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Statutory Capital and Surplus
12 Months Ended
Dec. 31, 2012
Disclosure Dividend Restrictions And Statutory Requirements [Abstract]  
Dividend Restrictions And Statutory Requirements Disclosure [Text Block]

15. STATUTORY CAPITAL AND SURPLUS

 

Allied World Switzerland's ability to pay dividends is subject to certain regulatory restrictions on the payment of dividends by its subsidiaries. The payment of such dividends is limited by applicable laws and statutory requirements of the jurisdictions in which Allied World Switzerland and its subsidiaries operate. The total amount of restricted net assets for the Company's consolidated subsidiaries as of December 31, 2012 was $2,499,863.

 

The minimum required statutory capital and surplus is the amount of statutory capital and surplus necessary to satisfy regulatory requirements based on the Company's current operations. The statutory capital and surplus and minimum required statutory capital and surplus for the Company's most significant regulatory jurisdictions at December 31, 2012 and 2011 were as follows:

 

 2012 2011
   Minimum   Minimum
   Required   Required
 Statutory Statutory Statutory Statutory
 Capital and Capital and Capital and Capital and
 Surplus Surplus Surplus Surplus
Bermuda$3,272,786 $718,344 $3,184,294 $591,050
United States 1,110,468  173,078  1,054,441  146,284
Ireland 412,480  19,513  403,156  22,057
Switzerland 174,259  19,945  57,195  19,949
United Kingdom 224,854  224,531  91,000  90,500

There were no state-prescribed or permitted regulatory accounting practices for any of our insurance entities that resulted in reported statutory surplus that differed from that which would have been reported under the prescribed practices of the respective regulatory authorities, including the National Association of Insurance Commissioners. Statutory accounting under the prescribed practices of the respective regulatory authorities differs from U.S. GAAP accounting in the treatment of various items, including reporting of investments, acquisition costs and deferred income taxes.

 

The statutory net income (loss) for the Company's most significant regulatory jurisdictions for December 31, 2012, 2011 and 2010 was as follows:

 

 2012 2011 2010
Bermuda$528,712 $197,624 $666,372
United States 25,390  44,974  63,304
Ireland 9,325  14,590  9,378
Switzerland 10,657  (637)  N/A
United Kingdom 1,800  290  (10,320)

At December 31, 2012, the maximum amount of ordinary dividends or distributions that can be paid, without prior regulatory approval, for the Company's most significant regulatory jurisdictions, were as follows:

 

 2012
Bermuda$ 818,196
United States  86,849
Ireland  31,260
Switzerland  8,276
United Kingdom  -

a) Bermuda

 

The Company's Bermuda subsidiary, Allied World Assurance Company, Ltd, is registered under the Bermuda Insurance Act 1978 and Related Regulations as amended. As a Class 4 insurer, Allied World Assurance Company, Ltd is required to maintain minimum solvency standards and to hold available statutory capital and surplus equal to or exceeding the enhanced capital requirements as determined by the Bermuda Monetary Authority under the Bermuda Solvency Capital Requirement model (“BSCR model”). The BSCR model is a risk-based capital model that provides a method for determining an insurer's minimum required capital taking into account the risk characteristics of different aspects of the company's business. In addition, this subsidiary is required to maintain a minimum liquidity ratio. As of December 31, 2012 and 2011, this subsidiary met the requirements.

 

b) United States

 

The Company's U.S. insurance subsidiaries are subject to the insurance laws and regulations of the states in which they are domiciled, and also states in which they are licensed or authorized to transact business. These laws also restrict the amount of dividends the subsidiaries can pay to the Company. The restrictions are generally based on statutory net income and/or certain levels of statutory surplus as determined in accordance with the relevant statutory accounting requirements of the individual domiciliary states. The U.S. subsidiaries are required to file annual statements with insurance regulatory authorities prepared on an accounting basis prescribed or permitted by such authorities. The U.S. subsidiaries are also required to maintain minimum levels of solvency and liquidity as determined by law, and comply with capital requirements and licensing rules. As of December 31, 2012 and 2011, the actual levels of solvency, liquidity and capital of each U.S. subsidiary were in excess of the minimum levels required.

 

c) Ireland

 

The Company's Irish insurance and reinsurance subsidiaries are regulated by the Central Bank of Ireland pursuant to the Insurance Acts 1909 to 2000, the Central Bank and Financial Services Authority of Ireland Acts 2003 and 2004 and all statutory instruments relating to insurance made or adopted under the European Communities Acts 1972 to 2009 (the “Irish Insurance Acts and Regulations”). These subsidiaries are required to maintain a minimum level of capital. As of December 31, 2012 and 2011, these subsidiaries met the requirements. The amount of dividends that these subsidiaries are permitted to distribute is restricted to accumulated realized profits that have not been capitalized or distributed, less accumulated realized losses that have not been written off. The solvency and capital requirements must still be met following any distribution.

 

d) Switzerland

 

The Company's Swiss insurance subsidiary, Allied World Assurance Company, AG, is regulated by the Swiss Financial Market Supervisory Authority (“FINMA”) pursuant to the Insurance Supervisory Law 2004 to 2006. This subsidiary's accounts are prepared in accordance with the Swiss Code of Obligation 1911 to 2012 and the Insurance Supervisory Law 2004 to 2006. This subsidiary is obligated to maintain a minimum level of capital based on the Swiss Code of Obligation, a minimum of tied assets based on the Insurance Supervisory Law and a minimum solvency margin based on the Solvency I and Swiss Solvency Test regulations as stipulated by the Insurance Supervisory Law. As of December 31, 2012 and 2011, this subsidiary met the requirements. The amount of dividends that this subsidiary is permitted to distribute is restricted to freely distributable reserves which consist of retained earnings, the current year profit and legal reserves to a certain extent. Any dividend requires approval of the shareholders and in case of the dividend exceeding the current year profit, approval is also required from FINMA. The solvency and capital requirements must still be met following any distribution.

 

e) United Kingdom

 

Allied World Capital (Europe) Limited is the sole corporate member of Syndicate 2232. Syndicate 2232 is managed by Capita Managing Agency Limited, an unaffiliated entity (“Capita”). As a member of Lloyd's, Allied World Capital (Europe) Limited is obliged to comply with Lloyd's bye laws and regulations (made pursuant to the Lloyd's Acts 1871 to 1982) and applicable provisions of the Financial and Services and Markets Act 2000 (the “FSMA”). The Council of Lloyd's has wide discretionary powers to regulate members' underwriting at Lloyd's and its exercise of these powers might affect the return on an investment of the corporate member in a given underwriting year. The capital required to support a Syndicate's underwriting capacity, referred to as “funds at Lloyd's”, is assessed annually and is determined by Lloyd's in accordance with the capital adequacy rules established by the FSA. If a member of Lloyd's is unable to pay its debts to policyholders, such debts may be payable from the Lloyd's Central Fund, which in many respects acts as an equivalent to a state guaranty fund in the United States. The Company has provided capital to support the underwriting of Syndicate 2232 in the form of a letter of credit. The amount which the Company provides as funds at Lloyd's is not available for distribution to the Company for the payment of dividends. Lloyd's is authorized by the FSA and required to implement certain rules prescribed by the FSA under the Lloyd's Act of 1982 regarding the operation of the Lloyd's market. With respect to managing agents and corporate members, Lloyd's prescribes certain minimum standards relating to management and control, solvency and other requirements and monitors managing agents' compliance with such standards.

 

f) Branch Offices

 

The Company's insurance subsidiaries maintain branch offices in Bermuda, England, Switzerland, Hong Kong, Canada, Singapore and Labuan. As branch offices are not considered separate legal entities, the required and actual statutory capital and surplus amounts for each jurisdiction in the table above include amounts related to the branch offices. These branch offices are subject to additional minimum capital or asset requirements in their countries of domicile. At December 31, 2012 and 2011, the actual capital and surplus for each of these branches exceeded the relevant local regulatory requirements.