The Captive Insurance Series: Exploring the Hard Market

As the insurance industry navigates this most challenging period, characterized by rising costs and claims and fierce competition, carriers have responded by ceasing to offer specific products, adding significant exclusions, or broadening existing ones in their policies. As a result, customers face higher premiums, larger retentions, and deductibles, and decreased liability limits. Amid these challenges, captive insurance has emerged as a compelling alternative to conventional insurance, providing a range of benefits to policyholders.

Source: ProgramBusiness | Published on May 23, 2023

Captive growth 2023 in Tennessee

Today’s ongoing and challenging hard insurance market has seen consecutive quarterly rate increases over the past five years, making it the hardest market in decades. Numerous contributing factors include a pandemic, economic downturns, and increasing claims costs. Additional causes include interest rate fluctuations, nuclear legal judgments, natural disasters such as hurricanes, tornadoes, wildfires, and floods, and trends in loss costs for commercial auto insurance affecting U.S. rates.

As the insurance industry navigates this most challenging period, characterized by rising costs and claims and fierce competition, carriers have responded by ceasing to offer specific products, adding significant exclusions, or broadening existing ones in their policies. As a result, customers face higher premiums, larger retentions and deductibles, and decreased liability limits. Amid these challenges, captive insurance has emerged as a compelling alternative to conventional insurance, providing a range of benefits to policyholders.

Captives are self-insurance entities that provide coverage to companies, facilitating the sharing of risks and costs. They exist in various forms, including pure, sponsored, and cell-captive. Captives give policyholders more flexibility and control over their insurance programs, allowing them to customize their programs. Moreover, captives allow policyholders to seize underwriting profits and investment income.

Impact of the Hard Market on Industry Sectors

The hard market has a profound impact on businesses of all sizes. Insureds face numerous challenges, including increased premiums and difficulty obtaining adequate coverage. As a result, higher premiums and reduced coverage have increased costs for many companies.

The construction, healthcare, and manufacturing industries face heightened risks and rising insurance costs. These sectors are among the hardest hit by the current hard market conditions, so they seek alternative insurance solutions. Small and medium-sized enterprises in all sectors are particularly vulnerable during this period as they often lack the bargaining power of larger corporations.

As a result, companies are re-evaluating their risk management strategies and considering alternative solutions, such as captives and Alternative Risk Transfer (ART) solutions. Insureds are finding captive insurance an attractive and available option to manage their risks with more control and flexibility in their insurance portfolios.

Overview of Captive Insurance

Captive insurance has gained popularity as an alternative form of self-insurance in the insurance industry, especially during the current hard market in property-casualty insurance. This mechanism involves businesses establishing their own insurance company capable of underwriting the risks of the parent company and its subsidiaries.

Captives allow businesses to exert greater authority over insurance costs and customize their coverage according to their needs. And the increasing adoption of captive insurance among insurance brokers signifies its potential to alleviate the negative impacts of the hard market, such as climbing premiums and challenges in obtaining coverage for certain risks.

Understanding How the Hard Market Fosters Captive Insurance

The term ‘hard market’ is used within the property-casualty insurance industry to depict a phase where insurance companies face rising costs and claims, thereby driving up premiums and tightening underwriting standards. These adverse conditions pressure insurance brokers and their clients to seek alternative solutions for their coverage needs. One such solution is the application of captive insurance, where an organization creates a subsidiary company to self-insure risks or insure them along with other similarly positioned organizations.

Advantages of Captive Insurance during a Hard Market

With insurance becoming increasingly costly and scarce in the current hard market, businesses are turning to captive insurance for more stability and control over insurance programs. Captive insurance allows companies to customize their insurance policies to their unique needs instead of accepting generic policies from insurance brokers that may not adequately cover their risks, and that is when coverage is even available to them.

Challenges of Captive Insurance during a Hard Market

As property-casualty insurance prices increase, so do the costs of reinsurance. Captive insurance is commonly used as self-insurance; however, some captive programs must access the reinsurance market to make operations financially sound.

The challenge of finding reinsurance in a hard market is limited and expensive. Businesses should reduce their risk exposure through higher deductibles and self-insured retentions. This can help mitigate the effects of higher reinsurance costs associated with hard markets.

Risks Associated with Captive Insurance in a Hard Market

As the insurance industry trudges through this hard market, captive insurance has emerged as a valuable tool to manage insurance costs. While captives can deliver substantial benefits to property-casualty insurance buyers, it is crucial to understand the risks associated with their use in a hard market.

Although captive insurance has many benefits, it also has some risks. For example, setting up and running a captive insurance company requires a substantial upfront investment and ongoing management costs. If poorly managed, a captive could incur losses exceeding its funding capacity, potentially risking its financial stability when unexpected losses devastate the parent company’s balance sheet.

Furthermore, captives face regulatory risk as laws and regulations vary widely and can change. Non-compliance could result in severe penalties. Lastly, a captive’s success depends heavily on its management team’s expertise and judgment, emphasizing the importance of hiring and retaining competent management.

Tax Advantages of Captive Insurance in a Hard Market

Captive insurance is gaining traction among businesses looking to mitigate the impact of a hard market in the property-casualty insurance sector. In particular, one of the critical advantages of captive insurance in a hard market is the potential to reduce overall insurance costs and gain control over the type and extent of risks covered.

Best Practices for Captive Insurance in a Hard Market

Understanding how captive insurance is gaining adoption in the current hard market is crucial for insurance brokers and organizations seeking to leverage the benefits of this approach. Best practices for captive insurance in a hard market include securing the right coverage, conducting regular risk assessments, establishing sound governance and compliance policies, and partnering with experienced service providers who can offer valuable advice on program development and management.

Regulatory Considerations for Captive Insurance in a Hard Market

In the current hard market for property-casualty insurance, businesses are exploring the potential benefits of captive insurance. However, it’s important to consider regulatory requirements before launching a captive insurance program. From minimum capitalization requirements to risk management standards and reporting obligations, captive insurance providers must comply with numerous regulatory frameworks.

Different Types of Captives

Risk Retention Group (RRG): By pooling resources, these captives established by members of the same industry enable collective risk management and potential cost reductions.

Single-Parent Captive: Owned and controlled by a single parent company, this captive directly insures its parent company’s risks, offering flexibility, tax benefits, and potential underwriting profits.

Association Captive: Created by companies within a common industry or association, these captives pool risks and resources, providing access to coverage unattainable in the traditional market, increased purchasing power, and better risk management resources.

Agency Captive: These captives, formed by insurance agencies or brokerages, allow a portion of the client’s insurance policies’ risk to be retained, offering additional revenue through underwriting profits and more customized insurance programs.

Protected Cell Captive: This structure lets multiple entities share a single captive while keeping separate accounts, providing segregation and protection between participants without establishing separate captives.

Each captive type provides distinct advantages, enabling insureds to tailor their insurance programs, share risks, and achieve cost savings and enhanced risk management. The choice of captive depends on the insured’s specific needs, goals, and regulatory environment.

Alternative Risk Transfer (ART) Solutions Gain Popularity

ART methods provide another avenue for insureds to explore how to mitigate commercial risks in the current hard market. ART opportunities include parametric solutions, captives, and structured options. For example, parametric solutions cover specific events, such as natural catastrophes, and payout based on predefined triggers.

Captive insurance is poised for increased favor as hard market conditions persist. As the insurance market continues to harden and rates rise, risk management becomes an essential strategy for businesses to survive and thrive in this new environment. The combination of captive insurance and other ART solutions allows enterprises to manage their risk exposure effectively.

The Role of Insurance Brokers

Acting as guides through this challenging landscape, insurance brokers play a crucial role. They can assist insureds in understanding their prospects, finding the best insurance answers for their needs, and evaluating the benefits of captive insurance and ART solutions. With their knowledge and expertise, brokers can guide captives in selecting appropriate investments and navigating the complex regulatory environment.

Brokers guide insureds through hard markets, helping them understand options, the benefits of captive insurance, and ART solutions. They also assist in setting up a captive insurance company, meeting compliance, and navigating financial aspects.

The Importance of Risk Management

In a hard market, effective risk management is vital. Insureds should identify and assess risks, apply mitigation strategies, and monitor exposure. While captive insurance and ART solutions are helpful, a well-structured, robust risk management program is essential for success.

Companies must regularly conduct thorough risk assessments to manage their exposure effectively, identifying risk through surveys, interviews, and data analysis. In addition, a solid risk management program will develop strategies to mitigate or transfer these risks.

Conclusion

Lastly, captive insurance presents an excellent solution for companies seeking protection in hard market conditions. The benefits of captive insurance largely outweigh the costs, making it possible for businesses to obtain adequate insurance coverage. As such, more companies are considering captive insurance to safeguard their businesses.

The Program Business Market Directory is a comprehensive database of insurance providers specializing in different sectors or unique solutions. It is a helpful resource for those seeking insurance solutions, connecting them with providers with the necessary expertise and tailored products to meet their needs.

The Program Business Market Directory lists insurance solution providers, such as carriers, program administrators, and managing general agencies, along with detailed descriptions of their services and specialties. This directory helps them connect with potential clients who are searching for their specific services, making it a vital facilitator for matching those with insurance needs to those offering appropriate solutions.