Regulation and Oversight
The Vermont Department of Financial Regulation (DFR) has released a report examining the impact climate change is having on Vermont's insurance industry. The report notes that steps such as requiring publicly traded companies to disclose climate risks could help DFR regulate Vermont-domiciled captive insurance companies.
Legislation now nearing final approval by Vermont lawmakers would ease reporting requirements for new captive insurance companies. Under the measure, S.88, captives, before receiving a license, would have to file a copy of their organizational documents with the state insurance commissioner along with any other documents requested.
Existing frameworks such as enterprise risk management minimize the need for government mandates for better governance of sustainability risks, according to the Federation of European Risk Management Associations (FERMA). EU-wide mandatory requirements for due diligence would add administrative costs and could damage competitiveness for European companies, FERMA said.
While time is running out during the current congressional session for federal lawmakers to act on legislation that would allow certain risk retention groups (RRGs) to expand coverages they can offer to policyholders, observers are optimistic, amid hardening market conditions, that consideration will resume next year.
Corporate governance is critically important for captive insurance companies, as well as the managers and other service providers the captive employs. It's the captive's owner, though, that bears the ultimate responsibility for governance. The captive owner is responsible for operating a regulated insurance company and the associated compliance.