While captive-insurance experts contend that the market is healthy, with solid formations, they also note a variety of concerns, including Solvency II, the Dodd-Frank Act and fraud.

For example, Solvency II creates more capital requirements and governance standards, making it “onerous” for owners of captives domiciled in Europe, says Nancy L. Gray, regional managing director of the Americas for Aon Risk Solutions.

While this won't directly impact U.S.-domiciled captives, there are possible domestic ramifications “from the standpoint that you have a lot of U.S. parents that own a captive in [Europe] and are being faced with Solvency II implications,” Gray adds.

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