Risk Retention Group Comprehensive Guide

"Risk Retention Group Comprehensive Guide" with NRRA Logo above

NRRA’s in-depth educational resource on risk retention groups. This comprehensive guide explains the foundational principles and key concepts that define RRGs, including their structure, regulation, formation and requirements, membership and ownership, coverage and insurance products, advantages and risks, comparisons, and market landscape. Designed for both new and experienced RRG professionals, it provides the essential framework for understanding how RRGs operate and serves as the starting point for NRRA’s broader educational and advocacy resources.

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1. Risk Retention Group Basics

2. Risk Retention Group Regulation

3. Risk Retention Group Formation and Requirements

4. Risk Retention Group Membership & Ownership

5. Risk Retention Group Coverage & Insurance Products

6. Risk Retention Group Advantages & Risks

7. Risk Retention Group Comparisons

8. Risk Retention Group Market & Practical Information

9. Additional Risk Retention Group Resources

1. Risk Retention Group Basics

What is a Risk Retention Group?

A Risk retention group is a member-owned liability insurance company made up of businesses or organizations facing similar risks. Risk retention groups are an alternative to traditional liability insurance, which may not meet those businesses’ particular needs, be too costly, or be difficult to obtain.

Unlike traditional insurance companies, the nature of RRGs is inherently purpose-driven because RRGs are created to meet members’ unique or niche insurance needs. Successful risk retention groups are built around shared member values, long-term commitment, and a focus on risk management – all to serve the interests of its policyholders.

Risk retention groups are regulated differently from traditional insurance companies, operating under a federal mandate that allows them to provide insurance across state lines with streamlined regulatory oversight compared to traditional insurance companies.

For many different business sectors including healthcare, government and institutions, property development, and more the risk retention group structure has provided a long-term alternative liability insurance solution for its members.

Want to dive deeper? Read: What Is a Risk Retention Group? (Full Explanation)

How Do Risk Retention Groups Work?

Risk retention groups are liability insurance companies that are owned and operated by their policyholders and thus can offer members tailored liability coverage that addresses their specific needs and risks. Policyholders aren’t just buying coverage; they are investing in each other’s success by maintaining best practices and improving safety standards. Members must actively engage in risk reduction efforts, ensuring that the group remains financially strong and insurable. Because policyholders are also owners, they directly influence governance and well-run RRGs can enjoy greater stability, flexibility, and control over their insurance programs compared to traditional carriers. Unlike traditional carriers, which sell to the general public seeking to generate profit, risk retention groups provide liability coverage exclusively, which they sell to their group members only.

Once chartered and licensed in one state (referred to as the domiciliary state), an RRG can operate nationwide by filing registrations in each state. Regardless of how many states an RRG operates in, it is regulated solely by its domiciliary state, and federal law limits how much other states can govern its operations (see formation and requirements section of this page below).

Want to dive deeper? Read: Why Choose a Risk Retention Group? Purpose, Characteristics, and Member Benefits

Who Can Join a Risk Retention Group?

All members of a Risk Retention Group must be engaged in businesses or activities that are similar or related with respect to the liability to which those members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations. For example, a group of medical professionals could belong to one RRG, while a group of schools would belong to a different RRG. Members must actively participate in risk reduction efforts to maintain the strength and health of the group. As such, RRGs have selective membership to protect the company and other members.

Why Were Risk Retention Groups Created?

Created under the Liability Risk Retention Act of 1986 (“LRRA”), RRGs were developed to address the challenges businesses, organizations, and governmental units face in obtaining affordable liability insurance.

Want to dive deeper? Read: Federal Liability Risk Retention Act (LRRA): Legislative Background, Definitions and Provisions

What Industries Use Risk Retention Groups?

Because RRGs are structured to provide specialized coverage for business sectors with unique liability risks, they have been particularly beneficial in sectors where traditional insurance has failed to provide stable, affordable solutions. This includes industries such as environmental, financial, government and institutions, healthcare, manufacturing, outdoor and fitness, professional services, property development, transportation, and more. See a larger list of business sectors and RRGs.

2. Risk Retention Group Regulation

How are Risk Retention Groups Regulated?

Risk Retention Groups are chartered, licensed, and regulated by a single state (the domiciliary state). Once chartered, an RRG may operate in other states as a foreign RRG by filing a registration in each additional state. Under the Liability Risk Retention Act (LRRA), primary regulatory oversight remains with the domiciliary state and non-domiciliary states follow their lead. 

Non-domiciliary states rely on domiciliary regulators, who are held to the same accreditation standards that apply to their regulation of traditional insurers. Domiciliary regulation of risk retention groups is a robust process dictated by NAIC accreditation standards, requiring the same key filings as they do of traditional insurers. RRGs are subject to regular exams and audits by their domiciliary regulators and the NAIC accreditation teams review the domiciliary regulators’ handling of risk retention groups rigorously.

Want to dive deeper? Read: How Are Risk Retention Groups (RRGs) Regulated?

What is the Liability Risk Retention Act (LRRA)?

The Liability Risk Retention Act of 1986 (LRRA) is the federal law that authorizes and governs risk retention groups. It was passed by Congress in response to a nationwide liability insurance crisis, when many organizations could no longer find affordable or available coverage.

The LRRA allows businesses and professionals with similar risks to form and own their own liability insurance companies, giving them the control, stability, and flexibility they could not find with traditional carriers. Rather than imposing federal oversight, Congress established a unique framework: RRGs are chartered and regulated by one state, but empowered to serve members across the country under federal preemption from most other state insurance laws.

This preemption prevents states from imposing additional or conflicting requirements on RRGs, while relying on the domiciliary state to ensure its RRGs remain financially sound and fully compliant with insurance regulations.

Want to dive deeper? Read: Federal Liability Risk Retention Act (LRRA): Legislative Background, Definitions & Provisions

Do RRGs Need to be Licensed in Every State?

No. Under the Liability Risk Retention Act, a risk retention group must be licensed and chartered in only one U.S. state, known as its domiciliary state. Once chartered there, the RRG may register to operate in other states without seeking additional licenses.

This framework—called the “single-state regulation” model—differs from traditional insurers, which must be licensed in every state where they do business.

Want to dive deeper? Read: What are the Legal Requirements for Forming and Operating a Risk Retention Group (RRG)?

What’s the Difference Between a Domiciliary State and a Non-Domiciliary State?

A domiciliary state is the state where a risk retention group is licensed (chartered). It serves as the group’s primary regulator, responsible for overseeing its solvency, governance, and compliance with insurance laws.

Selecting the right domiciliary state is one of the most important early decisions when forming a risk retention group because the domiciliary state’s laws, regulatory philosophy, and level of experience with the risk retention group structure directly affect how the RRG is formed, examined, and operated.

A non-domiciliary state is any other state where the RRG registers to operate as a foreign RRG. Risk retention groups are exempt from most non-domiciliary state laws (with some exceptions). Unless the Liability Risk Retention Act expressly grants permission, any attempt by a state other than the RRG’s chartering state to impose additional insurance laws or regulatory requirements is preempted by federal law under 15 U.S.C. § 3902(a).

Want to dive deeper? Read: How Are Risk Retention Groups (RRGs) Regulated?

Are RRGs Subject to State Insurance Guaranty Funds?

No. Risk retention groups are not eligible for coverage under state insurance guaranty funds. 

Because RRGs are owned and controlled by their members—not the general public—Congress determined that guaranty fund protection, which is designed for consumers of admitted insurers, does not apply. Instead, the LRRA requires every RRG to include a clear disclosure statement on all insurance policies:

“This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group.”

This disclosure ensures transparency for RRG members.

What Court Cases Have Defined the Authority of Risk Retention Groups?

Numerous court cases have affirmed that the Liability Risk Retention Act preempts almost all non-domiciliary state insurance laws and regulations.

Key precedent-setting cases include:

  • NRRA v. Brown (1996) – The court struck down Louisiana’s attempt to impose additional licensing, capital, and filing requirements on non-domicilary RRGs, confirming that such state actions are preempted by federal law.

  • National Warranty Insurance Co. v. Greenfield (2000) – The court ruled that Oregon’s requirement for non-domiciliary RRGs to be “authorized” insurers was discriminatory and violated the LRRA.

  • Auto Dealers RRG v. Poizner (2008) – The court held that California’s insurance department could not redefine the scope of “liability insurance” or issue cease-and-desist orders without a court injunction.

  • Allied Professionals Insurance Co. RRG v. Wadsworth (2014) and Reis v. OOIDA Risk Retention Group (2018) – Both courts affirmed that state “direct action” statutes are preempted by federal law.

  • Speece v. Allied Professionals Insurance Co. (2015) – The court ruled that state laws prohibiting arbitration clauses in RRG insurance contracts are preempted by the LRRA.

Want to dive deeper? NRRA members have access to the The NRRA RRG Toolkit, a resource for RRG owners and operators that provides information and best practices on RRG formation, policy writing, and  litigation scenarios. Become a member to gain access to the toolkit.

3. Risk Retention Group Formation & Requirements

Forming a risk retention group requires meeting both federal standards under the Liability Risk Retention Act and the domiciliary state’s requirements.

How do You Start a Risk Retention Group?

Forming a risk retention group requires both a clear purpose and careful planning. This includes identifying the RRG’s purpose and goals, selecting the right state of domicile, and meeting both federal and state requirements for formation and licensing. Once licensed in one state, the RRG can register to operate nationwide under the authority of the Liability Risk Retention Act.

The steps to starting a risk retention group include:

  • Build RRG management and advisor team

Establish your key personnel and essential partners such as a licensed captive manager, qualified actuary, and legal counsel. These professionals should align with your RRG’s goals and values as they will help ensure compliance, solvency, and sound operations from formation through ongoing management.

  • Define the group’s goals, and services of the group.
    Establish the group’s long-term goals, guiding values, and the types of liability coverage and added value it intends to provide. These shared objectives and risk characteristics form the foundation of a sustainable RRG.

  • Select a domiciliary state.
    Choose the state where the RRG will apply to be chartered and licensed. The domiciliary state becomes the group’s sole regulator, so its laws, regulatory philosophy, and experience with RRGs will directly influence the group’s structure, formation, and ongoing operations.

  • Develop and submit a plan of operation and feasibility study.
    Prepare a detailed plan of operation and feasibility study for submission to the domiciliary insurance department. This plan must include proposed coverages, deductibles, coverage limits, rates, and rating classification systems, as well as financial projections demonstrating adequate capitalization and solvency. Once approved, this plan serves as the foundation of the RRG’s regulatory oversight. Any revisions—such as adding new lines of liability coverage—must also be filed with the domiciliary state for review and approval.

  • Register to operate in non-domiciliary states.
    After the domiciliary insurance department approves the plan and issues a license, the RRG may register using the NAIC Uniform Risk Retention Group Registration Form to operate in other states as a “foreign RRG.” Under the federal Liability Risk Retention Act, it does not need additional licenses in each state.

Want to dive deeper? Read: What are the Legal Requirements for Forming and Operating a Risk Retention Group (RRG)? A guide for forming, licensing, and maintaining a risk retention group under federal and state law.

What are the Federal Requirements for Forming an RRG?

Member ownership and common interest: An RRG must be owned by its insureds, who are engaged in similar or related businesses or activities in relation to liability exposures.

Type of coverage: RRGs can only provide liability insurance.

Single-state licensing: Risk retention groups must be chartered and licensed in one U.S. state, referred to as the domiciliary state.

Non-domiciliary registration: Once licensed, RRGs may operate in other states without separate licensure by registering as a foreign RRG.

Policy disclosure notice: Every policy must include the following statement in 10-point type:

“This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group.”

Compliance with certain non-domiciliary state laws (LRRA exceptions): RRGs must comply with a limited list of regulatory exceptions, such as unfair claims practices, taxes, and lawful court orders under 15 U.S.C. § 3902(a).

Want to dive deeper? Read: What are the Legal Requirements for Forming and Operating a Risk Retention Group (RRG)? A guide for forming, licensing, and maintaining a risk retention group under federal and state law.

What are the State Requirements for Forming an RRG?

While the Liability Risk Retention Act sets federal standards, each risk retention group must also meet the legal and regulatory requirements of its domiciliary state—the state where it is chartered and licensed. These state requirements focus on solvency, governance, and operational accountability.

Every domiciliary state has its own requirements. However, common domiciliary state-level requirements include:

  • Legal structure: An RRG must be formed as a stock, mutual, or reciprocal insurance company under state law.

  • Minimum capital and surplus: Each domiciliary state sets its own financial thresholds to ensure solvency and protect policyholders.

  • Plan of operation approval: The RRG must submit a detailed feasibility study or plan of operation for review and approval before offering insurance.

  • Board governance: RRGs are overseen by a board of directors elected by member-policyholders, typically with at least one resident director from the domiciliary state.

  • Required service providers: Most states require engagement of a licensed captive manager, independent CPA, and qualified actuary to maintain financial reporting and compliance.

The domiciliary state serves as the RRG’s sole regulator and primary point of oversight, ensuring the group remains financially sound and in compliance with both state and federal law. 

Lastly, risk retention groups are also required to comply with certain non-domiciliary state laws that LRRA does not preempt.

What is the Minimum Capital or Surplus Required to Form an RRG?

The minimum capital and surplus required to form a risk retention group varies by domiciliary state. Each state sets its own financial thresholds to ensure solvency and protect policyholders, often based on the RRG’s structure, business plan, and lines of liability coverage. These requirements are evaluated as part of the feasibility study and reviewed by the domiciliary insurance department before licensing.

Who Manages a Risk Retention Group (Captive Managers, Actuaries, Etc.)?

Risk retention groups are managed by a board of directors elected by the member-policyholders and supported by a team of specialized service providers. Risk retention groups are required to engage a licensed captive manager, independent certified public accountant (CPA), and qualified actuary to assist with regulatory filings, financial reporting, and loss reserve analysis. Risk retention groups also retain legal counsel and reinsurance advisors to ensure sound governance and adherence to both federal and state requirements.

4. Risk Retention Group Membership & Ownership

Risk retention groups are unique because, unlike traditional insurers, they are owned and governed by the members they insure.

Who Owns a Risk Retention Group?

The LRRA allows for two different RRG ownership schemes: 1) Member Owners and 2) Sole Organization Owner.

Under both permitted ownership schemes, members of the Group who are also insured by the Group are in control of the Risk Retention Group, either as Member Owners or as member-owners of the Sole Organization Owner.  Not all members of a Group need be insured by the Risk Retention Group.  Nor are all persons insured by the Risk Retention Group required to be owners of the Risk Retention Group.  But all owners of the Risk Retention Group must also be both members of the Group and provided insurance by the Risk Retention Group.

In the case of Member Owners, ownership of a Risk Retention Group is restricted to persons who are both members of the Risk Retention Group and who are provided insurance by the Risk Retention Group. (LRRA § 3901(a)(4)(E)((i))

In the case of a Sole Organization Owner, that sole organization’s owners are restricted to persons who are both members of the Risk Retention Group and who are provided insurance by the Risk Retention Group. (LRRA § 3901(a)(4)(E)((ii))

Who is a Member of a Risk Retention Group?

The members of a risk retention group must be engaged in businesses or activities that are similar or related with respect to the liability to which those members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations.  For example, a group of medical professionals could belong to one RRG, while a group of schools would belong to a different RRG.

Members of a risk retention group include not only the risk retention group’s equity owners and contributors, but also entities affiliated with or related to such owners or contributors.  Membership in a risk retention group includes active participants in a risk retention program.  Active participants include persons whose own liability is currently assumed, in whole or in part, by the risk retention group.

How Does an RRG Benefit Policyholders?

Policyholders benefit from shared ownership, greater control, customized underwriting, and transparency that traditional insurers cannot provide. Because an RRG’s policyholders are also its owners, the group is governed by professionals who understand their industry, and decisions are driven by long-term stability and policyholder benefit rather than short-term profit. Profits can be reinvested to strengthen reserves, stabilize premiums, and expand coverage tailored to policyholders’ needs.

Want to dive deeper? Read: Why Choose a Risk Retention Group? Purpose, Characteristics, and Member Benefits

What Responsibilities Do Policyholders Have in an RRG?

Policyholders share in both the privileges and responsibilities of ownership. They must uphold sound risk management practices, maintain active participation in governance, and support the group’s financial strength. Each policyholders’ performance and compliance directly affect the success and sustainability of the RRG as a whole. 

5. Risk Retention Group Coverage & Insurance Products

Risk retention groups provide liability insurance that is specifically designed to meet the needs of their members. 

What Types of Insurance Can RRGs Provide?

Risk retention groups may only provide liability insurance, such as general liability, professional liability, malpractice liability, and product liability insurance.

Can Risk Retention Groups Sell Insurance to Members of the Public?

No.  One of the reasons why the Courts treat RRGs differently is that they only sell their policies of liability insurance to their members, not to the public. The two most prevalent structures are: a structure where insured members of the group own the company, or a structure where the members of the group are also members of an association which owns the company, which then issues the coverage to that association’s members.   

Are There any Liability Coverages That a Risk Retention Group Cannot Write?

An RRG cannot write coverage which is prohibited by state statute or by the highest court in the state (e.g., punitive damages, intentional or criminal conduct). This is not the same as coverage which is prohibited by the state insurance department. However, the states can have broad discretionary powers in deciding whether coverage from an RRG is acceptable where proof of financial responsibility is needed to obtain a license to engage in certain activities (i.e.: hazardous waste hauling, certain motor vehicle operations. (Not including, however, situations where DMV declines to honor RRG coverage as not being from an “authorized” insurer. Reason: by definition, RRGs under the Federal Act are “authorized” carriers.)

Do Risk Retention Groups Only Provide Liability Coverage?

Yes. The Liability Risk Retention Act specifically limits RRGs to liability insurance only. However, that category is wide-ranging and may include many forms relevant to a group’s shared exposure—from medical professional liability to environmental or product liability.

How Does Coverage from an RRG Compare to Traditional Insurance?

Risk retention groups only sell policies to their own members. These policies specialize in providing liability insurance for the members’ related business or activities. This allows RRGs to tailor their policies and underwriting to the specific needs and risks of their members and satisfy the liability needs for a niche market. Whereas traditional insurance companies offer a wide variety of insurance products, including liability, property, health, and life insurance, covering a broader range of risks. Traditional insurance companies are focused on coverage that makes sense for the masses and the policy forms used are not tailored for niche needs.

6. Risk Retention Group Advantages & Risks

Risk retention groups were created to solve a market problem: the lack of stable, affordable liability insurance for certain industries. They continue to offer a strong alternative for organizations seeking control, flexibility, and long-term security—but they also come with unique responsibilities for members.

Why Choose a Risk Retention Group Over a Commercial Insurance Company?

Risk retention groups are formed to serve industries where traditional insurers have failed to provide consistent, affordable coverage. Because RRGs are owned by their members, they create tailored, long-term solutions that reflect the real risks and needs of their businesses.

RRG members benefit from coverage designed for:

  • Long-term viability with stable pricing through both hard and soft markets.

  • Availability of liability coverage designed for a business’ unique risks and needs.

  • Helping all of the companies in the group to remain insurable by managing their risk.

What Are the Advantages of Joining an RRG?

Risk retention groups offer several distinct advantages for members:

  • Tailored coverage: Policies are designed to address the specific liability risks of members’ industries or professions.

  • Stable pricing: Because RRGs operate for members rather than shareholders, rates are less affected by market cycles.

  • Ownership and control: Policyholders have a voice in governance and decision-making.

  • Long-term consistency: Members benefit from predictable coverage and commitment, even when traditional markets tighten.

  • Shared expertise: Members collaborate on risk management and best practices to strengthen the entire group.

  • Single-state regulation: Risk retention groups can provide coverage across multiple states without having to meet individual state licensing requirements for each state.

Want to dive deeper? Read: Why Choose a Risk Retention Group? Purpose, Characteristics, and Member Benefits

What Are the Risks or Disadvantages of Risk Retention Groups?

While RRGs provide significant advantages, they also involve member participation and shared responsibility.

  • Limited to liability coverage: RRGs cannot write property, workers comp, or other non-liability lines of insurance.

  • No guaranty fund protection: Members do not have access to state guaranty funds in the event of insolvency.

  • Operational and governance demands: Because members collectively own and manage the RRG, success depends on their active participation and ability to operate it effectively. Running an insurance company requires expertise, time, and resources beyond the core business activities of its members.

Are RRGs Financially Stable Long-Term?

Yes. The vast majority of RRGs have demonstrated long-term stability, with most operating successfully for decades. Their strength lies in appointing the appropriate leaders and partners, disciplined risk management, and member commitment. An RRG’s stability depends heavily on strong governance, experienced and strategic management, and active regulatory oversight by its domiciliary state.

7. Risk Retention Group Comparisons

Risk retention groups, risk purchasing groups, and other captive insurance structures all offer alternatives to traditional liability insurance, but they differ in how they are formed, regulated, and how they deliver coverage.

What is the Difference Between a Risk Retention Group (RRG) and a Risk Purchasing Group (RPG)?

Risk retention groups and risk purchasing groups were both created under the federal Liability Risk Retention Act to improve access to liability insurance, but they operate in fundamentally different ways.

  • RRGs are insurance companies. They are owned and controlled by their members, who pay premiums and contribute to capital, share risk, and underwrite their own liability coverage.

  • RPGs are purchasing collectives. They do not insure members directly but instead purchase liability insurance as a group from a licensed insurer.

In short, RRGs assume and spread risk, while RPGs buy insurance collectively to gain purchasing power and better terms.

Want to dive deeper? Read: Risk Purchasing Groups vs. Risk Retention Groups: Key Differences Explained

How Do RRGs Compare to Other Captives?

Risk retention groups are a form of captive insurance, but unlike other captives, RRGs exclusively provide liability insurance and operate under the single-state regulation model.

Captives may write a broader range of coverages but must obtain separate licenses in each state they do business.

Which is Better for My Organization — an RRG or an RPG?

Both structures serve the same goal: helping businesses gain fair, affordable liability coverage. The right choice depends on your organization’s needs.

  • Choose an RPG if you want group-negotiated liability coverage without assuming insurance risk or managing an insurance company.

  • Choose an RRG if your group faces specialized liability exposures and challenges, and is ready to take on the responsibilities of owning and operating the RRG.

Want to dive deeper? Read: Risk Purchasing Groups vs. Risk Retention Groups: Key Differences Explained

8. Risk Retention Group Market & Practical Information

The U.S. risk retention group market includes hundreds of active RRGs providing specialized liability coverage for businesses across healthcare, transportation, education, and more.

How Many Risk Retention Groups Are There in the U.S.?

At the beginning of 2025 there were 221 active risk retention groups operating across the United States.

What Are Examples of Industries That Rely on RRGs?

Risk retention groups serve a wide range of sectors that face unique or hard-to-insure liability exposures. Common examples include:

  • Healthcare: hospitals, long-term care facilities, medical professionals

  • Transportation: trucking, commercial auto

  • Government and institutions: educational institutions, government employees, nonprofit organizations

  • Professional services: architects, engineers, attorneys, information technology

  • Environmental and manufacturing: agriculture, distributors, underground tanks

See the full list of RRG business sectors.

Can a Risk Retention Group Be Rated by Insurance Rating Agencies?

Yes, but a rating is not required. Some RRGs choose to be rated for market purposes.

How Do I Find and Join a Risk Retention Group?

Start by evaluating if an RRG aligns with your liability insurance needs. The National Risk Retention Association maintains resources to help connect businesses with active RRGs, provide regulatory guidance, and offer education for those exploring new group formation. Those interested in joining or forming an RRG can reach out to NRRA directly. NRRA provides new RRGs with a free year of membership.

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