The key distinction is who owes the policyholder. When a captive writes directly, it issues the policy and pays claims to the insured. In a reinsurance program, the issuing insurer owes the policyholder, and the captive owes the issuing insurer under a reinsurance agreement.
| Question | Captive writes directly | Captive reinsures an issuing insurer |
|---|
| Who issues the policy | The captive | A licensed insurer (the fronting or ceding insurer) |
| Who the policyholder claims against | The captive | The issuing insurer |
| The captive’s obligation | To the insured | To the issuing insurer, under the reinsurance agreement |
| Collateral | Not owed to an issuing insurer | Usually required by the issuing insurer |
| Rules that apply | The captive’s domicile | The issuing insurer’s state rules and the captive’s domicile |
Whether the issuing insurer can take credit for reinsurance from a captive depends on state credit-for-reinsurance rules. Under the NAIC model law, credit depends on the reinsurer's status, such as being licensed or accredited in the state, or on security such as cash, securities, a letter of credit or a trust. Counsel and an actuary should review the reinsurance agreement and collateral terms. For how the parties fit together, read fronting arrangements explained; for captives that write cover directly, see captive insurance. How providers in the listing below are included and ordered is explained in the Bastivo methodology.