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Published byAustin Hines Modified over 9 years ago
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Making your large deductible workers’ compensation program significantly better
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High Deductible Retained Layer Statutory Workers’ Comp Business Excess Insurance $250,001 $250,000 $0 $1,000,000 $999,999
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3 Disadvantages 1.No tax deduction for retained risk 2.LoC with after-tax dollars 3.Volatility
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Risk Management Tax Savings Cash Flow
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93% 91% 93% 83% 92% $3M - $7M Over 10 years
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AEX Captive Unrelated Risk Direct Premiums
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Captive Operating Company AEX Captive Invest Assets Captive Owner Dividends Liquidation Risk Pay losses StocksBondsOther
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A valid captive requires “Risk Distribution” Risk distribution is a spreading of risk that allows the insurer to reduce the possibility that a single costly claim will exceed the amount available to the insurer for the payment of such a claim.
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Multiple Subsidiaries Unrelated Risk Sub Business Captive Unrelated risk
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High Deductible Retained Layer Business Excess Insurance $250,001 $250,000 $0 $1,000,000 $999,999 AEX Pooling $100,001 $100,000 Statutory Workers’ Comp
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AEX (Trust Account) Total Premium = $18 $9 $6 Premium $3 x $18 = $18 $6 x $18 = $18 $9 x $18 = $18 Quota Share % X Premium Quota Shared Premium Unrelated Premium $1.00 $1.50 $1.00 $2.00 $3.00 $1.50 $3.00 $4.50 $9 $6 $3 $0.50 Captive
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AEX
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Captive Virtual Pool
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Criteria 1.Minimum $400,000 Loss Pick 2.Cash Flow
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Frequency layer = predictable 125% cap Retrospective adjustment Protections
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Expected: $1mLosses in PoolAEX
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2012 2013 2014 2015 2016 Settlement Policy year
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Claims Administrator AEXCaptive
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Solutions 1.Tax deduction for retained risk 2.LoC with pre-tax dollars 3.Reduced Volatility
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Expected: $1mLosses in PoolAEX
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Captive LOC Collateral Funded with after tax dollars Funded with pre-tax dollars
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AEX Captive Unrelated Risk Direct Premiums Prior year’s retained risk (any line) Load charge for captive Other types of insurance (GL, auto, E&S) Excess work comp layer (e.g., 150 x/s 100)
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Safe HarborIndustry
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Already take tax deduction Need a captive Don’t disrupt existing high deductible program AEX is an “overlay” Share risks with others? Sharing is in frequency layer Black Swan event? Excludes risks >125% expected loss pick IRS approval? IRS has approved similar arrangements Objections? Answers
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Cost AEX Service Cost 0 -$2M: 6% of AEX premiums $2M-$4M: 3% Above $4M: 1% Minimum annual service fee of $30,000 Captive Management
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Participation Criteria Large Deductible or SIR Program Minimum $400,000 Loss Pick in AEX Layer Cash Flow
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Submission Criteria 5 Years Loss/Exposure Data
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Next Step Karl Huish Zeb Holt karl_huish@artexrisk.comzeb_holt@artexrisk.com (480) 553-6227(630) 285-3796
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Section 831(b) Captive Solution $1.2M annual premium Taxed only on investment income (C corp rates) Shareholders Captive Business Basic Captive Diagram Insurance Premiums Insurance Coverage
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Insured Risk Workers Comp ● Property ● Auto ● General Liability Uninsured Risk Deductibles Exclusions Operating Risks A/R Concentration Construction Defect Credit Default Disability Administrative Actions D & O / E & O Legal Defense Reimburse Mold and Pollution Product Warranty Hidden Risks
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1. Insurance Risk 2. Operate as an insurance company 3. Risk shifting and risk distribution Tax Law and Captives
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Ownership Options Captive Shareholders Family Key Employees Estate Plan Trust Parent Company
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