Delaware Captive Insurance Association

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The text of the legislation as it was passed by the General Assembly on July 1, 2007 can be viewed at the following link:

The text of the legislation as it was passed by the General Assembly on June 30, 2005 can be viewed at the following link:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Annual Conference a Success!

On a beautiful fall day, 107 attendees gathered at the Hotel DuPont in Wilmington, Delaware to understand the Delaware perspective on captive insurance. For a good number of attendees, this event was the first captive conference they ever attended, and for some seasoned veterans, it was one of many in the fall captive circuit. But, despite the range of captive insurance expertise, everyone walked away having benefited from the day's program, and it seemed that all those who attended left feeling that, indeed, "Delaware is open for captive insurance business!"

The Delaware Captive Insurance Association's first conference was, by all accounts, a great success and the organizers of the event could not have been happier with the turnout, both in number and diversity. The day certainly got off to a great start with the Founding Members' breakfast, an event attended by invitation only to the Founding Members, where Administrator of the Captive Insurance Program, William White, and Deputy Insurance Commissioner Michael Vild offered our Founding Members the opportunity to become acquainted with them in a smaller setting. Attendees of the conference were greeted in the foyer of the Gold Ballroom by an inviting continental breakfast, sponsored by the Delaware Economic Development Office. Framed by the architectural beauty of the Hotel DuPont's Gold Ballroom, the speakers who generously gave of their time to help develop the program for the conference delivered presentations that were well received by all.

Chris Kramer of Roundstone Insurance gave the novices in the audience an insightful perspective on the global scale of captive insurance, providing an historical overview of captive insurance and the recent trends in the use of captives and domicile considerations.

Patrick Theriault of Wilmington Trust and Brian Johnson of Bartlett Actuarial Group then covered the basics of captives during their "Captives 101" session, which covered the types of captives, feasibility studies and sample captive structures, among other things.

Mitch Cantor, Executive Director of the International Center for Captive Insurance Education, winged in from Vermont on his way to South Carolina to provide the audience with a quick description of ICCIE and ICCIE's certification program.

A short networking break, sponsored by Naden/Lean, LLC, offered attendees a chance to catch up with old friends, meet some of the new faces in the crowd and enjoy the Hotel DuPont's legendary pastries.

Local Delaware service providers benefited greatly from the panel discussion entitled "The Role of the Service Provider", during which representatives of the various aspects of the captive industry explained their roles. Jeff Kenneson of USA Risk kicked off the discussion by explaining how captive managers serve as the quarterback of the process. Dave Pochettino of MBA Actuaries described the role of the actuary. Geoff Etherington of Edwards, Angell, Palmer & Dodge LLP then discussed the attorney's role. The reinsurance aspect of captives was covered by Judy Benson of Axiom Re. Jessica Toth of Comerica then discussed the critical role of the banker and/or investment manager. Todd Pierce of Engle Martin & Associates discussed the role of the Third Party Administrator. The panel was concluded with a presentation by Marc Smith of Johnson Lambert regarding the role of the auditor.

The DCIA was honored to have Governor Ruth Ann Minner in attendance for our luncheon in the DuBarry Room, which was sponsored by the State of Delaware. In her address to the attendees, Governor Minner extolled the benefits of Delaware as a jurisdiction for all business considerations and expressed her pleasure with the initiative to make Delaware one of the premiere captive insurance jurisdictions.

The Governor is always a difficult act to follow, but David Mair of MEDEX Global Group lived up to his reputation as "one of the most dynamic voices in risk management today", as he was dubbed by Felix Kolman of Risk Management Reports. Mr. Mair claimed he might start to sound like a "commercial for Delaware" as he rattled off the competitive advantages Delaware can count on to woo prospective captive owners. He stressed the importance of focusing on the right domicile to fit the intent of the captive, noting that far too often the domicile choice is almost a reflex decision (while providing an illustrative audience participation exercise).

As attendees enjoyed their dessert back in the Gold Ballroom, Dave Ripsom, the President and CEO of Nuclear Electric Insurance Limited, and Kent Lisenby, President of MAKE Transportation Insurance, Inc., shared their perspectives on what it is like to be a captive insurance company in Delaware. Mr. Ripsom discussed NEIL's history and why it chose Delaware as a jurisdiction. Mr. Lisenby gave an animated synopsis of his experience forming a captive in Delaware under the new legislation before the arrival of Bill White, and stressed the importance of having the right team on board during the process.

A panel of attorneys then teed up Bill White's presentation by educating the group about the new Delaware statute. Jeff Simpson of Wilmington Trust moderated the panel. Bob Symonds and Matt O'Toole of Morris, James, Hitchens & Williams discussed the policy considerations behind the revised statute, noting in particular that the statute was designed to be flexible. Len Togman of Potter, Anderson & Corroon then covered the "nuts & bolts" of the statute. Mike Teichman discussed some of the regulatory issues and additional aspects of flexibility. The panel was concluded by Geoff Etherington's domicile comparison.

After a short networking break, sponsored by Naden/Lean, LLC, Insurance Commissioner Matt Denn took the stage to discuss the Delaware Department of Insurance's commitment to making Delaware one of the foremost jurisdictions for captive insurance and noted how happy the Department is to have Bill White leading the charge.

After waiting patiently all day to hear from the new voice of captive insurance in Delaware, Bill White, the attendees were treated to Bill's discussion of the strategic plan for Delaware. While the effort to staff the captive insurance division is underway and Bill is working on the logistical aspects of his position, it is clear that his vision for Delaware is already well formed. A year from now, Bill would like Delaware to be on everyone's short list for consideration as a domicile. He feels that Delaware offers comparative and competitive advantages that will set it apart from other jurisdictions. Mr. White also noted that the partnership already in existence between the business community and public sector is evidence that Delaware is off to a great start as a jurisdiction. He explained that this partnership will be critical as the jurisdiction develops to keep him apprised of the business community's needs. When asked what he plans to do to help educate the small to mid-size business owner about captive insurance, Mr. White responded that he will work in conjunction with the DCIA to develop educational opportunities.

After a question and answer period, the conference attendees adjourned to the ballroom foyer for a cocktail reception sponsored by the DCIA's Founding Members. There, some of the newcomers to the captive insurance industry benefited from conversations with more seasoned captive insurance professionals.

Attendees gave the conference high marks for its one day format, allowing people to come into town just for the day by car, train, or plane. The Hotel DuPont's inviting atmosphere and fantastic food were also appreciated by all. Certainly, the DCIA will have much work to do to top its inaugural conference - but plans are already underway. Mark your calendar for the first week in October of 2007 for the Second Annual Conference, to be held at the Hotel DuPont. Please monitor the DCIA website at www.delawarecaptive.org for details.

 

All photographs courtesy of Kathy Simpson