These three are often confused. Only two of them are insurers, and only one is defined by the federal Act as a member-owned liability insurer.
| Feature | Risk retention group | Risk purchasing group | Group captive |
|---|
| Is it an insurer? | Yes — a licensed liability insurer | No — buys insurance for members | Yes |
| Lines | Liability only | Liability only | Depends on license and domicile |
| Ownership | Member-insureds only | Not an insurer; no capital in an insurer | Members |
| Multistate operation | Chartered and licensed in one state; registers in each other state where it insures members | Gives notice to and registers with each state where it does business; buys from admitted insurers, chartered RRGs or through licensed surplus lines brokers | Licensed in its domicile; coverage written elsewhere often goes through a fronting insurer |
| State guaranty fund protection | No — every policy must carry a notice saying so | Depends on the insurer that writes the coverage | Generally no — captive laws commonly exclude captives |
Guaranty funds are state safety nets for policyholders of insolvent licensed insurers. Federal law bars states from requiring RRGs to join them, and each RRG policy must state that state insolvency guaranty funds are not available. Captive statutes commonly exclude captives as well; Vermont's, for example, bars captives from joining or drawing on state guaranty funds. Where an admitted fronting insurer issues the policy, the position follows that insurer and the state. Counsel familiar with the Liability Risk Retention Act and the domiciliary regulator are the first stops; an actuary and an RRG manager follow.