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With significant experience in serving captive and traditional insurance companies, we provide full service legal representation, including formation and legal risk minimization, so that companies can best structure a program that meets their needs.

Business & Healthcare Law > Captive Insurance

Montana Captive Insurance Lawyers & Attorneys

Our captive insurance team incorporates expertise in corporate, transactional, and litigation work to assist with the formation and compliance of captive and traditional insurance companies.  We advise clients in a broad range of business ventures to determine whether and how a captive insurance company might help them achieve their risk management needs and goals. We assist companies with the creation of broad ranges of self-insurance programs, including:

  • Pure Captives
  • Protected Cells
  • Series Captives
  • Risk Retention Groups (RRGs)

Our clients that have utilized a captive insurance program to manage their risk include companies in the following industries:

  • Healthcare, including medical stop-loss
  • Construction
  • Fitness
  • Transportation
  • Real Estate
  • Finance
  • Insurance

Our Captive Insurance Services

BKBH actively engages with state regulators, captive industry trade associations, including the Montana Captive Insurance Association (MCIA), and various other service providers, including accountants, actuaries, and local banking institutions, to ensure we are best positioned to assist our clients from the planning phase through captive maintenance, and all stages in between. This cooperative approach ensures good working relationships for our clients and all of their needs in Montana.

Our captive insurance attorneys assist with all aspects of your insurance needs, including:

  • Captive Insurance Company Application – Including assisting the client and/or the captive manager with captive insurance company applications
  • Captive Insurance Company Formation – Including drafting formation and governance documents according to the requirements of Montana captive insurance laws
  • Coordination with State Regulators – Including introductory meetings, discussion of captive plan, approval of application, modification to captive offerings and capital requirements
  • Compliance and Corporate Governance – Including statutory corporate governance requirements, board independence opinions, annual meetings assistance and attendance, voting issues
  • Ongoing Transactions – Including drafting and reviewing contracts, management agreements, intellectual property matters, additions of SBUs
  • Re-domestication and Restructuring – For foreign captives seeking to redomicile in Montana, including mergers with newly formed Montana captive insurance companies

Representative Matters

  • Planning and incorporation of pure captives
  • Creation, growth, and ongoing operation of a Risk Retention Groups
  • Development and incorporation of Series LLC captives and SBUs to facilitate more concise risk management

Practice Contacts