Presentation Global Fronting and Differences in Conditions AIG St. John’s University Thursday, October 15 THE CENTER FOR PROFESSIONAL EDUCATION 1 Presentation The Big Issues Part 1 Fronting Basics Part 2 Fronting Hub Services Part 3 THE CENTER FOR PROFESSIONAL EDUCATION 2 The Big Issues Part 1 • Central administration • Policy issuance • Premium collection, movement and reporting • Claims reporting, billing and collection • Audit and control THE CENTER FOR PROFESSIONAL EDUCATION 3 Fronting Basics Part 2 • Insurance is arranged with one insurer. • Losses are largely covered by reinsurance or other contractual agreement. THE CENTER FOR PROFESSIONAL EDUCATION 4 Fronting Goals • • • • • Comply with local laws. Meet Local Insurance Needs. Covers Differences in Conditions. Meet Requirements of Counter Parties. Blend Insurance Coverage. THE CENTER FOR PROFESSIONAL EDUCATION 5 #1. Comply with Local Laws Compulsory Insurance. Required for doing business in the country. Licensing Rules. For non-compulsory insurance. THE CENTER FOR PROFESSIONAL EDUCATION 6 Licensing of Insurers • Admitted Insurer. An insurance company that is licensed to offer coverage in a jurisdiction. • Non-admitted Insurer. An insurance company that is not licensed to offer one or more lines of insurance in a jurisdiction. THE CENTER FOR PROFESSIONAL EDUCATION 7 Compulsory Insurance Commonly required. • Work Injury. For employers and employees. • Automobile. Property and injury liability. • Industry Hazards. Pharmaceuticals, chemicals, and biological. • General Liability. For third parties. • Professional Liability. Accounting, medical, legal, and other services. THE CENTER FOR PROFESSIONAL EDUCATION 8 Regulated Insurance Commonly regulated: • Vehicles. Locally licensed insurers only. • Assets. Coverage under local zoning codes and regulations. • Liability. Ensure coverage for conflicts, disputes, and negligence. THE CENTER FOR PROFESSIONAL EDUCATION 9 Question A country requires chemical companies to carry personal injury liability coverage. • No local carrier will cover a chemical factory acquired by a foreign firm. • A licensed insurer accepted the risk and reinsured it with a foreign carrier. • Does this work? THE CENTER FOR PROFESSIONAL EDUCATION 10 Answer (1) Yes: • The insured complies with local laws. • The local insurance company handles regulatory licenses, claims, and reporting services. • The arrangement might help with other needs (See next slide). THE CENTER FOR PROFESSIONAL EDUCATION 11 Answer (2) Other needs: •Lower premiums. •Adequate capacity. •Higher limits. •Specialized coverage. •Tax Considerations. THE CENTER FOR PROFESSIONAL EDUCATION 12 Question Is fronting attractive to a locally licensed insurance company? THE CENTER FOR PROFESSIONAL EDUCATION 13 Answer Yes. Local insurer: • Collects premiums from an insured. • Reimburses losses to the insured. • Earns profits. THE CENTER FOR PROFESSIONAL EDUCATION 14 Question Does the fronting insurer accept any risk? THE CENTER FOR PROFESSIONAL EDUCATION 15 Answer Yes. It accepts credit risk. • Losses are reinsured or guaranteed by a third party. • The reinsurer or third party could fail to pay for losses. THE CENTER FOR PROFESSIONAL EDUCATION 16 Question "The reliability of good fronts continues to be a fairly large problem. You can find fronts, but they are very expensive and unpredictable in the quality and level of experience you (receive).” Is this true? THE CENTER FOR PROFESSIONAL EDUCATION 17 Answer Worldwide economic conditions have raised caution flags. Sufficient collateral may be an obstacle to creating a captive. Fronting is getting expensive in many areas of the world. THE CENTER FOR PROFESSIONAL EDUCATION 18 Question What about problems of accounting with fronting arrangements? THE CENTER FOR PROFESSIONAL EDUCATION 19 Answer Let’s take a look. THE CENTER FOR PROFESSIONAL EDUCATION 20 Balance Sheet (单位:10亿美元) Assets 资产 Debt & Capital负债&资本 Cash现金 300B Debt负债 400B Securities证券 500B Capital资本 450B Toxic Assets有毒资产 50B Total 合计 850B Total合计 850B THE CENTER FOR PROFESSIONAL EDUCATION 21 Repurchase Agreement 回购协议 Sell $50B of toxic assets 出售500亿美元有毒资产 Buy back one week later. 一周后回购 Fee: $1B. 费用:10亿美元 THE CENTER FOR PROFESSIONAL EDUCATION 22 Balance Sheet at Closing 成交后资产负债表 (单位:10亿美元) Assets 资产 Debt & Capital负债&资本 Cash现金 350B Debt负债 400B Securities证券 500B Capital资本 450B Toxic Assets有毒资产 0 Total 合计 850B Total合计 850B THE CENTER FOR PROFESSIONAL EDUCATION 23 Balance Sheet after One Week 一周后资产负债表 (单位:10亿美元) Assets 资产 Debt & Capital负债&资本 Cash现金 299B Debt负债 400B Securities证券 500B Capital资本 449B Toxic Assets有毒资产 50B Total 合计 849B Total合计 849B THE CENTER FOR PROFESSIONAL EDUCATION 24 Question (3) What happened to this company? THE CENTER FOR PROFESSIONAL EDUCATION 25 #2. Meet Local Insurance Needs. Fronting helps achieve the following: • Reduce Cost of Insurance • Improve Carrier Terms or Service. • Cover Hard-to-place Risks. • Covers differences in conditions. THE CENTER FOR PROFESSIONAL EDUCATION 26 Local Captive Insurer • Captive. An insurance company owned or controlled by one or more companies to provide insurance coverage to the owning entities. • Retention. A captive is a form of partial retention. THE CENTER FOR PROFESSIONAL EDUCATION 27 High-tariff Insurance Market A jurisdiction where insurance rates are set by law at high levels. • Standardized Approved Coverage. • No competition based on pricing. • Little innovation. THE CENTER FOR PROFESSIONAL EDUCATION 28 Question How can fronting help reduce cost of insurance in a high-tariff insurance market? THE CENTER FOR PROFESSIONAL EDUCATION 29 Captive Fronting and High Tariffs • Local captive accepts premiums. • Reinsures losses outside jurisdiction. • Reinsurer adjusts premiums to parent. THE CENTER FOR PROFESSIONAL EDUCATION 30 Question How can fronting help improve carrier terms or service and cover hard-to-place risks? THE CENTER FOR PROFESSIONAL EDUCATION 31 Answer Reinsurer or guarantee partner has capabilities not available locally. • Funds transfer. • Investigation. • Statistics and data. THE CENTER FOR PROFESSIONAL EDUCATION 32 Answer (1) Question A country has mandatory liability and optional collision insurance required on heavy construction equipment. • It is encouraged by the government to place coverage with a licensed domestic insurance company. • The local country does not have a convertible currency. THE CENTER FOR PROFESSIONAL EDUCATION 33 Answer (2) Question • It purchased customized, heavy construction equipment from Germany. • It insured it locally with a payment of $30,000 in premiums. • It sent $270,000 to an insurer in its home country. THE CENTER FOR PROFESSIONAL EDUCATION 34 Answer (3) Question • The licensed insurer agreed to pay for only 5% of any loss. • The foreign insurer agreed to reimburse 95% of any loss with a Euro currency deposit in a German bank. • Does this arrangement work? THE CENTER FOR PROFESSIONAL EDUCATION 35 Answer (4) Question • Change in Terms. • The licensed insurer agreed to pay zero percent of any loss. • The foreign insurer agreed to reimburse 100% of any loss with a Euro currency deposit in a German bank. • Does this arrangement work? THE CENTER FOR PROFESSIONAL EDUCATION 36 Question (1) A Spanish company sold a $50 million computer to a manufacturer in Brazil. • The equipment was sent to a subsidiary in South Africa. • The subsidiary: o Paid a $18 million invoice to the Spanish firm. o Insured the computer locally for $12 million. THE CENTER FOR PROFESSIONAL EDUCATION 37 Question (2) The Brazilian company: o Paid a $32 million invoice to the Spanish firm. o Insured it in London for $38 million using an excess policy with an attachment point of $12 million. Does this arrangement work? THE CENTER FOR PROFESSIONAL EDUCATION 38 Diagram Headquarters Brazil $32m $32m Subsidiary South Africa Asset $18m $12m Insurer London Insurer South Africa THE CENTER FOR PROFESSIONAL EDUCATION Manufacturer Spain 39 #3. Differences in Conditions Policy Separate Insurance Policy • Additional limits of coverage. • Special perils. • Exclusions. THE CENTER FOR PROFESSIONAL EDUCATION 40 Foreign Property DIC Policy • All risk coverage. • Fills the gaps between master insurance policy and local policies. • Provides uniformity of coverage in all locales. THE CENTER FOR PROFESSIONAL EDUCATION 41 Question A company bought fire insurance to cover a factory. • It also purchased earthquake insurance to cover structural damage from seismic tremors. • An earthquake caused a fire that burned down the facility. • Which policy covers the loss? THE CENTER FOR PROFESSIONAL EDUCATION 42 Answer In one case, neither policy. • The fire policy excluded fires started by earthquakes. • The earth movement policy excluded fires caused by earthquakes. THE CENTER FOR PROFESSIONAL EDUCATION 43 #3. Meet Requirements of Counterparties A counterparty is the other entity in a financial transaction or negotiated agreement. • It may require a company to have locally admitted insurance protecting the agreement. • Examples are clients, banks, and trading partners. THE CENTER FOR PROFESSIONAL EDUCATION 44 Question A coal-mining company purchases heavyequipment machinery from a manufacturer in another country. • The buyer wants a local jurisdiction guarantee of payment if the equipment does not meet operation or service life specifications. • No local insurer will offer such a guarantee. • Can fronting help? THE CENTER FOR PROFESSIONAL EDUCATION 45 Answer Yes. • A licensed insurer issues an insurance policy. • The policy losses are covered by a guarantee from the foreign manufacturer or a reinsurer. THE CENTER FOR PROFESSIONAL EDUCATION 46 Question A manufacturer has expensive machinery: • It must be purchased in country A. • It is installed for use in country B. • The company wants replacement cost insurance denominated in currency A. • Can fronting help? THE CENTER FOR PROFESSIONAL EDUCATION 47 Answer (1) • The manufacturer purchases insurance in country B. • It is reinsured with a company that will reimburse in country A currency. • The company wants replacement cost insurance denominated in currency A. THE CENTER FOR PROFESSIONAL EDUCATION 48 Answer (2) What happens if country B has currency restrictions? THE CENTER FOR PROFESSIONAL EDUCATION 49 Question A company operates a $30 million factory with a bank mortgage. All property insurance must be purchased from a locally licensed insurer. The local insurer agreed to provide coverage with reinsurance of 90% backing it up. The bank proposed buying $1 million of local insurance and secretly buying $29 million outside the country. Is this a good strategy? THE CENTER FOR PROFESSIONAL EDUCATION 50 Answer Issues. • The recommendation does not comply with local laws. • If the local insurer gets in trouble, the insured has no direct access to the reinsurance money. THE CENTER FOR PROFESSIONAL EDUCATION 51 #4. Create a Blended Program. Blended programs: • Profit and Loss. Combines profit-sharing of finite insurance with transfer of risk (also “integrated program.”) • Loss Only. Combines different coverages with retention and transfer. THE CENTER FOR PROFESSIONAL EDUCATION 52 Blended Profit and Loss Finance profit and insurance loss: • Investment. Hedge fund transfers $50 million to trust account offering 7% interest. • Transfer of Risk. Trust account guarantees to reimburse primary insurer losses above $200 million in specified occurrence of loss. • Return of Capital. After fixed time period, balance in trust account is returned to hedge fund. THE CENTER FOR PROFESSIONAL EDUCATION 53 Blended Loss (1) A risk transfer program is sought for a refinery. • It has an accounting value of $11 million. • It has a replacement cost of $34 million. • Local laws require licensed coverage for property losses. THE CENTER FOR PROFESSIONAL EDUCATION 54 Blended Loss (2) The foreign parent wants: • Retention of $1 million. • No local transfer of loss. • Retention of $3 million in loss above the book value. • Transfer of remaining loss to Bermuda market. Can fronting help achieve this goal? THE CENTER FOR PROFESSIONAL EDUCATION 55 Answer Yes. • Parent purchases primary insurance of $11 million with fronting licensed insurer. • Policy deductible is $1 million. • Fronting company reinsures losses at $1 million attachment point to $11 million policy limit. • Parent purchases excess insurance with $14 million attachment point and $34 million policy limit from Bermuda carrier. THE CENTER FOR PROFESSIONAL EDUCATION 56 Layered with Fronting Insurance 34m Bermuda Excess 14m 11m 1m Retained Fronting Company Retained THE CENTER FOR PROFESSIONAL EDUCATION 57 Claims Processing (1) A company has losses insured with a licensed fronting insurance company. • A loss occurs. • Who handles claims processing and settlement? THE CENTER FOR PROFESSIONAL EDUCATION 58 Claims Processing (2) Product Made it US US Foreign Foreign Foreign US Product Sold in US US US Foreign Foreign Foreign Incident In US Foreign US Foreign US Foreign THE CENTER FOR PROFESSIONAL EDUCATION Lawsuit in US Foreign US Foreign US US Covering Policy US Foreign US Foreign US ? 59 Presentation Questions and Answers Underwriter of the Future AIG St. John’s University October 16 60 THE CENTER FOR PROFESSIONAL EDUCATION Hurricane Andrew 安德鲁飓风 Underwriting e 61 THE CENTER FOR PROFESSIONAL EDUCATION Tropical Storm Underwriting 热带风暴承保 In 1992, Hurricane Andrew caused significant damage to property in Florida. At the time: 1992年,安德鲁飓风给佛罗 里达造成了巨大的财产损失。当时: Underwriting for hurricanes was based upon historical loss data. 飓风承保是基于历史赔付数据。 Flood and wind damage were underwritten in separate policies. 洪灾和风害要分开承保。 The policies did not handle the fact that damage came from both wind and flood. 保单无法处理风害和洪灾同时造 成的损失。 This was an underwriting weakness. 这是一种承保缺 陷。 62 THE CENTER FOR PROFESSIONAL EDUCATION Tropical Cyclone Underwriting 热带风暴承保 Allstate, State Farm, and other U.S. insurance companies have a major product line dealing with protecting property from tropical cyclones (hurricanes, typhoons). The underwriting for Hurricane Andrew is an interesting study. Allstate,State Farm和其它一些美国保险公司都有关 于热带风暴(飓风,台风)造成财产损失的重要产品线 。有关安德鲁飓风的承保是一个很有趣的研究。 63 THE CENTER FOR PROFESSIONAL EDUCATION Question 问题 One of the options for rating policies would be to allow the government to fix rates for each line of business. Would all parties, insurers, brokers, and insureds, benefit from this system? 对保险单定价的方式之一是让政府为每一条产品线 设定固定费率。这种方式是否对各方(保险公司、 经纪人和被保险人)都有利? 64 THE CENTER FOR PROFESSIONAL EDUCATION Presentation Tuscaloosa 65 THE CENTER FOR PROFESSIONAL EDUCATION Rising Concern 与日俱增的担忧 U.S. insurers are increasingly concerned about changes in property insurance: 美国保险公司对财 产保险发生变化的担忧与日俱增。 •Extreme weather. 极端天气 •Rising temperatures. 气候变暖 •Environmental changes. 环境变化 •Bigger potential for natural disasters. 自然灾害概率加大 What is missing? 66 THE CENTER FOR PROFESSIONAL EDUCATION Rising Concern 与日俱增的担忧 U.S. insurers are increasingly concerned about changes in property insurance: 美国保险公司对财 产保险发生变化的担忧与日俱增。 •Extreme weather. 极端天气 •Rising temperatures. 气候变暖 •Environmental changes. 环境变化 •Bigger potential for natural disasters. 自然灾害概率加大 Cyber Risk 67 THE CENTER FOR PROFESSIONAL EDUCATION Question (1) 问题(1) Let us examine property exposures. 我们来看一下财产面临的风险 •In 2005 Hurricane Katrina struck Mississippi and damaged many houses. 2005年,卡特里娜飓风袭击 了密西西比州,对许多房屋造成破坏 •Many insureds had coverage for wind but not for flood damage. Insurers denied flood damage claims. 许多被保险人购买了风灾保险,但不包括洪灾损失。因 此保险公司对洪灾损失拒赔。 •Did they win? 他们胜诉了吗? 68 THE CENTER FOR PROFESSIONAL EDUCATION Question (2) 问题(2) Who posted the following quote on its web page? “Insurance companies are long on happy slogans, but infamous for denying . . . claims.” 谁在其网页上引用了下面这句话? “保险公司擅长唱高调,但却因拒赔而声名狼籍。 ” 69 THE CENTER FOR PROFESSIONAL EDUCATION Answer 回答 The Gulfport, Mississippi, law firm of Owen, Galloway & Myers. 密西西比州的一家律师事务所 •The firm is your “Ally in Insurance Coverage Disputes.” 该公司是“你在保险范围争议上的盟友” •Its “experienced attorneys” represented 400 clients with property damage claims after Katrina. 公司 “经验丰富的律师”在卡特里娜飓风过后代理了 400位客户的财产损失理赔案 •The firm won many bad faith claims after Katrina. 卡特里娜飓风后,该公司在很多不公平理赔案中胜诉 70 THE CENTER FOR PROFESSIONAL EDUCATION Question 问题 Who posted the following quote? “You trust your insurer to help when you need it. Some insurance companies make bad faith claims. When you are the victim of bad faith claims, you need a bad faith insurance lawyer to defend your rights.” 谁发布了下面这段话? “你相信保险公司在需要时能够帮助你。但某些保险公 司进行了不公平的理赔。当你成为不公平理赔的受害者 时,你需要一位不公平保险律师来维护你的权益。” 71 THE CENTER FOR PROFESSIONAL EDUCATION Answer 回答 The New Orleans Law Offices of Edward A. Shamis, Jr., J.D. handles: 新奥尔良的一家律师所,他们的业务包括: •Birth injuries. Boating accidents. Brain injuries. Distracted driving accidents. Dog bite injuries. Drunk driving accidents. Fires and burns. Insurance bad faith. Medical malpractice. Motorcycle accidents. Personal injury. Premises liability. Catastrophic injuries. Back injuries. Texting and driving accidents . Trucking accidents. Workers compensation. Wrongful death. 出生创伤,划船事故,脑损伤,分心驾驶事故,狗咬伤,酒后驾 车事故,火灾和烧伤,保险不公平事件,医疗事故,摩托车事故 ,人身伤害,物业责任,巨灾伤害,背部伤害,短信和驾驶事故 ,卡车事故,劳工赔偿,过失致人死亡等。 72 THE CENTER FOR PROFESSIONAL EDUCATION Tuscaloosa Tornados Statistics 塔斯卡卢萨龙卷风统计 April 27, 2010 2010年4月27日 •Length of Path: 81 miles.(130 km) 距离:81英里(131公里) •Width: 1.5 miles. (2.4 km) 宽度:1.5英里(2.4公里) •Rating: Force 4. 强度:4级 •Peak Winds: 190 mph (310 km/h) 最高风速:每小时190英里(每小时310公里) •Tuscaloosa Deaths: 43 people 龙卷风死亡:43人 •Tuscaloosa Injuries: 1,000 龙卷风受伤:1000人 •Total Deaths: 64 people 总死亡:64人 •Total Injuries: 1,500 总受伤:1500人 73 THE CENTER FOR PROFESSIONAL EDUCATION Tuscaloosa, Alabama, April 2010) 塔斯卡卢萨, 阿拉巴马州,2010年4月 74 THE CENTER FOR PROFESSIONAL EDUCATION Tuscaloosa, another view 塔斯卡卢萨 75 THE CENTER FOR PROFESSIONAL EDUCATION Tuscaloosa Today 今天的塔斯卡卢萨 A lot more to do. 万事待兴。 76 THE CENTER FOR PROFESSIONAL EDUCATION Presentation New Orleans 77 THE CENTER FOR PROFESSIONAL EDUCATION Katrina New Orleans Statistics 卡特里娜飓风,新奥尔良,统计 • • • • • • • 78 Highest Winds: 175 mph (280 km/h) 最大风速:每小时175英里(280公里) Strength: Category 1 or Category 2 强度:1级或2级 Number of Levee Breaches: 53 溃堤:53处 Escape Routes: Two 撤离路线:2条 Hyatt Hotel Debris: Glass and beds Known Deaths: 700 已知死亡人数:700 Total Deaths: Nobody knows 总死亡人数:未知 THE CENTER FOR PROFESSIONAL EDUCATION Street During Katrina卡特里娜飓风时街道 79 THE CENTER FOR PROFESSIONAL EDUCATION Displaced Residents 无家可归的居民 80 THE CENTER FOR PROFESSIONAL EDUCATION Lower Ninth Ward 下九区 81 THE CENTER FOR PROFESSIONAL EDUCATION Lower Ninth Ward下九区 82 THE CENTER FOR PROFESSIONAL EDUCATION Lakeview Section 湖景区 83 THE CENTER FOR PROFESSIONAL EDUCATION Lower Ninth Ward Rebuilding下九区重建 84 THE CENTER FOR PROFESSIONAL EDUCATION Still Waiting 仍在等待 85 THE CENTER FOR PROFESSIONAL EDUCATION Side by Side 连排房屋 86 THE CENTER FOR PROFESSIONAL EDUCATION Float House New Orleans 新奥尔良房屋 87 THE CENTER FOR PROFESSIONAL EDUCATION Presentation Biloxi and Gulfport 88 THE CENTER FOR PROFESSIONAL EDUCATION Katrina Mississippi Statistics 卡特里娜飓风,密西西比州,统计 August 29, 2005 2005年8月29日 •Deaths: 238 people. 死亡人数:238 •Missing: 67 people. 失踪人数:67 •Storm Surge: 27-foot (8.2 meter) high. 浪高:27英尺(8.2米) •Inlands Surge Penetration: 6 miles (10 km). 内陆延伸: 6英里(10公里) •Highest wind gust: 135 mph (217 km/h). 最大风速:每小时135英里(217公里) •Amount of Rain: 8-10 inches (200 – 250 mm). 降雨量:8-10英寸(200-250毫米) THE CENTER FOR PROFESSIONAL 89 EDUCATION Property Damage 财产损失 • 90% of structures within half a mile of the coastline were completely destroyed. 距海岸线0.5英里范围内90%的建筑被完全摧毁 90 THE CENTER FOR PROFESSIONAL EDUCATION Question 问题 What is this? 这是什么? 91 THE CENTER FOR PROFESSIONAL EDUCATION Answer 回答 Santini Historic House, Biloxi, MS Santini历史建筑,比洛克西,密西西比州 92 THE CENTER FOR PROFESSIONAL EDUCATION Grass Lawn Historic Home 草坪历史建筑 93 THE CENTER FOR PROFESSIONAL EDUCATION Grass Lawn After Katrina 卡特里娜飓风后 94 THE CENTER FOR PROFESSIONAL EDUCATION Bolton House, Biloxi 博尔顿建筑,比洛克西 95 THE CENTER FOR PROFESSIONAL EDUCATION Bolton House, Biloxi 博尔顿建筑,比洛克 西 96 THE CENTER FOR PROFESSIONAL EDUCATION Blossom Lodge, Gulfport 旅馆,格尔夫波特 97 THE CENTER FOR PROFESSIONAL EDUCATION Blossom Lodge, Gulfport 旅馆,格尔夫波特 98 THE CENTER FOR PROFESSIONAL EDUCATION