The Business of Insurance, Reinsurance, Regulation of Insurance, Risk Management and Public Policy Dr. John F. Fitzgerald, Jr CLU, CPCU, CIC

The Business of Insurance

Business of Insurance #1 Concern- 28% of Small Business Satisfied Consumers

Structure Types Life Health Property-Liability

Forms & Insurers Form – Stock – Mutual Insurers – Life-Health 1200 – Property- Liability 2700

Distribution System Independent Agents – Agent, broker, solicitor, surplus lines Exclusive Agents Direct Writers Direct Response – Web – Internet – Mail

Market Share Personal Lines – Agencies 30% – Direct 70% Commercial Lines – Agency 70% – Direct 30%

Investments P/CL/H Bonds7075 Common Stock185 Other1210

Liabilities Unearned premium reserves (UPR) Loss reserves (2/3 of liabilities) – Reserve for accidents or events that have already occurred – Three types of loss reserves: Settled but not yet paid Reported but not yet settled Incurred but not yet reported (IBNR)

Statutory Accounting Principles (SAP) (Insurance Accounting) GAAP v. SAP – Going concern v. liquidation – Expenses recognized immediately while revenues must be accrued – Admitted v. non-admitted assets – Conservative securities valuation Assets – Liabilities = Net worth

Functional Areas Sales and marketing Underwriting- selection of risks Claims- paying and reserving for losses Product development Ratemaking (actuarial) – pricing of policies Investments Risk management services- loss control, data management, etc. Accounting, Legal, IT

Reinsurance

What is Reinsurance? Defined: – Insurance for insurance companies Retrocession – Insurance for reinsurers

Why is Reinsurance Purchased? Several “Needs” May Exist – Capacity – Stability – Catastrophe Protection – Premium Growth – Enter/Exit Classes of Insurance

Reinsurance and Its Function Basic terms and concepts Reinsurance functions: Increase large-line capacity Provide catastrophe protection Stabilize loss experience Provide surplus relief Facilitate withdrawal from a market segment Provide underwriting guidance

Capacity Unusual risk or “large line” Regulations affecting insurers – The 10% rule Management of line size (limits) within insurance portfolio

Stability Desire to limit the fluctuation in results due to random variation in losses Predictability in loss ratio Need to comfort shareholders, policyholders, regulators, and investors

Catastrophe Protection Protect against adverse affects of a catastrophic event natural or man- made Multiple policies involved in single loss or event

Premium Capacity Also referred to as “Surplus Relief” Arises from conservative nature of insurance accounting principles (SAP) New/Growing insurers need to “finance” the premiums they write Measure = Leverage Ratio Net Premiums Written: Policyholders’ Surplus

Other Functions Entry into new classes/ territories Exit from classes/ territories Underwriting expertise Protect insurer against punitive or “bad faith” damages

In/Reinsurance Distribution Insured Primary Insurer Re- insurer Retro- cession Direct Market Broker Market

Reinsurance Sources Professional reinsurers Reinsurance departments of primary insurers Reinsurance pools, syndicates, and associations Reinsurance professional and trade associations – Intermediaries and Reinsurance Underwriters Association (IRU) – Brokers & Reinsurance Markets Association (BRMA) – Reinsurance Association of America (RAA)

Types of Reinsurance Facultative Treaty Other (Hybrid/Financial)

Facultative Reinsurance Individual risk review/underwriting Certificate issuance Treaty protection/Hazardous risks Hybrid agreements Advantages/Disadvantages

Treaty Reinsurance Groups of policies, class/line of business, or entire portfolio Obligatory reinsurer acceptance Pooling effect One agreement

Forms of Reinsurance Agreements Proportional (Pro Rata) – Principal of sharing- premium, limits, and losses – Reinsurance applications: Quota Share- Fixed percentage sharing Surplus Share- Fixed dollar amount retained, yielding variable percentages Variations

Proportional Reinsurance Sharing Concept- QS (%) & SS($) Primary Insurer Retention Reinsurance Cession Percentage of premiums & losses shared 100% or ($)0% or ($) $1M Limits of insurance

Comparing: QS & SS Quota ShareSurplus Share A fixed percentage amount is retained by the insurer and ceded to the reinsurer A fixed dollar amount of retention is selected by the insurer resulting in variable percentages of retention and cession All policies included in the agreement are reinsured according to the specified percentages Policies with limits less than the retention are retained 100% by the reinsured company Used in property and casualty classes of insurance Used most frequently in property insurance

Types of Reinsurance Pro Rata Reinsurance – Quota share reinsurance – Surplus share reinsurance Excess of Loss Reinsurance – Per risk excess of loss – Catastrophe excess of loss – Per policy excess of loss – Per occurrence excess of loss – Aggregate excess of loss

Forms of Reinsurance Agreements Non-Proportional (Excess of loss – XOL) – Principal of indemnification – Reinsurance applies: Per risk/Per occurrence/Per claim Per policy Catastrophe- Property Clash- Casualty Aggregate or Stop Loss

“Excess of Loss” Non-Proportional Reinsurance Indemnification Concept Remember- reinsurance “attachment” may apply on one of many bases $1M Limits of insurance Attachment Point Reinsurance reimbursement for the amount of loss in “excess of” the retention Primary Reinsurance Amount Reinsurance indemnifies for a loss in excess of the primary retention

Example: Excess of Loss (XOL) Dr. A, an orthopedic surgeon, failed to properly treat a fracture of the left femur. The patient was a high school athlete and suffered permanent injury to his leg. Dr. A had a $1,000,000 policy limit (claims-made) at the time of the medical incident and the insurer was able to settle the case for $1,000,000. The insurer had an Excess of Loss Reinsurance agreement in place for $750,000 “excess of” $250,000 per claim. Reinsurer pays (indemnifies) $750,000 of the settlement “in excess of” $1,000,000 Policy Limit $250,000 Retained by the insurer

Example: Clash Coverage Dr. A was involved in another case with two of his associates that was settled for a total of $3,000,000, with fault apportioned equally among the three doctors ($1M each). Each doctor was covered under a $1,000,000 policy limit at the time of the medical incident. The insurer had in place a Per Occurrence Clash reinsurance agreement for $5,000,000 “excess of” $500,000 per medical incident. LimitsDr. ADr. BDr. CTotal Recovery Loss$1,000,000 Reinsurance Limit $5,000,000 “in excess of” Paid loss: $833,333 Paid loss: $833,333 Paid loss: $833,333 $2,500,000 Retention$500,000 Retained by Insurer

Alternative to Traditional Reinsurance Finite risk reinsurance Capital market alternatives to traditional and non-traditional reinsurance

Reinsurance Program Design Factors affecting reinsurance needs – Growth plans – Types of insurance sold – Geographic spread of loss exposures – Insurer size – Insurer structure – Insurer financial strength – Senior management’s risk tolerance

Factors Affecting Retention Selection Maximum amount the primary insurer can retain Maximum amount the primary insurer wants to retain Minimum retention sought by the reinsurer Co-participation provision

Factors Affecting Reinsurance Limit Selection Maximum policy limit Extra-contractual obligations Loss adjustment expenses Clash cover Catastrophe exposure

Many More Reinsurance Issues Basis of “Attaching” Coverage Contract Wording/Documentation Pricing Issues (Primary & Reinsurance) Trends and Emerging Issues And much more…

Reinsurance Regulation Contract certainty Credit for reinsurance transactions

Finally: What do Reinsurance Underwriters Really Do? Reinsurance Underwriter Financial Analysis of Primary Insurers Loss Exposure & Primary Coverages Loss Reserving by Primary Insurers Primary Insurance Pricing Facultative Certificate & Treaty Wording

Regulation of Insurance

Federal Regulation Advantages of Federal Regulation – Uniformity of laws – Greater efficiency – More competent regulation

State Regulation Advantages of State Regulation – Greater responsiveness to local needs – Uniformity of laws by the NAIC – Greater opportunity for innovation – Unknown consequences of federal regulation – Decentralization of political power

Evolution of Insurance Regulation Paul v. Virginia Sherman Antitrust Act South-Eastern Underwriters Association Decision McCarran-Ferguson Act ISO and the Attorneys General Lawsuit Gramm-Leach-Bliley Act

Reasons for Insurance Regulation I Maintain Insurer Solvency – Nature of the insurance promise – Ripple effect of insolvencies Protect Consumers/Inadequate Consumer Knowledge – Complex contracts – Difficult to compare and determine monetary value – Important to maintain consumer impact and competitive incentive

Reasons for Insurance Regulation II Prevent Destructive Competition Insure Reasonable Rates – Adequate, not excessive, not unfairly discriminatory Make Insurance Available – Essential coverages (auto) – Government insurance programs (unemployment)

Financial Regulation Minimum capital and surplus requirements Admitted assets- those that state law allows an insurer to who on its statutory balance sheet in determining its financial condition Reserves- liabilities (state prescribes methods for calculating) Surplus- difference between assets & liabilities (determines amount of business allowed)

Rate Regulation I All states (except Illinois) have laws requiring rates to be adequate, reasonable (not excessive), not unfairly discriminatory Types of rating laws (Property/Casualty): – State-made rates- state determines and all insurers in state must use (Texas and Massachusetts for auto rates) – Mandatory bureau rates- rating bureau determines and all insurers must use some deviations (North Carolina)

Insurance Regulatory Activities: Regulating Insurance Rates Insurance rate regulation goals – Adequate – Not excessive – Not unfairly discriminatory Types of rating laws

Rate Regulation II Types of rating laws: – Prior approval- rates must be filed and approved by the state insurance department before they can be used (majority use, but problem of delays) – File-and-use- companies are required only to file the rates with state officials (who may later disapprove) & and use immediately – Open competition- no filing laws though may have to furnish schedules and supporting data to state officials – Flex rating laws- prior approval only required if rate change exceeds a predetermined range—e.g., 5%

Insurance Regulators State Insurance Departments – The Insurance Commissioner – State Regulation Funding The National Association of Insurance Commissioners (NAIC) – Model Laws and Regulations – Accreditation Program Federal Regulation

Insurance Regulatory Activity: Licensing Insurers and Insurance Personnel Licensing Insurers – Domestic insurers – Foreign insurers – Alien insurers – Nonadmitted insurers – Risk retention groups Licensing Insurance Personnel – Producers – Claims representatives – Insurance consultants

Insurance Regulatory Activities: Monitoring Insurer Solvency Methods to maintain solvency Liquidation of insolvent insurers State guaranty funds Reasons for insolvency

Insurance Regulatory Activities: Regulating Insurance Policies Legislation Policy rules, regulations, and guidelines Courts

Insurance Regulatory Activities: Market Conduct and Consumer Protection Monitoring market conduct – Producer practices – Underwriting practices – Claim practices Market analysis Ensuring consumer protection

Unofficial Regulators in Insurance Financial rating organizations Insurance advisory organizations Insurance industry professional and trade associations Consumer groups

Regulatory Philosophy I Financial solidity Fair equitable treatment Competitive market National leader Enforcement Regulatory cooperation

Regulatory Philosophy II Improve and sustain Encourage freedom Self regulation Loss prevention Inform public Timely response to change Evaluate strategy

Regulatory Philosophy III Vision and mission Recognize and monitor change Innovation Arbitration Strengthen regional economy

P/C Insurer Impairments YearNumber of Impairments

Number of Life/Health Insurer Insolvencies YearNumber of Insolvencies

Reasons for P/C Insurer Impairments

Relevant Issues in Regulation Convergence in financial services Natural catastrophe issues (coverage, response, etc.) Growth of the Internet Insolvencies Quality of regulation Deregulation of commercial lines Speed to market Agent/broker compensation Underwriting information (CLUE, insurance scores)

Risk Management and Public Policy

Managing Risk through Legislation Fire protection Zoning laws Building codes Public safety Highway safety Motor vehicle standards Licensing (occupation) Workplace safety Product safety Sanitation Pollution Hazardous materials Employment conditions Education Criminal law