Casualty Actuarial Society 2002 Annual Meeting November 11, 2002 Surety Bonds – A General Overview...
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Transcript of Casualty Actuarial Society 2002 Annual Meeting November 11, 2002 Surety Bonds – A General Overview...
Casualty Actuarial Society2002 Annual MeetingNovember 11, 2002
Surety Bonds – A General Overview
By Richard Meyerholz
Vice President Underwriting
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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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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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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 a certain sum of money under a defined agreement or Gov’t. statute.
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Experience (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 disproportionateCommercial Surety- Historically very profitable, but recently reported losses may wipe out accumulated profits from the last 15 years.- Over the past 5 years:
• New product development • Growing number of high risk obligations
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2000 Surety Top 10
Direct Loss Ratio 43.9%
Net Loss Ratio 23.7%
Ceded Loss Ratio 233.0%
Data from Surety Association of America and A.M. Best
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Preliminary Surety Results2001
Direct Net Reinsurers
Top 10
Loss Ratio 103.4% 68.0% 330.9%Results 11-100
Loss Ratio 43.3% 32.7% 87.0%
Top 100
Loss Ratio 82.7% 56.4% 225.8%
Data from Surety Association of America
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Reinsurance MarketChanges 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)- As of today – the jury is still out. Reinsurance Companies reviewing the market potential.
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Recent Claim Activity
- Contract Surety losses over $50 million are now common- Loss over $200 million is in the market - Freide Goldman Halter (three sureties involved)- IVI/Sade Vigesa $400,000,000- Several others on the ropes
- Commercial Surety losses are growing with the biggestclaim ever produced now in litigation.
• The biggest potential loss is Enron Corp.• Other potential large losses include Kmart,
Consolidated Freightways, CMC, Pacific Financial
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EnronUS Surety Market & Exposures Market participants Primary companies: Chubb Safeco St. Paul AIG Liberty Bond CNA Surety Travelers Hartford Fireman’s Fund F&D Surety Kemper Atlantic Mutual
Total = $2,488,000,000
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EnronUS Surety Market & Exposures Market participants Reinsurance companies: Transatlantic Re Gerling Global Swiss Re American Re Gen Re Nac Re/XL Re Partner Re St. Paul Re Folksamerica Zurich Re C.N.A. Re Hanover Re Employers Re Everest Re SCOR Re Berkley Group London
Total = $750,000,000
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Surety Involvement
Contract Surety - 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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Where Are The LossesContract - 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 [American Public Energy Agency]
- Winterthur Bond
- NEPOOL Bonds [New England Power Pool]
- Mahonia Bonds
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Example of a Forward Sale AgreementA.P.E.A. Bond
Paid loss $250,000,000
Structure of the deal Forward sale agreement J.P. Morgan/Chase A.P.E.A. End Users Enron
A.P.E.A.Bond Holders
Chase
Enron
Utility
Benefit to Utility – Discounted oil price
Tax credit
Benefit to Enron – Use of money
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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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Kmart
Commercial Surety Loss Workers’ Compensation/Self Insurers Bond Lease Bonds
License and Permit Bonds
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IVI/Sade Vigesa
Contract Surety Loss Performance and Payment Bonds on two oil platform
projects for Petrobias Bonds written in 1995 Judgment against Sureties: $370,000.00
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Things To Consider
Be sure to understand the product
Know the reinsurance coverage
Be aware of potential tail exposure
Are claims adequately reserved
Ask questions
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QUESTIONS