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You are here: Home / Archives for Reinsurance Regulation

Reinsurance Regulation

GENEVA ASSOCIATES ISSUES REPORT ON GROUP WIDE RISK AND CAPITAL MANAGEMENT OF INTERNATIONALLY ACTIVE INSURANCE GROUPS

June 19, 2013 by Carlton Fields

The Geneva Association, “the leading international insurance think tank for strategically important insurance and risk management issues,” issued a report analyzing various aspects of the current practices of group risk and capital management of internationally active insurance groups (IAIGs). The report was issued in connection with the International Association of Insurance Supervisors’ discussion on a Common Framework for the Supervision of Internationally Active Insurance Groups (ComFrame), emerging prudential standards which include capital requirements for global insurance firms. The report analyzed the results of surveys of 19 insurance groups designed to elicit the variety of approaches and methods utilized to manage enterprise risk and to discover varying risk and capital management tools. “Key findings” of the report include: (1) various enterprise risk management and capital management practices are applied around the globe by IAIGs, revealing both similarities in principles differences in application; (2) internal models, when used for both regulatory and economic purposes, are considered to be an integral component of business steering processes; (3) IAIGs have processes in place or are taking measures to ensure an effective link between their risk management and their capital management; (4) the large majority of IAIGs perform group capital calculations as part of their own value based management with a special focus on risk steering; (5) cost of capital allocation to specific activities or entities is broadly applied, contributing to efficient capital deployment; (6) the vast majority of the IAIGs make use of intra-group transactions, one of the most frequently used being reinsurance; (7) “ring-fencing” of assets or specific business activities is generally not thought to be beneficial, as it limits capital fungibility; and (8) chief risk officers and their teams are especially focused on current regional, national, and international legislative proposals on capital requirements. The report concluded, in relevant part, that “[a]lready existing sound practices and regulatory standards within the insurance industry could serve as a springboard for the further development of global regulatory structures and standards” that will “strengthen coordination and supervision at the global level.”

This post written by Michael Wolgin.

See our disclaimer.

Filed Under: Reinsurance Regulation

FEDERAL LEGISLATION REINTRODUCED AIMED AT TAXING FOREIGN REINSURANCE AFFILATE INCOME

June 11, 2013 by Carlton Fields

H. R. 2054 was introduced on May 20, 2013, and referred to the Ways and Means Committee. The bill would disallow the deduction for excess non-taxed reinsurance premiums with respect to United States risks paid to affiliates “to prevent the avoidance of tax by insurance companies through reinsurance with non-taxed affiliates.” Co-sponsored by Representatives Neal and Pascrell, the bill would amend the Internal Revenue Code of 1986. There are a number of excepted risks, but generally, the bill states that such “income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company.” The amendment to the IRC would apply to taxable years beginning after December 31, 2013. Similar bills have been introduced in the past, but did not find their way to passage. See, for example, our previous posts concerning a prior versions of this proposal in 2009 and 2008.

This post written by John Pitblado.

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Filed Under: Reinsurance Regulation, Week's Best Posts

IOWA AND MARYLAND ADOPT ACTS CONCERNING CREDIT FOR REINSURANCE

May 22, 2013 by Carlton Fields

On April 24, 2013, the Iowa State Senate adopted a Credit for Reinsurance Act that becomes effective January 1, 2014. On March 20, 2013, the Maryland State Senate adopted Senate Bill 777, an Act concerning “Insurance – Ceding Insurers and Reinsurance,” which takes effect June 1, 2013. The language of both Acts closely tracks that of the NAIC Credit for Reinsurance Model Law, which allows a ceding insurer to receive a credit for reinsurance when insurance is ceded to a reinsurer that meets certain requirements. Senate File 182, 85th Gen. Assembly (IA Apr. 24, 2013); Senate Bill 777, Gen. Assembly (MD 2013). A staff summary provides an analysis of the Maryland act.

This post written by Abigail Kortz.

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Filed Under: Accounting for Reinsurance, Reinsurance Regulation

NAIC REINSURANCE TASK FORCE MEETING UPDATE

May 21, 2013 by Carlton Fields

The NAIC’s Reinsurance Task Force met on April 8, 2013, as part of the NAIC’s spring national meeting. The Task Force has published its agenda and materials for the meeting, as well as the post-meeting summary. This meeting was informational in nature, and mainly was concerned with progress in the development of the NAIC’s list of qualified jursidictions for purposes of implmenting the Credit for Reinsurance Model Law and other progress in the implementation of the revised credit for reinsurance models.

This post written by Rollie Goss.

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Filed Under: Reinsurance Regulation, Week's Best Posts

CONNECTICUT INSURANCE DEPARTMENT ISSUES PRACTICAL GUIDANCE REGARDING ITS CREDIT FOR REINSURANCE LAW

May 9, 2013 by Carlton Fields

As previously reported on this blog, the Connecticut Insurance Department amended its Credit for Reinsurance law to align with the NAIC Credit for Reinsurance Model Law with an effective date of October 1, 2012. On March 1, 2013, the Department issued a bulletin which provides practical guidance to insurers seeking to become credited reinsurers in Connecticut. The bulletin sets forth the requirements for certification eligibility and includes a checklist addressing those requirements, which must be submitted along with the application for certification. State of Conn. Ins. Dep’t., Requirements to Become a Connecticut Certified Reinsurer, Bulletin No. FS-25 (Mar. 1, 2013).

This post written by Abigail Kortz.

See our disclaimer.

Filed Under: Accounting for Reinsurance, Reinsurance Regulation

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