Practice Focus
Kevin Moriarty began his career with DRM in 1994, and he returns to DRM after serving as assistant general counsel at the Vermont Department of Banking, Insurance, Securities and Health Care Administration from 2006 to 2008.
Kevin advises captive insurance companies on a wide variety of federal tax issues, including qualification as an insurance company for federal tax purposes, taxation of reciprocal interinsurers, U.S. tax issues involving offshore insurance arrangements and special tax issues affecting captives organized by tax-exempt nonprofit organizations and groups.
Kevin represented three nonprofit hospital systems and a nonprofit national amateur sporting organization to obtain recognition of their captive insurance companies as 501(c)(3) tax-exempt organizations from the Internal Revenue Service.
Kevin also has expertise with special purpose financial captive insurance companies, which have been organized in Vermont by large commercial insurers to facilitate securitizations of their life insurance reserves. As assistant general counsel at the Vermont Department of Banking, Insurance, Securities and Health Care Administration, Kevin had primary responsibility for the amendments to Vermont’s captive insurance law to authorize the formation and regulation of special purpose financial captives, which included drafting the new statute with industry input and shepherding it through the legislative process.
Professional Activities
Kevin served on the faculty of the International Center for Captive Insurance Education from its inception in 2004 until 2005, where he co-taught the course “An Introduction to Alternative Risk Financing Mechanisms.”
As a frequent speaker at educational sessions offered by the Vermont Captive Insurance Association, Kevin has covered a variety of captive insurance topics including protected cell captives and special purpose financial captive insurance companies.
Kevin was a law clerk to the Honorable Frederic W. Allen, Chief Justice of the Vermont Supreme Court from 1993-94.
Community Involvement
Kevin served on the board of directors of the Northern Vermont Chapter of the American Red Cross from 1998 to 2005.
Publications/Presentations
Languages
Spanish, conversational Italian and Hebrew, currently studying Arabic