Life and Health Insurance · Life Insurance · 6 min read
How Insurance Companies Are Classified
- Differentiate between stock insurers and mutual insurers by ownership structure, policy participation, and dividend taxation.
- Distinguish between admitted and nonadmitted insurers, including the role of surplus lines and state guaranty association protection.
- Classify insurers geographically as domestic, foreign, or alien from the viewpoint of a specific state.
Classification by Ownership: Stock Versus Mutual Insurers
Insurance companies can be classified by their ownership structure, their licensing status, and their geographic domicile. When examining ownership, the two main types of commercial insurers you will encounter are stock companies and mutual companies. The distinction centers on who owns the entity, who elects company leadership, and who may receive company earnings.
A stock insurance company is owned by stockholders, who are also known as shareholders. A stock insurer can raise capital by issuing shares, and shareholders may buy shares to seek an investment return. Stockholders elect the board of directors that oversees company operations. Profits earned by a stock insurer may be distributed to stockholders as taxable dividends. Stockholders in a stock company do not need to be policyholders. Because profits flow to investors, stock insurers typically issue nonparticipating life insurance policies. In a nonparticipating policy, policyowners do not receive policy dividends and do not share in company profits.
A mutual insurance company is owned by its policyholders, who are also called policyowners. In a mutual insurer, eligible policyowners generally gain membership and ownership rights by holding a policy, subject to the insurer's governing documents and state law. Eligible members generally have voting rights, including the right to elect directors. Mutual insurers typically issue participating life insurance policies. In a participating policy, policyowners may receive policy dividends when the insurer experiences favorable operating results.
An insurance company can also change its corporate structure over time through statutory procedures. Demutualization is the process where a mutual insurer converts into a capital stock insurer.
| Feature | Stock Insurer | Mutual Insurer |
|---|---|---|
| Primary Owners | Stockholders (shareholders) | Policyholders (policyowners) |
| Board Election | Elected by stockholders | Elected by eligible policyowner members |
| Typical Policy Type | Nonparticipating policies | Participating policies |
| Distribution of Surplus | Cash dividends to shareholders, generally taxable | Policy dividends to policyowners (not guaranteed) |
| Tax Treatment of Dividends | Cash shareholder dividends are generally taxable; dividends paid in additional shares generally are not taxable when received. | Generally a tax-free return of premium up to cost basis |
Common mistakes
- Assuming that an insurer formed in a US territory, such as Puerto Rico, is classified as an alien insurer rather than a foreign insurer in a US state.
- Believing that an insurer's domicile changes if the company moves its main corporate headquarters or operational home office to another state.
- Telling a client that policy dividends from a mutual insurer are guaranteed, when in fact dividends are never guaranteed.
- Assuming that a policy issued through an unauthorized or surplus lines insurer has backup protection from the state guaranty association.
Key points
- Insurers are classified by their corporate ownership (stock versus mutual), licensing status (admitted versus nonadmitted), and geographic domicile (domestic, foreign, or alien).
- Stock insurers are owned by shareholders and typically issue nonparticipating policies, while mutual insurers are owned by policyholders and typically issue participating policies.
- Mutual policy dividends are considered a nontaxable return of premium up to the policyowner's basis, are never guaranteed, but any interest earned on dividends left on deposit is taxable.
- Admitted insurers hold a state-issued Certificate of Authority and their eligible policies are protected by the state guaranty association, whereas nonadmitted insurers lack this certificate.
- Surplus lines insurers are nonadmitted carriers permitted to provide certain coverage under state law, generally without state guaranty association protection; life insurance and annuities generally are not eligible for surplus lines placement.
- A domestic insurer is chartered in the reference state, a foreign insurer is chartered in another US state or territory, and an alien insurer is chartered in another nation.
- Regardless of geographic domicile, an insurer must secure a Certificate of Authority to conduct standard admitted business in a state, and producers must comply with the laws where transactions occur.
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