Among the various decisions to be made when implementing a new captive insurance company is election of ownership. It is not unusual for our clients to consider the use of a trust as potential owner of their new captive(s), and we often see Delaware trusts being utilized. The Mathews case ruling was issued on January 22nd and is interesting reading when considering a Delaware Trust. See below for a summary of the case written by William M. Kelleher, Director of Gordon, Fournaris & Mammarella, P.A.
TrustCo Bank v. Mathews – Memorandum Opinion dated January 22 2015