Richards Layton provides authoritative regulatory counsel to many of the large and sophisticated insurance companies domiciled in Delaware, including subsidiaries of global financial institutions. We assist our clients with the full range of matters that come before the Delaware Insurance Commissioner, including:
- Insurance company and agency formation
- Insurance holding company system registrations
- Change of company ownership, including through mergers or acquisitions that involve an insurer’s Delaware subsidiaries
- Approval of insurance investments, particularly asset securitizations
- Required filing of annual financial reports
- Required triennial financial audits
- Market conduct examinations
- Rehabilitation and liquidation proceedings
Investment Transactions
Asset-backed securities have been a major component of insurers’ capital market transactions, and Richards Layton applies our structured finance and alternative entity experience to help insurers develop and secure regulatory approval for these sophisticated investments. Our lawyers negotiate and structure investment transactions involving asset-backed derivative securities through the use of trusts and other investment vehicles. We are sensitive to the legal and regulatory constraints that financing activities and direct investments involve for insurers, and handle the details to create the maximum possible investment return.
Delaware Captive Insurers
Our insurance team was actively involved in drafting the Special Purpose Financial Captive Insurance Company and Branch Captive Insurance Company provisions of the Captive Act signed into law in 2007 and 2010, respectively. The special purpose provisions provided for the formation of special purpose financial captive insurance companies in Delaware, which are empowered to issue securities and otherwise access financial markets and alternative sources of capital through securitizations and other transactions. The branch provisions provided for licensing of agency and branch captive insurance companies.
Delaware Laws & Programs Affecting Business – 2024 Edition
2024
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the state. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Department of Insurance Provides Guidance for Side A D&O Captives
October 16, 2023
Section 145(g) of the Delaware General Corporation Law was amended in 2022 to authorize Delaware corporations to use captive insurance, subject to a limited set of minimum exclusions, to protect directors, officers and certain other covered persons against liability, even if the corporations would not be empowered to indemnify them. Such insurance for non-indemnifiable claims is…
Delaware Laws & Programs Affecting Business – 2020 Edition
2020
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the State. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Delaware’s Continued Commitment to Captive Insurance
Delaware Banker | Summer 2010
Delaware continues its commitment to establishing a reputation as a competitive domicile for licensing a captive insurance company.
Branch Captive and Agency Captive Insurance Companies Now Expressly Permitted in Delaware
May 5, 2010
On Monday, May 3, 2010, Governor Markell of Delaware signed into law House Bill 314 amending the Delaware Revised Captive Insurance Company Act.