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Reinsurance and Other Monoline Exposures
3 Months Ended
Mar. 31, 2017
Insurance [Abstract]  
Reinsurance and Other Monoline Exposures
Reinsurance and Other Monoline Exposures
 
The Company assumes exposure on insured obligations (Assumed Business) and may cede portions of its exposure on obligations it has insured (Ceded Business) in exchange for premiums, net of ceding commissions. The Company historically entered into ceded reinsurance contracts in order to obtain greater business diversification and reduce the net potential loss from large risks.
 
Assumed and Ceded Business
 
The Company assumes business from third party insurers and reinsurers, including other monoline financial guaranty companies. Under these relationships, the Company assumes a portion of the ceding company’s insured risk in exchange for a portion of the ceding Company's premium for the insured risk (typically, net of a ceding commission). The Company’s facultative and treaty agreements are generally subject to termination at the option of the ceding company:

if the Company fails to meet certain financial and regulatory criteria and to maintain a specified minimum financial strength rating, or

upon certain changes of control of the Company.
 
Upon termination under these conditions, the Company may be required (under some of its reinsurance agreements) to return to the ceding company unearned premiums (net of ceding commissions) and loss reserves calculated on a statutory basis of accounting, attributable to reinsurance assumed pursuant to such agreements after which the Company would be released from liability with respect to the Assumed Business.

Upon the occurrence of the conditions set forth in the first bullet above, whether or not an agreement is terminated, the Company may be required to obtain a letter of credit or alternative form of security to collateralize its obligation to perform under such agreement or it may be obligated to increase the level of ceding commission paid.
 
The downgrade of the financial strength ratings of AG Re or of AGC gives certain ceding companies the right to recapture business they had ceded to AG Re and AGC, which would lead to a reduction in the Company's unearned premium reserve and related earnings on such reserve. With respect to a significant portion of the Company's in-force financial guaranty assumed business, based on AG Re's and AGC's current ratings and subject to the terms of each reinsurance agreement, the third party ceding company may have the right to recapture business it had ceded to AG Re and/or AGC, and in connection therewith, to receive payment from AG Re or AGC of an amount equal to the statutory unearned premium (net of ceding commissions) and statutory loss reserves (if any) associated with that business, plus, in certain cases, an additional required payment. As of March 31, 2017, if each third party insurer ceding business to AG Re and/or AGC had a right to recapture such business, and chose to exercise such right, the aggregate amounts that AG Re and AGC could be required to pay to all such companies would be approximately $42 million and $16 million, respectively.

The Company has Ceded Business to non-affiliated companies to limit its exposure to risk. Under these relationships, the Company ceded a portion of its insured risk to the reinsurer in exchange for the reinsurer receiving a share of the Company's premiums for the insured risk (typically, net of a ceding commission). The Company remains primarily liable for all risks it directly underwrites and is required to pay all gross claims. It then seeks reimbursement from the reinsurer for its proportionate share of claims. The Company may be exposed to risk for this exposure if it were required to pay the gross claims and not be able to collect ceded claims from an assuming company experiencing financial distress. A number of the financial guaranty insurers to which the Company has ceded par have experienced financial distress and been downgraded by the rating agencies as a result. In addition, state insurance regulators have intervened with respect to some of these insurers. The Company’s ceded contracts generally allow the Company to recapture Ceded Business after certain triggering events, such as reinsurer downgrades.

Effective as of March 1, 2017, the Company entered into a commutation agreement to reassume the entire portfolio previously ceded to one of its unaffiliated reinsurers. The size of such portfolio was approximately $1.0 billion of par, consisting predominantly (over 97%) of U.S. public finance and international public and project finance exposures. For such reassumption, the Company received the statutory unearned premium and loss and loss adjustment expense reserves outstanding as of the commutation date, plus a commutation premium and, as a result, the Company recorded a gain of $73 million in other income. There were no commutations in First Quarter 2016.

The following table presents the components of premiums and losses reported in the consolidated statements of operations and the contribution of the Company's Assumed and Ceded Businesses.

Effect of Reinsurance on Statement of Operations

 
First Quarter
 
2017

2016
 
(in millions)
Premiums Written:
 
 
 
Direct
$
109

 
$
21

Assumed (1)
2

 
(2
)
Ceded (2)
11

 
(17
)
Net
$
122

 
$
2

Premiums Earned:
 
 
 
Direct
$
167

 
$
190

Assumed
6

 
8

Ceded
(9
)
 
(15
)
Net
$
164

 
$
183

Loss and LAE:
 
 
 
Direct
$
67

 
$
109

Assumed
3

 
(14
)
Ceded
(11
)
 
(5
)
Net
$
59

 
$
90


 ____________________
(1)
Negative assumed premiums written were due to changes in expected debt service schedules.

(2)    Positive ceded premiums written were due to commutations and changes in expected debt service schedules.

In addition to the items presented in the table above, the Company records in the consolidated statements of operations, the effect of assumed and ceded credit derivative exposures. These amounts were losses of $0.6 million in First Quarter 2017 and $0.3 million in First Quarter 2016.

Other Monoline Exposures
 
In addition to assumed and ceded reinsurance arrangements, the Company may also have exposure to some financial guaranty reinsurers (i.e., monolines) in other areas. Second-to-pay insured par outstanding represents transactions the Company has insured that were previously insured by third party insurers and reinsurers. The Company underwrites such transactions based on the underlying insured obligation without regard to the primary insurer. Another area of exposure is in the investment portfolio where the Company holds fixed-maturity securities that are wrapped by monolines and whose value may change based on the rating of the monoline. As of March 31, 2017, based on fair value, the Company had fixed-maturity securities in its investment portfolio consisting of $106 million insured by National, $81 million insured by Ambac, $135 million insured by FGIC UK Limited and $8 million insured by other guarantors.

Monoline and Reinsurer Exposure by Company

 
 
Par Outstanding
 
 
As of March 31, 2017
Reinsurer
 
Ceded Par
Outstanding (1)
 
Second-to-
Pay Insured
Par
Outstanding (2)
 
Assumed Par
Outstanding
 
 
(in millions)
Reinsurers rated investment grade:
 
 
 
 
 
 
Tokio Marine & Nichido Fire Insurance Co., Ltd. (3) (4)
 
$
3,269

 
$

 
$

National
 

 
4,057

 
3,962

Subtotal
 
3,269

 
4,057

 
3,962

Reinsurers rated BIG or not rated:
 
 
 
 
 
 
American Overseas Reinsurance Company Limited (3)
 
3,307

 

 
30

Syncora (3)
 
1,950

 
1,097

 
654

ACA Financial Guaranty Corp.
 
621

 
12

 

Ambac
 
115

 
2,583

 
6,061

MBIA
 

 
949

 
151

Financial Guaranty Insurance Company and FGIC UK Limited
 

 
1,221

 
404

Ambac Assurance Corp. Segregated Account
 

 
57

 
584

Subtotal
 
5,993

 
5,919

 
7,884

Other (3)
 
71

 
538

 
146

Total
 
$
9,333

 
$
10,514

 
$
11,992

____________________
(1)
Of the total ceded par to reinsurers rated BIG or not rated, $359 million is rated BIG.  

(2)
The par on second-to-pay exposure where the primary insurer and underlying transaction rating are both BIG, and/or not rated, is $742 million.

(3)
The total collateral posted by all non-affiliated reinsurers required to post, or that had agreed to post, collateral as of March 31, 2017 was approximately $285 million.

(4)    The Company benefits from trust arrangements that satisfy the triple-A credit requirement of S&P and/or Moody’s.



Amounts Due (To) From Reinsurers
As of March 31, 2017 

 
Assumed
Premium, net
of Commissions
 
Ceded
Premium, net
of Commissions
 
Assumed
Expected
Loss to be Paid
 
Ceded
Expected
Loss to be Paid
 
(in millions)
Reinsurers rated investment grade
$
5

 
$
(9
)
 
$
4

 
$
44

Reinsurers rated BIG or not rated:
 
 
 
 
 
 
 
American Overseas Reinsurance Company Limited

 
(4
)
 

 
38

Syncora
13

 
(17
)
 

 
(6
)
Ambac
33

 

 
(2
)
 

MBIA
0

 

 
(7
)
 

Financial Guaranty Insurance Company and FGIC UK Limited
4

 

 
(17
)
 

Ambac Assurance Corp. Segregated Account
6

 

 
(48
)
 

Other

 
(3
)
 

 

Subtotal
56

 
(24
)
 
(74
)
 
32

Total
$
61

 
$
(33
)
 
$
(70
)
 
$
76



 
Excess of Loss Reinsurance Facility
 
AGC, AGM and MAC entered into a $360 million aggregate excess of loss reinsurance facility with a number of reinsurers, effective as of January 1, 2016. This facility replaces a similar $450 million aggregate excess of loss reinsurance facility that AGC, AGM and MAC had entered into effective January 1, 2014 and which terminated on December 31, 2015. The new facility covers losses occurring either from January 1, 2016 through December 31, 2023, or January 1, 2017 through December 31, 2024, at the option of AGC, AGM and MAC. It terminates on January 1, 2018, unless AGC, AGM and MAC choose to extend it. The new facility covers certain U.S. public finance credits insured or reinsured by AGC, AGM and MAC as of September 30, 2015, excluding credits that were rated non-investment grade as of December 31, 2015 by Moody’s or S&P or internally by AGC, AGM or MAC and is subject to certain per credit limits. Among the credits excluded are those associated with the Commonwealth of Puerto Rico and its related authorities and public corporations. The new facility attaches when AGC’s, AGM’s and MAC’s net losses (net of AGC’s and AGM's reinsurance (including from affiliates) and net of recoveries) exceed $1.25 billion in the aggregate. The new facility covers a portion of the next $400 million of losses, with the reinsurers assuming pro rata in the aggregate $360 million of the $400 million of losses and AGC, AGM and MAC jointly retaining the remaining $40 million. The reinsurers are required to be rated at least AA- or to post collateral sufficient to provide AGM, AGC and MAC with the same reinsurance credit as reinsurers rated AA-. AGM, AGC and MAC are obligated to pay the reinsurers their share of recoveries relating to losses during the coverage period in the covered portfolio. AGC, AGM and MAC paid approximately $9 million of premiums in 2016 for the term January 1, 2016 through December 31, 2016 and approximately $9 million of premiums for January 1, 2017 through December 31, 2017.