Anderson Kill’s attorneys have decades of experience in the organization and operation of captive insurance companies, whether included within a controlled corporate group or owned by and serving otherwise unaffiliated entities. We have advised on a variety of legal, structural, and regulatory issues that arise in the formation of captives. We assist in transforming a client’s financial risk into insurance financial risk transfer through the formation of a captive. We advise on fronted, direct and reinsurance structures and review capital deployment strategies and deal with various captive types and structures.
Anderson Kill stands alone among other law firms in its ability to provide conflicts-free advice to policyholder-owned captives, given the firm’s longstanding commitment to representing only policyholders and not insurance companies.
The team is headed by Marshall Gilinsnky, who handles the insurance litigation issues and Andrew Walsh, who is responsible for corporate issues.
Unlike other firms, Anderson Kill’s practitioners approach captive formation and advice from a policyholder’s perspective. Anderson Kill is the premier policyholder's law firm and our attorneys also have practice and industry experience in domestic and international taxation, insurance coverage, corporate and securities law. Anderson Kill is familiar with registration requirements, industry landscape, operational costs and other crucial factors in the ten or so domiciles in which captives operate, so our clients can make informed decisions and enjoy a smooth transition in the formation and operation of a captive. We understand that companies launch captives for a variety of reasons, so we deliver legal advice based on the needs and business objectives of our clients.
In conjunction with other consultants such as actuaries and CPAs, we assess our clients’ business and legal objectives, historical loss experience, the commercial market availability, capitalization requirements, corporate culture, appetite for risk retention and the client’s overall business goals in order to set a course designed to meet the client’s needs. In this regard, we review business plans and feasibility studies against regulatory requirements, funding and governance matters specific to the domicile in which our clients have chosen to operate the captive, all with the goal of optimizing a client’s captive insurance opportunities. Leveraging our experience with financing entities, we are able to structure very effective contractual relationships with both affiliated parties and third parties. We also have experience in advising with respect to reinsurance agreements and reinsurance matters.
When captives encounter disputes on claims – either with reinsurers, fronting insurance companies or other counterparties – Anderson Kill is able to put its decades of insurance coverage litigation experience to work for our clients. Few law firms have the experience of Anderson Kill in coverage litigation and reinsurance arbitration, or the ability to represent their clients free of insurance industry conflicts of interest. Moreover, no firm can match the extensive database of insurance company briefs, advertisements and other materials compiled since the 1980s by Anderson Kill’s Insurance Litigation Support Services department – materials that frequently expose double-standards employed by the insurance industry when it comes to the handling and payment of claims.
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