Captive Insurance and Alternative Risk Programs

Legal Services

Captive Insurance and Alternative Risk Programs

Kerr Russell handles all aspects of captive insurance and alternative risk programs. For over 30 years, we have formed and advised countless captive insurance companies and other alternative risk entities, including pure captives, group captives, agency and association owned captives, IRC §831(b) small captives, rent-a-captives, cell captives, series captives, risk retention groups, risk purchasing groups and other pooling arrangements.

And, unlike the many law firms whose captive work has only recently arising in connection with the establishment of a particular state’s/domicile’s captive insurance legislation, our captive practice extends beyond Michigan to include all of the major US and offshore domiciles.

Several members of our captive insurance and alternative risk programs practice are Certified Public Accountants as well as attorneys, ensuring that the complicated taxation and accounting issues for our captive clients are properly handled. Our attorneys frequently lecture, publish articles and are quoted nationally and internationally on the latest issues and topics affecting the captive insurance industry.

Our captive clients compete in an array of industries including health care, assisted living, long-term care and nursing home, construction, manufacturing, food service, franchising, trucking/transportation and logistics, association, staffing and PEO, benefits, services, high-tech, oil and gas and other industries. We assist our captive clients through the design and establishment of captive insurance and other alternative risk programs, utilizing a risk management perspective that is bolstered by our substantial experience within the insurance industry, our knowledge of the regulatory compliance arena, securities, corporate governance and contractual expertise, and our recognized strength in local, state, federal and international taxation. Additionally, we assist clients who may have a captive insurance program in place, or who may participate in a group program, to determine whether enhancements may be made to reduce risk and optimize business goals.

We are also seasoned in handling insurance mergers and acquisitions, commutations, novations and redomestications, as well as various alternative risk financing and collateral vehicles such as letters of credit and insurance trusts (so-called “114 Trusts”). Our professionals regularly draft and review insurance policies and reinsurance agreements.  We are also adept at counseling our clients in connection with insurance receiverships and liquidations.

+Practicing Attorneys & Staff

Attorneys

John D. Gatti
John D. Gatti

Member

Patrick J. Haddad
Patrick J. Haddad

Member

Eric I. Lark
Eric I. Lark

Member

Kathleen A. Westfall
Kathleen A. Westfall

Associate

+Related Insights

July 15, 2020

The Best Time to Look into Captive Insurance is Now

Kerr Russell attorney Eric I. Lark discusses the benefits of captive insurance for manufacturers in the Michigan Manufacturers Association MiMfg magazine (p. 26 July 2020).

December 30, 2019

Eric Lark Discusses Growth of Global Captives in Captive International

Kerr Russell Captive Insurance attorney, Eric I. Lark, was recently interviewed by Captive International. The article discusses the number of global captives set to return to growth in 2020.

November 25, 2019

Eric Lark Provides Insight as to Why Group Captives Continue to Flourish

Kerr Russell attorney Eric Lark explains that due to a number of factors group captives continue to flourish. The article is published in the November 2019 issue of Captive Insurance Times.

September 10, 2019

Patrick Haddad Featured in Captive Insurance Times Discussing Proposed Treasury Regulations

Kerr Russell attorney, Patrick Haddad, discusses recent proposals from the IRS to the Internal Revenue Code on the determination of ownership in a PFIC for purposes of Code Section 1297(a).
+Related News

March 17, 2020

Coronavirus/COVID-19 Business Continuity:  A Message to Our Community, Clients and Friends

Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history. Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people

December 9, 2019

Losses: The Number One Killer of Captives

Kerr Russell attorney Eric I. Lark spoke at the Cayman Captive Forum Conference last week. He and other panelists discussed loss control and claims handling in captive insurance. Eric specifically discussed how losses are the number one killer of captives, especially group captives.