Is Captive Insurance Right for Your Business? A Deep Dive with AkinovA
PODCAST: Benefits Companion - Captive Insurance Arrangements
Captive Insurance Arrangements
Industry veteran Andrew Norton was appointed by the Texas Department of Insurance (TDI) as captive insurance specialist in April 2026, following the departure of Robert Rudnai. Norton has more than 15 years of experience in...more
If your organization has been considering captive insurance lately, you’re part of a bigger trend. Even as parts of the insurance market begin to soften—with more competition and, in some lines, improved capacity—many...more
A US Treasury Inspector General for Tax Administration (TIGTA) report found that the IRS’s approach to auditing large partnerships has been ineffective due to resource constraints and inefficient selection processes,...more
In Ankner v. United States, a federal jury rejected the Internal Revenue Service’s attempt to impose approximately $4 million in promoter penalties under IRC § 6700 against a captive insurance manager....more
In Part 1, we explored what warranties are, how warranty claims work, and the relevant legal framework under the Uniform Commercial Code. Now that we understand the mechanics of warranties, we can examine why they are an...more
Commercial auto, workers’ compensation, and general liability insurance receive the lion’s share of attention from the captive marketplace. This focus is understandable....more
Skadden’s Insurance practice was prominently represented among attendees of ReFocus 2026. Drawing from conversations at ReFocus 2026 and our observations of current market trends, we have the following five key takeaways for...more
On 20 January 2026, the Bermuda Monetary Authority (“BMA”) appeared at the Bermuda Captive Network’s half-day education summit, speaking on what is required to make a meaningful captive licence application and reminding...more
Global growth in insurance premiums has created a need for more capital in the sector — a need being answered by financial sponsors, sovereign wealth funds, family offices and investment managers....more
In the context of third-party liability claims, a familiar arrangement arises when an insurer retains defense counsel for its insured: the tripartite relationship among the insured, the insurer, and defense counsel. While...more
Ryan, LLC v. Internal Revenue Service is the latest example of success in overcoming procedural hurdles to challenge the validity of a US Department of the Treasury (Treasury) regulation....more
Courts considered some interesting insurance issues this past month. The Indiana Supreme Court lent a sympathetic ear to insurers facing multiple claims against a single policy by adopting a “safe harbor” provision for...more
In Patel v. Commissioner, the United States Tax Court held on November 12, 2025, that the economic substance doctrine, as codified by § 7701(o) of the Internal Revenue Code, requires a relevancy requirement, noting that...more
Effective October 1, 2025, Public Act No. 25-130 amends Connecticut’s captive insurance laws. Important amendments under the act include...more
On May 7, 2025, Arizona Governor Katie Hobbs signed House Bill 2193 into law after the bill passed in the Arizona legislature in late April. HB 2193 amends the captive insurer section of the Insurance Code by reducing the...more
On Friday, April 11, 2025, the Internal Revenue Service issued Notice 2025-24 (the “Notice”), which waives applicable penalties under the Internal Revenue Code to participants in, and material advisors to, reportable...more
Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some...more
Captive insurers can offer enhanced control over coverage, claims, and premiums; however, they also face specific challenges when dealing with large-scale coverage events that have highly uncertain scopes, particularly when...more
On 14 November 2024, Chancellor of the Exchequer Rachel Reeves announced the launch of a three-month consultation on the regulatory regime for UK-domiciled captives. The consultation seeks a broad range of market feedback on...more
On December 12, 2024, the Alberta Superintendent of Insurance (the “Superintendent”) issued Interpretation Bulletin 08-2024 (the “Bulletin”) extending the ability of captive insurers to reinsure certain third-party risks. As...more
This article is the first in a series that will address privacy concerns for insurance carriers, agents and brokers. The insurance industry is uniquely situated at the confluence of multiple data privacy regimes....more
Last month, the Internal Revenue Service (the “IRS”) notched another win at the U.S. Tax Court (the “Tax Court”). In its opinion, the Tax Court commented that it has decided seven cases involving similar captive insurance...more
The operating provisions of the corporate income tax regime for Bermuda legislation will be effective for fiscal years beginning on or after 1 January 2025. This will apply to "Bermuda Constituent Entities" of an "In Scope...more
North Carolina lawmakers recently passed a new bill to make the state more appealing to captive insurance companies and risk-retention groups. Senate Bill 319, which passed with unanimous support and was supported by the...more
The Tax Court has invited amicus briefs and will address the codified meaning of the economic substance doctrine after increased IRS use of the doctrine to challenge taxpayer transactions. In a July 19, 2024, order in...more