In an effort to compel arbitration, Arthur J. Gallagher & Co. and other defendants recently made joint motions in response to a lawsuit seeking class status filed in December 2018 by a group of 831(b) captive owner plaintiffs. Eversheds Sutherland provides a brief description of the matter as it stands currently.
Captive insurance companies that redomesticate to North Carolina would be exempt from state premium taxes under recently introduced legislation.
A new drive is expected to try to convince federal lawmakers to pass legislation to expand coverages that Risk Retention Group (RRG) can offer to their policyholder-owners. Since 2006, lawmakers have discussed, during every congressional session, expanding the Risk Retention Act to allow RRGs to write property coverages.
According to Fitch Ratings, the ultimate effect on the health insurance industry of December's federal court ruling that deemed the Affordable Care Act (ACA) unconstitutional is unclear, and what is expected to be a lengthy appeals process will follow.
Arthur J. Gallagher & Co. and its captive management unit, Artex Risk Solutions Inc., are being sued by a group of small employers alleging they have had to pay back taxes and other penalties to the Internal Revenue Service, involving their participation in 831(b) captives.