Jeffrey C. Moffat
Since 1981, Jeffrey C. Moffat has been an innovator in the use of captive insurance companies. For more than 20 years, he has continuously represented one of the first medical malpractice insurance carriers to be established in the Cayman Islands. In addition to working with captives located in foreign jurisdictions, Mr. Moffat has developed and worked with Risk Retention Groups, located in the United States. He has been instrumental in the creation, operation and liquidation of captive insurers providing coverage for professional liability, stop loss, general liability, business interruption, employment liability and other types of insurance coverage.
The services Mr. Moffat provides his captive insurance clients include:
Mr. Moffat received his J.D. from the J. Reuben Clark Law School. He joined the law firm of Bonne, Bridges, Mueller, O'Keefe & Nichols in 1981 and was elected a shareholder in 1987. In 1995, he began serving as the firm's Administrative Shareholder. From 1999 to 2005, he directed the firm as the Chief Operating Officer.
- Creating the captive's business plan
- Preparating the application for licensing of the captive insurance company
- Drafting offering circulars, when required
- Advising selection of the most favorable jurisdiction for the captive
- Coordinating with the captive's tax advisor
- Working with actuaries to create a risk profile for the company
- Underwriting and risk selection
- Drafting custom insurance policies
- Handling coverage issues arising under the insurance policies
- Advising on compliance with U.S. tax laws and U.S. insurance laws
- Assisting in obtaining and annually renegotiating reinsurance coverage
- Maintaining the captive's United States office
- Providing corporate maintenance
- Managing risk
- Handling claims, including full risk contracting
- Litigating in defense of claims filed against the captive's insureds
- Overseeing all professionals providing services to the insurance company
In 2006, Mr. Moffat formed The Captive Counsel Law Group, Inc. He now focuses his time exclusively on the needs of his captive insurance clients.
Mr. Moffat recently revised and expanded his book Standards of Care in Emergency Medicine (Aspen Publishers, Inc., 2008), co-authored with Dr. Herb Wigder. He continues to write on topics of interest to the captive insurance industry. His published appeals include Upland Anesthesia Medical Group v. The Doctors Company, 100 Cal. App 4th 1137 (2002) (defeating insurance bad faith litigation against The Doctors Company) and Austin v. McNamara, 979 F.2d 728 (9th Cir. 1992) (defeating antitrust litigation against a physician for peer review activities based on immunity provided in the Health Care Quality Improvement Act of 1986).