Insights

7/1/2026

The A-Rated Hurdle: Why Most Captives Never Earn an AM Best Rating — and How Fronting Bridges the Gap

An insurance buyer faces a problem that most commercial transactions do not: the product being purchased is a promise to pay a claim that may not arise for years, by which point the insurer's financial condition could look very different. Counterparties cannot easily verify that promise on their own, and that is the gap rating agencies exist to fill. A financial strength rating is an independent opinion of an insurer's ability to meet its ongoing obligations to policyholders. AM Best, which has focused on the insurance industry for more than a century, is the benchmark against which insurer financial strength is most often measured, and its secure ratings — generally A- and above in common usage — have become the shorthand for an acceptable counterparty

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7/1/2026

Contingent Auto Liability in a Captive: Where Contractual Risk Transfer Becomes Underwriting Profit

Few lines of business reward underwriting discipline as directly as contingent automobile liability. It is the coverage that sits behind a renter's own insurance — protecting a company that owns vehicles but does not operate them. Car rental fleets, truck and trailer rental operators, heavy equipment and aerial lift rental companies, RV rental businesses, and the platforms behind peer-to-peer vehicle sharing all share the same structural exposure: their assets are routinely placed in the hands of third parties who do the driving

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6/24/2026

Retrocedent vs. Retrocessionaire: Understanding the Reinsurance of Reinsurance

In reinsurance, risk rarely stops moving once it leaves the original insurer. A reinsurer that assumes risk from a primary carrier may, in turn, transfer a portion of that risk to yet another reinsurer. That second transfer is called retrocession — the reinsurance of reinsurance — and it introduces two terms that are frequently mixed up: the retrocedent and the retrocessionaire.

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6/24/2026

Franchise Captives: Keeping the Premium Inside the System

Franchise systems are built on sameness. The brand, the build-out, the training, the supply chain — all engineered to look identical whether the unit sits in an Ohio strip mall or a downtown Texas corridor. Insurance is no exception. Almost every franchise agreement tells franchisees exactly what to carry: general liability, property, workers' comp, and lately employment practices and cyber, often at set limits on rated paper.

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6/24/2026

Third-Party Litigation Funding: A Positive Development in North Carolina’s Prohibition

Third-party litigation funding has grown, over a relatively short period, from a niche financing arrangement into a meaningful force shaping the litigation environment — and, by extension, the cost of insurance. It tends to operate out of view, rarely discussed by the parties whose cases it supports, yet its influence reaches into the very loss trends that captive owners watch most closely. For organizations financing their own risk, it is worth understanding what this capital does, why it has attracted steadily growing concern, and why a recent development in North Carolina has captured the industry's attention.

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6/17/2026

Manuscript Policy Forms in Captives: Drafting Coverage the Commercial Market Won’t Write

One of the most underutilized advantages of a captive is the ability to issue policies on its own forms — manuscript forms drafted to address the parent's specific exposures, rather than the standardized ISO base forms and carrier-proprietary endorsements that dominate the commercial market. Commercial policies are shaped by industry-wide loss experience that may bear little resemblance to a particular parent's risk profile. The captive can do better.

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6/17/2026

The Deductible Reimbursement Captive: A Starting Point for Companies Beginning to Retain Risk

For middle-market companies considering their first foray into captive insurance, the conversation often gets stuck on the same set of obstacles: fronting carrier selection, collateral negotiations, multi-state regulatory filings, A-rated paper requirements, and the operational complexity of running an insurance company that issues policies in its own name. Each of those elements is manageable, but they collectively raise the activation energy of a captive formation to a level that can stall otherwise-good candidates before they get started

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