Delaware updates processes, guidance on D&O for captive insurance companies
The state has shortened the application review timeline for captives, among other changes.
Delaware has made a series of improvements to the processes and regulations around forming captive insurance companies in an effort to remain “a top domicile” for businesses seeking to self-insure, according to the Delaware Department of Insurance.
A captive insurance company is a wholly owned subsidiary that provides coverage to a non-insurance parent company or companies, according to the National Association of Insurance Commissioners, which noted approximately 90% of Fortune 500 companies have captive subsidiaries.
“As global leaders in captive insurance, we recognize that we must continue to explore improvement, innovation, and industry insight,” said Delaware Insurance Commissioner Trinidad Navarro. “This industry is an important economic engine in our state, and I look forward to continuing to foster its expansion.”
Captive Bulletin No. 14 outlines requirements — including capitulation needs, necessary exclusions and claims handling rules — for captives seeking to write Side A D&O coverage. Side A offers coverage to the individual directors and officers of a company, whereas Sides B and C cover corporate assets. The ability for Delaware-based captives to write Side A is a relatively recent development that was made possible by the enactment of Delaware Senate Bill No. 203, which was signed into law this past year.
In addition, the department has taken up a more flexible approach regarding applicant’s capitalization requirements. This includes allowing the use of brokerage accounts in some circumstances.
Further, the department is shortening the application approval process for those seeking to form captives. Review of initial application filings will decrease from 45 to 30 days, according to the insurance regulator. All routine requests for approvals, including those for dividends and business plan changes, will now be reviewed within 10 days.
According to the insurance department, the volume of conditional licensing application submissions increases significantly in the final quarter of the year. To ensure timely handling of these submissions, all applications received after Nov. 1 each year will be reviewed within 80 days.
“Delaware has been a top global captive domicile since revamping its captive insurance statute almost 18 years ago. While we believe Delaware continues to have much to offer, we recognize other domiciles are not standing still, and we cannot rest on our laurels. Over the past year we have enjoyed the opportunity to work with Commissioner Navarro and Bureau Director Stephen Taylor to develop these helpful and timely domicile improvements,” Michael Teichman, president of the Delaware Captive Insurance Association, said in a release.
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