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Understanding Suretyship and Surety Bonds in the CAGNY Meeting

Learn about suretyship as an extension of credit, different types of surety bonds, industry results, market changes, loss activity, Enron Corporation, and the US surety market. Explore key terms and market participants in this comprehensive guide.

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Understanding Suretyship and Surety Bonds in the CAGNY Meeting

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  1. CAGNY Meeting May 29, 2002

  2. What is “Suretyship”? • Suretyship is essentially an extension of credit by the surety on behalf of the principal. Suretyship is designed to protect the Obligee from exposures to loss.

  3. What are “Surety Bonds”? • A surety bond is a written agreement providing for monetary compensation or satisfactory completion of an obligation by the surety. A surety bond is a three-party agreement whereby the surety is bound, with the principal to the Obligee.

  4. There are two broad categories of Surety • Contract Surety – a contract bond guarantees the performance of the principal under a written contract to build or supply goods and services. • Commercial Surety (also known as non-contract or miscellaneous bonds) – a commercial surety bond guarantees the principal will honor obligations to pay certain sums of money under defined agreements or statutory terms.

  5. Industry Results for Contract and Commercial Surety - 1987-1998

  6. Industry Results for Contract and Commercial Surety - 1999-2001

  7. Top 25 Writers of Surety Bonds in 1999

  8. Top 20 Writers of Surety Bonds in 2000

  9. Top 20 Writers of Surety Bonds in 2001

  10. Primary Market Changes from January 2000 –December 2001 • - Consolidation through acquisition • Travelers/Reliance • St. Paul/USF&G/Seaboard • Zurich/F&D • - Reduction through insolvency • Fireman’s Fund (Surety Operation) • Frontier • Amwest • First Indemnity of America

  11. Reinsurance MarketChanges from January 2000 – December 2001 • - Calendar year 1999-over 25 active reinsurers with a total • market capacity exceeding $250,000,000 • - December 2001 – 12 active reinsurers with a • total market capacity at approximately • $90,000,000 (excluding New Bermuda markets) • - Between September and December we lost • FolksAmerica, St. Paul Re and Gerling. • Post January 1, 2002 Odyssey Re and Arch • Re emerged as new markets.

  12. Loss Activity (Contract & Commercial Surety) • Contract Surety • Loss activity over the past 5 years has increased in both frequency and severity • Gross vs. Net Results • Reinsurers share of the industry losses disproportionate Commercial Surety • Historically very profitable • Over the past 5 years: New product development • Growing number of high risk obligations

  13. Recent Claim Activity • ContractSurety losses over $50 million are now common • Loss over $200 million is in the market; Freide Goldman Halter (two sureties involved) • CommercialSurety losses are growing with the biggest claim ever produced now in litigation. • The biggest potential loss is Enron Corp. • Another potential large loss is Kmart

  14. Enron • US Surety Market & Exposures • Market participants • Primary companies: • Chubb Safeco • St. Paul AIG • Liberty Bond CNA Surety • Travelers Hartford • Fireman’s Fund F&D Surety • Kemper Atlantic Mutual • Total = $2,488,000,000

  15. Enron • US Surety Market & Exposures • Market participants • Reinsurance companies: • Transatlantic Re Gerling Global • Swiss Re American Re • Gen Re Nac Re/XL Re • Partner Re St. Paul Re • Folksamerica Zurich Re • C.N.A. Re Hanover Re • Employers Re Everest Re • SCOR Re Berkley Group • London • Total = $750,000,000

  16. What Do We Know About Enron Corporation? • Corporate Headquarters – Houston, Texas • Advanced Energy Trading Business • Divested (sold) most fixed assets from 1990-1998 • Early 2001 market capitalization topped $88 billion • Leader in its market • Darling of Wall Street

  17. Account Underwriting • Corporate Financial Statement • Value Line/S&P Rating Etc. • Very Limited Client Contact

  18. Surety Involvement • Contract Surety • - Performance Bond / Payment Bonds • - Operations and Maintenance Bonds • Commercial Surety • - Advance Payment Bond • - Premium Payment Bond • - Financial Guarantee Bond • Domestic Business Interests • International Business Interests

  19. Where Are The Losses • Contract - most likely from the international business • - Argentina exposure most tenuous • - estimate $25-$200 million • Commercial - paid losses to date exceed $265,000,000 • - A.P.E.A. Bond • - Winterthur Bond • - NEPOOL Bonds • - Mahonia Bonds

  20. A.P.E.A. Bond • Paid loss $250,000,000 • Structure of the deal • Foreword sale agreement • J.P. Morgan/Chase • A.P.E.A. • End Users • Enron

  21. Mahonia • Who/What is Mahonia • Six Open Bonds • Guarantee Advance Payment • Total Amount On Six Bond claims - $1.1 Billion • Current Litigation

  22. Kmart • Commercial Surety Loss • Workers’ Compensation/Self Insurers Bond • Lease Bonds • License and Permit Bonds

  23. QUESTIONS

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