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Contracts Accounted for as Credit Derivatives
9 Months Ended
Sep. 30, 2019
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Contracts Accounted for as Credit Derivatives
Contracts Accounted for as Credit Derivatives
 
The Company has a portfolio of financial guaranty contracts that meet the definition of a derivative in accordance with GAAP (primarily CDS). The credit derivative portfolio also includes interest rate swaps.
 
Credit derivative transactions are governed by International Swaps and Derivative Association, Inc. documentation and have certain characteristics that differ from financial guaranty insurance contracts. For example, the Company’s control rights with respect to a reference obligation under a credit derivative may be more limited than when the Company issues a financial guaranty insurance contract. In addition, there are more circumstances under which the Company may be obligated to make payments. Similar to a financial guaranty insurance contract, the Company would be obligated to pay if the obligor failed to make a scheduled payment of principal or interest in full. However, the Company may also be required to pay if the obligor becomes bankrupt or if the reference obligation were restructured if, after negotiation, those credit events are specified in the documentation for the credit derivative transactions. Furthermore, the Company may be required to make a payment due to an event that is unrelated to the performance of the obligation referenced in the credit derivative. If events of default or termination events specified in the credit derivative documentation were to occur, the non-defaulting or the non-affected party, which may be either the Company or the counterparty, depending upon the circumstances, may decide to terminate a credit derivative prior to maturity. In that case, the Company may be required to make a termination payment to its swap counterparty upon such termination. Absent such an event of default or termination event, the Company may not unilaterally terminate a CDS contract; however, the Company on occasion has mutually agreed with various counterparties to terminate certain CDS transactions.
 
Credit Derivative Net Par Outstanding by Sector
 
The components of the Company’s credit derivative net par outstanding are presented in the table below. The estimated remaining weighted average life of credit derivatives was 11.2 years and 11.6 years as of September 30, 2019 and December 31, 2018, respectively.
 
Credit Derivatives (1)
 
 
 
As of September 30, 2019
 
As of December 31, 2018 (2)
 
 
Net Par
Outstanding
 
Net Fair Value
 
Net Par
Outstanding
 
Net Fair Value
 
 
(in millions)
U.S. public finance
 
$
2,067

 
$
(103
)
 
$
1,783

 
$
(65
)
Non-U.S. public finance
 
2,709

 
(46
)
 
2,807

 
(51
)
U.S. structured finance
 
1,266

 
(51
)
 
1,465

 
(85
)
Non-U.S. structured finance
 
123

 
(8
)
 
127

 
(6
)
Total
 
$
6,165

 
$
(208
)
 
$
6,182

 
$
(207
)

____________________
(1)    Expected recoveries were $5 million as of September 30, 2019 and $2 million as of December 31, 2018.

(2)    Prior year presentation has been conformed to the current year's presentation.


Distribution of Credit Derivative Net Par Outstanding by Internal Rating
 
 
 
As of September 30, 2019
 
As of December 31, 2018
Ratings
 
Net Par
Outstanding
 
% of Total
 
Net Par
Outstanding
 
% of Total
 
 
(dollars in millions)
AAA
 
$
1,662

 
27.0
%
 
$
1,813

 
29.4
%
AA
 
1,748

 
28.4

 
1,690

 
27.3

A
 
1,255

 
20.3

 
1,171

 
18.9

BBB
 
1,368

 
22.2

 
1,351

 
21.9

BIG (1)
 
132

 
2.1

 
157

 
2.5

Credit derivative net par outstanding
 
$
6,165

 
100.0
%
 
$
6,182

 
100.0
%

____________________
(1)
All BIG credit derivatives are U.S. RMBS transactions.

Fair Value of Credit Derivatives
 
Net Change in Fair Value of Credit Derivative Gain (Loss)
 
 
Third Quarter
 
Nine Months
 
2019
 
2018
 
2019
 
2018
 
(in millions)
Realized gains on credit derivatives
$
2

 
$
2

 
$
6

 
$
6

Net credit derivative losses (paid and payable) recovered and recoverable and other settlements
(5
)
 
(1
)
 
(30
)
 
(2
)
Realized gains (losses) and other settlements
(3
)
 
1

 
(24
)
 
4

Net unrealized gains (losses)
8

 
20

 
(1
)
 
99

Net change in fair value of credit derivatives
$
5

 
$
21

 
$
(25
)
 
$
103



     Realized losses and other settlements for Nine Months 2019 were primarily due to a final maturity paydown of a U.S. structured finance transaction, for which there was an offsetting unrealized gain.
    
During Third Quarter 2019, unrealized fair value gains were generated primarily as a result of price improvements on the underlying collateral of certain of the Company's public finance CDS. The unrealized fair value gains were partially offset by unrealized fair value losses related to certain structured finance CDS transactions and changes in discount rates.

During Nine Months 2019, unrealized fair value losses were generated primarily as a result of wider implied net spreads driven by the decreased market cost to buy protection in AGC’s name during the period. For those CDS transactions that were pricing at or above their floor levels, when the cost of purchasing CDS protection on AGC, which management refers to as the CDS spread on AGC, decreased, the implied spreads that the Company would expect to receive on these transactions increased. These unrealized losses were offset by price improvements and the final maturity paydown of a CDS contract.

During Third Quarter 2018, unrealized fair value gains were generated primarily as a result of price improvements on the underlying collateral of the Company’s CDS. This was the primary driver of the unrealized fair value gains in the U.S. structured finance and U.S. public finance sectors. The unrealized fair value gains were partially offset by unrealized fair value losses related to the decreased cost to buy protection in AGC’s name as the market cost of AGC’s credit protection decreased during the period.

During Nine Months 2018, unrealized fair value gains were generated primarily as a result of the increase in credit given to the primary insurer on one of the Company's second-to-pay CDS policies, CDS terminations, and price improvements on the underlying collateral of the Company’s CDS. The unrealized fair value gains were partially offset by unrealized fair value losses related to the decreased cost to buy protection in AGC’s name as the market cost of AGC’s credit protection decreased during the period.

The impact of changes in credit spreads will vary based upon the volume, tenor, interest rates, and other market conditions at the time these fair values are determined. In addition, since each transaction has unique collateral and structural terms, the underlying change in fair value of each transaction may vary considerably. The fair value of credit derivative contracts also reflects the change in the Company’s own credit cost based on the price to purchase credit protection on AGC. The Company determines its own credit risk based on quoted CDS prices traded on the Company at each balance sheet date.
 
CDS Spread on AGC
Quoted price of CDS contract (in bps)
 
 
As of
September 30, 2019
 
As of
June 30, 2019
 
As of
December 31, 2018
 
As of
September 30, 2018
 
As of
June 30, 2018
 
As of
December 31, 2017
Five-year CDS spread
56

 
56

 
110

 
77

 
105

 
163

One-year CDS spread
14

 
13

 
22

 
15

 
22

 
70



Fair Value of Credit Derivative Assets (Liabilities)
and Effect of AGC
Credit Spreads

 
As of
September 30, 2019
 
As of
December 31, 2018
 
(in millions)
Fair value of credit derivatives before effect of AGC credit spread
$
(306
)
 
$
(407
)
Plus: Effect of AGC credit spread
98

 
200

Net fair value of credit derivatives
$
(208
)
 
$
(207
)


The fair value of CDS contracts at September 30, 2019, before considering the benefit applicable to AGC’s credit spreads, is a direct result of the relatively wide credit spreads of certain underlying credits generally due to the long tenor of these credits.
 
Collateral Posting for Certain Credit Derivative Contracts

The transaction documentation with one counterparty for $193 million in CDS net par insured by AGC requires AGC to post collateral, subject to a $193 million cap, to secure its obligation to make payments under such contracts. Eligible collateral is generally cash or U.S. government or agency securities; eligible collateral other than cash is valued at a discount to the face amount. There was no collateral posted as of September 30, 2019.