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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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"Insurance Innovation Finds Support from Newly-Announced North Carolina Regulatory Sandbox and New York FinTech Innovation Lab," Insurance/Reinsurance Alert (October 25, 2021). Contacts: Laura Foggan, Kevin D. Cacabelos
Client Alert/Newsletter
"Insurers’ COVID-19 Notepad: What You Need to Know Now - Week of October 11, 2021," Insurance/Reinsurance Alert (October 11, 2021). Contacts: Laura Foggan, Adam J. Singer, Rachel A. Jankowski, Samuel H. Ruddy
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now (Week of October 4)," Insurance/Reinsurance Alert (October 4, 2021). Contacts: Laura Foggan, Rachel A. Jankowski, Samuel H. Ruddy, Adam J. Singer
Client Alert/Newsletter
Policyholders Hopeful Despite 9th Circ. COVID-19 Losses Law360 (October 4, 2021)
Media Mentions
"Ninth Circuit Agrees with Other Federal Appellate Circuits: No Coverage for Covid-19 Claims," (October 1, 2021). Contacts: Laura Foggan, Jordan A. Hess
Client Alert/Newsletter
"Sixth Circuit Vacates Henderson Road Ruling That Had Favored Policyholders on Covid-19 Claims," Insurance/Reinsurance Alert (October 1, 2021). Contacts: Laura Foggan, Rachel A. Jankowski
Client Alert/Newsletter
"Insurers’ COVID-19 Notepad: What You Need to Know Now - Week of 09.27.2021," Insurance/Reinsurance Alert (September 27, 2021). Contacts: Laura Foggan, Adam J. Singer, Rachel A. Jankowski, Samuel H. Ruddy
Client Alert/Newsletter
'Forever Chemicals' Coverage Suits Likely To Echo PCB Disputes Law360 (September 24, 2021)
Media Mentions
"Third Straight Appellate Court Joins in Unanimous View: No Coverage for COVID-19 Business Interruption Claims," Insurance/Reinsurance Alert (September 23, 2021). Contacts: Laura Foggan, Rachel A. Jankowski
Client Alert/Newsletter
"Insurers' COVID-19 Notepad: What You Need to Know Now, Week of 9.20.2021," Insurance/Reinsurance Alert (September 22, 2021). Contacts: Laura Foggan, Adam J. Singer, Rachel A. Jankowski, Samuel H. Ruddy
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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