Convergence Insurance and Capital Markets

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    World Economic ForumOctober 2008

    Convergence of Insuranceand Capital Markets

    COMMITTED TO

    IMPROVING THE STATE

    OF THE WORLD

    A World Economic Forum Reportin collaboration with

    AllianzBarclays CapitalDeloitteState Farm

    Swiss ReThomson ReutersZurich Financial Services

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    The Convergence of Insurance and Capital Markets is published by the WorldEconomic Forum. The Working Papers in this volume are the work of the authorsand do not represent the views of the World Economic Forum.

    World Economic Forum USA Inc.

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    Tel.: +1 212 703 2300Fax: +1 212 703 2399E-mail: [email protected]/usa

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    2008 World Economic Forum USA Inc.All rights reserved.

    No part of this publication may be reproduced or transmitted inany form or by any means, including photocopying and recording,or by any information storage and retrieval system without explicitwritten permission from the World Economic Forum USA and therespective authors.

    REF: 091008

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    3

    Contents

    Foreword and Contributors 4

    1 Executive Summary 6

    2 The Existing Market for Insurance Risk 9

    2.1 Market development 9

    2.2 Market instruments 10

    2.2.1 P&C bonds 10

    2.2.2 Life bonds 12

    2.2.3 Weather derivatives 13

    2.2.4 Industry loss warranties 142.2.5 Cat swaps 14

    2.2.6 Exchange traded cat risks 14

    2.3 Market participants 15

    3 Impediments to Growth 17

    3.1 Impediments for sponsors 17

    3.1.1 Basis risk 17

    3.1.2 Accounting and regulatory treatment 19

    3.1.3 Inconsistent ratings treatment 22

    3.1.4 Pricing of traditional reinsurance 22

    3.1.5 Time and cost 23

    3.1.6 Data quality and transparency 24

    3.1.7 Limited types of risk 26

    3.1.8 Cultural factors 26

    3.2 Impediments for investors 27

    3.2.1 Lack of standardization 27

    3.2.2 Limited secondary market 29

    3.2.3 Long payout periods 293.2.4 Valuation complexity 30

    4 Conclusions and Recommendations 31

    Appendices 33

    Appendix A: Project Description 33

    Appendix B: Findings 34

    Appendix C: Current Initiatives 37

    References 39

    Acknowledgements 40

    Footnotes 41

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    We are pleased to present this report on the

    convergence of insurance and capital markets. It

    stems directly from an initiative of the Financial

    Services Governors launched at the World Economic

    Forum Annual Meeting 2007, when the assembled

    Governors agreed to carry the dialogue and work

    beyond Davos in line with the Forums mission of

    being Committed to Improving the State of the

    World. Subsequently, working groups comprised of

    industry representatives, academics, experts and

    Forum staff took up work on several projects that

    Governors felt were of broad interest, not only to thefinancial services industry but also the public. This

    project, examining the convergence between capital

    markets and the insurance sector, focused in particular

    on the role new financial instruments could play to

    better address and syndicate particular types of risk.

    This report could not be more timely. While the credit

    crisis, now going into its second year, was triggered

    inter alia by faults associated with securitized

    mortgages, insurance-linked securities (ILS) turned

    out to be highly resilient at a time of extreme market

    turbulence. In fact, ever since the outbreak of thesub-prime crisis, prices of catastrophe bonds

    (perhaps the most prominent ILS example) have

    performed strongly, easily outperforming indices of

    credit instruments with similar debt ratings. However,

    this outperformance has hardly registered with non-

    specialists in light of overall market challenges.

    In this environment, where the financial markets face

    such turmoil, this publication aims to shed light on a

    critical area in which the capital markets are showing

    signs of success. Its authors make a convincing

    case that insurance-linked securities are an

    important asset class, and that the ILS market is not

    only here to stay, but likely to grow at a strong pace

    in the future. Of course, there are and will continue

    to be obstacles to the growth and broad

    acceptance of ILS. This report identifies many such

    challenges. We believe that the benefits of

    insurance-linked securities will ultimately appeal toinvestors and issuers alike and have an important

    role to play for particular types of investment risks.

    The report should help to create an elevated

    baseline of understanding among a broader base of

    non-specialist investors, discussing the impediments

    and potential solutions to further the debate about

    the use of these products.

    A work of this caliber can only be written by many

    talented people pulling together towards one

    common goal. We thank our Governors, sponsors,

    workshop participants, experts and team membersfor their dedication to this report. The ball is now in

    the court of the market participants. They have it in

    their hands to unlock the full potential of insurance-

    linked securities, and we are confident therefore that

    the increasing convergence of insurance and capital

    markets will create value for all.

    4

    Foreword and Contributors

    James J. Schiro

    Group Chief Executive Officer and Chairman of the

    Group Management Board

    Zurich Financial Services Switzerland

    Kevin Steinberg

    Chief Operating Officer and Head of the Centre

    for Global Industries (New York)

    World Economic Forum USA

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    Contributors

    Co-authors

    Katharina Hartwig (part 3)

    Group Legal Services

    Allianz

    Kurt Karl (part 2)

    Senior Vice-President

    Head of Economic Research and Consulting

    Swiss Re

    Steven Strauss (Executive Summary)

    Senior Adviser

    World Economic Forum USA

    Tom Watson (parts 4 and 5)

    Project Manager

    World Economic Forum USA

    Operating Committee

    Daniel Brookman

    Head of Structured Insurance

    Barclays CapitalDaniel Hofmann

    Chief Economist

    Zurich Financial Services

    Kurt Karl

    Senior Vice-President

    Swiss Re

    Ben Lewis

    Head of Strategy

    Thomson Reuters

    Stephan TheissingHead of Group Treasury and Corporate Finance

    Allianz

    Deborah Traskell

    Executive Vice-President

    State Farm

    Steering Committee

    Paul Achleitner

    Chief Financial Officer

    Allianz

    Jacques Aigrain

    Chief Executive Officer

    Swiss Re

    Jerry Del Missier

    President

    Barclays Capital

    Jim Rutrough

    Vice-Chair and Chief Operating Officer

    State Farm

    James J. Schiro

    Group Chief Executive Officer

    and Chairman of the Group Management Board

    Zurich Financial Services

    Devin Wenig

    Chief Executive Officer, Markets Division

    Thomson Reuters

    Key Knowledge Partners

    Jack Ribeiro

    Global Head of Financial Services

    Deloitte LLP

    Ed Hardy

    Insurance Partner

    Deloitte & Touche LLP

    From the World Economic Forum

    Kevin Steinberg

    Chief Operating Officer and Head of the Centre for

    Global Industries (New York)

    World Economic Forum USA

    Steven Strauss

    Senior Adviser

    World Economic Forum USA

    Tom Watson

    Project ManagerWorld Economic Forum USA

    While not necessarily endorsing any of the specific

    conclusions reflected in this report, both the Steering

    Committee and Operating Committee provided

    detailed feedback and helped ensure the overall

    integrity of the work. Any opinions herewith are

    solely the views of the authors and do not reflect the

    opinions of the Steering Committee, the Operating

    Committee or the World Economic Forum.

    5

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    Facilitating risk transfer and increasing transparency

    have been dominant themes in the financial markets

    since the end of World War II. Transferability and

    transparency are widely believed to promote better

    economic performance with important benefits not

    just to investors but also to consumers and other

    social stakeholders.

    In certain risk areas we see an

    increasing need for capacity. Weather-

    related insurance claims, for example,have increased fifteen-fold over the last

    30 years. In this challenging situation,

    insurance-linked securities provide new

    fully collateralized and multi-year

    capacity for the risk-carrying industry,

    along with a high degree of risk

    diversification, which makes them

    attractive for investors as well.

    Paul Achleitner, Chief Financial Officer, Allianz, Germany

    Financial innovation has allowed many types of risk

    to become more tradable including credit, interest

    rate, equity and foreign-exchange risk, to name but

    a few. However, one important category still lacks a

    liquid, transparent and tradable market: insurance

    risk.

    The potential market is vast, with total premiums of

    all the worlds insurers equalling approximately US$

    4.1 trillion. Insurance risk comes in many varietiesand can be segmented into broad categories (e.g.

    life, property and casualty, etc.), as well as

    geographic markets. This is not unlike other types of

    risk widely traded in the capital markets. Credit risk,

    for example, can be divided into corporate,

    municipal, mortgage and consumer sectors, among

    others.

    However, it is necessary for investors and policy-

    makers to recognize the distinctions between the

    securitization ofassets (mortgages, car loans, etc.)

    and the securitization ofliabilities. Most life insurancesecuritizations are similar to asset-backed securities

    (ABS) currently offered by banks and prone to

    many of the same issues associated with ABS.

    Some life insurance, securitizations, for example, are

    backed by the embedded value of future profit

    streams from a book of life insurance policies.

    In the case of property and casualty (P&C)

    securitization, however, the distinction between the

    transfer of assets and the transfer of liabilities is

    critical. Risks in bank assets tend to be correlated,

    as the recent sub-prime crisis has demonstrated.

    This creates a strong incentive for bankers to

    transfer risks to the markets in order to diversify their

    asset portfolios. P&C liabilities, on the other hand,are uncorrelated, or only weakly correlated.

    Hurricane Katrina, to cite one example, severely

    impacted a relatively small geographic region of the

    United States, but had little or no effect nationally or

    globally. The typical P&C portfolio, then, consists of

    a wide spectrum of uncorrelated risks. This creates

    diversification benefits, in that total risk in the

    portfolio is less than the sum of the individual risks

    reducing the incentive for P&C insurers to transfer

    these risks to the market.

    Yet, this diversification benefit is precisely whatmakes insurance-linked securities (ILS) potentially

    desirable to investors they are uncorrelated with

    their existing asset holdings. P&C insurers,

    meanwhile, have another incentive to transfer risk,

    as a means of obtaining additional capacity (mainly

    for catastrophic risk). Thus, liability securitization can

    be a tool for capital management for both buyers

    and sellers.

    Market development

    Although the market still lacks a clear, transparentand tradable platform, ILS issuance and trading

    activity has been growing at a rapid pace, albeit

    from a small base. The tradable insurance risk

    market currently has a notional value of only US$ 50

    billion, but has been growing at 40-50% per year

    since 1997. The premium equivalent is now about

    US$ 3 billion, or 1.5%, of global reinsurance

    premiums, which were about US$ 192 billion in

    2007. In more mature risk markets, the tradable

    portion is typically a multiple of the underlying

    notional value. Hence, there appears to be ample

    room for growth.

    6

    1. Executive Summary

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    The development of the ILS market

    has increased the ability of insurers and

    reinsurers to accept peak natural

    catastrophe risks such as US

    hurricanes.

    David J. Blumer, Head of Financial Services

    Swiss Re, Switzerland

    The need for capital, liquidity and transparency hasbecome even more urgent for the P&C industry as it

    faces the challenge of global climate change, which

    is increasing the risks of European windstorm

    damage and American coastal flooding, among

    other hazards. Accordingly, the industry would like to

    move to more flexible and efficient capital structures,

    which would be facilitated by greater development of

    the insurance risk market. Even if the increased

    access to capital were confined to reinsurers, this

    would still indirectly benefit policy-holders by

    increasing their capacity to absorb risk.

    Finally, transparent pricing would also reveal the cost

    of well-intentioned political solutions that increase

    the provision of insurance but fail to adequately fund

    those guarantees, by making it possible to mark

    public sector insurance schemes to market.

    Structural impediments to growth

    While there are reasons to be optimistic about the

    development of the insurance risk transfer market,

    there are also some fundamental dynamics that

    could slow its growth. Some of these factors arerooted in the distinctions between asset and liability

    securitization mentioned earlier.

    A simple comparison to the mortgage market may

    illuminate the point. The originator of a mortgage

    loan (particularly in the American market) can

    completely remove itself from the risk equation by

    executing a true sale of the note to a third party. In

    effect, it can elect to have no further risk exposure to

    the borrower going forward, even if it chooses to

    retain other elements of a customer relationship.

    This separation is feasible because the underlyingcontractual relationship is simple and relatively

    unambiguous. The borrower is not dependent on

    the credit quality of the lender and has no economic

    or legal interest in the identity or financial strength of

    the ultimate mortgage holder. The lender, on the

    other hand, does have an incentive to understand

    the borrowers creditworthiness although the

    incentives for due diligence clearly can be weakened

    by the originators ability to transfer the mortgage

    quickly.

    In an insurance contract, the situation is quite

    different. As the ultimate risk holders, insurers mustmake significant investments in due diligence. To

    manage their exposures, they must be aware of and

    seek to control moral hazard. Policy-holders,

    meanwhile, have a very real interest in knowing the

    identity and understanding the business practices of

    their insurance providers. They want to be sure their

    claims will be met if losses are incurred.

    Obviously, the average policy-holder cannot check

    the creditworthiness and solvency of his/her carrier;

    he/she has to rely on the assessments of regulators

    and the rating agencies. Hence, the policy-holderwill always want approval regarding any assignments

    of the insurance contract, while the primary insurer is

    unlikely to ever be completely removed from the

    value chain. While these interests may inhibit the

    growth of the risk transfer market, they also may

    provide some protection from the exuberance we

    have witnessed in sub-prime lending.

    Key findings

    Over the course of this project, certain themes

    emerged from our workshops and interviews withmarket participants. Sponsors (mostly reinsurers and

    some insurers) identified the following key issues that

    will need to be addressed in order to facilitate the

    development of the insurance risk transfer market:

    Lack of standardization: Insurance risk transfers

    can take a long time to complete, costs can be

    very high and the accounting treatment is

    uncertain. The latter problem often stems from

    the considerable uncertainty about regulatory and

    rating-agency treatment of the transaction. The

    result is a reluctance to engage in the market

    among institutions subject to the most uncertainty.

    7

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    Insufficient cost/benefit analysis: Traditional

    reinsurance is of a limited term, the list of

    potential counterparties is small and the ceding

    insurer ends up with a credit risk from the

    reinsurer. Capital market transfer instruments

    provide longer terms and reduce counterparty

    risk, but increase complexity. The insurance

    industry also lacks a language and a

    methodology to evaluate the benefits of these

    instruments and make quantitative comparisons

    to conventional reinsurance.

    Poor data quality: In many markets, tradeablemarket indices do not exist. In the US, there is

    also a need for more granular data for parametric

    transactions that can potentially be used as

    market indices.1

    Basis Risk: Any market structure in which the

    insurers reimbursement is based on a market

    index or formula creates basis risk, which is the

    difference between the actual claims paid out and

    what is received from the counterparty based on

    the index/formula. (Note that this can result in

    either a gain or a loss for the insurer). For some

    companies, basis risk may reduce the capitaladequacy relief provided by such transactions

    thereby favouring transactions by other

    companies (such as reinsurers) that receive

    regulatory and/or rating-agency treatment that

    more closely matches the actual claims paid out.

    Investors and risk assumers involved in the

    insurance convergence project identified the

    following key issues:

    Limited secondary market: While liquidity

    conditions in insurance risk markets typically

    equal or exceed markets for similar fixed incomeinstruments (such as collateralized debt

    obligations, high-yield corporates and off the run

    ABS), investors still believe that many existing

    products trade by appointment particularly if

    the investor needs to trade in size. This presents

    a challenge for market participants who mark to

    market or who need liquidity on short notice, etc.

    As is the case in the collateralized fixed-income

    markets, these perceptions also impact pricing.

    Valuation requires specific knowledge, models

    and data: A wealth of material and tools exists

    for valuing most other risk categories. However,this store of intellectual capital does not yet exist

    to the same extent for the insurance risk market.

    Uncertainty concerning the probability of

    catastrophic loss: This presents a bit of a

    Catch 22. One of the major reasons the

    insurance industry wants to promote liquid

    transfer markets is the uncertainty regarding risks

    such as climate change and global pandemics.

    However, this very uncertainty makes the capital

    markets price these risks conservatively, limiting

    the benefits of securitization.

    Our recommendations for addressing these and

    other issues are described in more detail in thefollowing sections. Our key point is that these

    impediments will not be simple, fast or easy to

    overcome. In order to maintain the growth of the

    insurance risk market, concerted action will be

    required from market participants over a multi-year

    time horizon.

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    Since its infancy in the early 1990s, the market for

    insurance-linked securities has grown at high

    double-digit rates. This convergence is being driven

    by a number of major trends. First, financial

    innovation is playing a key role by developing new

    instruments for transferring insurance risks. Second,

    insurers need to efficiently manage their capital and

    these new products provide flexibility and access to

    a large pool of capital. This can be advantageous for

    P&C insurers who have a sudden need for extra

    capacity to write insurance following a major

    catastrophe, for example.

    Several trends are driving the

    convergence of insurance and the

    capital markets.

    At other times, the most efficient way to transfer a

    particular risk may be through a non-traditional

    instrument, such as a catastrophe bond (cat bond)

    or swap (cat swap). Even insurers that do notthemselves use these instruments may benefit from

    the increased availability and affordability of

    reinsurance as reinsurers tap into the additional

    capacity made possible by market growth.

    For life and health (L&H) insurers, using ILS to

    access the capital markets is an effective way to

    finance growth and manage excess reserves. Life

    insurers may also desire protection against extreme

    events, such as pandemics. Finally, there is growing

    interest in ILS among investors, because in some

    cases they represent a diversifying asset class withrobust yields.

    Additional growth drivers include:

    Attractive investment performance, despite major

    losses such as Hurricane Katrina, the largest

    insured loss in history

    Enterprise risk management benefits, with ILS

    making it possible for insurers and reinsurers to

    supplement traditional capacity, diversify their

    trading partners and reduce counterparty risk

    Efforts by the rating agencies to improve and

    document their methodologies for rating catbonds, which especially benefits the tranched

    layers of multiple-peril cat bonds

    Other factors are also driving the

    growth of the risk transfer market.

    The increased visibility of catastrophe modelling

    firms in the capital markets, boosting the

    credibility of their models

    Dramatically improved distribution capacity, as

    more investment banks and reinsurers offer ILS

    products to investors

    The availability of senior financing, which is nowobtainable at meaningful levels for ILS

    Increased price transparency with the launch of

    exchanges trading cat risks and brokered cat swaps

    Lower transaction costs made possible by

    document standardization and shelf financing

    2.1 Market development

    ILS issuance and capacity both set

    records in 2007.

    Issuance of insurance-linked securities totalled US$

    14.4 billion in 2007, up 40% from US$ 10.3 billion in

    2006. at the end of 2007, outstanding notional value

    stood at US$ 39 billion, up 50% from US$ 26 billion

    at the end of 2006. By May of 2008, the value of bonds

    outstanding had reached about US$ 40 billion, with

    life bonds accounting for 58% of market value of

    bonds outstanding. The market still has significant

    upside potential. P&C risks transferred to the capital

    markets represented only 12% of global catastrophereinsurance limits in 2007 and under 1% of other

    non-life reinsurance limits. There appears to be no

    shortage of sellers of protection demand for this

    asset class from dedicated cat funds has been

    particularly strong. Issuance is expected to grow to

    US$ 25-50 billion by 2011, while the notional value

    of bonds outstanding could reach US$ 150 billion.

    ILS issuance slowed in 2008.

    Although long-term prospects for the market arerobust, ILS issuance slowed in the first half of 2008

    due to the turmoil in the credit markets, which

    9

    2. The Existing Market for Insurance Risk

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    Our experience with ILS-transactions

    has been positive and these are an

    important part of our capital market

    activities and a key strategic lever.

    Dieter Wemmer, Chief Financial OfficerZurich Financial Services, Switzerland

    particularly affected investment-grade life and non-

    life bonds. Life insurance issuance in particular

    slowed to a standstill, due to the credit crisis as well

    as issues related to embedded value and US

    actuarial guidelines on valuation (commonly known

    as Regulations XXX/AXXX). These instruments are

    similar to asset-backed securities, which have been

    dramatically affected by the current market turmoil,

    increasing the price of life securitizations. However,

    with the exception of the small investment-grade

    sector, non-life issuance has not slowed as spreads

    have generally tightened in line with the softeningreinsurance markets. As expected, tightening

    spreads and softening reinsurance markets have

    dampened sidecar activity.

    The market for insurance-linked

    instruments is developing rapidly.

    Other recent ILS developments include:

    The weather derivatives market has remained

    healthy, with the notional value of trades rising toUS$ 32 billion in the 2007-2008 period from less

    than US$ 10 billion in 2004-2005

    The use of industry loss warranties and cat

    swaps has grown at a strong pace and those

    instruments now have an outstanding notional

    value of about US$ 10 billion

    Investor interest in natural catastrophe risk has

    increased rapidly. Dedicated cat funds attracted

    substantial new capital after it was seen that the

    prices of cat bonds remained stable even as

    corporate bond prices plummeted

    Catastrophe risks are now traded on exchanges Many parties are developing tradable indices, with

    an initial focus on longevity, cat bonds and natural

    catastrophe risk

    2.2 Market instruments

    2.2.1 P&C bonds

    Catastrophe bonds, the primary type of P&C bond,

    originated in the hard market of the early 1990s

    following Hurricane Andrew, when reinsurance

    capacity for catastrophes was limited and expensive.

    The earliest forms provided a simple mechanism to

    transfer catastrophic risks to capital markets. In a

    typical transaction, a fully collateralized special purpose

    vehicle (SPV) enters into a reinsurance contract witha protection buyer, or cedent, and simultaneously

    issues cat bonds to investors. The reinsurance is

    usually an excess-of-loss contract. If no loss event

    occurs, investors receive a return of principal and a

    stream of coupon payments that compensate them

    for the use of their funds and their risk exposure. If,

    however, a pre-defined catastrophic event defined

    by a trigger does occur, investors suffer a loss of

    interest, principal, or both. These funds are transferred

    to the cedent in fulfilment of the reinsurance contract.

    The first catastrophe bonds were issued

    after Hurricane Andrew. There are five

    basic types of loss triggers.

    There are five basic types of trigger, with varying

    degrees of transparency for investors and basis risk

    for the cedent:

    An indemnity trigger is based on the actual losses

    of the sponsor and has negligible basis risk

    An industry index trigger is based on anindustry-wide index of losses, such as the

    estimates published by ISOs Property Claim

    Services (PCS) unit in the United States

    Apure parametric trigger is based on the actual

    reported physical event (i.e., magnitude of

    earthquake or wind speed of hurricane) and has

    the most transparency for the investor, but also a

    great deal of basis risk for the sponsor

    Aparametric index trigger is a more refined

    version of the pure parametric trigger using more

    complicated formulas and more detailed

    measuring locations Amodelled loss trigger determines estimated

    losses by entering actual physical parameters into

    an escrow model, which then calculates the loss

    10

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    US$ billion

    0

    4

    8

    12

    16

    20

    24

    28

    32

    98 99 00 01 02 03 04 05 06 07

    New issues Outstanding from previous years

    Multi-peril 39%

    31%

    19%

    3% 2% 5% 1%

    21%

    12%

    6%

    Wind

    Earthquake

    Liability

    Credit

    Auto

    Other

    Most P&C bonds transfer

    catastrophic risks.

    The overwhelming majority of P&C securitizations

    are for catastrophic risks, such as windstorms

    (hurricanes, typhoons) and earthquakes. These

    serve as collateralized protection for extreme eventrisk, which eliminates counterparty risk, at a multi-

    year fixed price. Additionally, however, bonds have

    also been issued that transfer liability, credit, motor

    and reinsurance recoverable risks.

    The largest proportion of bonds outstanding are for

    multiple perils. In 2007, almost half of total issuance

    covered multiple perils. Also, cover has now been

    extended to new perils beyond the peak Florida

    wind risk that was typical in the market following

    hurricanes Katrina, Rita and Wilma. One bond, forexample, now covers European earthquake risk in

    Turkey, Greece, Israel, Cyprus and Portugal, while

    another covers Japanese typhoon risk. Also, the

    average lifespan of the bonds has lengthened, from

    two years in 2006 to three-and-a-half years in 2007.

    Some now have a lifespan of six years.

    The cat bond market continued to

    grow in 2007, even in a softening

    insurance market.

    The process of issuing cat bonds is increasingly

    standardized, lowering the cost of issuance and

    attracting new sponsors. The issuance of

    standardized programme or shelf-offering

    transactions accelerated in 2007, with shelf offerings

    accounting for 72% of total non-life issuance. At the

    same time, the size of the average bond increased

    11

    Transparency

    forInvestor

    Basis Risk to Issuer

    Parametric

    Index

    Modelled

    Loss

    Indemnity

    Industry

    Index

    Pure

    Parametric

    Figure 2: Total P&C securitizations over time and split by peril

    Source: Swiss Re Capital Markets

    Figure 1: The different types of insuranceconvergence products

    Source: Swiss Re Capital Markets

    Multiple peril bonds now constitute the

    largest proportion of outstanding cat

    bonds. Average issue size has grown as

    new sponsors have been attracted to

    the market and standardization has

    lowered the cost of issuance.

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    from US$ 141 million in 2006 to US$ 271 million in

    2007. Of the bonds issued in 2007, State Farms

    Merna Re had a record value of US$ 1.2 billion,

    while the Emerson Re and Longpoint Re bonds

    were for US$ 500 million each.

    Sponsors and indemnity-based bonds

    increased last year.

    There was also a further widening of the pool ofsponsors, which included large primary companies

    such as State Farm and Chubb, and corporations,

    such as East Japan Railway for the Midori bonds. In

    another sign of a maturing market, the use of

    indemnity triggers increased in 2007, as primary

    insurers sought to minimize basis risk and investors

    grew more comfortable with such triggers.

    In 2005 and 2006, growth was supported by

    catastrophe activity in 2004 (hurricanes Charley,

    Ivan, Frances and Jeanne) and 2005 (hurricanes

    Katrina, Rita and Wilma). However, underlining themarkets growing maturity, cat bond issuance

    continued to grow robustly in 2007, even with

    softening insurance market conditions and despite

    the credit crisis.

    2.2.2 Life bonds

    Life bonds can be used to monetize intangible

    assets, fund US regulatory capital requirements

    under Regulations XXX/AXXX, and transfer risks,

    such as extreme mortality events, to the bond

    market. These bonds, and the regulatory

    requirements for them, differ from existing P&C

    bonds in a very crucial respect: they are typically

    used as a financing tool. That is, asset-backed life

    bonds are secured by the flow of future profits from

    life insurance policies. Risk is not fully transferred ina legal sense, since the life insurance company will

    always retain the obligation of its policies. However,

    the burden of risks, such as mortality and lapse risk,

    are assumed by the investors. For these bonds,

    investors and protection buyers share the benefits

    and losses in the development of the underlying

    policies that have been securitized. Extreme

    mortality bonds are similar to P&C cat bonds in that

    they, too, are fully collateralized and have a specified

    trigger.

    Life bonds are typically a financing tool.

    12

    Figure 3: Life bonds issued and outstanding in US$ billion

    US$ billion

    0

    4

    8

    12

    16

    98 99 00 01 02 03 04 05 06 07

    New issues Outstanding from prev. years

    39%

    42%

    7%

    3%

    9%

    XXX

    AXXX

    Embedded Value

    Extreme Morality

    Other

    Source: Swiss Re Capital Markets

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    The flow of XXX/AXXX securitizations

    weakened in 2007 after the credit

    crunch hit the financial markets.

    Funding of Regulation XXX/AXXX redundant reserves

    in the United States has been the primary focus of

    life securitizations in the past few years. These

    redundant reserves are for fixed-length term life

    (XXX) and universal life (AXXX) policies. In the second

    half of 2007, pressure on the asset-backedsecurities market and on the monoline insurers

    slowed issuance, but this is expected to be a

    temporary factor. In 2007, XXX transactions were

    executed publicly by Genworth (US$ 790 million)

    and Aegon (US$ 550 million). Protective Life

    completed a US$ 250 million AXXX securitization to

    fund universal life reserves. These figures understate

    the true transfer of risk as substantial private

    transaction activity coexists with the public market.

    Securitizations that monetize the embedded value

    (EV) of a defined block of business accelerated in2007. The Bank of Ireland closed a US$ 573 million

    EV transaction for its life insurance subsidiary, New

    Ireland Assurance. UnumProvident issued a 30-year

    bond (US$ 800 million) to monetize the value of its

    closed block of individual income protection

    insurance. In December, MetLife issued a 35-year

    bond (US$ 2.5 billion) to provide statutory reserve

    support for a large closed block of liabilities.

    Securitizations of this type hold strong growth

    prospects since they provide an effective tool for life

    companies to improve capital efficiency and

    profitability.

    The issuance of mortality cat bonds

    was unaffected by credit market woes.

    The market for mortality risk transfer through

    securitization continues to expand, as these bonds

    were unaffected by the credit markets woes. So far,

    mortality cat bonds have been issued by Swiss Re,

    Scottish Re, AXA and Munich Re. Swiss Re issued a

    fourth mortality cat bond (US$ 521 million) in early2007. In February 2008, Munich Re issued its first

    five-year mortality cat bond (US$ 100 million) to

    protect against an exceptional rise in mortality in the

    US, Canada, England and Wales, and Germany.

    2.2.3 Weather derivatives

    Weather derivatives are primarily used by utility

    companies to hedge against extreme heat and cold.

    They are typically triggered by heating degree days

    (HDD) or cooling degree days (CDD) and serve to

    reduce the volatility of earnings by offsetting losses

    from higher variable costs at fixed prices when demandsurges during extreme weather. HDD, for example,

    is the number of average degrees of temperature for

    a day below a reference value (usually 65F or 18C,

    which have been shown to require no heating inside

    buildings). Frequently, the derivative contracts are for

    cumulative HDDs over a season, depending on local

    weather patterns. Though HDDs are one of the most

    common types of weather derivative, derivatives

    have also been constructed with rainfall and other

    weather-related triggers.

    The weather derivatives market is

    likely to grow by 30% per year for the

    next several years.

    Demand for weather derivatives remains healthy,

    with the notional value of trades tripling in three

    years, to US$ 32 billion in 2007-2008 from US$ 9.7

    billion in 2004-2005 (the intervening 2005-2006

    period was marked by some anomalous conditions,

    13

    0

    5

    10

    15

    20

    25

    30

    35

    40

    45

    50

    00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08

    Figure 4: Weather derivative contracts(in US$ billion)

    Source: Weather Risk Management Association

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    including the rapid entry and exit of several hedge

    funds as well as increased trading after the

    Katrina/Rita/Wilma hurricanes). Growth of about

    30% per year is expected for the next several years.

    Counterparties for weather derivatives

    are mostly utilities, construction

    companies and farmers.

    North America remains the main driver of the

    weather derivatives market, although Europe is

    increasingly significant. Counterparties are:

    1) Mostly utilities hedging against a warm winter

    2) Agribusinesses buying yield and revenue

    protection influenced by temperature and

    precipitation

    3) Construction companies hedging against

    precipitation or cold that can disrupt construction

    schedules

    4) Retailers hedging against the impact on buying

    habits of temperature and precipitation

    2.2.4 Industry loss warranties

    ILWs, cat bonds and cat swaps are all

    triggered by specified indexes.

    Industry loss warranties (ILW) provide protection

    against natural catastrophes. In their reinsurance

    form, they are based on two triggers an agreed

    upon industry-loss trigger and an indemnity-losstrigger based on the buyers actual losses. In the

    United States, the industry loss data used is

    frequently taken from the PCS, which provides

    timely estimates of insured losses after a

    catastrophic event. In other countries, Swiss Res

    sigma data, Munich Res catastrophic loss data or

    other loss estimates are used. Single ILWs may

    provide anywhere from US$ 1 million to US$ 250

    million of cover. By contrast, cat bonds typically

    need to provide at least US$ 100 million of cover to

    be economical.

    2.2.5 Cat swaps

    Cat swaps are over-the-counter, customized

    derivative contracts similar to ILWs, in that they

    require less documentation and are often set at

    lower levels of payouts than bonds. Cat swaps are

    very flexible and have been issued for protection

    against US windstorms, US earthquakes, Japanese

    earthquakes, Japanese typhoons, Turkish

    earthquakes, aviation losses, terrorist attacks,

    mortality, longevity and multi-perils.

    It is difficult to establish the exact size of the ILW

    and cat swaps markets since these are private

    transactions. However, together the two instruments

    are estimated to have about US$ 10 billion in

    outstanding notional volume.

    2.2.6 Exchange traded cat risks

    Exchanges have been established to

    trade insurance-linked derivatives.

    Recently, exchanges have been re-established to

    trade insurance-linked, index-based risks. Such risks

    were traded on exchanges in the 1990s, but these

    listings were discontinued due to a lack of interest.

    The New York Mercantile Exchange has partnered

    with Gallagher Re to create an exchange based on

    an index of aggregate insurance industry losses

    reported by the PCS excluding earthquake and

    terrorism losses. The Chicago Mercantile Exchange

    and Carvill & Company have set up an exchange to

    trade derivatives based on an index of wind speedand hurricane force radius at landfall.

    The Insurance Futures Exchange Services Ltd (IFEX)

    has initiated trading in catastrophe event-linked

    futures on the Chicago Climate Futures Exchange.

    IFEX derivatives are based on an index of PCS

    losses a named hurricane must breach the trigger.

    Each of these exchanges lists derivatives for various

    geographic regions (all US, Florida, North Atlantic

    coast, etc.) However, all three trading venues are

    relatively new and it is not yet clear if they will

    succeed.

    14

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    2.3 Market participants

    Investor interest in insurance-linked

    securities continues to grow.

    Fixed-income investors are increasingly interested in

    ILS and related risk-taking instruments, for several

    reasons:

    These instruments often provide exposure tospecific insurance risks, such as the risk of an

    earthquake in a specific area, resulting in a pure

    play investment

    Their funds are held in trust, so investors face no

    counterparty risk with the bonds sponsor, the

    insurer or reinsurer

    ILS investments often offer low correlation with

    equity and credit markets, making them a

    diversifying asset class

    Most investors tend to focus narrowly with relatively

    little overlap, for example, between investors incatastrophe bonds and investors in embedded-value

    life bonds. The comments below focus on investors

    in catastrophe bonds and related instruments.

    Dedicated cat funds are now the largest

    investors in cat bonds.

    Dedicated cat funds are now the largest buyers for

    cat bonds, making up 44% of the investor base. Last

    year, they continued to invest in higher yielding non-

    investment grade bonds and often set the pace for

    market trends such as the growing acceptance of

    indemnity triggers. Dedicated cat funds continue to

    attract funds at a rapid rate. Interest among otherinvestors, such as hedge funds and traditional pension

    plans and mutual funds, is also rising. Investors are

    attracted by the uncorrelated nature of cat bonds

    and thus their portfolio diversification value, as well

    as the increased liquidity of the secondary market.

    Spreads on cat bonds continued to

    narrow in the second half of 2007, even

    as investors in other types of bonds

    saw spreads widen.

    Since 2002, spreads on cat bonds have narrowed

    from about 400-800 basis points to 200-400 basis

    points over LIBOR. Spreads on US wind-peril

    instruments spiked after Katrina, but are now back

    down following two consecutive benign hurricane

    15

    Creating loss indexes in Europe

    Although Europe does not have

    a recognized loss index, help is

    on the way.

    A recent European initiative aims to develop

    indexes capable of measuring the scale of

    natural catastrophes in Europe. The initiative was

    launched through the Chief Risk Officer Forum

    and is supported by numerous major insurers and

    reinsurers. The goal is to develop a data service

    capable of promptly providing estimates of insured

    European natural catastrophe losses. This

    information could be used to develop industry

    loss indexes for insurance-related instrumentssuch as ILWs, cat bonds and cat swaps.

    Dedicated Fund

    44%

    Money manager

    22%

    Bank13%

    Hedge fund

    14%

    Reinsurer

    4%

    Insurer3%

    Figure 5: Investors in cat bonds by typeAs of 31 Dec. 2007

    Source: Swiss Re Capital Markets

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    seasons. This downward trend in spreads was

    strongly reinforced in the second half of 2007,

    despite the credit crunch. While yields on corporate

    bonds widened in the second half of the year, cat

    bond spreads, on average, continued to tighten.

    By contrast, the credit crunch and the accompanying

    uncertainty surrounding the major monoline insurers

    have had a dramatic impact on the market for life

    insurance bonds. These instruments became

    dramatically less liquid and new issuance slowed to

    a halt as transactions were reworked.

    Since traditional insurance and

    reinsurance leave gaps in customers

    cover needs, we support efforts to

    explore and develop innovative solutions,

    such as an effective transfer of insurance

    risk to the capital markets.

    Jim Rutrough, Vice-Chairman and Chief Administrative

    Officer, State Farm Insurance Group, USA

    16

    Sidecars

    Sidecars provide capital when

    prices are high.

    Sidecar capacity shrank in 2007.

    Sidecars are special purpose vehicles that are

    temporary collateralized capital pools funded by athird party, such as a hedge fund. The pool is

    structured as a retrocession vehicle for a top

    flight reinsurer, which assumes a specific type of

    business on its highly rated paper, and then cedes

    it via a quota share or some other reinsurance

    agreement to the sidecar. Typically, sidecars are

    multi-year and created during hard insurance

    markets, when prices are high for catastrophic

    risks.

    Because the P&C industry is now well capitalized

    and returns are falling, sidecar capacity shrank in

    2007. Last year, only nine new sidecars with US$

    1.9 billion in capital (mostly debt) were establishedor renewed, while about US$ 4 billion in sidecar

    capacity was retired. The remaining capacity is

    roughly US$ 4 billion. Sidecars may regain their

    popularity after future large catastrophic events.

    0.0

    0.5

    1.0

    1.5

    2.0

    2.5

    3.0

    3.54.0

    4.5

    2001 2002 2003 2004 2005 2006 2007

    Value(US$billion)

    Capital Debt

    Gap in issuance illustrating

    opportunistic sidecar use by

    insurers after major

    hurricanes (KRW)

    Figure 6: New sidecar capacity from 2001 to 2007

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    Though growing rapidly, the insurance risk transfer

    market is still small in absolute size and slow in its

    development compared to some of the credit-linked

    ABS markets.2This section will describe factors that

    are impeding growth. Our findings are derived from

    interviews with investors, insurers, reinsurers, rating

    agencies, investment banks, modelling agencies and

    other stakeholders, as well as a review of the

    existing research literature. Except where noted,

    most of our analyses focus on catastrophe bonds,

    which represent the bulk of the P&C instruments

    currently outstanding.

    For sponsors, the transfer of insurance risk to the

    capital markets is an alternative or a complement to

    traditional reinsurance or retrocession. Accordingly,

    they will compare the costs and benefits of

    securitization to traditional reinsurance in terms of

    both the scope of the protection provided and the

    price. Relevant criteria are that an instrument

    provides tailored cover with minimal basis risk, low

    counterparty risk and favourable treatment with

    respect to regulatory capital and credit ratings. For

    sponsors, the key impediments to market growthare the potential for basis risk in transactions with

    parametric triggers (as well as the accounting,

    regulatory and rating consequences resulting from

    basis risk) and the pricing of capital market

    transactions compared to traditional reinsurance.

    Investors, on the other hand, tend to value liquid

    markets, objective and transparent triggers,

    standardized documentation and short settlement

    periods. Key impediments for investors include the

    complexity of the underlying risks and the models

    used to evaluate them, the lack of standardization in

    the ILS market and the limited secondary market

    this heterogeneity produces.

    3.1 Impediments for sponsors

    3.1.1 Basis risk

    Traditional reinsurance, whether proportional or

    excess of loss, provides indemnity-based protection

    without or with only limited basis risk.3 However,

    some capital market instruments, if not indemnity-

    based, expose the primary insurer or reinsurer

    seeking protection to varying levels of basis risk.

    Traditional reinsurance or retrocession can be

    divided in two types, proportional and non-

    proportional. In proportional reinsurance, includingboth quota-share reinsurance and surplus

    reinsurance4, insurer and reinsurer share premiums

    and losses proportionally. In non-proportional or

    excess-of-loss reinsurance, the reinsurance premium

    is not expressed as a specified share of the primary

    insurance losses and premiums but rather in

    absolute terms. The reinsurer assumes all losses of

    the primary insurer in a class of business that

    exceed a certain amount and up to a specified limit.

    However, all these types of reinsurance are

    indemnity-based, meaning the recovery from thereinsurer is based directly on the specified losses

    incurred by the primary insurer. Note, however, that

    a limited amount of basis risk for the ceding

    company may result from exclusions and other

    contractual terms such as the exclusion of post-

    event assessments that limit the extent to which

    the reinsurer follows the fortunes of the ceding

    company.

    In capital market transactions, indemnity-based cat

    bonds are structured similarly to excess-of-loss

    reinsurance. Within the limits, the sponsor alsoreceives full protection, since the risk assumed by

    17

    3. Impediments to Growth

    Two key differences between theABS and the ILS markets

    It is worth noting following two key differences

    between the ABS and the ILS markets: With ILS,

    the insurer retains a considerable amount of

    insurance risk. To date, ILS mostly have been used

    to protect insurers against peak risks. Accordingly,

    there is much less of a moral hazard problem,

    compared to the securitization of an entire credit

    portfolio. Secondly, there is no duration

    mismatch in cat bond or sidecar structures.

    Thus, the difficulties caused by the illiquidity of

    the market for short-term notes issued by

    structured investment vehicles in the ABSmarket will not be repeated in the ILS market.

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    the investors relates to the specific loss exposure of

    the sponsors underlying portfolio. However, in any

    other transaction where the trigger is based on an

    index or is parametric, the insurer retains a basis risk

    (which may be positive or negative) arising from the

    imperfect match between the losses resulting from

    the portfolio for which protection is sought and the

    compensatory payment under the risk transfer

    instrument, which are not fully correlated.

    Basis risk will vary according to the granularity of the

    trigger used i.e. whether an index provides ageographic breakdown that allows sponsors to

    refine the trigger to geographic areas where their

    exposures are significant as well as the deviation

    of the specific portfolio from the industry-wide

    exposure or losses.

    The assessment of basis risk depends on the quality

    of the risk model used to estimate the impact of

    certain catastrophic events on the specific portfolio

    for which protection is sought, the quality of the data

    available with respect to such portfolio, and on the

    specific peril. For example, there are only a fewrecalibrating events for high severity perils such as

    earthquakes, which adds uncertainty to the models.

    For the sponsor, basis risk presents an impediment

    because the protection obtained from the risk

    transfer instrument is imperfect. This must be

    reflected in internal risk management.

    In addition, under the applicable accounting rules, as

    well as most regulatory regimes and rating-agency

    rules, basis risk may have negative impacts. This

    point is discussed in more detail in the next

    subsection.

    On the other hand, in indemnity-based transactions

    investors expect to receive a premium for moral

    hazard and adverse selection, the size of which is a

    function of the type of business covered and the

    associated modelling credibility, as well as the

    market's confidence in the sponsor's underwriting,risk management, loss and claims adjustment

    processes, among other factors.5 Furthermore,

    investors will want to undertake more extensive due

    diligence of the sponsor and the securitized

    portfolio, increasing the cost and time spent to the

    sponsor.

    Catastrophe bond issuances in 2007 showed an

    increasing volume of indemnity-based transactions.

    This trend may reflect the surge in investors seeking

    opportunities in the cat bond market, leading to

    more favourable terms for sponsors. However, manyinvestors still express concerns over the modelling

    integrity in indemnity-based deals, in particular with

    respect to complex commercial exposures, reinsurer

    portfolios (where portfolio information is less

    granular) and portfolios outside the US6, where data

    quality is generally lower.

    18

    Figure 7: Instruments with and without basis risks

    Non Life

    Life

    Instruments with basis riskInstruments without or with

    limited basis risk

    Sidecars

    Cat bonds with indemnity

    based trigger

    Embedded value securitization

    XXX and AXXX bonds

    Cat bonds with modeled loss,

    industry loss or parametric triggers

    Cat swaps

    ILW

    Extreme mortality bonds

    Longevity ILS

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    Further standardization of risk transfer

    instruments requires that sponsors

    become comfortable with retaining

    basis risk from a risk management,

    accounting and regulatory perspective.

    The standardization of risk transfer instruments can

    be driven much further if these instruments are not

    structured for an individual portfolio but insteadrelate to an objective index or parametric trigger.

    Thus, further standardization by means of

    standardized parametric or industry-loss triggers

    requires that insurers become comfortable with

    retaining basis risk, or have the means to cede basis

    risk to a third party for a price that will still make the

    overall transaction competitive with traditional

    reinsurance. In either case, it will be necessary to

    develop robust methodologies ones that are

    understood and accepted by the rating agencies

    and the regulators7 in order to evaluate basis risk

    and determine the levels of regulatory and ratingcapital necessary to support it.

    3.1.2 Accounting and regulatory treatment

    Accounting

    The accounting treatment of alternative risk transfer

    instruments under International Financial Reporting

    Standards (IFRS) and US Generally Accepted

    Accounting Principles (US GAAP) depends on

    whether such instruments are classified as

    reinsurance contracts, and thus accounted for in thetechnical provisions and the insurance result, or

    whether they are classified as financial derivatives,

    and thus have no impact on the insurance result.

    Under IFRS (IFRS 4), reinsurance accounting applies

    only to risk mitigation instruments that have an

    indemnity-based trigger. Under US GAAP, industry

    loss warranties documented as reinsurance

    contracts are treated as reinsurance since they have

    a dual trigger one relating to industry losses, such

    as those reported by the PCS; the other being an

    indemnity trigger, which relates to actual lossesincurred by the protection buyer.

    If the risk transfer instrument is classified as a

    financial derivative, it will, under both IFRS and US

    GAAP, be measured at fair value and marked to

    market, with impact on profit and loss accounts.

    This can create considerable volatility in the insurers

    income statement compared to a traditional

    reinsurance claim, which, subject to contract

    exclusions, is measured consistent with the

    treatment of underlying direct insurance liability.

    However, this difference in accounting treatment

    may be alleviated in the future with the move to fair

    value measurement of insurance liabilities under bothIFRS and US GAAP. This would increase the volatility

    of insurance liabilities and, correspondingly, of

    reinsurance assets as well.

    Solvency capital

    In addition to creating volatility in the insurers

    income statement, treatment as a financial derivative

    has the consequence at least in many jurisdictions

    that the risk transfer instrument will be disregarded

    with respect to solvency capital as long as no gain is

    realized.

    Insurance undertakings and (in the European Union

    since the Reinsurance Directive8) reinsurance

    undertakings must maintain a minimum level of

    solvency capital as a risk buffer. This supplementary

    reserve over and above the technical reserves

    serves as protection against adverse business

    fluctuations and is an element of prudential

    supervision.

    In banking, the Basel I and Basel II accords have

    allowed credit institutions to release regulatorycapital through the securitization of their credit

    portfolios. This opportunity has had a considerable

    impact on the development of credit securitization.

    On the other hand, the insurance solvency regimes

    in most jurisdictions do not yet award such

    favourable treatment to the transfer of insurance

    risks to the capital markets.

    In the European Union, under the current Solvency I9

    regime, capital adequacy and the determination of

    the required solvency capital is based on the

    liabilities side of the balance sheet and on insurancerisk only. For non-life insurance undertakings, the

    19

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    required solvency margin is defined as the higher of

    the premium index or the claims index. Under both

    indexes, reinsurance reduces the required solvency

    margin, but not by more than 50%, as shown in the

    following (simplified) formulas:

    For life insurance, the required solvency margin is

    calculated as a function of the actuarial provisions or

    the capital at risk, and is lowered within certain

    limits to the extent that business is ceded by way

    of reinsurance.

    Solvency capital release varies by

    jurisdiction and inter-alia depends on

    reinsurance accounting.

    Whether an alternative risk transfer instrument

    reduces the required solvency margin depends upon

    whether it is considered in the retention rate and,

    therefore, under the Solvency I regime as currently

    implemented in most EU member states, upon

    whether the instrument qualifies as reinsurance.Treatment as reinsurance under the applicable

    accounting rules is a necessary, though not sufficient,

    prerequisite for regulatory treatment as reinsurance.

    The reduction of the required solvency margin may

    further depend on the jurisdiction of the special

    purpose reinsurance vehicle used to transfer the risk

    to the capital market, and whether the sponsor's

    regulator accepts this jurisdiction as having sufficient

    reinsurance supervision. While currently it is often

    beneficial from a tax or capitalization perspective to

    locate special purpose vehicles in Bermuda or theCayman Islands, jurisdictions outside the European

    Union will not always be seen as providing adequate

    reinsurance supervision. For the sponsor, this could

    have a negative impact on the regulatory treatment of

    the instrument. Using a transforming reinsurer may

    solve this problem but may create additional costs.

    This dependence of the regulatory treatment on the

    accounting treatment is similarly found in the United

    States: US insurers and reinsurers are required to

    report their financial results consistent with Statutory

    Accounting Principles (SAP), an insurance

    accounting system that is more conservative thanUS GAAP. Under US GAAP (FAS 113, sections 9a

    and b), the criteria for a risk transfer instrument to

    qualify for reinsurance treatment include the

    significance of the risk transferred and a certain

    probability of significant loss. A significant transfer

    of risk is only achieved if there is no positive basis

    risk for the insurer.

    Similar rules apply under SAP. Therefore, in many

    transactions with parametric or industry-loss triggers,

    sponsors will use a double-trigger reinsurance

    contract similar to an ILW, thus capping the payoutto the sponsor at the sponsors actual losses. This

    can also delay the payout until actual losses are

    assessed. The interest paid for this extension period

    can be an unintended benefit for investors.

    In order to achieve solvency capital release from

    alternative risk transfer mechanisms, sponsors must

    ensure these instruments receive accounting

    treatment as reinsurance. However, for the ceding

    companies this may add complexity to transactions

    in which solvency capital relief is an important

    objective. The solution should be to look at theseinstruments from an economic viewpoint and place

    the economic substance over the form of the

    relevant risk transfer instrument.

    In the European Union, progress in this direction has

    been made under the Solvency II regime, as rules

    detailing the Solvency II Directive Proposal11 are

    being developed. Solvency II will be a principles-based

    regime designed to take into account all types of risk

    to which the insurer is exposed and to reflect

    developments in the capital markets in a timelier and

    more flexible way. New capital adequacy standardsare expected to come into force from 2012.

    20

    Premium Index = (18% x the first 50m gross

    premiums + 16% x the remaining gross

    premiums) x the retention rate

    Claims Index = (26% x the first 35m gross

    claims and 23% x the remaining gross claims)x the retention rate

    Retention rate = net claims three-year

    average of gross claims (but not less

    than 50%)10

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    Solvency II is expected to take a more

    economic view on the recognition of

    risk mitigation tools.

    Solvency II envisages two levels of capital

    requirement: the Minimum Capital Requirement

    (MCR), which is the level of capital below which an

    insurance operation presents an unacceptable risk

    to policy-holders, and which will be measured with

    simple, robust and objective methods, and theSolvency Capital Requirement (SCR), which is the

    level of capital necessary to absorb significant

    unforeseen losses and provide reasonable

    assurance to policy-holders (to a confidence level of

    99.5%) that all obligations will be met over a

    specified time horizon.

    Solvency II will provide for a total balance sheet

    approach, taking into account both assets and

    liabilities, to calculate the solvency capital required. It

    will require insurers to hold capital against market

    risk, credit risk and operational risk, all of which arecurrently not considered in the required solvency

    margin. Similar to banks under Basel II, insurers will

    have the option of calculating these amounts using

    internal risk models rather than the standard model.

    Quantitative impact studies released by the

    Committee of European Insurance and Occupational

    Pensions Supervisors (CEIOPS) set forth certain

    principles in relation to the recognition of financial

    risk mitigation tools. These principles rely on the

    economic impact, enforceability and stability of the

    instrument as well as the credit quality of the

    counterparty.12

    In the United States, no such development towards

    a more economic view of financial risk mitigation

    tools is currently observed, as such a development

    would,inter alia, be largely dependent on a review of

    the statutory reserving rules. However, the issuance

    of certain types of life insurance instruments (such

    as XXX and AXXX bonds) is motivated by existingUS reserving rules. These instruments can be

    expected to lose their benefit if US insurance

    regulations take a more economic view on reserving

    and risk transfer.

    In any case, the implementation of progressive

    principles on the recognition of non-indemnity-based

    risk transfer instruments will require a sound and

    generally accepted method for the assessment of

    basis risk, which should be based on a portfolio

    rather than a transaction view.

    No automatic recognition as eligible assets

    Insurance undertakings must cover their technical

    reserves with matching assets that are subject to

    certain investment restrictions (eligible assets). These

    restrictions are designed to maintain the safety, yield

    and marketability of the investments as well as an

    adequate level of mixture and diversification, while

    21

    Figure 8: Basis risk, accounting and regulation

    Instrumentswith basis risk

    Accountingtreatment

    P&L volatility since qualifiedas financial derivative

    No reduction of required solvency margin(in most jurisdictions)

    Ratingtreatment

    Regulatorytreatment

    Uncertainty and inconsistency w/r to creditforsponsors financial strength rating

    Economic view with respect to solvency (see Solvency II) and rating

    Development of robust and recognized methods to evaluate basis risk

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    ensuring the insurance undertaking's liquidity at all

    times. EU member states can allow these technical

    provisions to be covered by claims against

    reinsurers, subject to certain limits.13 Claims against

    reinsurers would thus automatically qualify as eligible

    assets. However, this is not the case for all

    alternative risk transfer instruments. Qualification

    does not occur per se, but rather may depend on

    the general rules for mixture and diversification of

    investments, the jurisdiction of the special purpose

    reinsurance vehicle, or the funding of the structure.

    Complexity of transaction structures

    Uncertainties about the accounting and

    tax treatment drives complexity and

    thereby cost of transactions.

    While it has been possible in past years to establish

    fairly standardized transaction structures for

    catastrophe bonds, no such structures yet exist forembedded-value securitizations in the life insurance

    sector. The efficiency of transaction structures is

    highly dependent on accounting and tax rules,

    requiring in-depth analysis of the applicable rules

    (e.g. consolidation rules) involving external parties

    such as accounting firms, regulators and rating

    agencies. Different treatment under local accounting

    rules and IFRS often adds complexity.

    In this respect, certainty about the accounting

    treatment and the development of tested structures

    would facilitate the securitization of insurance risk.Although the clarification in 2002 of US FIN 46,

    which interprets FAS 94 and RAB 51, led to an

    increase in issuance volumes, the rules still require a

    time-intensive assessment of the accounting

    treatment for each unique transaction and lead to

    complex transaction structures. Unfortunately, these

    accounting rules remain in flux, further frustrating

    standardization efforts.

    3.1.3 Inconsistent ratings treatment

    With respect to the financial strength rating of the

    sponsor particularly its capital adequacy ratio the

    rating agencies do not always give full credit for risk

    securitizations, but rather apply "haircuts" for basis

    risk. As with the regulatory treatment, the

    development of sound methods to evaluate basis

    risk and allocate capital to it would be necessary for

    consistent recognition of alternative risk transfer

    instruments with basis risk.

    Some rating agencies have applied a cap on the

    rating of the ILS themselves because of the

    uncertainty of the catastrophe modelling. The rating

    of the instrument may be capped at a certain level

    (e.g. AA) even though expected loss or probability of

    loss would otherwise allow for a higher rating. This

    practice may increase prices in the more remote

    layers. It can be expected that improvements in the

    models, and in the understanding and acceptance

    of them, should allow the rating agencies to

    abandon such practices.

    The development of fully standardized

    methodologies for quantifying and rating insurance

    risk transactions would help avoid inconsistencies in

    the assessment of the risk transfer that, as of today,

    are observed in the sponsor's financial strength

    rating on one side and rating of the instrument on

    the other. As always, the transparency of the applied

    methodology is key, though investors should also

    expect rating agencies to exercise judgement in

    applying their criteria.

    3.1.4 Pricing of traditional reinsurance

    In an ideal world, insurers would cede risk to a

    seamless risk market, comprising both traditional

    reinsurance and alternative instruments. Risk would

    be placed based on price and best use, regardless

    of form. However, in practice the market has not yet

    reached such a degree of efficiency.

    Currently, spreads in the traditional reinsurance

    market, which are lower than risk spreads for cat

    bonds, constitute an impediment to the

    securitization of catastrophe risk, due to abundantcapacity and further softening in the reinsurance

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    23

    pricing cycle following two years of mild natural

    catastrophe losses. However, it is difficult to

    compare pricing for traditional reinsurance to pricing

    for cat bonds or other alternative risk transfer

    instruments because of the following differences:

    Reinsurance cover is usually bought for one-year

    periods while cat bonds typically provide multi-

    year cover

    Cat bonds and some cat swaps are collateralized

    and have less counterparty credit risk than

    reinsurance, which is generally uncollateralized

    Non-indemnity catastrophe bonds may allow forquicker recovery, producing a significant time

    value of money advantage over most reinsurance

    contracts

    Cat bonds usually do not include a reinstatement14,

    unlike most reinsurance contracts

    Sponsors will want to apply a discount for

    transfer instruments with basis risk since they

    provide incomplete protection compared to

    traditional reinsurance

    As there are different pricing methods and also

    different dynamics in reinsurance and the capitalmarkets, the relevance of these pricing impediments

    can vary over time. In traditional reinsurance, a

    technical price can be determined based on the

    expected loss and the expected volatility of the

    contracts result. However, the commercial price is

    driven by industry capacity, by the occurrence of

    large loss events, and by investment returns15. This

    has resulted in reinsurance pricing cycles.

    Hard markets occur after major loss events such as

    natural catastrophes or terrorist attacks; soft

    markets occur if reinsurance capacity increases dueto competition. During hard markets, alternative risk

    transfer instruments emerge as compelling options

    and are clearly a complement to traditional

    reinsurance.

    Pricing for capital market transfer instruments is

    primarily derived from the market and dictated by

    the laws of supply and demand. With respect to

    catastrophe instruments, the main driver is the

    expected loss as modelled by one of the

    independent modelling firms. Modelling results are

    key for ratings. Ratings, in turn, allow marketparticipants to compare prices for instruments with

    similar characteristics, but this is of only secondary

    importance for catastrophe instruments. Pricing of

    the instruments further takes into account the

    current pricing of catastrophe securities traded in

    the secondary market, with the yield on outstanding

    instruments capturing the secondary market's

    current return requirements.

    Pricing on the secondary market reflects probability

    of loss at any point in time prices to sponsors for

    US hurricane instruments, for example, will increase

    at the beginning of the hurricane season. With

    respect to rating, it has been the case historicallythat most cat bonds have traded at a relative spread

    to similarly rated corporate securities of between

    100 and 200 basis points16, due in part to their

    binary nature, novelty premium, low liquidity and

    perceived mechanical complexity. However, more

    recently spreads have tightened, both as a result of

    the higher spreads of corporate bonds during the

    recent financial turmoil, but also because of a

    reduction in the risk spreads for cat bonds. The low

    correlation of insurance-linked instruments with

    credit-related investments is shown by the stability of

    prices amid the recent market turbulence. Anincreased and more liquid market, driven by further

    standardization and an increasing investor base, can

    be expected to bring spreads down further.

    3.1.5 Time and cost

    Sponsors are concerned about the time spent and

    the costs paid for executing securitization transactions.

    This is particularly true for first-time issuances, where

    senior management involvement is usually higher than

    in repeated issuances. These transactional costs

    may constitute an impediment to market growth.

    Compared to traditional reinsurance, securitization

    poses a number of additional costs for sponsors,

    including rating agency services, legal advice, risk

    modelling and risk analysis, as well as an arranger

    fee (although traditional reinsurance often involves a

    brokerage fee). Time must be spent modelling the

    risk to be transferred, preparing offering

    documentation and assessing the transaction with

    auditors, tax authorities, regulators and rating

    agencies. In general, indemnity-based transactions

    require more detailed disclosure by the sponsor and,accordingly, are likely to require more time and

    expense.

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    On the other hand, it has been shown that more

    repeated issuance and the use of shelf programmes

    can bring down transaction costs. Furthermore, as

    deal sizes get larger, fixed costs decrease as a

    percentage of total costs. Finally, transformer

    issuance with wholesalers, such as reinsurers, can

    largely eliminate complexities for insurers in much

    the same way that wholesale universal banks front

    for local and regional banks, giving them ready

    access to the credit securitization markets.

    Increased standardization, particularly

    in the use of derivative instruments,

    would also lead to less time consuming

    and less costly transactions.

    Increased standardization, particularly in the use of

    derivative instruments, would also lead to less time

    consuming and less costly transactions.

    3.1.6 Data quality and transparency

    Data relevancy

    Transferred insurance risk is assessed on the basis

    of complex risk models developed by third-party

    providers. Catastrophe risk models take into

    account the probability of relevant catastrophic

    events, certain hazards resulting from such events,

    and the insured exposures in the relevant

    geographic areas. Expected losses are modelled on

    the basis of analytical, engineering and empirical

    techniques. The risk models used in capital markettransactions are generally the same as those used

    for internal risk management by the sponsors as well

    as by reinsurance underwriters.

    Results of risk modelling depend on the

    quality of the model as well as of the

    used exposure data.

    The reliability, credibility and transparency of the

    modelling process are crucial to both investors andsponsors. However, the results of the risk analysis

    depend highly on the data input i.e. historic loss

    data, historic parametric data and exposure data.

    The quality of the exposure data relating to the

    portfolio for which protection is bought is relevant to

    assessing the expected loss from the instrument

    and, if any, the basis risk remaining with the sponsor.

    With respect to life insurance instruments, the

    output of the actuarial models similarly depends on

    the quality of the asset and liability portfolio

    information fed into the model.

    Key portfolio information taken into account in non-life risk models includes:

    The location, construction classes, number of

    stories, age and occupancy of insured buildings

    Values at risk (buildings, contents, business

    interruption)

    Insurance structure (limits, deductibles)

    Furthermore, in indemnity-based transactions, the

    sponsors underwriting guidelines and claims-

    management capacities are of great importance to the

    investors. Accordingly, due diligence extends to the

    sponsors management, track record and incentives.

    Insufficient data quality and disclosure

    There are regional variations in the

    metrics used by the insurance industry.

    Insufficient data quality and disclosure impede the

    development of the insurance risk market in a

    number of ways:

    The quality of exposure-related data tends to belower for non-US portfolios17. In the European

    Union, there are no standard formats for

    collecting policy data nor for reporting them, and

    available portfolio data are in general less

    detailed. In some cases, different metrics are

    used in different EU countries. Variation exists, for

    example, in building valuations. Also, policies in

    France are not reported by insured sum as they

    often are in Germany, but rather by the number of

    square metres in the insured building. Bringing

    these data together in the same modelling

    exercise is therefore a complex task. In contrast,more comprehensive portfolio data are

    aggregated in the United States to satisfy

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    regulatory reporting requirements, and these data

    must be made public by the insurers

    (nevertheless, the development of unified mortality

    tables would be a useful US standardization, as it

    would facilitate the comparison of different life

    insurance portfolios).

    Insurers have been reluctant to disclose portfolio

    data as they may be of proprietary nature and

    their disclosure valuable to competitors. However,

    less reluctance is shown by US insurers, as they

    are subject to more extensive disclosure

    requirements under both statutory reporting andthe Sarbanes-Oxley Act compliance rules.

    The presentation of data i.e. not the amount of

    data, but the quality of its disclosure has been

    criticized as not allowing the investors to perform

    the necessary analysis according to their

    methods.

    Information is less granular with respect to

    reinsurance portfolios.

    Granularity of US parametric wind

    speed data

    Whereas exposure data is generally of higher quality

    in the United States than in Europe, obtaining

    parametric US wind speed data remains an

    impediment, as no hardened, high-density network

    of measuring stations currently exists. By contrast,

    parametric earthquake data availability in both the

    United States and Japan is excellent.

    A recent initiative by WeatherFlow and Risk

    Management Solutions (RMS) is in the process of

    building such a network, consisting of hardened

    weather stations specifically designed to measurehurricane-force winds up to and exceeding 140

    miles per hour. A first phase of this initiative involves

    installing over 100 hardened weather stations in

    vulnerable areas in the coastal United States, based

    on likely storm paths and the potential for loss of

    property and lives. Improved parametric hurricane

    data will also be beneficial for risk prevention and

    risk underwriting.

    Disclosure standards

    Although traditional reinsurance assumes some of

    the same risks now being placed in the capital

    markets, data quality and disclosure seem to be

    more of an impediment to the capital markets than

    to reinsurance:

    Capital markets have higher disclosure requirements.

    This is particularly true for transactions in a Rule

    144A private placement offering, and other

    transactions for which an offering document must

    be prepared. Higher disclosure requirements tendto be less relevant for the placement of

    reinsurance sidecar equity, where investor due

    diligence is more likely to focus on the sponsor's

    management than on its portfolio.

    The capital markets are not subject to pricing

    cycles to the same degree as the reinsurance

    market, and thus do not allow investors to

    recover from bad transactions by increasing risk

    spreads for future transactions except for

    sidecar equity, where a subsequent season

    reinstatement is standard.

    Disclosure to reinsurers is not public and isprovided within a long-established relationship.

    Thus, there may be less reluctance by primary

    insurers to release data. Particularly in indemnity-

    based transactions, substantial disclosure of

    internal information often sensitive or proprietary

    is required.

    Increasing transparency

    The need for transparency is one of the important

    lessons learned from the current sub-prime crisis,

    and improvement of transparency with respect toinsurance-linked securities should focus on the

    following two objectives:

    Availability of the aggregated portfolio data

    needed to make an informed risk assessment.

    The information flow between sponsors and

    investors should also be improved, as this

    facilitates the evaluation of the issued instrument

    and, thus, supports portfolio management and

    secondary trading.

    Ability to understand the transaction. This involves

    the clarity of summaries in offering documents as

    well as the detailed disclosure of cash-flow waterfall,ratings, special risk factors, business risks, etc.

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    The quality of disclosure has recently become more

    important in life insurance transactions as investors

    will have to rely less on financial guarantees provided

    by the monoline insurers, and more on their own

    evaluations of the assumed risks. Investors thus

    have a need for underwriting expertise in order to

    understand the insurance risks they are assuming.

    As of today, a degree of standardization of data-

    reporting formats has been created by the exposure

    data requirements resulting from the reporting

    formats of the modelling firms (such as UNICEDE,the standard data format developed by AIR

    Worldwide Corporation). However, this

    standardization is limited by the differences of the

    formats used by different modelling firms.

    Furthermore, CRESTA, created by the insurance

    industry in 1977 as an independent organization for

    the technical management of natural hazard

    coverage, has determined country-specific zones for

    the uniform and detailed reporting of accumulation

    risk data relating to natural hazards, and has also

    created corresponding zonal maps for each country.

    The Association for Cooperative Operations

    Research and Development (ACORD) has also set

    up a working group on catastrophe exposure data

    standards. ACORD standards allow different

    companies to transact business electronically with

    agents, brokers and other data partners in the

    insurance, reinsurance and related financial services

    industries. They serve as a common communication

    method for use by multiple parties.

    3.1.7 Limited types of risk

    The range of securtized insurance perils

    is still somewhat limited.

    Beyond natural catastrophe risk, a variety of life and

    non-life insurance risks has been transferred to the

    capital markets in recent years, including automobile

    insurance risk, long-term disability reserve risk,

    catastrophic mortality risk, the