why clients across the spectrum are increasingly using captive insurance risk management

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Why Clients Across the Spectrum are Increasingly Using Captive Insurance Risk Management Tuesday, June 17, 2014 | 1:00 PM Eastern

Sponsored by The ABA Section of Real Property, Trust & Estate Law

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The Convergence of Wealth Planning and CIRM: An Overview by Edmond M. Ianni

The Market •  Converging Demand: Risk Management and

Wealth Management

•  Accelerated by Great Recession, ATRA and Demographics

•  Family (Privately-Held) Businesses – The

“Epicenter”



Family Businesses •  Significance to U.S. Economy •  Significance to Growing Demand for Wealth/Risk

Planning •  Some Family Business U.S. Metrics

– More than 80% of U.S. businesses – Approx. 60% of U.S. employment – Approx. 50% of U.S. GDP – Concentration of individual wealth



Captive Insurance Risk Management (“CIRM”) •  Macro Context: More than $40 trillion of assets

expected to transfer in next 4 decades •  Increasing Use of CIRM

– Privately-held businesses – Publicly-owned companies – Nonprofits – Governments



Captive Insurance Risk Management (CIRM) – Reasons for Use •  Less expensive than commercial insurance •  More efficient risk management •  Better coverage •  Cost-effective and predictably stable •  Able to protect, preserve and grow capital



Captive Insurance Risk Management (CIRM) •  What is a Captive? •  A Customizable Solution •  Major Benefits

– Risk Management – Capital Benefits

•  In U.S. –  State regulation –  Majority of states have captive laws



Captive Insurance Risk Management (CIRM) – Practical Uses •  Business risks for which commercial insurance is

too expensive or unavailable •  Retained risks •  Coverage gaps •  More efficient risk management alternative



Holistic Wealth Planning and Captive Insurance Risk Management •  Common Objective: Protect, Preserve and Grow

Capital •  Designing the Captive for the Client

– Suitability and Feasibility – Customization – Alternatives



Integrated Wealth Planning with the Client’s Captive •  The Captive as an Asset •  Planning for and with the Captive Asset •  Example: Client owns and operates 5

Automobile Spas



Example: Client owns and operates 5 Auto Spas •  Types of Business Risk to Captively Insure

– Casualty (injuries to persons on premises) – Errors & Omissions – Employment Practices Liability – Property (flood and earthquake)

•  Structuring the Captive: A Serialized LLC –  4 Series Business Units (“SBUs”) –  Centralized Management



Planning Considerations for the new Captive Asset •  Ownership – Some Possibilities

– Dynastic GST Tax-Exempt Trust –  Integrated Charitable Planning: Charitable

Lead Trust •  Intergenerational Transfer

–  Gift Tax –  Estate Tax –  GST Tax

•  Other Considerations



Edmond M. Ianni Managing Director

EMI Strategic Capital Wilmington, Delaware

302.690.7766

© 2014 Edmond M. Ianni. These materials may not, in part or whole, be duplicated, reproduced or distributed in any way or form without the author’s prior written consent. These materials are for educational purposes only and are not intended to provide, nor constitute, investment, legal, tax, regulatory or other advice. One appropriately should consult professional counsel regarding the matters contained herein and their applicability and suitability, if any, to one’s own individual situation.



Some References •  John J. Hampton, Fundamentals of Enterprise Risk Management: How Top Companies Assess Risk, Manage

Exposures and Seize Opportunities (American Management Association 2009) •  John Fraser and Betty J. Simkins, Enterprise Risk Management (John Wiley & Sons, Inc. 2010) •  Donald H. Chew, editor, Corporate Risk Management (Columbia University Press 2008) •  Edmond M. Ianni, “A Growing Multidisciplinary Practice: Captive Insurance and Wealth Planning,” ABA Business

Law Today (Feb. 2014) •  Edmond M. Ianni, “Family Capital Planning and Captive Risk Management,” Trusts & Estates (Sept. 2010) •  Edmond M. Ianni, “Innovation at Work: Employers Creating Their Own Captive Insurers,” Voluntary Benefits

Magazine (Dec. 2010) •  Robert E. Bertucelli, “The Benefits of Captive Insurance Companies,” Journal of Accountancy (March 2013) •  Edmond M. Ianni, “Strategic Capital Management for the States: Addressing Budget Challenges, Healthcare

Costs and Employee Needs,” Captive.com (2012)

why clients across the spectrum are increasingly using captive insurance risk management

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