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Captive Insurance: The Overlooked Tool Every Lawyer Needs to Understand

Comprehensive overview of captive insurance formation, regulation, governance, and best practices for attorneys advising business clients on risk management strategies.

2025-10-31 14:00:00

Program Details

2025-10-31 14:00:00

Program Details

2025-10-31 14:00:00

Over 1,000+ webinars

2025-10-31 14:00:00

Course Overview

Mastering Captive Insurance Formation and Compliance

2025-10-31 14:00:00

Participants will learn to form, govern, and maintain captive insurance companies across U.S. jurisdictions. These skills enable attorneys to guide clients through domicile selection, regulatory compliance, and long-term captive viability.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Captive Types
Pure captives, group captives, cell captives, and risk retention groups serve different ownership structures.
02
State Regulation
Captives are creatures of state law with approximately 29 states having captive statutes.
03
Tax Elections
The 831(b) election allows micro-captives specific tax benefits but triggers IRS scrutiny.
04
Formation Steps
Formation requires feasibility studies, actuarial analysis, proper capitalization, and regulatory approval.
05
Governance Requirements
Boards must meet annually with fiduciary duties separate from the parent company.
06
Service Providers
Captive managers serve as quarterbacks coordinating attorneys, auditors, and actuaries.

Program schedule

clock 2:00 pm - 2:20 pm EST

Foundations of Captive Insurance and Risk Management

This session introduces captive insurance as a risk management tool where businesses insure their own risks through a company they own. Participants will explore the different types of captives including single-parent, group, association, cell captives, and risk retention groups, along with the business motivations driving their formation.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 2:20 pm - 2:40 pm EST

State Regulation and Domicile Selection Strategies

This session examines the U.S. regulatory framework for captive insurance under the McCarran-Ferguson Act and the role of the NAIC. Participants will learn about licensing requirements, capitalization standards, and the key factors that make certain jurisdictions attractive for captive formation.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 2:40 pm - 3:00 pm EST

Micro-Captives and the 831(b) Tax Election

This session explores the 831(b) election under the Internal Revenue Code that allows qualifying captives to receive certain tax benefits. Participants will examine the inflation-adjusted premium threshold, IRS scrutiny following Notice 2016-66, and compliance strategies for entities operating under this election.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 3:10 pm - 3:30 pm EST

Formation and Governance of Captive Insurers

This session covers the essential steps in forming a captive including feasibility studies, actuarial analysis, and proper capitalization. Participants will learn about governance requirements, board responsibilities, maintaining arms-length transactions, and the critical roles of service providers such as captive managers, attorneys, and actuaries.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 3:30 pm - 3:45 pm EST

Litigation and Regulatory Enforcement Considerations

This session addresses common legal challenges raised against captives, particularly around 831(b) elections and coverage disputes. Participants will explore defense strategies for companies under audit or litigation and examine how judicial trends may impact future captive planning decisions.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 3:45 pm - 4:00 pm EST

Risk Management Compliance and Best Practices

This session focuses on ensuring ongoing compliance with state and federal law while maintaining proper documentation and transparency. Participants will learn strategies for structuring captives for long-term viability and fostering collaboration between business leaders and legal counsel.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
clock 4:00 pm - 4:10 pm EST

Case Studies and Interactive Governance Discussion

This concluding session presents a real-world example of successful captive formation in the airline industry demonstrating practical applications. Participants will engage in group analysis of good governance structures and discuss emerging areas for captive use including family businesses and homeowners associations.

Victoria FimeaVictoria Fimea
David BeyerDavid Beyer
Victoria Fimea

Victoria Fimea

Arizona Department of Insurance and Financial Institutions

David Beyer

David Beyer

Alaska Air Group

Victoria Fimea

Victoria Fimea

Arizona Department of Insurance and Financial Institutions

Chief Captive Analyst for the Arizona Department of Insurance and Financial Institutions. An attorney with over 35 years of insurance and public affairs advocacy experience, including over 20 years in C-suite and senior level positions.

Education & Credentials

B.S. from Northern Arizona University, M.A. from The American University School of International Service, J.D. from The American University Washington College of Law. Admitted to the Bars of Arizona, California, the District of Columbia and Illinois.

Recognition & Leadership

1981 Truman Scholar for the State of Arizona.

Professional Involvement

Volunteers at Northern Arizona University (NAU) to grow its RMI (Risk Management and Insurance) certificate program at The W.A. Franke College of Business. Adjunct Professor at NAU teaching the senior year capstone course for NAU's RMI certificate program.

Experience

Served as Senior Vice President with an alternative risk provider managing regulatory, claims, underwriting and captive formation departments. Senior Vice President and General Counsel in the life insurance industry forming captive insurers for reserve financing transactions. Spent several years in Washington, D.C. with a major national insurance trade association.
David Beyer

David Beyer

Alaska Air Group

Director of risk management for the Alaska Air Group (Alaska Airlines, Hawaiian Airlines, Horizon Air, and McGee Air Services). Also serves as board chair, general manager, and corporate secretary of Alaska’s Hawai’i-based captive insurance company, ASA Assurance, Inc.

Education & Credentials

Master of Business Administration and Juris Doctor degrees from Gonzaga University. Licensed attorney.

Professional Involvement

Completed a 6-year term on the Board of Directors of the Hawai'i Captive Insurance Council. Currently in second year on the Board of Directors of Captive Insurance Companies Association. Serves on the board of the nonprofit Surfrider Spirit Sessions.

Experience

Served as director of risk management for Alaska Air Group since 2010. Started journey with Alaska Airlines in 2006 negotiating contracts for goods and services within information technology and supply chain management.
Victoria Fimea

Victoria Fimea

Arizona Department of Insurance and Financial Institutions

Chief Captive Analyst for the Arizona Department of Insurance and Financial Institutions. An attorney with over 35 years of insurance and public affairs advocacy experience, including over 20 years in C-suite and senior level positions.

Education & Credentials

B.S. from Northern Arizona University, M.A. from The American University School of International Service, J.D. from The American University Washington College of Law. Admitted to the Bars of Arizona, California, the District of Columbia and Illinois.

Recognition & Leadership

1981 Truman Scholar for the State of Arizona.

Professional Involvement

Volunteers at Northern Arizona University (NAU) to grow its RMI (Risk Management and Insurance) certificate program at The W.A. Franke College of Business. Adjunct Professor at NAU teaching the senior year capstone course for NAU's RMI certificate program.

Experience

Served as Senior Vice President with an alternative risk provider managing regulatory, claims, underwriting and captive formation departments. Senior Vice President and General Counsel in the life insurance industry forming captive insurers for reserve financing transactions. Spent several years in Washington, D.C. with a major national insurance trade association.
David Beyer

David Beyer

Alaska Air Group

Director of risk management for the Alaska Air Group (Alaska Airlines, Hawaiian Airlines, Horizon Air, and McGee Air Services). Also serves as board chair, general manager, and corporate secretary of Alaska’s Hawai’i-based captive insurance company, ASA Assurance, Inc.

Education & Credentials

Master of Business Administration and Juris Doctor degrees from Gonzaga University. Licensed attorney.

Professional Involvement

Completed a 6-year term on the Board of Directors of the Hawai'i Captive Insurance Council. Currently in second year on the Board of Directors of Captive Insurance Companies Association. Serves on the board of the nonprofit Surfrider Spirit Sessions.

Experience

Served as director of risk management for Alaska Air Group since 2010. Started journey with Alaska Airlines in 2006 negotiating contracts for goods and services within information technology and supply chain management.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Approved
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs