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Published byMary Nash Modified over 9 years ago
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CAGNY Meeting May 29, 2002
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2 What is “Suretyship”? Suretyship is essentially an extension of credit by the surety on behalf of the principal. Suretyship is designed to protect the Obligee from exposures to loss.
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3 What are “Surety Bonds”? A surety bond is a written agreement providing for monetary compensation or satisfactory completion of an obligation by the surety. A surety bond is a three- party agreement whereby the surety is bound, with the principal to the Obligee.
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4 There are two broad categories of Surety Contract Surety – a contract bond guarantees the performance of the principal under a written contract to build or supply goods and services. Commercial Surety (also known as non-contract or miscellaneous bonds) – a commercial surety bond guarantees the principal will honor obligations to pay certain sums of money under defined agreements or statutory terms.
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5 Industry Results for Contract and Commercial Surety - 1987-1998
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6 Industry Results for Contract and Commercial Surety - 1999-2001
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7 Top 25 Writers of Surety Bonds in 1999
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8 Top 20 Writers of Surety Bonds in 2000
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9 Top 20 Writers of Surety Bonds in 2001
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10 Primary Market Changes from January 2000 – December 2001 - Consolidation through acquisition Travelers/Reliance St. Paul/USF&G/Seaboard Zurich/F&D - Reduction through insolvency Fireman’s Fund (Surety Operation) Frontier Amwest First Indemnity of America
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11 Reinsurance Market Changes from January 2000 – December 2001 - Calendar year 1999-over 25 active reinsurers with a total market capacity exceeding $250,000,000 - December 2001 – 12 active reinsurers with a total market capacity at approximately $90,000,000 (excluding New Bermuda markets) - Between September and December we lost FolksAmerica, St. Paul Re and Gerling. Post January 1, 2002 Odyssey Re and Arch Re emerged as new markets.
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12 Loss Activity (Contract & Commercial Surety) Contract Surety - Loss activity over the past 5 years has increased in both frequency and severity - Gross vs. Net Results - Reinsurers share of the industry losses disproportionate Commercial Surety - Historically very profitable - Over the past 5 years: New product development Growing number of high risk obligations
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13 Recent Claim Activity - Contract Surety losses over $50 million are now common -Loss over $200 million is in the market; Freide Goldman Halter (two sureties involved) - Commercial Surety losses are growing with the biggest claim ever produced now in litigation. The biggest potential loss is Enron Corp. Another potential large loss is Kmart
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14 Enron US Surety Market & Exposures Market participants Primary companies: ChubbSafeco St. PaulAIG Liberty BondCNA Surety TravelersHartford Fireman’s FundF&D Surety KemperAtlantic Mutual Total = $2,488,000,000
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15 Enron US Surety Market & Exposures Market participants Reinsurance companies: Transatlantic ReGerling Global Swiss ReAmerican Re Gen ReNac Re/XL Re Partner ReSt. Paul Re FolksamericaZurich Re C.N.A. ReHanover Re Employers ReEverest Re SCOR ReBerkley Group London Total = $750,000,000
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16 What Do We Know About Enron Corporation? Corporate Headquarters – Houston, Texas Advanced Energy Trading Business Divested (sold) most fixed assets from 1990-1998 Early 2001 market capitalization topped $88 billion Leader in its market Darling of Wall Street
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17 Account Underwriting Corporate Financial Statement Value Line/S&P Rating Etc. Very Limited Client Contact
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18 Surety Involvement ContractSurety - Performance Bond / Payment Bonds - Operations and Maintenance Bonds Commercial Surety - Advance Payment Bond - Premium Payment Bond - Financial Guarantee Bond Domestic Business Interests International Business Interests
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19 Where Are The Losses Contract- most likely from the international business - Argentina exposure most tenuous - estimate $25-$200 million Commercial- paid losses to date exceed $265,000,000 - A.P.E.A. Bond - Winterthur Bond - NEPOOL Bonds - Mahonia Bonds
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20 A.P.E.A. Bond Paid loss $250,000,000 Structure of the deal Foreword sale agreement J.P. Morgan/Chase A.P.E.A. End Users Enron
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21 Mahonia Who/What is Mahonia Six Open Bonds Guarantee Advance Payment Total Amount On Six Bond claims - $1.1 Billion Current Litigation
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22 Kmart Commercial Surety Loss Workers’ Compensation/Self Insurers Bond Lease Bonds License and Permit Bonds
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23 QUESTIONS
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