KIA&B 2018 Vol 23 No. 3 | Page 9

| FROM THE COMMISSIONER | ‘Captive’ vs. ‘Captive’ The difference between a captive company and captive agent. KEN SELZER Kansas Insurance Commissioner T he insurance world is full of acronyms, abbreviations and specialized vocabulary. Most of us use the terms (once we have been exposed to them) in a seamless way. However, some insurance language gets confusing. Such is the case with the timely word “captive.” The goal of the Kansas legislation is to keep the captive assets and related services in our state. The fact that Kansas has not updated its captive laws does not prevent or discourage corporations from forming a captive. They simply go to a state or offshore jurisdiction that has updated laws in order to form their captive. If you have been following the potential insurance legislation in the Kansas Legislature this session, you know that Senate Bill 410 is concerned with updating the laws regarding captive insurance companies. The other use of “captive” is one that you are more familiar with. A captive agent only works for one company, and he/she receives compensation from that company. Captive agents may have in-depth knowledge of their particular company’s insurance products, but their helpfulness with potential clients is limited if those persons do not qualify for that company’s products. This isn’t true for you as KAIA independent agents; you can identify possible options. A captive insurance company is a wholly-owned subsidiary created to provide insurance to its parent company and others in its group. The captive is used to manage risk for that parent and group. Once established, the captive then operates like any commercial insurer by issuing policies, collecting premium, and paying claims. A captive company generally does not offer insurance to the public. Accordingly, it is regulated somewhat differently than an insurer selling policies to the public. Importantly, the policyholders (i.e., the parent company and others in the group) do not have access to guarantee funds should the captive become insolvent. Also, capital requirements are a bit less. Our department has heard from agents and the public regarding SB 410, and some of that commentary has bubbled up because of the confusion regarding the captive company concept and the captive agent. We certainly hope that KAIA agents, when presented an opportunity to distinguish the concepts in a general setting, feel comfortable in passing on the useful information. We will most likely have an update on the legislation in an upcoming issue of this magazine. | May - June 2018 | KANSAS INSURANCE AGENT & BROKER 7