New York Captive Insurance Exam

Premium Practice Questions

By InsureTutor Exam Team

Want To Get More Free Practice Questions?

Input your email below to receive Part Two immediately

[nextend_social_login provider="google" heading="Start Set 2 With Google Login" redirect="https://www.insuretutor.com/insurance-exam-free-practice-questions-set-two-2/" align="center"]
Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the process and criteria the New York Department of Financial Services (DFS) uses to evaluate the financial solvency and stability of a captive insurance company, including specific ratios and benchmarks they consider. How does this differ from the evaluation of a traditional insurance company?

The DFS evaluates captive solvency using a risk-focused approach, examining capital adequacy, asset quality, management expertise, and operational controls. Key ratios include the risk-based capital (RBC) ratio, which measures available capital against required capital based on various risk factors (insurance, asset, credit, and operational). The DFS also assesses the ratio of net written premiums to surplus, aiming for a conservative level to ensure adequate capacity to absorb potential losses. Unlike traditional insurers, captive evaluations heavily emphasize the parent company’s financial strength and its ability to support the captive. Regulation 179 (11 NYCRR 200) outlines specific financial reporting requirements for captives, including annual audited financial statements and quarterly financial reports. The DFS also considers the captive’s business plan, risk management framework, and internal controls to assess its overall financial health. The DFS may also require actuarial opinions to assess the adequacy of loss reserves.

Describe the permissible investments for a New York-domiciled captive insurance company, focusing on any limitations or restrictions placed on these investments by New York insurance regulations. How do these regulations ensure the captive maintains sufficient liquidity and diversification?

New York captive insurance companies are subject to investment limitations outlined in Article 14 of the New York Insurance Law and Regulation 179. Permissible investments generally include high-quality bonds, mortgages, and other debt instruments, as well as publicly traded equities. However, significant restrictions exist to ensure liquidity and diversification. Captives are typically limited in the amount they can invest in any single issuer or affiliated entity. Regulation 179 imposes concentration limits on investments in specific asset classes, such as real estate or private equity. Furthermore, investments must be made with the goal of matching the duration of assets with the duration of liabilities. The DFS requires captives to maintain a certain percentage of their assets in liquid investments, such as cash and short-term government securities, to meet immediate obligations. These regulations aim to prevent excessive risk-taking and ensure the captive can meet its claims obligations.

Explain the role and responsibilities of the captive manager in a New York-domiciled captive insurance company. What qualifications and expertise are typically required of a captive manager, and how does the DFS oversee their performance?

The captive manager is responsible for the day-to-day operations of the captive insurance company, including underwriting, claims management, regulatory compliance, and financial reporting. They act as a liaison between the captive and the DFS. A captive manager must possess expertise in insurance principles, risk management, and financial accounting. While specific licensing requirements for captive managers in New York are not explicitly defined in the Insurance Law, the DFS expects managers to demonstrate competence and experience. The DFS oversees the captive manager’s performance through regular financial examinations and reviews of the captive’s operations. The DFS also relies on the captive’s board of directors to provide oversight and ensure the manager is acting in the best interests of the captive. The DFS can take enforcement action against a captive or its manager if they violate insurance laws or regulations.

Discuss the circumstances under which the New York Department of Financial Services (DFS) might place a captive insurance company under supervision or rehabilitation. What are the potential consequences for the captive and its parent company in such a scenario?

The DFS may place a captive insurance company under supervision or rehabilitation if it determines that the captive is in a hazardous financial condition, is insolvent, or has violated insurance laws or regulations. Specific triggers include inadequate capital, excessive losses, or failure to comply with reporting requirements. Under supervision, the DFS has the authority to oversee the captive’s operations and require corrective actions. Rehabilitation involves the DFS taking control of the captive’s assets and operations to restore it to a sound financial condition. If rehabilitation is unsuccessful, the DFS may liquidate the captive. The consequences for the captive and its parent company can be significant, including loss of control over the captive, reputational damage, and potential financial losses. The parent company may be required to provide additional capital to support the captive or face legal action from the DFS. Article 74 of the New York Insurance Law outlines the procedures for supervision, rehabilitation, and liquidation of insurance companies, including captives.

Describe the different types of captive insurance companies authorized under New York law, including single-parent captives, group captives, and risk retention groups. What are the key distinctions between these types of captives, and what factors might influence a company’s choice of captive structure?

New York law authorizes several types of captive insurance companies. A single-parent captive insures the risks of its parent company and affiliated entities. A group captive insures the risks of multiple unrelated companies, typically within the same industry. Risk retention groups (RRGs) are a specific type of group captive that insures the liability risks of its members. Key distinctions include the ownership structure, the types of risks insured, and the regulatory requirements. Single-parent captives offer the greatest control and flexibility but may require more capital. Group captives allow companies to share risk and reduce costs but may involve less control. RRGs are subject to federal law (the Liability Risk Retention Act) and state insurance regulations. A company’s choice of captive structure depends on factors such as its risk profile, financial resources, and desired level of control. Article 70 of the New York Insurance Law provides the framework for captive insurance companies.

Explain the requirements for forming a captive insurance company in New York, including the application process, minimum capital and surplus requirements, and the information that must be included in the captive’s business plan.

Forming a captive in New York requires a detailed application to the DFS. The application must include a comprehensive business plan outlining the captive’s proposed operations, risk management strategy, and financial projections. Minimum capital and surplus requirements vary depending on the type of captive and the risks it will insure, but are specified in Regulation 179. The application must also include biographical affidavits for the captive’s directors and officers, as well as information about the parent company or group of companies that will be insured. The DFS reviews the application to assess the captive’s financial viability, management expertise, and compliance with insurance laws and regulations. The DFS may require additional information or modifications to the business plan before granting a license. The entire process is governed by Article 70 of the New York Insurance Law and Regulation 179.

Discuss the potential tax advantages and disadvantages of establishing a captive insurance company in New York. How do federal and state tax laws impact the captive’s operations and the parent company’s financial statements?

Establishing a captive in New York can offer potential tax advantages, such as the deductibility of insurance premiums paid to the captive, provided the arrangement meets certain IRS requirements. However, there are also potential disadvantages. The IRS scrutinizes captive insurance arrangements to ensure they are bona fide insurance companies and not simply tax shelters. If the IRS determines that the captive is not a legitimate insurance company, the premiums may not be deductible. State tax laws also impact the captive’s operations. New York imposes a premium tax on captive insurance companies, although there are certain exemptions and credits available. The captive’s financial statements must be prepared in accordance with generally accepted accounting principles (GAAP), which can impact the parent company’s consolidated financial statements. The tax implications of captive insurance are complex and require careful planning and compliance with federal and state tax laws. Relevant IRS guidance includes Revenue Ruling 2002-89 and subsequent pronouncements.

Explain the specific conditions under which the New York Department of Financial Services (DFS) might require a captive insurance company to increase its capital and surplus beyond the statutory minimums, referencing relevant sections of the New York Insurance Law.

The New York Department of Financial Services (DFS) can mandate a captive insurance company to augment its capital and surplus beyond the statutory minimums if the DFS determines that the minimum levels are insufficient to support the captive’s projected liabilities, business plan, or risk profile. This authority stems from the general supervisory powers granted to the DFS under the New York Insurance Law, particularly Article 70, which governs captive insurance companies. Specifically, Section 7005(a)(1) grants the superintendent the power to examine the financial condition of any captive insurance company. If, through this examination or other means, the DFS identifies deficiencies or potential risks, it can issue directives requiring the captive to increase its capital and surplus. Factors influencing this decision include the nature and volume of risks insured, the adequacy of reinsurance arrangements, the quality of management, and the overall financial stability of the captive. The DFS must provide a reasoned justification for such a requirement, demonstrating how the increased capital and surplus are necessary to protect policyholders and maintain the solvency of the captive.

Discuss the implications of a captive insurance company failing to comply with the investment guidelines outlined in New York Insurance Law Article 14, and detail the potential corrective actions the New York Department of Financial Services (DFS) might take.

Failure of a captive insurance company to adhere to the investment guidelines stipulated in New York Insurance Law Article 14 can trigger a range of corrective actions by the New York Department of Financial Services (DFS). Article 14 prescribes permissible investments for insurance companies, including captives, to ensure the safety and liquidity of their assets. Non-compliance, such as investing in unauthorized or excessively risky assets, exposes the captive to potential financial instability. The DFS, under its supervisory authority, may issue a cease-and-desist order, demanding the captive to immediately rectify the non-compliant investments. Furthermore, the DFS can impose financial penalties, including fines, on the captive and its management. In severe cases, where the non-compliance poses a significant threat to the captive’s solvency or the interests of policyholders, the DFS may initiate rehabilitation or liquidation proceedings under Article 74 of the Insurance Law. The DFS also has the power to restrict the captive’s operations, such as limiting its ability to write new business, until the investment deficiencies are corrected. The severity of the corrective action depends on the nature and extent of the non-compliance, as well as its potential impact on the captive’s financial condition.

Explain the process by which a New York-domiciled pure captive insurance company can obtain approval from the New York Department of Financial Services (DFS) to write unrelated business, and what specific criteria the DFS considers during this evaluation, referencing relevant sections of Article 70.

A New York-domiciled pure captive insurance company seeking to write unrelated business must obtain prior approval from the New York Department of Financial Services (DFS). This process is governed by Article 70 of the New York Insurance Law, which outlines the regulatory framework for captive insurance companies. To initiate the approval process, the captive must submit a detailed application to the DFS, demonstrating its financial capacity and expertise to handle the proposed unrelated business. The DFS will scrutinize the captive’s business plan, risk management practices, and reinsurance arrangements to assess its ability to manage the additional risks associated with unrelated business. Key criteria considered by the DFS include the captive’s capital and surplus levels, its underwriting expertise, the nature and volume of the unrelated business, and the potential impact on the captive’s overall financial stability. The DFS will also evaluate the captive’s compliance with all applicable laws and regulations. Approval is contingent upon the DFS’s determination that the captive possesses the financial strength and operational capabilities to prudently manage the unrelated business without jeopardizing its ability to meet its obligations to its primary insureds. Section 7003(b) specifically addresses the conditions under which a pure captive can write unrelated business.

Describe the specific reporting requirements for a sponsored captive insurance company in New York, including the frequency and content of required filings with the New York Department of Financial Services (DFS), and the potential consequences of failing to meet these requirements.

Sponsored captive insurance companies in New York are subject to specific reporting requirements mandated by the New York Department of Financial Services (DFS). These requirements are designed to ensure the financial solvency and regulatory compliance of the captive. Sponsored captives must submit annual financial statements, prepared in accordance with statutory accounting principles (SAP), to the DFS. These statements must include a balance sheet, income statement, statement of cash flows, and notes to the financial statements. In addition to annual filings, sponsored captives may be required to submit quarterly or monthly reports, depending on their risk profile and financial condition. These interim reports typically include key financial metrics and operational updates. The DFS also requires sponsored captives to file actuarial opinions, assessing the adequacy of their loss reserves. Failure to meet these reporting requirements can result in a range of consequences, including financial penalties, regulatory sanctions, and even the revocation of the captive’s license. The DFS closely monitors the timeliness and accuracy of these filings to identify potential problems and ensure the ongoing stability of the sponsored captive. Article 70 of the New York Insurance Law and related regulations detail these requirements.

Discuss the role and responsibilities of the captive manager in a New York-domiciled captive insurance company, and outline the potential liabilities and penalties they may face for failing to adequately perform their duties, referencing relevant sections of the New York Insurance Law.

The captive manager plays a crucial role in the operation of a New York-domiciled captive insurance company, responsible for overseeing the day-to-day management and administration of the captive. Their responsibilities typically include underwriting, claims management, regulatory compliance, financial reporting, and risk management. The captive manager acts as an agent of the captive, and their actions are subject to scrutiny by the New York Department of Financial Services (DFS). If a captive manager fails to adequately perform their duties, they may face potential liabilities and penalties. For instance, if the captive manager negligently manages the captive’s investments, resulting in financial losses, they could be held liable for damages. Similarly, if the captive manager fails to comply with regulatory requirements, such as filing timely and accurate financial reports, they could be subject to fines and other sanctions. In severe cases, where the captive manager’s actions constitute fraud or gross negligence, they could face criminal charges. The DFS has the authority to investigate and take disciplinary action against captive managers who violate the New York Insurance Law or related regulations. While Article 70 doesn’t explicitly detail captive manager liabilities, general agency law principles and the DFS’s broad regulatory powers apply.

Explain the circumstances under which the New York Department of Financial Services (DFS) might deny an application for a captive insurance company license, and what recourse an applicant has if their application is denied, referencing specific sections of Article 70.

The New York Department of Financial Services (DFS) may deny an application for a captive insurance company license under various circumstances, primarily related to the applicant’s failure to demonstrate adequate financial strength, managerial competence, or compliance with regulatory requirements. Common reasons for denial include insufficient capital and surplus, a poorly developed business plan, inadequate reinsurance arrangements, a lack of qualified management, or a history of regulatory violations. The DFS will also consider the applicant’s proposed risk management practices and its ability to meet its obligations to policyholders. If the DFS denies an application, the applicant has the right to appeal the decision. The specific procedures for appealing a denial are outlined in the New York Insurance Law and related regulations. Typically, the applicant must file a written notice of appeal with the DFS within a specified timeframe, outlining the grounds for the appeal. The DFS will then conduct a review of the application and the reasons for denial. The applicant may be given an opportunity to present additional evidence or arguments in support of their application. If the DFS upholds the denial, the applicant may have the option to seek judicial review of the decision in state court. Section 7004 outlines the licensing requirements and implicitly the grounds for denial based on failure to meet those requirements.

Describe the process for a captive insurance company domiciled outside of New York to redomesticate to New York, including the specific requirements and approvals needed from both the original domicile and the New York Department of Financial Services (DFS).

A captive insurance company domiciled outside of New York seeking to redomesticate to New York must navigate a process involving approvals from both its original domicile and the New York Department of Financial Services (DFS). First, the captive must obtain approval from its current domiciliary regulator to transfer its domicile to New York. This typically involves submitting a formal application, demonstrating compliance with the original domicile’s redomestication laws, and providing evidence of acceptance by the DFS. Simultaneously, the captive must apply for a license to operate as a captive insurance company in New York. This application must include a detailed business plan, financial statements, reinsurance arrangements, and information about the captive’s management and ownership. The DFS will review the application to ensure that the captive meets all of the requirements for licensure under New York Insurance Law Article 70. The DFS will also conduct a thorough examination of the captive’s financial condition and risk management practices. Upon approval from both the original domicile and the DFS, the captive can formally transfer its domicile to New York. This typically involves filing articles of redomestication with the DFS and complying with any other applicable legal requirements. The captive will then be subject to the full regulatory oversight of the DFS.

Get InsureTutor Premium Access

Gain An Unfair Advantage

Prepare your insurance exam with the best study tool in the market

Support All Devices

Take all practice questions anytime, anywhere. InsureTutor support all mobile, laptop and eletronic devices.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Video Key Study Notes

Each insurance exam paper comes with over 3 hours of video key study notes. It’s a Q&A type of study material with voice-over, allowing you to study on the go while driving or during your commute.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Study Mindmap

Getting ready for an exam can feel overwhelming, especially when you’re unsure about the topics you might have overlooked. At InsureTutor, our innovative preparation tool includes mindmaps designed to highlight the subjects and concepts that require extra focus. Let us guide you in creating a personalized mindmap to ensure you’re fully equipped to excel on exam day.

 

Get New York Captive Insurance Exam Premium Practice Questions

Captive Insurance Exam 15 Days

Last Updated: 16 August 25
15 Days Unlimited Access
USD5.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Captive Insurance Exam 30 Days

Last Updated: 16 August 25
30 Days Unlimited Access
USD3.3 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Captive Insurance Exam 60 Days

Last Updated: 16 August 25
60 Days Unlimited Access
USD2.0 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Captive Insurance Exam 180 Days

Last Updated: 16 August 25
180 Days Unlimited Access
USD0.8 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Captive Insurance Exam 365 Days

Last Updated: 16 August 25
365 Days Unlimited Access
USD0.4 Per Day Only

The practice questions are specific to each state.
3100 Practice Questions

Why Candidates Trust Us

Our past candidates loves us. Let’s see how they think about our service

Get The Dream Job You Deserve

Get all premium practice questions in one minute

smartmockups_m0nwq2li-1