Industry Insight: eMaxx Reciprocal Model Signals Shift in Risk Sharing

Background: A Different Kind of Commercial Insurer

On October 5, 2026, Insurance Journal reported that former NFL tight end Rob Gronkowski will serve as spokesman for eMaxx Assurance Group, a Tampa-headquartered provider of risk-managed, captive-based commercial insurance. Gronkowski will represent eMaxx in brand campaigns, marketing efforts and community initiatives. He was previously best known as a pitchman for USAA.

The celebrity hire is the headline, but the underlying business model is more relevant to public adjusters, claims professionals and policyholders. Until 2018, eMaxx was known as Energi and specialized in liability and property coverage for the energy industry. It has since diversified into many more business sectors, using a structure that differs from the traditional guaranteed-cost model.

How the eMaxx Structure Works

According to the report, the eMaxx approach has several layers:

• Industry captives: Captive insurers are formed for specific industry groups, and members assume a share of the risk.
• A reciprocal exchange in the middle: eMaxx serves as a reciprocal insurance exchange that sits between the captives and a fronting carrier.
• A fronting carrier: For a recently announced commercial property program, the fronting carrier is Fortegra, a nationally known specialty insurer.
• Layered losses: Fortegra cedes some risk through the reciprocal to the captives. The captives cover a lower level of losses, while the fronting carrier takes higher loss levels.

CEO Brian McCarthy said regulators appear to prefer an established carrier on the front end rather than a newly formed, potentially thinly capitalized captive. Davies, a multinational insurance services and captive management firm, manages most of the eMaxx captive programs.

Scale and Capitalization

McCarthy said eMaxx writes in all 50 states and plans to grow. Its captive program for mid-market energy and energy construction companies reportedly has 135 member companies and more than $135 million in premium, which he described as the largest downstream energy captive in the country. The company also offers a specialty transport captive and a crane-rigging captive. McCarthy stated the firm holds a $25 million surplus.

Required Risk Abatement

A defining feature is that insureds must adopt extensive risk-abatement measures. Examples cited include:

• Telematics to promote safe driving by truck drivers.
• Wind and storm-surge mitigation for buildings in Florida.
• Vegetation reduction and fire suppression around structures in wildfire-prone areas.

McCarthy said that having seen the costly impact of lawsuits on guaranteed-cost insurers, he concluded that members assuming risk was the only effective way to write commercial auto and general liability, because it pushes insureds to implement needed risk management.

Impact on Public Adjusters and Claims Professionals

This is an industry development rather than a court ruling, and its practical effects on claims will depend on policy language. Still, several issues merit attention:

• Multiple parties in the claim chain. A loss may involve a fronting carrier, a reciprocal exchange, a captive and a captive manager. Identifying who has authority to adjust, accept coverage and pay is essential.
• Risk-abatement conditions. If coverage is tied to mitigation measures such as wind or storm-surge protections, expect carriers to scrutinize compliance after a loss. Documenting the condition of the property before the loss will matter.
• Insured participation in losses. Because captives cover a lower layer of losses, members have a financial stake in how claims resolve. That may affect claim handling and settlement dynamics at lower loss levels.
• Layer-specific recoveries. Larger losses move into the fronting carrier's layer, so claim documentation should support the full scope of loss across layers.

Practical Takeaways

1. Obtain the complete policy, including endorsements, member agreements and any risk-management warranties or conditions.
2. Confirm which entity is the claims point of contact and who holds final payment authority.
3. Keep dated records of mitigation measures, inspections and maintenance to rebut later compliance disputes.
4. Document loss scope thoroughly and early, with photographs, estimates and expert input where needed.
5. Track all policy notice and proof-of-loss deadlines carefully, and consult counsel when coverage positions appear inconsistent with policy terms.

How Louis Law Group Can Help

Louis Law Group represents Florida policyholders in property damage disputes, including commercial claims involving complex insurance structures. If a carrier, reciprocal or captive has delayed, underpaid or denied your claim, or is asserting that risk-mitigation conditions were not met, our attorneys can review the policy and advise on next steps. Public adjusters are welcome to contact us to coordinate on difficult files. Call (833) 657-4812 for a consultation.

Source: Insurance Journal - Gronkowski Now Pitchman for eMaxx, a Reciprocal With a Different Playbook