lost on organisation leaders who recognise that increased global travel and commerce are likely to foster future pandemics.

Our captive team has been working with reinsurance providers to develop effective solutions for managing the risks associated with future viruses or other diseases which may threaten the world’s health.

Finally, growing attention to environmental, social, and governance concerns is a promising area for captive strategies.

As consumers and governments place greater emphasis on organisations’ activities and demand accountability for ESG initiatives, those organisations are likely to encounter risks that may best be addressed through captives.

As the world and the global economy grapple with a long list of unprecedented challenges, company leaders need to step up their planning efforts, looking far beyond the next quarter to understand and assess the potential business impact of these far-reaching changes.

In such an uncertain environment, risk management will play a more significant role in determining both big-picture strategies and operational details.

Organisations wise enough to look beyond 2023’s immediate needs will be more likely to include captives in their toolbox of solutions.

OneNexus targets doubling of $1.2bn funding for decommissioning wells

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OneNexus is planning to increase the $1.2bn in funding it is providing to oil and gas companies to help them decommission their liabilities, according to the company’s chief risk officer, Gerry Willinger.

“We think it’s approximately a $500bn issue onshore in North America,” he told Captive Intelligence.

“Our goal is to get through the first tranche of approximately $1.2bn of gross liability exposure in a year. And by next year, hopefully we’ll be out there with another $1.2bn or even bigger.”

The company, supported by its Oklahoma-domiciled captive, recently entered into a definitive agreement with Munich Re’s Energy Transition Finance subsidiary to provide regulatory capital for OneNexus Oklahoma Captive Corporation (OOCC).

Munich Re’s financial commitment, along with capital provided by OneNexus’ founding members, will ensure that the management company has capital to cover up to $1.2bn in liabilities, which it can use to provide energy operators with a clear path to funding their long-term decommissioning liabilities.

Willinger said one reason they had picked the Sooner State for OOCC was because of its regulation of multi-cell captives.

“As you build up the pools of assets, there’s going to be certain assets that fit better into certain cells from a risk perspective,” Willinger said.

“If one client has 25,000 wells, they’re likely to want to be in their own cell, like a separately managed account.”

He highlighted that there are around 3.5 million wells in the US. “And each of them is going to have different levels of risk and duration and you’re going to want to be able to pull those together, to manage the risk effectively.”

Willinger also said the company was attracted to Oklahoma’s history with oil and gas companies.

“We wanted an oil producing state that had a lot of production, and a lot of wells, and we wanted a regulatory body that understood, from an insurance standpoint, the risk associated with the future liability of inactive, unplugged wells,” he added.

This mirrored the thoughts of Oklahoma’s new captive director, Steve Kinion, who highlighted the state’s connection to the oil and gas industry in a recent interview with Captive Intelligence.

“They’re welcome in Oklahoma because Oklahoma has a long history with that industry,” Kinion said.

Willinger said OneNexus had considered the possibility of providing the funds through a trust, before finally settling on the captive model.

“You have the obligation, the moment you drill the well to decommission it, and it’s a growing liability,” he explained.

“So, when we thought about those concepts of liability and risk management, we went down two paths.

“One was to form a trust to help do it, or the other one was captive insurance,” he said.  

“And the reason why we went the captive insurance route is because we think having the long-standing insurance regulations provides and an additional level trust that the money will be there, when claimed, is important.”

He said the company needed a regulated insurance concept that provided a framework where it could be rated from an insurance standpoint and be “regulated by the insurance representatives to verify that the funds will be there”.

GCP #78: Ellen Charnley, Steve Kinion and Cayman Captive Forum report

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Ellen Charnley, Marsh Captive Solutions
Steve Kinion, Oklahoma Department of Insurance
Erin Brosnihan, Kensington Management Group
Adrian Lynch, Artex

In episode 78 of the Global Captive Podcast, supported by legacy specialists R&Q, Richard is joined by Ellen Charnley, President of Marsh Captive Solutions, for our annual interview new formation trends, uses of captives by MGAs, third party growth and ESG.

Luke interviews a familiar face as Oklahoma’s new captive regulator, Steve Kinion, and also has a report from the Cayman Captive Forum, which features, in order, Erin Brosnihan, at Kensington Management Group, Adrian Lynch, of Artex, Robert Leadbetter, of USA Risk, and Colin Robinson, at SRS.

You can listen to the Global Captive Podcast on all podcast apps and the Captive Intelligence website.