Embracing Change: The Regulatory Evolution of Captive Insurance Companies

  • Angele Galea St. John
Chapter

Abstract

The captive concept—in its most basic form—is that of forming an insurance company to insure the risks of its owners. A captive insurer’s owner and the ultimate insureds are, in most cases, one and the same. When the insured is the owner of the insurance company, policyholder protection, as a key principle of insurance regulation, may take a different emphasis.

The Solvency II framework is structured through three separate but complementary pillars which are applicable to captives in like manner as they are applicable to insurance and reinsurance undertakings. The principle of proportionality which is threaded through the Solvency II Directive is indeed identified as a fundamental concept applicable also to captives.

The three broad objectives of the Solvency II Regime—to improve policyholder protection, to improve international competitiveness of EU insurers and to deepen the integration of the EU insurance market—have been argued to have limited applicability to captives.

This notwithstanding, there is a growing appreciation of the opportunities afforded to captives under Solvency II through better governance, added value to the risk management process as well as increased intellectual capital.

Against a backdrop of evolving insurance regulation, captives have maintained a steady growth and remain key as part of the risk management programme of their owners. As captives adjust, they innovate and look for opportunity in change. On a going forward basis, coping with the challenges associated with a change in regulatory culture, mind-set and skill set have been identified as the main lessons being learnt.

Keywords

Regulation Captives Solvency II 

Bibliography

  1. Baldwin, R., Cave, M., & Lodge, M. (2012). Understanding regulation. Theory, strategy and practice (2nd ed.). Oxford: Oxford University Press.Google Scholar
  2. Bernardino, G. (2015). Implementation of Solvency II: The dos and the don’ts. Retrieved from https://eiopa.europa.eu/Publications/Speeches%20and%20presentations/2015-09-02%20Solvency%20II%20Conference%20Slovenia.pdf
  3. Captive Review. (2016). Solvency II: What happens next? Retrieved from http://www.ferma.eu/app/uploads/2016/01/Captive-review-solvency-II-predictions.pdf
  4. Collins, S. (2015). Solvency II to benefit captives but concerns remain. Commercial Risk Europe. Retrieved from http://www.commercialriskeurope.com/cre/4178/70/Solvency-II-to-benefit-captives-but-concerns-remain pdf
  5. Conference of Insurance Supervisory Services of the Member States of the European Union. (2002). Prudential supervision of insurance undertakings. The Sharma Report, Switzerland.Google Scholar
  6. Dalziel, W. (2015). How to avoid expensive investment mistakes. Solvency II Report 2015. Retrieved from http://captivereview.com/wp-content/uploads/2015/07/CRSolvencyII2015.pdf
  7. Drose, G. (2015). Solvency II: Regulatory prudence or solverkill? Solvency II Report 2015. Retrieved from http://captivereview.com/wp-content/uploads/2015/07/CRSolvencyII2015.pdf
  8. Essen, Y. (2015). European captives increase focus on risk management and investments ahead of Solvency II. Best Special Report. Issue Review August 17, 2015.Google Scholar
  9. European Union, Treaty on European Union (Consolidated Version), Treaty of Maastricht, 7 February 1992, Official Journal of the European Communities C 325/5; 24 December 2002.Google Scholar
  10. International Association of Insurance Supervisors (IAIS). (2006). IAIS issues paper on the regulation and supervision of captive insurance companies, October 2006.Google Scholar
  11. International Association of Insurance Supervisors (IAIS). (2008). Guidance paper on the regulation and supervision of captive insurers, October 2008.Google Scholar
  12. International Association of Insurance Supervisors (IAIS). (2015). Application paper on the regulation and supervision of captives, November 2015.Google Scholar
  13. Marsh Captive Solutions Benchmarking Report. (2015). The world of captives: Growth and opportunities without borders. Retrieved from http://www.oliverwyman.com/content/dam/marsh/Documents/PDF/UK-en/Captive%20Solutions%20Benchmarking-05-2015.pdf
  14. Marsh Captive Solutions Benchmarking Report. (2016). Captive solutions—Creating solutions in an uncertain world. Retrieved from https://www.marsh.com/content/dam/marsh/Documents/PDF/USen/Captive%20Solutions%20Benchmarking-05-2016.pdf
  15. Nicol, D. (2015). Ready or not, here it comes. Solvency II Report 2015. Retrieved from http://captivereview.com/wp-content/uploads/2015/07/CRSolvencyII2015.pdf
  16. Silverman, T., & Langowski, K. (2015). Embracing change. Solvency II Report 2015. Retrieved from http://captivereview.com/wp-content/uploads/2015/07/CRSolvencyII2015.pdf
  17. The European Captive Insurance and Reinsurance Owners Association (ECIROA). (2012). Position paper on treatment of captives in Solvency II. Retrieved from http://www.eciroa.org/wp/wp-content/uploads/2008/09/position-paper-captives-solvency-ii.pdf
  18. The Federation of European Risk Management Associations (FERMA). (2016). Position paper—Ferma’s views on captive insurance companies, September 2016.Google Scholar
  19. The Solvency II Directive. (Directive 2009/138/EC [recast]) was adopted in November 2009, and amended by Directive 2014/51/EU of the European Parliament and of the Council of 16 April 2014 (the so-called “Omnibus II Directive”).Google Scholar
  20. United Nations Economic Commission for Europe (UNECE). (2012). Risk management in regulatory frameworks: Towards a better management of risks.Google Scholar
  21. Zaniboni, V. (2015). Using employee benefits to diversify your captive. Solvency II Report 2015. Retrieved from http://captivereview.com/wp-content/uploads/2015/07/CRSolvencyII2015.pdf

Copyright information

© The Author(s) 2017

Authors and Affiliations

  • Angele Galea St. John
    • 1
  1. 1.University of MaltaMsidaMalta

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