Davis H. Smith

Davis Smith advises captive insurance companies, risk retention groups and self-insured funds on transactional, regulatory and tax matters. He also counsels insurance intermediaries, including agencies and brokers, and other industry participants on regulatory compliance and transactions.

His transactional work includes managing and facilitating agency mergers, acquisitions and corporate consolidations. Davis assists with the formation and licensing of managing general agencies, advises on multistate licensing projects for producers and agencies, and negotiates and drafts distribution and marketing agreements.

Davis also counsels businesses on tax and business strategies, including how to structure and grow their operations in a tax-efficient manner. His work spans a variety of industries, with a particular focus on regulated businesses, including insurance companies and investment advisors, as well as the professional services industry.

Davis co-authored the 2016 update to the Alabama Captive Insurers Act. He frequently speaks and writes about tax planning for businesses, including strategies for captive insurance companies.

• Served as corporate and regulatory counsel in connection with the formation and licensing of multiple captive insurers and risk retention groups in the healthcare, manufacturing, financial services, real property, warehousing, and trucking industries, in various domiciles, both domestic and foreign.
• Completed multiple insurance agency acquisitions across a variety of industries and states.
• Represented regional bank in the acquisition of an Alabama-based insurance agency specializing in personal lines and home warranties.
• Represented buyer of Tennessee-based P&C agency with an annual premium volume of $5 million.
• Represented buyer of Texas-based P&C agency with annual premium volume of $3 million.
• Advised multi-state insurance agency on regulatory compliance with producer compensation arrangements.
• Represented mortgage servicing company-owned insurance agency in the drafting and negotiation of brokerage and sub-agency agreements with respect to placing insurance on equipment finance loans.
• Represented litigation finance company-owned insurance agency in the drafting and negotiation of brokerage and sub-agency agreements to place coverage on loans.
• Advised multi-state insurance agency on the sale of insurance products over the internet.
• Represented trade association in the formation of an insurance agency and development of a workers’ compensation captive insurance program.
• Served as regulatory counsel in rate and form filing of multi-state dental insurance program.

• New York University, LL.M., Taxation, 2001
• University of Alabama School of Law, J.D., 2000
• Hampden-Sydney College, B.A., 1997

• Alabama

• United States District Court, Middle District of Alabama
• United States Tax Court

• Alabama State Bar, President’s Award, 2020 
• Listed in The Best Lawyers in America^®
  • "Lawyer of the Year," Montgomery, Tax Law, 2027
  •  Tax Law, 2018, 2020-2021, 2023-2027
• Listed in Business Alabama, Legal Elite, 2025-2026
• John A. Campbell Moot Court Board, 1999-2000
• Mugel National Tax Moot Court Team, 1999-2000

• Captive Insurance Companies Association
• Alabama Captive Association, Board of Directors
• Alabama State Bar
  • Section of Taxation, Chair, 2016-2017
• American Bar Association
  • Section of Taxation
• Montgomery County Bar Association