State Regulation Captive Insurance


State Regulation of Captives



U.S. Supreme Court Opinions


Maryland Tax Action


New Jersey State Regulatory Actions


New York State Regulatory And Tax Actions


Texas Court of Appeals Opinions


Washington State Regulatory Actions

Matter of Cypress Insurance Company






U.S. Supreme Court Opinions


     State Bd. of Ins. v. Todd Shipyards Corp., 370 U.S. 451, 82 S.Ct. 1380, 8 L.Ed.2d 620 (1962).



Maryland Tax Action


     Comptroller of the Treasury v. Leadville Ins. Co., 2019 WL 1376046 (Md.Spec.App., March 26, 2017).



New Jersey State Regulatory Actions


     Johnson & Johnson v. Director, 2019 WL 4658534 (N.J.App., 9/25/2019).



New York State Regulatory And Tax Actions


     Stewart's Shops Corp . v. N.Y. State Tax Appeals Tribunal, 2019 WL 2219086 (N.Y.App.Div., May 23, 2019).


     Anonymous v. Anonymous (Moody's), ___ N.Y.S.3d ___, 2018 WL 4139963 (N.Y.App., Aug. 30, 2018).



Texas Court of Appeals Opinions


     Combs v. STP Nuclear Operating Co., 239 S.W.3d 264 (Tex.App., 2007).


     Dow Chemical Co. v. Rylander, 38 S.W.3d 741 (Tex.App., 2001).


     Risk Managers Int'l, Inc. v. State, 858 S.W.2d 567 (Tex.App., 1993).



Washington State Regulatory Actions


     Matter of Cypress Insurance Company


          Order to Cease and Desist (9 May 2018)


          Notice of Intent to Collect Unpaid Premium Taxes (9 May 2018)




2020.07.27 ... Microcaptive Tax Shelter Promoter Investigation Of Moore Ingram Law Firm Leads To Attorney-Client Privilege Issues With Client Documents

2020.07.22 ... U.S. Tax Court Approves Penalties For Microcaptive Transaction In Oropeza

2020.06.24 ... The U.S. Department Of Justice Files Suit To Enforce An IRS Summons Against The Delaware Department Of Insurance For Artex Transactions

2020.05.19 ... Coronavirus Pandemic Threatens Run On Business Interruption Policies Sold By Captive Insurance Risk Pools

2020.04.17 ... Coronavirus Pandemic Will Not Slow Down IRS’s Pursuit Of Microcaptive And Syndicated Conservation Easement Transactions Says LB&I Memo

2020.03.25 ... The IRS Sends Soft Warning Letters To Thousands Of 831(b) Risk-Pooled Captive Owners

2020.02.04 ...The IRS Strikes A Rich Seam Of Tax And Penalty Gold In Risk-Pooled 831(b) Captives And Is Sending In More Miners

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More articles



General Resources


State Regulation


U.S. Tax Considerations For Captive Arrangements


§ 831(b) Captives

  • 831(b) Captives Generally ... Discusses the unique characteristics and problems of captive insurance companies that qualify for the IRC section 831(b) election



Expert ... Expert witness and available for consultation as an expert regarding captive insurance company matters


Evaluation & Formation ... Jay has been involved with the formation of well over 100 captive insurance companies since 1998, and now assist prospective captive owners in evaluating their suitability for a captive, and in forming the captive and obtaining its insurance license


Litigation ... Frequently serves as counsel in disputes involving insurance companies


Remediation & Closing ... Remediation and termination of defective captive arrangements, and consulting and second-opinion reviews of existing captives



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© 2020 Jay D. Adkisson. All Rights Reserved. No claim to original government works. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction. This site is