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Crowell & Moring lawyers have experience working with clients in the evaluation, design, and implementation of self-insurance and captive programs, including formation and counseling of tax-efficient single-parent and group captive insurance companies in the U.S. and throughout the world.

Bringing to bear deep experience in the legislative, regulatory, tax, corporate and reinsurance components of the self-insurance and captive discipline, we provide important insight into the advantages and disadvantages of various alternative approaches to risk financing and management. Our offerings include the review and analysis of a client’s commercial insurance programs, design of potential internal self-insurance options, and structuring/implementation of comprehensive captive insurance alternatives.

In addition, our deep involvement with the commercial insurance and reinsurance markets allows us to design and implement reinsurance programs that seamlessly complement the underlying captive programs that have been put in place.

Over the years our lawyers have handled self-insurance and captive projects in the following representative areas, among others:

  • Working with the risk managers of Fortune 500 companies in the structuring of internal self-insurance programs to assume portions of their crucial corporate property and liability coverages.
  • Advising a group of financial institutions in the structuring, formation and ongoing counseling of a group liability insurance company.
  • Advising a Fortune 50 company in the reinsurance of its employee benefits exposures in a wholly owned captive.
  • Advising a group of energy industry companies in connection with a group liability insurance captive.
  • Working with a group of healthcare industry entities on the formation and counseling of a self-insurance facility to support a concierge medicine program.
  • Representation of a group of international auditing firms in counseling their group-owned professional liability captive.
  • Design, formation and counseling of numerous risk retention and purchasing groups serving the corporate members of various U.S.-based industries.

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"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of November 30)," Insurance/Reinsurance Alert (November 30, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer, Rachel Jankowski
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of November 23)," Insurance/Reinsurance Alert (November 23, 2020). Contacts: Laura Foggan, Mark Meyer, Rachael Padgett, Adam J. Singer, Rachel Jankowski
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of November 16)," Insurance/Reinsurance Alert (November 16, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer, Rachel Jankowski
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of November 9)," Insurance/Reinsurance Alert (November 9, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer
Client Alert/Newsletter
Crowell & Moring Earns 52 Practice Rankings in 2021 "Best Law Firms" Report (Nov.05.2020)
Firm News/Announcement
"ALI Restatement of Law Liability Insurance: A Look Back at Its History, Its Use in Courts Today, and a Forecast of Its Future Impact," Women in Insurance Network Virtual Regional CLE Program, ABA's Section of Litigation Insurance Coverage Litigation Committee (November 5, 2020). Panel Member: Laura Foggan.
Speech/Presentation
Rules of Policy Interpretation Reflect Lingering Policyholder Bias in the ALI’s Restatement of the Law, Liability Insurance (Fall 2020). Authors: Laura Foggan and Rachael Padgett.
Publications
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of November 2)," Insurance/Reinsurance Alert (November 2, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 26)," Insurance/Reinsurance Alert (October 26, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 19)," Insurance/Reinsurance Alert (October 20, 2020). Contacts: Laura Foggan, Rachael Padgett, Adam J. Singer
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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