Terrorism Risk Insurance Act of 2002 - Ensuring Economic Stability and Security

1. Terrorism Risk InsuranceAct of 2002 Christopher Yaure Risk Manager, Terrorism and Emerging Risks GE ERC Presentation to the Annual Meeting of the CAS November 10, 2003

2. OVERVIEW

3. Terrorism Insurance Program • Mandatory participation • Mandatory availability • Federal compensation • Cap on liability • Preemption and nullification • Disclosure requirements • Reporting • Recoupment and surcharges • Federal cause of action • Treatment of terrorist assets • Federal Reserve Board provisions

4. Findings The ability of businesses and individuals to obtain property and casualty insurance at reasonable and predictable prices, in order to spread the risk of both routine and catastrophic loss, is critical to economic growth, urban development, and the construction and maintenance of public and private housing as well as to the promotion of United States exports and foreign trade in an increasingly interconnected world

5. Findings (2) Property and casualty insurance firms are important financial institutions, the products of which allow mutualization of risk and the efficient use of financial resources and enhance the ability of the economy to maintain stability, while responding to a variety of economic, political, environmental, and other risks with a minimum of disruption

6. Findings (3) The ability of the insurance industry to cover the unprecedented financial risks presented by potential acts of terrorism in the United States can be a major factor in the recovery from terrorist attacks, while maintaining the stability of the economy

7. (4) widespread financial market uncertainties 16 • have arisen following the terrorist attacks of Sep- 17 • tember 11, 2001, including the absence of informa- 18 • tion from which financial institutions can make sta- 19 • tistically valid estimates of the probability and cost 20 • of future terrorist events, and therefore the size, 21 • funding, and allocation of the risk of loss caused by 22 • such acts of terrorism; 23 • 16 • O:\AYO\AYO02.952 Findings (4) Widespread financial market uncertainties have arisen following the terrorist attacks of September 11, 2001, including the absence of information from which financial institutions can make statistically valid estimates of the probability and cost of future terrorist events, and therefore the size, funding, and allocation of the risk of loss caused by such acts of terrorism

8. Findings (5) A decision by property and casualty insurers to deal with such uncertainties, either by terminating property and casualty coverage for losses arising from terrorist events, or by radically escalating premium coverage to compensate for risks of loss that are not readily predictable, could seriously hamper ongoing and planned construction, property acquisition, and other business projects, generate a dramatic increase in rents, and otherwise suppress economic activity

9. Findings (6) The United States Government should provide temporary financial compensation to insured parties, contributing to the stabilization of the United States economy in a time of national crisis, while the financial services industry develops the systems, mechanisms, products, and programs necessary to create a viable financial services market for private terrorism risk insurance

10. Purpose (1) The purpose of this title is to establish a temporary Federal program that provides for a transparent system of shared public and private compensation for insured losses resulting from acts of terrorism, in order to—

11. Purpose (2) Protect consumers by addressing market disruptions and ensure the continued widespread availability and affordability of property and casualty insurance for terrorism risk

12. Purpose (3) Allow for a transitional period for the private markets to stabilize, resume pricing of such insurance, and build capacity to absorb any future losses, while preserving State insurance regulation and consumer protections

13. Act of Terrorism • An act of terrorism • Violent act or act dangerous to human life, property, or infrastructure • Damage in the US • Applies outside of the US for certain air carriers, vessels, and missions • On behalf of any foreign person or interest • Effort to coerce the civilian population or influence the policy or affect the conduct of the government by coercion

14. Limitations • Does not apply to act committed as part of declared war • Exception for workers compensation • Aggregate losses $5,000,000 or less

15. Process • Certified by Secretary of Treasury • Determination final • Not subject to judicial review

16. Property and Casualty Insurers • Receives direct earned commercial property and casualty insurance premium • AND • Within specified categories • Licensed or admitted in any state • NAIC Quarterly Listing of Alien Insurers • Approved to offer certain insurance by Federal agencies • State residual market insurance entity or workers’ compensation fund • Captives and other self-insurance arrangements, if determined by Treasury • Affiliated insurers treated as one insurer

17. Property and Casualty Insurance • Commercial lines only • Specifically includes • Excess insurance • Workers’ compensation • Surety

18. Lines Excluded • Crop or livestock insurance • Private mortgage insurance • Financial guaranty insurance issued by monoline financial guaranty insurance corporation • Medical malpractice • Health or life, including group life • National Flood Insurance • Reinsurance

19. Mandatory Availability • An insurer “shall make available” coverage for losses from acts of terrorism • All property and casualty insurance policies • “[C]overage for insured losses that does not differ materially from the terms, amounts, and other coverage limitations applicable to losses arising from events other than acts of terrorism.”

20. Federal Compensation • 90% of insured losses in excess of a deductible • Deductible • Direct earned premium in prior calendar year • Multiplied by 7%/10%/15% • Special rules for insurers without a full year of operations in relevant calendar year

21. Temporary Support • Effective November 26, 2002 • Federal compensation applies to losses through December 31, 2005 • Mandatory availability applies through December 31, 2004 • May be extended through December 31, 2005 • Determination by September 1, 2004

22. Cap on Liability • Maximum aggregate industry losses in one year is $100,000,000,000 • Losses pro rated among insurers

23. Preemption and Nullification • Policies in force on November 26, 2002 • Exclusion for insured losses void • State approval of exclusions for insured losses void • Written notice to insured of additional premium • Reinstatement of exclusion after 30 days • Rates and forms not subject to prior approval • Through December 31, 2003 • State can invalidate rate as excessive, inadequate, or unfairly discriminatory • Subsequent review of forms

24. Disclosure Requirements • Policies in force on November 26, 2002 • New policies • At time of offer, purchase, and renewal • Premium charged for insured losses • Federal share of compensation • Separate line item on policy

25. Reporting • State • Federal

26. Additional Items • Recoupment and surcharges • Federal cause of action • Treatment of terrorist assets • Federal Reserve Board provisions

27. ADDITIONAL PRICING ISSUES FOR TRIA

28. Pricing • Adequate • Not excessive • Not unfairly discriminatory

29. Expected Losses – Policy Level • Historical losses • Models • Pure premium • Frequency of events • Severity of losses • Relative likelihood of targets • Game theory • Additive or multiplicative

30. Aggregate Losses • Company historical • Industry historical • Market share • Models • PML vs. MPL • Allocation to policies • Take up rate

31. Federal Compensation • MPL = $10B + 0.9 * Direct Earned Premium * Deductible Rate (but not more than $100B) • Market share * $100B • Fund the retention • How many years • Credit for federal program • Debit for federal program • Different impact on same policy for different companies

32. Accumulation and Diversification • Geographical • Weapons of mass destruction • Swarm attacks

33. Other Methods and Issues • Cost of reinsurance • Cost of capital • Cat analysis • Excess vs. primary • Impact on non-terrorism insurance pricing

34. MARKET RESPONSE • Insurers • Insureds • Reinsurers • Sunset

35. ADDITIONAL ISSUES

36. Underwriting • Moral hazard – very low • Morale hazard – moderate • Adverse selection – mixed • If pricing flexibility is limited, significant issue • With respect to cancellation - high

37. NRBC • Nuclear • Radioactive • Biological • Chemical • TRIA requirements • Pricing

38. Non-TRIA Coverage • Include automatically • Exclude automatically • Additional premium • Include with TRIA • Pricing

39. Reinsurance • TRIA • How much to cede • Avoid wasting federal compensation • Post-2005 • Non-TRIA • Non-US

40. Claims and Coding • Catastrophe processes • Centralization • Coding • TRIA requirements

41. Additional Issues • Correlations with other items • Fire following • Reserving • Tax issues • Filing issues