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Insurers & distribution

How insurers are organized, classified, and how their products reach customers. All STABLE.

Type Owned by / structure
Stock insurer Owned by stockholders; issues non-participating policies (no dividends to policyholders); profits go to shareholders.
Mutual insurer Owned by policyholders; issues participating policies (may pay policy dividends, which are a non-taxable return of premium).
Fraternal benefit society Membership organization (often tied to a lodge/affiliation) providing life/health to members.
Reciprocal Unincorporated group of “subscribers” who insure each other, run by an attorney-in-fact.
Lloyd’s A marketplace of syndicates of investors who underwrite risk (not an insurer itself).
Risk Retention Group (RRG) A liability insurer owned by its members (same business/industry).
Captive An insurer formed by a parent to insure the parent’s own risks.
Self-insurer An entity that retains its own risk rather than buying coverage.

Authorized vs unauthorized; domestic/foreign/alien

Section titled “Authorized vs unauthorized; domestic/foreign/alien”
  • Authorized (admitted) — the insurer holds a certificate of authority to do business in the state. Unauthorized (non-admitted) — does not. (See 06 Surplus lines for why non-admitted carriers write E&S risk.)
  • By domicile: Domestic (formed in this state), Foreign (another US state), Alien (another country).

Don’t confuse the producer’s “foreign qualification” (an out-of-state entity registering with a Secretary of State, see 02 Corporate prerequisites) with an insurer’s domestic/foreign/alien status — different uses of “foreign.”

  • Admitted: files rates/forms, backed by the state guaranty fund.
  • Non-admitted / E&S: freedom of rate/form, writes hard-to-place risk, not guaranty-fund backed. This is where the Glacis Tech E&O program likely starts — see 06 Surplus lines / E&S.

Independent agencies (e.g., AM Best, plus S&P/Moody’s/Fitch) rate insurers’ ability to pay claims. Producers should place business with financially sound carriers — a suitability/ethics point. (Concept only; specific ratings change.)

How insurers reach customers:

  • Direct writer — the carrier sells directly (captive/employee sales force or online), no independent intermediary.
  • Captive / exclusive agency — agents represent one insurer.
  • Independent agency — agents represent multiple insurers; own their book of business.
  • Brokerage — brokers shop the market on behalf of the client.
  • MGA / MGU — a producer with delegated underwriting authority for a program; the carrier’s “outsourced underwriting.” This is the Glacis path — see 04 What is an MGA.

Insurers themselves buy insurance — reinsurance — to add capacity and stabilize results. It’s the “capacity” behind an MGA program. Full treatment in 04 Reinsurance & capacity.

02 Agency law

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