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GCP #97: Steve Kinion on DDOI V IRS, Alberta’s Rick Da Costa, and SS&C Technologies

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Steve Kinion
Rick Da Costa, Borden Ladner Gervais LLP
Dennis Moore, SS&C Technologies
Scott Kurland, SS&C Technologies

In episode 97 of the Global Captive Podcast, supported by the E⁠Y Global Captive Network⁠, Richard is joined by a range of guests to discuss a variety of topics.

Timestamps and guests below:

00.00 – 01.34: Richard introduces the episode and our four guests.

01.34 – 21.53: Speaking in a personal capacity, experienced captive reglator Steve Kinion provides first hand insight into the long running legal dispute between the Delaware Department of Insurance, and the Internal Revenue Service, regarding access to documents concerning captives that were under investigation. He reflects on the outcome, and the potential implications.

21.58 – 36.08: Luke interviews Rick Da Costa, Partner and National Leader for Corporate and Regulatory Insurance & Reinsurance at Borden Ladner Gervais LLP, who brings us up to speed on activity in Alberta and its appeal as a new captive domicile for Canadian businesses.

36.11 – 48.48: Dennis Moore, Senior Sales Executive, and Scott Kurland, Managing Director at SS&C Technologies, tell us about their roles at SS&C and how they fit into the captive value chain.

The SS&C Insurance Solutions team will be attending the World Captive Forum next month in Orlando, Florida, so feel free to reach out to speak with a representative.

Richard referenced several articles and previous episodes during GCP #97. See links below.

⁠GCP Explainer: IRS vs Delaware Department of Insurance⁠

⁠Hearing highlights: IRS totally fails to engage, 831(b) captives will close⁠

⁠Domicile landscape evolving fast for Canada’s prospective captive owners⁠

⁠Delaware updates regulation of Side A D&O and capitalisation requirements⁠

For the latest news, analysis and thought leadership from the global captive market, sign up for the ⁠Captive Intelligence twice-weekly newsletter⁠.

AM Best upgrades rating of Saudi oil captive

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AM Best has upgraded the long-term issuer credit rating to “a+” (excellent) from “a” (excellent) and affirmed the financial strength rating of ‘A’ (excellent) of Bermuda-domiciled Stellar Insurance. The outlook for the ratings is stable.

Stellar is a single parent captive owned by Saudi Arabian Oil Company (SAOC).

The majority of Stellar’s premiums are represented by energy onshore and offshore property risks, and approximately 92% of premiums are associated with risks located in Saudi Arabia.

The ratings reflect Stellar’s balance sheet strength, which AM Best assesses as very strong, as well as its strong operating performance, neutral business profile and appropriate enterprise risk management.

An offsetting balance sheet strength factor is the captive’s reliance on reinsurance to provide high gross underwriting limits.

The credit risk associated with reinsurance is mitigated partially by Stellar’s use of a diversified panel of financially strong reinsurers.

AM Best expects Stellar’s risk-adjusted capitalisation to remain at the strongest level, supported by its low underwriting leverage, full earnings retention, and a comprehensive reinsurance programme.

Stellar’s capital base has grown steadily over time, with earnings being retained fully since the company’s incorporation in 2001, and this has enabled the company to increase its underwriting capacity gradually.

The captive’s capital requirements within AM Best’s Capital Adequacy Ratio (BCAR) model are driven largely by investment risk and catastrophe risk.

Investment risks stem from the company’s large fixed-income and mutual fund holdings, while catastrophe risk is driven by the company’s large per risk underwriting exposure.

Stellar has reported strong operating results over the past five years, driven by robust underwriting profits in the absence of large losses, shown by a five-year (2018-2022) weighted average combined ratio of 20.7%.

AM Best expects performance in 2023 and beyond to remain strong, albeit subject to potential volatility due to the captive’s exposure to high severity, low frequency losses in its energy programme.

Domicile Wars: Luxembourg confident in the face of rising EU captive competition


  • More captive formations expected by end of the year
  • French captive owners unlikely to re-domesticate
  • Luxembourg could benefit from PCCs, but equalisation provision a barrier
  • Replenishment of talent and Solvency II considered key challenges

Luxembourg’s established and attractive equalisation provision, in addition to its long-standing reputation, are expected to maintain the jurisdiction’s popularity as an EU domicile choice for reinsurance captives, despite increasing competition.

There has been concern that the introduction of captive legislation in France could provide stiff competition for Luxembourg, with the French government publishing details of its captive decree in June.

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Captive Intelligence provides high-value information, industry analysis, exclusive interviews and business intelligence tools to professionals in the captive insurance market.

Nomi partners with ClearPoint to aid small and mid-sized employers with health costs

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Direct healthcare company, Nomi Health, and South Carolina-based ClearPoint Health have partnered to help small and mid-sized employers across the US take better control of their health insurance costs.

ClearPoint develops and scales clinically integrated captives, including clinical providers in the sponsorship of medical stop loss captives.

The product, CliniCaptive, is built for provider organisations to offer more affordable insurance to their local employers.

“Together with ClearPoint Health, we’re simplifying how healthcare is paid for and delivered, and we take pride in passing these savings onto small and mid-sized employers, so they can provide an affordable plan to their employees and families,” said Mark Newman, CEO and co-founder of Nomi Health.

Using the CliniCaptive product, Nomi will feature its platform of services, including network of provider partners, pharmacy solutions, revenue cycle management, member navigation services, and reporting and analytics suite.

ClearPoint and Nomi will be launching their partnership product across at least four regions in over 15 states in 2024, with expansion planned for early 2025.

Over 50 health systems are expected to participate in select geographies over the next year.

“ClearPoint’s medical stop loss captive integrates perfectly with Nomi’s service platform,” said Jeb Dunkelberger.

“Together, we’re able to partner with more provider organisations and health systems as we aggregate employers seeking an alternative insurance solution that offers sustainable affordability.”

In October, Dunkelberger told Captive Intelligence that there is no end in sight when it comes to current US health insurance challenges, with SMEs disproportionally being impacted.

Helio hires Jesse Olsen as COO

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Risk and insurance services company Helio has appointed Jesse Olsen as its chief operating officer.

Captive Intelligence reported the launch of Helio in March, when experienced captive operator Heather McClure was appointed general counsel and chief risk officer.

Olsen joins after leaving Strategic Risk Solutions in November, where he was a managing director. Prior to SRS he was practice leader of Lockton’s Texas specialty risk services.

“We are thrilled to have Jesse join Helio,” said Heather McClure, general counsel & chief risk officer at Helio.

“We crossed paths many times on the speaking and teaching circuit over the years. It is clear to me Jesse shares a similar vision for delivering best-in-class service and consulting to current and prospective captive owners.”

Helio currently has offices in Dallas, Tulsa, Oklahoma City, and Kansas City.

“As I begin this fantastic new role, I have many reasons to be thankful,” Olsen said.

“Foremost are relationships with colleagues who provide extraordinary opportunities to learn.”

Olsen said there is “incredible momentum” as captive utilisation and related risk financing strategies continue to disrupt “conventional paradigms” of how to manage risk.

AM Best affirms rating of AES captive

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AM Best has affirmed the financial strength rating of ‘A’ (excellent) and the long-term issuer credit rating of “a” (excellent) of Vermont-domiciled AES Global Insurance Company (AGIC). The outlook for the ratings is stable.

AGIC is owned by AES, a Fortune 500 energy company that operates a portfolio of generation, distribution and energy storage businesses.

As a single parent captive for AES, AGIC remains an integral part of the parent’s overall risk management framework, and the company continually evaluates the use of AGIC for the group’s risk management.

The ratings reflect AGIC’s balance sheet strength, which AM Best assesses as very strong, as well as its strong operating performance, neutral business profile and appropriate enterprise risk management.

The ratings also reflect the improved credit profile of AGIC’s parent.

AM Best said that AGIC continues to demonstrate strong operating performance through its favourable underwriting results, and benefits from inherently low expense structures.

The ratings reflect AGIC’s “sound risk management” capabilities with a focus on sustaining improving capitalisation, underwriting performance and conservative balance sheet strategies.

Aon close to second Alberta captive formation

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Aon is working on its second Alberta captive which is expected to be licensed shortly, after launching its first in September.

Of the two companies that Aon has set captives up for in Alberta this year, one is for an Ontario based company, and one is for British Columbia-based organisation.

In 2023, Aon will have launched five new captives in total for Canadian businesses.

“Two are in Vermont, two are in Alberta, and one is in Bermuda,” Toronto-based Mike Weiss, national leader for alternative risk financing solutions at Aon Global Risk Consulting, told Captive Intelligence.

The often-named Energy Province introduced its captive legislation in July last year, and now has 11 captives domiciled in the region.

Weiss said that those Canadian companies that are currently domiciling their captives outside of Canada generally have significant amounts of non-Canadian risk.

“Alberta is currently not an option for them necessarily from a corporate structure, strategic and service perspective,” he added.

Captive Intelligence published a long-read highlighting that Alberta is expected to quickly surpass British Columbia as Canada’s largest captive domicile, as Canadian businesses are presented with greater choice between onshore and offshore jurisdictions.

British Columbia’s captive legislation is more established than Alberta’s and for the past 25 years had been the only onshore captive regime in Canada. It has just over 20 active captives today.

Weiss said Alberta is turning out to be a more viable alternative to British Columbia as the legislation is “more friendly” with regards the type of captives that can be formed, while companies are not required to have most of their operations in the province.

“Alberta has written into legislation that it will review and reply to an application within 45 days, whereas British Columbia can take a minimum of four months,” Weiss said.

“Alberta is more open for business, but their ability to grow their team to process and regulate the growing captive market will need to be seen.”

Weiss noted that there are several large to midsize Canadian companies including energy companies that have predominately, if not 100%, Canadian risk, that could benefit from a captive.

“Several have never thought about it or expressed interest over the past few years but have not yet gone through the process,” he said.

“As we go into 2024 and beyond, these companies will potentially begin to recognise the benefits.”

GCP Short: Fronting, parametrics, cyber and reflections from ECF 2023

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Emma Sansom, Zurich
Francesco Capraro, Sigurd Ruck

In this GCP Short, produced in partnership with ⁠Zurich Insurance⁠, Richard is joined by Emma Sansom, group head of captives at Zurich, and Francesco Capraro, reinsurance captive operations manager for Saipem’s Switzerland-domiciled captive, Sigurd Ruck.

Emma, Francesco and Richard spend 30 minutes reflecting on some of the themes emerging from the European Captive Forum in Luxembourg, including discussion on fronting and reinsurance structures, parametric products, cyber and what needs to be done to secure the next generation of talent for the captive industry.

Richard references a previous GCP Short on cyber risk and captives, featuring the Solvay insurance team and CISO. ⁠Listen to it here⁠.

For more information on Zurich Insurance and its captive services, visit its ⁠Friend of the Podcast page here⁠.

For the latest news, insight and thought leadership from the global captive industry, visit ⁠Captive Intelligence⁠ and sign up for our ⁠twice-weekly newsletter⁠.

Manufacturers gravitating towards captives to write extended warranty


  • Extended warranty generally more profitable than traditional P&C lines
  • Bermuda, Cayman, Vermont and Hawaii popular domiciles for extended warranty
  • Less risky that P&C lines but companies must still carefully assess exposures
  • Often fronted as domiciles have different rules on third-party risk

Companies are increasingly leaning towards utilising captives to write extended warranty coverages.

A warranty is an insurance policy which guarantees products will be repaired or replaced if the item is faulty or broken.

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Captive Intelligence provides high-value information, industry analysis, exclusive interviews and business intelligence tools to professionals in the captive insurance market.

Airmic welcomes UK government commitment to captive consultation

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Airmic CEO Julia Graham has welcomed the United Kingdom government’s commitment to a captive consultation in spring 2024.

The UK government announced on 22 November that it will launch a consultation on the design of a new captive framework in spring 2024, with the aim of “encouraging the establishment and growth of captives” in the UK.

“Airmic welcomes the commitment from government to hold a consultation in 2024 concerning the introduction of a captive regulatory regime in the United Kingdom,” Graham said.

She said the Association looks forward to working with government, regulators and the wider insurance community to ensure any captive legislation is “fit-for-purpose” and supervises captives “proportionately” in a risk-based solvency regime.

“Through Airmic’s Captive Special Interest Group, we represent and are in touch with a wide range of captive owners that utilise established captive domiciles around the world,” Graham added.

“We will work to collect their views on what a good UK captive domicile should look like.”

Graham has previously said the UK could offer a “unique proposition” for captives if a “proportionate and fit-for-purpose” regulatory environment is developed with long term commitment from the government.

Airmic has stated it would want to see a captive regulatory regime sit outside of Solvency II, or its successor Solvency UK, and there must be recognition that a captives are different from commercial carriers, presenting significantly lower risk to consumers and the wider financial system.

In September, a delegation of captive specialists met with the UK government’s previous City Minister, Andrew Griffith MP, at the Treasury to discuss the possible introduction of a captive regime.

The delegation and meeting was organised by the London Market Group (LMG) and Griffith, and included captive owners, brokers, insurers and the wider risk management community.

Griffith has since been replaced as City Minister by Bim Afolami MP, but the government ambition to introduce a captive regulatory framework appears to remain on track.

There is heightening momentum in Europe for more ‘home’ captive domiciling, with France leading the way with new legislation finalised this year and a consistent pipeline of new formations materialising.