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Commitments and contingencies
12 Months Ended
Dec. 31, 2021
Commitments and Contingencies Disclosure [Abstract]  
Commitments and contingencies
22. Commitments and contingencies
Concentrations of credit risk
The Company has exposure to credit risk as it relates to its business written through brokers, if any of the Company’s brokers are unable to fulfill their contractual obligations with respect to payments to the Company. In addition, in some jurisdictions, if the broker fails to make payments to the insured under the Company’s policy, the Company may remain liable to the insured for the deficiency. These brokers are fairly large and well established, and there are no indications they are financially distressed. The Company’s exposure to such credit risk is somewhat mitigated in certain jurisdictions by contractual terms. The following table sets forth the Company’s premiums written by source that individually contributed more than 10% of total gross premiums written for the years ended December 31, 2021, 2020 and 2019:
202120202019
Aon Corporation and subsidiaries$536.6 24.0 %$189.1 32.1 %$197.1 29.5 %
Guy Carpenter & Company and subsidiaries414.1 18.5 %164.6 28.0 %144.6 21.6 %
Arthur J. Gallagher & Co. and subsidiaries244.2 10.9 %67.6 11.5 %140.2 21.0 %
Other 1,041.6 46.6 %167.2 28.4 %186.5 27.9 %
$2,236.5 100.0 %$588.5 100.0 %$668.4 100.0 %
The Company is exposed to credit risk through reinsurance contracts with companies that write credit risk insurance. The Company’s portfolio of risk is predominantly U.S. mortgage insurance and mortgage credit risk transfer. The Company provides its clients in these lines of business with reinsurance protection against credit deterioration, defaults or other types of financial non-performance. Loss experience in these lines of business has been very good but is cyclical and is affected by the state of the general economic environment. The Company proactively manages the risks associated with these credit-sensitive lines of business by closely monitoring its risk aggregation and by diversifying the underlying risks where possible. The Company has bought some retrocessional coverage against a subset of these risks.
The Company has exposure to credit risk related to balances receivable under our reinsurance contracts, including funds withheld and premiums receivable, and the possibility that counterparties may default on their obligations to the Company. The risk of counterparty default is partially mitigated by the fact that any amount owed from a reinsurance counterparty would be netted against any losses or acquisition costs the Company would pay in the future. The Company monitors the collectability of these balances on a regular basis.
Lloyd's Central Fund
The Lloyd's Central Fund is available to satisfy claims if a member of Lloyd's is unable to meet its obligations to policyholders. The Company has an obligation to pay contributions to the Lloyd's Central Fund each year based on gross written premium. The Company estimates the Lloyd's Central Fund contributions to be $0.6 million (based on the December 31, 2021 GBP to USD exchange rate) which is 0.35% of gross written premium. The Council of Lloyd's have the power to
levy an additional contribution on members if it considered necessary, and the maximum additional contribution is currently 3.0% of capacity.
Financing
See Note 16 for additional information related to the Company’s debt obligations.
Letters of Credit
See Note 16 for additional information related to the Company’s letter of credit facilities.
Liability-classified capital instruments
See Note 3 for additional information related to the contingent value consideration components of the Sirius Group acquisition.
Promissory Note & Loan Agreement
On September 16, 2020, the Company entered into an Unsecured Promissory Note agreement with Arcadian, pursuant to which the Company has committed to loan up to $18.0 million. Interest shall accrue and be computed on the aggregate principal amount drawn and outstanding at a rate of 8.0% per annum. No amounts were drawn as of December 31, 2021.
On July 2, 2021, the Company entered into a loan and security agreement with Joyn, pursuant to which the Company has lent Joyn $11.5 million. Interest shall accrue and be computed on the aggregate principal amount drawn and outstanding at a rate of 8.0% per annum. Joyn may request to increase the initial loan amount by up to an additional $5.0 million.
Litigation
From time to time in the normal course of business, the Company may be involved in formal and informal dispute resolution procedures, which may include arbitration or litigation, the outcomes of which determine the rights and obligations under the Company’s reinsurance contracts and other contractual agreements. In some disputes, the Company may seek to enforce its rights under an agreement or to collect funds owed to it. In other matters, the Company may resist attempts by others to collect funds or enforce alleged rights. The Company may also be involved, from time to time in the normal course of business, in formal and informal dispute resolution procedures that do not arise from, or are not directly related to, claims activity. The Company is not currently involved in any formal or informal dispute resolution procedures that it considers to be material.
Leases
Subsequent to the acquisition of Sirius Group, the Company now operates in new locations with additional facilities, including the United States, Canada, Europe and Asia. The Company leases office space under various non-cancelable operating lease agreements.
During the year ended December 31, 2021, the Company recognized operating lease expense of $10.5 million (2020 - $0.9 million and 2019 - $0.9 million), including property taxes and routine maintenance expense as well as rental expenses related to short term leases. As of December 31, 2021 the Company had $27.4 million (December 31, 2020 - $0.8 million) of operating lease right-of-use assets included in other assets. As of December 31, 2021 the Company had $32.5 million (December 31, 2020 - $0.8 million) of operating lease liabilities included in accounts payable, accrued expenses and other liabilities.
The following table presents the lease balances within the consolidated balance sheets as of December 31, 2021 and 2020:
December 31,
2021
December 31, 2020
Operating lease right-of-use assets$27.4 $0.8 
Operating lease liabilities$32.5 $0.8 
Weighted average lease term (years)5.01.0
Weighted average discount rate2.4 %7.0 %
Future minimum rental commitments as of December 31, 2021 under these leases are expected to be as follows:
Future Payments
2022$10.4 
20237.9 
20244.6 
20253.2 
2026 and thereafter8.2 
Total future annual minimum rental payments34.3 
Less: present value discount(1.8)
Total lease liability as of December 31, 2021$32.5 
The above table does not include future minimum rental commitments of one material lease that has not yet commenced as of December 31, 2021. The minimum rental commitment under this lease is approximately $11.4 million.