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Senior Living Liability

TL;DR

  • Risk retention groups have a long history in senior care, because they tend to form precisely when the commercial market withdraws from a class, which describes this industry more than once.
  • Buying from one makes you a customer and an owner at the same time, and the second half is what most buyers underweight.

Comparison

Risk retention group versus Commercial carrier

Should we put our program in a risk retention group?

Whose decision: Operators with a genuinely good loss record considering an alternative to the commercial market.

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Side by side

FactorRisk retention groupCommercial carrier
OwnershipOwned by its policyholder membersOwned by shareholders or policyholders of a mutual
Guaranty fund protectionNoYes, if admitted
Assessment riskMembers can frequently be assessed if reserves prove inadequateNone
Pool compositionSelectively underwritten peers in the same classThe carrier whole book
Exposure to the market cycleLower; not repricing to a shareholder return targetHigher
ExitMay require paying a share of run-off; capital returned slowlyNon-renew and leave
Risk management servicesUsually focused on the single classVaries, often generic

The recommendation

A good home for a well-run operator with a long horizon, if you do investor diligence first

For an operator with a genuinely good loss record, stable ownership and the liquidity to absorb an assessment without distress, a risk retention group can be a better home than the commercial market. You are pooled with underwritten peers rather than with everyone, and the underwriting profit on your own good performance stays closer to you.

The diligence is not insurance diligence. Read several years of audited financial statements and look specifically at loss reserve development, because sustained adverse development is what precedes an assessment. Read the governing documents for the assessment provision, the exit provision and how capital contributions are treated on departure. Ask how concentrated the membership is.

It suits less well an operator with volatile results, thin liquidity, or a near-term sale or refinancing, and it is worth checking against any lease or loan document that specifies an admitted carrier or a stated rating.

Follow-up questions

Risk retention group versus Commercial carrier: what people ask next

What is the single most important number to look at?

Loss reserve development across several years. Sustained adverse development means the group has been under-reserving, and under-reserving is what precedes an assessment on members.

Can we be assessed after we leave?

Frequently yes, depending on the governing documents, because claims from the years you participated continue to develop after you go. Read the exit provision before joining rather than before leaving.

Go deeper

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