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Financial Guarantee Insurance Contracts
6 Months Ended
Jun. 30, 2017
Insurance [Abstract]  
Financial Guarantee Insurance Contracts
6. FINANCIAL GUARANTEE INSURANCE CONTRACTS
Amounts presented in this Note relate only to Ambac’s non-derivative insurance business for insurance policies issued to beneficiaries, including VIEs, for which we do not consolidate the VIE.
Net Premiums Earned:
Gross premiums are received either upfront or in installments. For premiums received upfront, an unearned premium revenue (“UPR”) liability is established, which is initially recorded as the cash amount received. For installment premium transactions, a premium receivable asset and offsetting UPR liability is initially established in an amount equal to: (i) the present value of future contractual premiums due (the “contractual” method) or (ii) if the assets underlying the insured obligation are homogenous pools which are contractually prepayable, the present value of premiums to be collected over the expected life of the transaction (the “expected” method). An appropriate risk-free rate corresponding to the weighted average life of each policy and currency is used to discount the future premiums contractually due or expected to be collected. For example, U.S. dollar exposures are discounted using U.S. Treasury rates while exposures denominated in a foreign currency are discounted using the appropriate risk-free rate for the respective currency. The weighted average risk-free rate at June 30, 2017 and December 31, 2016, was 2.5% and 2.6%, respectively, and the weighted average period of future premiums used to estimate the premium receivable at June 30, 2017 and December 31, 2016, was 8.9 years and 9.0 years, respectively.
Insured obligations consisting of homogeneous pools for which Ambac uses expected future premiums to estimate the premium receivable and UPR include residential mortgage-backed securities. As prepayment assumptions change for homogenous pool transactions, or if there is an actual prepayment for a “contractual” method installment transaction, the related premium receivable and UPR are adjusted in equal and offsetting amounts with no immediate effect on earnings using new premium cash flows and the then current risk-free rate.
In structured finance transactions, the priority for the payment of financial guarantee premiums to Ambac, as required by bond indentures of insured structured finance obligations, is generally senior in the waterfall. Additionally, in connection with the allocation of certain liabilities to the Segregated Account, trustees and other parties are required under the Segregated Account Rehabilitation Plan and related court orders to continue to pay installment premiums, notwithstanding the Segregated Account Rehabilitation Proceedings. In evaluating the credit quality of the premium receivables, management evaluates the transaction waterfall structures and the internal ratings of the transactions underlying the premium receivables. Uncollectable premiums are determined on a policy basis and utilize a combination of historical premium collection data in addition to cash flow analysis to determine if an impairment in the related policy's premium receivables exist. As of June 30, 2017 and December 31, 2016, approximately 22% and 25% of the premium receivables related to transactions with non-investment grade internal ratings, comprised mainly of non-investment grade RMBS, structured insurance, lease securitizations and student loan transactions, which comprised 7%, 5%, 3% and 3%, of the total premium receivables at June 30, 2017 and 8%, 5%, 4% and 3% of the total premium receivables at December 31, 2016, respectively. At June 30, 2017 and December 31, 2016, $9,337 and $9,186 respectively, of premium receivables were deemed uncollectable. Past due premiums on policies insuring non-investment grade obligations amounted to less than $500 at June 30, 2017.
Below is the gross premium receivable roll-forward for the affected periods:
 
 
Six Months Ended June 30,
 
 
2017
 
2016
Beginning premium receivable
 
$
661,337

 
$
831,575

Premium receipts
 
(33,953
)
 
(39,569
)
Adjustments for changes in expected and contractual cash flows
 
4,285

 
(43,125
)
Accretion of premium receivable discount
 
8,379

 
9,967

Changes to uncollectable premiums
 
(151
)
 
4,337

Other adjustments (including foreign exchange)
 
13,279

 
(21,771
)
Ending premium receivable (1)
 
$
653,176

 
$
741,414


(1)
Gross premium receivable includes premiums to be received in foreign denominated currencies most notably in British Pounds and Euros. At June 30, 2017 and 2016, premium receivables include British Pounds of $192,983 (£148,277) and $206,834 (£156,136), respectively, and Euros of $35,814 (€31,361) and $37,741 (€34,056), respectively.
Similar to gross premiums, premiums ceded to reinsurers are paid either upfront or in installments. Premiums ceded to reinsurers reduce the amount of premiums earned by Ambac from its financial guarantee insurance policies.
When a bond issue insured by Ambac Assurance has been retired early, typically due to an issuer call, any remaining UPR is recognized at that time to the extent the financial guarantee contract is legally extinguished, causing accelerated premium revenue. For installment premium paying transactions, we offset the recognition of any remaining UPR by the reduction of the related premium receivable to zero (as it will not be collected as a result of the retirement), which may cause negative accelerated premium revenue. Ambac’s accelerated premium revenue for retired obligations for the three and six months ended June 30, 2017 was $13,190 and $29,470, respectively, and for the three and six months ended June 30, 2016 was $5,081 and $20,057, respectively. Certain obligations insured by Ambac have been legally defeased whereby government securities are purchased by the issuer with the proceeds of a new bond issuance, or less frequently with other funds of the issuer, and held in escrow. The principal and interest received from the escrowed securities are then used to retire the Ambac-insured obligations at a future date either to their maturity date (a refunding) or a specified call date (a pre-refunding). Ambac has evaluated the provisions in policies issued on these obligations and determined those insurance policies have not been legally extinguished. For policies with refunding securities, premium revenue recognition is not impacted as the escrowed maturity date is the same as the previous legal maturity date. For policies with pre-refunding securities, the maturity date of the pre-refunded security has been shortened from its previous legal maturity. Although premium revenue recognition has not been accelerated in the period of the pre-refunding, it results in an increase in the rate at which the policy's remaining UPR is to be recognized.
The effect of reinsurance on premiums written and earned for the respective periods was as follows:
 
Three Months Ended June 30,
 
2017
 
2016
 
Written
 
Earned
 
Written
 
Earned
Direct
$
6,928

 
$
47,235

 
$
(4,041
)
 
$
44,974

Assumed

 
20

 

 
21

Ceded
238

 
4,103

 
(854
)
 
3,593

Net premiums
$
6,690

 
$
43,152

 
$
(3,187
)
 
$
41,402

 
 
 
 
 
 
 
 
 
Six Months Ended June 30,
 
2017
 
2016
 
Written
 
Earned
 
Written
 
Earned
Direct
$
12,512

 
$
99,300

 
$
(28,821
)
 
$
101,963

Assumed

 
41

 

 
43

Ceded
(1,577
)
 
8,576

 
(6,899
)
 
7,804

Net premiums
$
14,089

 
$
90,765

 
$
(21,922
)
 
$
94,202


The following table summarizes net premiums earned by location of risk for the respective periods:
 
 
Three Months Ended June 30,
 
Six Months Ended June 30,
 
 
2017
 
2016
 
2017
 
2016
United States
 
$
36,006

 
$
34,632

 
$
76,627

 
$
80,746

United Kingdom
 
5,558

 
6,704

 
10,821

 
13,092

Other international
 
1,588

 
66

 
3,317

 
364

Total
 
$
43,152

 
$
41,402

 
$
90,765

 
$
94,202


The table below summarizes the future gross undiscounted premiums to be collected and future premiums earned, net of reinsurance at June 30, 2017:
 
Future premiums
to be collected
(1)
 
Future
premiums to
be earned net of
reinsurance
(1)
Three months ended:
 
 
 
September 30, 2017
$
17,154

 
$
23,632

December 31, 2017
14,693

 
20,366

Twelve months ended:
 
 
 
December 31, 2018
61,748

 
72,838

December 31, 2019
58,367

 
66,387

December 31, 2020
55,492

 
62,269

December 31, 2021
49,222

 
57,042

Five years ended:
 
 
 
December 31, 2026
217,611

 
233,432

December 31, 2031
173,390

 
157,907

December 31, 2036
102,072

 
88,261

December 31, 2041
35,463

 
30,421

December 31, 2046
16,977

 
14,596

December 31, 2051
5,250

 
6,148

December 31, 2056
240

 
686

Total
$
807,679

 
$
833,985

(1)
Future premiums to be collected are undiscounted and are used to derive the discounted premium receivable asset recorded on Ambac's balance sheet. Future premiums to be earned, net of reinsurance relate to the unearned premiums liability and deferred ceded premium asset recorded on Ambac’s balance sheet. The use of contractual lives for many bond types which do not have homogeneous pools of underlying collateral is required in the calculation of the premium receivable, as further described in Note 2. Basis of Presentation and Significant Accounting Policies in the Notes to Consolidated Financial Statements included in Ambac's Annual Report on Form 10-K for the year ended December 31, 2016. This results in a different premium receivable balance than if expected lives were considered. If installment paying policies are retired or prepay early, premiums reflected in the premium receivable asset and amounts reported in the above table for such policies may not be collected. Future premiums to be earned also considers the use of contractual lives for many bond types which do not have homogeneous pools of underlying collateral, which may result in different unearned premium than if expected lives were considered. If those bonds types are retired early, premium earnings may be negative in the period of call or refinancing.
Loss and Loss Expense Reserves:
The loss and loss expense reserve (“loss reserve”) policy for financial guarantee insurance relates only to Ambac’s non-derivative insurance business for insurance policies issued to beneficiaries, including VIEs, for which we do not consolidate the VIE. Losses and loss expenses are based upon estimates of the ultimate aggregate losses inherent in the non-derivative financial guarantee portfolio as of the reporting date. A loss reserve is recorded on the balance sheet on a policy-by-policy basis. Loss reserve components of an insurance policy include unpaid claims and the present value ("PV") of expected net cash flows required to be paid under an insurance contract, further described below:
Unpaid claims represent the sum of (i) claims presented and not yet paid for policies allocated to the Segregated Account, including Deferred Amounts and (ii) accrued interest on Deferred Amounts as required by the amended Segregated Account Rehabilitation Plan that became effective on June 12, 2014. Refer to Note 1. Background and Business Description in the Notes to Consolidated Financial Statements included in Ambac's Annual Report on Form 10-K for further discussion of the amended Segregated Account Rehabilitation Plan. Unpaid claims are measured based on the cost of settling the claims, which is principal plus accrued interest.
The PV of expected net cash flows represents the PV of expected cash outflows less the PV of expected cash inflows. The PV of expected net cash flows are impacted by: (i) expected future claims to be paid under an insurance contract, including the impact of potential settlement outcomes upon future installment premiums, (ii) expected recoveries from contractual breaches of RMBS representations and warranties ("R&W") by transaction sponsors, (iii) excess spread within the underlying transaction's cash flow structure, and (iv) other subrogation recoveries. Expected receipts from third parties within the underlying transaction's cash flow structure relating to contractual breaches in non-RMBS securitizations may also reduce expected future claims. Ambac’s approach to resolving disputes involving contractual breaches by transaction sponsors or other third parties has included negotiations and/or pursuing litigation. Ambac does not include potential recoveries attributed solely to fraudulent inducement claims in our estimate of subrogation recoveries, since any remedies under such claims would be non-contractual.
Net cash outflow policies represent contracts where the sum of unpaid claims plus the PV of expected cash outflows are greater than the PV of expected cash inflows. For such policies, a “Loss and loss expense reserves” liability is recorded for the sum of: (i) unpaid claims plus (ii) the excess of the PV of expected net cash outflows over the unearned premium revenue. Net cash inflow policies represent contracts where losses have been paid, but not yet recovered, such that the PV of expected cash inflows are greater than the sum of unpaid claims plus the PV of expected cash outflows. For such policies, a “Subrogation recoverable” asset is recorded for the difference between (i) the PV of expected net cash inflows and (ii) unpaid claims.
The approaches used to estimate expected future claims and expected future recoveries considers the likelihood of all possible outcomes. The evaluation process for determining expected losses is subject to material estimates and judgments based on our assumptions regarding the probability of default by the issuer of the insured security, probability of settlement outcomes (which may include commutation settlements, refinancing and/or other settlement outcomes), expected severity of credits for each insurance contract, and the timing of expected events including default, commutation and recovery. Ambac’s loss reserves are based on management’s on-going review of the financial guarantee credit portfolio. Below are the components of the Loss and loss expense reserves liability and the Subrogation recoverable asset at June 30, 2017 and December 31, 2016:
 
Unpaid Claims
 
Present Value of Expected
Net Cash Flows
 
 
 
 
Balance Sheet Line Item
Claims
 
Accrued
Interest
 
Claims and
Loss Expenses
 
Recoveries
 
Unearned
Premium
Revenue
 
Gross Loss and
Loss Expense
Reserves
June 30, 2017:
 
 
 
 
 
 
 
 
 
 
 
Loss and loss expense reserves
$
2,418,005

 
$
600,510

 
$
2,869,074

 
$
(1,158,779
)
 
$
(146,657
)
 
$
4,582,153

Subrogation recoverable
581,533

 
148,878

 
41,217

 
(1,430,503
)
 

 
(658,875
)
Totals
$
2,999,538

 
$
749,388

 
$
2,910,291

 
$
(2,589,282
)
 
$
(146,657
)
 
$
3,923,278

 
 
 
 
 
 
 
 
 
 
 
 
December 31, 2016:
 
 
 
 
 
 
 
 
 
 
 
Loss and loss expense reserves
$
2,411,105

 
$
529,703

 
$
2,681,198

 
$
(1,098,096
)
 
$
(143,141
)
 
$
4,380,769

Subrogation recoverable
583,042

 
132,139

 
68,419

 
(1,468,331
)
 

 
(684,731
)
Totals
$
2,994,147

 
$
661,842

 
$
2,749,617

 
$
(2,566,427
)
 
$
(143,141
)
 
$
3,696,038


Below is the loss and loss expense reserve roll-forward, net of subrogation recoverable and reinsurance, for the affected periods:
 
Six Months Ended June 30,
 
2017
 
2016
Beginning gross loss and loss expense reserves
$
3,696,038

 
$
2,858,813

Reinsurance recoverable
30,767

 
44,059

Beginning balance of net loss and loss expense reserves
3,665,271

 
2,814,754

Losses and loss expenses (benefit):
 
 
 
Current year
5,137

 
12

Prior year
195,974

 
(157,789
)
Total (1) (2)
201,111

 
(157,777
)
Loss and loss expenses (recovered) paid:
 
 
 
Current year
153

 

Prior year
7,607

 
(1,011,956
)
Total
7,760

 
(1,011,956
)
Foreign exchange effect
17,622

 
(48,260
)
Ending net loss and loss expense reserves
3,876,244

 
3,620,673

Reinsurance recoverable (3)
47,034

 
30,108

Ending gross loss and loss expense reserves (4)
$
3,923,278

 
$
3,650,781


(1)
Total losses and loss expenses (benefit) includes $(16,469) and $7,607 for the six months ended June 30, 2017 and 2016, respectively, related to ceded reinsurance.
(2)
Ambac records the impact of estimated recoveries related to securitized loans in RMBS transactions that breached certain R&Ws within losses and loss expenses (benefit). The losses and loss expense (benefit) incurred associated with changes in estimated representation and warranties for the six months ended June 30, 2017 and 2016 was $22,175 and $(48,646), respectively.
(3)
Represents reinsurance recoverable on future loss and loss expenses. Additionally, the Balance Sheet line "Reinsurance recoverable on paid and unpaid losses" includes reinsurance recoverables (payables) of $(568) and $(1,404) as of June 30, 2017 and 2016, respectively, related to previously presented loss and loss expenses and subrogation.
(4)
Includes Euro denominated gross loss and loss expense reserves of $20,212 (€17,699) and $16,655 (€15,029) at June 30, 2017 and 2016, respectively.
For 2017, the net adverse development was primarily the result of negative development in certain public finance transactions, including Puerto Rico, and interest accrued on Deferred Amounts partially offset by positive development in certain Ambac UK transactions.
For 2016, the net positive development was primarily the result of lower estimated projected losses in the RMBS and Student Loan portfolios partially offset by interest accrued on Deferred Amounts and by negative development in certain public finance, including Puerto Rico, and Ambac UK transactions.
The tables below summarize information related to policies currently included in Ambac’s loss and loss expense reserves or subrogation recoverable at June 30, 2017 and December 31, 2016. Gross par exposures include capital appreciation bonds which are reported at the par amount at the time of issuance of the insurance policy as opposed to the current accreted value of the bond. The weighted average risk-free rate used to discount loss reserves at June 30, 2017 and December 31, 2016 was 2.5% and 2.7%, respectively.
Surveillance Categories as of June 30, 2017
 
I/SL
 
IA
 
II
 
III
 
IV
 
V
 
Total
Number of policies
23

 
23

 
33

 
47

 
168

 
4

 
298

Remaining weighted-average contract period (in years) (1)
11

 
22

 
11

 
21

 
13

 
3

 
16

Gross insured contractual payments outstanding:
 
 
 
 
 
 
 
 
 
 
 
 
 
Principal
$
1,050,971

 
$
418,857

 
$
1,630,620

 
$
2,591,392

 
$
7,347,507

 
$
49,370

 
$
13,088,717

Interest
327,175

 
376,557

 
730,585

 
7,624,470

 
2,293,047

 
18,197

 
11,370,031

Total
$
1,378,146

 
$
795,414

 
$
2,361,205

 
$
10,215,862

 
$
9,640,554

 
$
67,567

 
$
24,458,748

Gross undiscounted claim liability (2)
$
3,845

 
$
33,672

 
$
110,022

 
$
1,430,192

 
$
6,058,978

 
$
67,526

 
$
7,704,235

Discount, gross claim liability
(363
)
 
(4,758
)
 
(19,363
)
 
(504,001
)
 
(599,815
)
 
(4,663
)
 
(1,132,963
)
Gross claim liability before all subrogation and before reinsurance
3,482

 
28,914

 
90,659

 
926,191

 
5,459,163

 
62,863

 
6,571,272

Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross RMBS subrogation (3)
$

 
$

 
$

 
$

 
$
(1,908,130
)
 
$

 
$
(1,908,130
)
Discount, RMBS subrogation

 

 

 

 
23,674

 

 
23,674

Discounted RMBS subrogation, before reinsurance

 

 

 

 
(1,884,456
)
 

 
(1,884,456
)
Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross other subrogation (4)

 

 
(18,962
)
 
(152,634
)
 
(596,660
)
 
(12,679
)
 
(780,935
)
Discount, other subrogation

 

 
8,889

 
11,529

 
52,126

 
3,565

 
76,109

Discounted other subrogation, before reinsurance

 

 
(10,073
)
 
(141,105
)
 
(544,534
)
 
(9,114
)
 
(704,826
)
Gross claim liability, net of all subrogation and discounts, before reinsurance
3,482

 
28,914

 
80,586

 
785,086

 
3,030,173

 
53,749

 
3,981,990

Less: Unearned premium revenue
(2,114
)
 
(6,758
)
 
(18,329
)
 
(61,611
)
 
(57,462
)
 
(383
)
 
(146,657
)
Plus: Loss expense reserves
13,481

 
2,174

 
331

 
18,414

 
53,396

 
149

 
87,945

Gross loss and loss expense reserves
$
14,849

 
$
24,330

 
$
62,588

 
$
741,889

 
$
3,026,107

 
$
53,515

 
$
3,923,278

Reinsurance recoverable reported on Balance Sheet (5)
$
170

 
$
2,697

 
$
14,704

 
$
45,897

 
$
(17,002
)
 
$

 
$
46,466

 
(1)
Remaining weighted-average contract period is weighted based on projected gross claims over the lives of the respective policies.
(2)
Gross undiscounted claim liability includes unpaid claims, including accrued interest on Deferred Amounts, on policies allocated to the Segregated Account and Ambac's estimate of expected future claims.
(3)
RMBS subrogation represents Ambac’s estimate of subrogation recoveries from RMBS transaction sponsors for representation and warranty ("R&W") breaches.
(4)
Other subrogation represents subrogation related to excess spread and other contractual cash flows on public finance and structured finance transactions, including RMBS.
(5)
Reinsurance recoverable reported on Balance Sheet includes reinsurance recoverables of $47,034 related to future loss and loss expenses and $(568) related to presented loss and loss expenses and subrogation.
Surveillance Categories as of December 31, 2016
 
I/SL
 
IA
 
II
 
III
 
IV
 
V
 
Total
Number of policies
19

 
22

 
26

 
43

 
169

 
3

 
282

Remaining weighted-average contract period (in years) (1)
9

 
8

 
30

 
17

 
14

 
5

 
16

Gross insured contractual payments outstanding:
 
 
 
 
 
 
 
 
 
 
 
 
 
Principal
$
918,456

 
$
733,036

 
$
1,992,543

 
$
1,779,889

 
$
7,926,991

 
$
49,247

 
$
13,400,162

Interest
345,802

 
199,631

 
7,080,969

 
1,110,051

 
2,275,421

 
14,185

 
11,026,059

Total
$
1,264,258

 
$
932,667

 
$
9,073,512

 
$
2,889,940

 
$
10,202,412

 
$
63,432

 
$
24,426,221

Gross undiscounted claim liability (2)
$
3,439

 
$
21,175

 
$
547,550

 
$
861,455

 
$
6,139,060

 
$
63,431

 
$
7,636,110

Discount, gross claim liability
(314
)
 
(1,243
)
 
(331,234
)
 
(256,108
)
 
(710,608
)
 
(5,859
)
 
(1,305,366
)
Gross claim liability before all subrogation and before reinsurance
3,125

 
19,932

 
216,316

 
605,347

 
5,428,452

 
57,572

 
6,330,744

Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross RMBS subrogation (3)

 

 

 

 
(1,926,165
)
 

 
(1,926,165
)
Discount, RMBS subrogation

 

 

 

 
19,130

 

 
19,130

Discounted RMBS subrogation, before reinsurance

 

 

 

 
(1,907,035
)
 

 
(1,907,035
)
Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross other subrogation (4)

 

 
(14,529
)
 
(118,272
)
 
(593,919
)
 
(12,751
)
 
(739,471
)
Discount, other subrogation

 

 
6,526

 
13,426

 
56,273

 
3,854

 
80,079

Discounted other subrogation, before reinsurance

 

 
(8,003
)
 
(104,846
)
 
(537,646
)
 
(8,897
)
 
(659,392
)
Gross claim liability, net of all subrogation and discounts, before reinsurance
3,125

 
19,932

 
208,313

 
500,501

 
2,983,771

 
48,675

 
3,764,317

Less: Unearned premium revenue
(2,394
)
 
(1,807
)
 
(49,578
)
 
(31,785
)
 
(57,194
)
 
(383
)
 
(143,141
)
Plus: Loss expense reserves
6,621

 
339

 
777

 
11,036

 
56,089

 

 
74,862

Gross loss and loss expense reserves
$
7,352

 
$
18,464

 
$
159,512

 
$
479,752

 
$
2,982,666

 
$
48,292

 
$
3,696,038

Reinsurance recoverable reported on Balance Sheet (5)
$
120

 
$
6,063

 
$
2,737

 
$
39,352

 
$
(17,854
)
 
$

 
$
30,418

(1)
Remaining weighted-average contract period is weighted based on projected gross claims over the lives of the respective policies.
(2)
Gross undiscounted claim liability includes unpaid claims, including accrued interest on Deferred Amounts, on policies allocated to the Segregated Account and Ambac's estimate of expected future claims.
(3)
RMBS subrogation represents Ambac’s estimate of subrogation recoveries from RMBS transaction sponsors for R&W breaches.
(4)
Other subrogation represents subrogation related to excess spread and other contractual cash flows on public finance and structured finance transactions, including RMBS.
(5)
Reinsurance recoverable reported on Balance Sheet includes reinsurance recoverables of $30,767 related to future loss and loss expenses and $(349) related to presented loss and loss expenses and subrogation.
Ambac records estimated subrogation recoveries for breaches of R&Ws by sponsors of certain RMBS transactions. For a discussion of the Random Sample approach utilized to estimate R&W subrogation recoveries, see Note 2. Basis of Presentation and Significant Accounting Policies in the Notes to Consolidated Financial Statements included Part II, Item 8 in the Company’s Annual Report on Form 10-K for the year ended December 31, 2016. R&W subrogation may include estimates of potential sponsor settlements, but have not been subject to a sampling approach. However, such estimates are not material to Ambac’s financial results and therefore are included in the Random Sample section of this table.
Ambac has recorded R&W subrogation recoveries of $1,884,456 ($1,856,565 net of reinsurance) and $1,907,035 ($1,878,740 net of reinsurance) at June 30, 2017 and December 31, 2016, respectively. The balance of R&W subrogation recoveries and the related loss reserves, using the Random Sample estimation approach, at June 30, 2017 and December 31, 2016, are as follows:
Random Sample Approach
 
Gross loss
reserves before
subrogation
recoveries
(1)
 
Subrogation
recoveries
(2)(3)
 
Gross loss
reserves after
subrogation
recoveries
At June 30, 2017
 
$
1,360,985

 
$
(1,884,456
)
 
$
(523,471
)
 
 
 
 
 
 
 
At December 31, 2016
 
$
1,351,640

 
$
(1,907,035
)
 
$
(555,395
)
(1)
Amount represents gross loss reserves for policies that have established a representation and warranty subrogation recovery. Includes unpaid RMBS claims, including accrued interest on Deferred Amounts, on policies allocated to the Segregated Account.
(2)
The amount of recorded subrogation recoveries related to each securitization is limited to ever-to-date paid and unpaid losses plus the present value of expected future cash flows for each policy. To the extent losses have been paid but not yet fully recovered, the recorded amount of R&W subrogation recoveries may exceed the sum of the unpaid claims and the present value of expected cash flows for a given policy. The net cash inflow for these policies is recorded as a “Subrogation recoverable” asset. For those transactions where the subrogation recovery is less than the sum of unpaid claims and the present value of expected cash flows, the net cash outflow for these policies is recorded as a “Loss and loss expense reserves” liability.
(3)
The sponsor’s repurchase obligation may differ depending on the terms of the particular transaction and the status of the specific loan, such as whether it is performing or has been liquidated or charged off. The estimated subrogation recovery for these transactions is based primarily on loan level data provided through trustee reports received in the normal course of our surveillance activities or provided by the sponsor. While this data may not include all the components of the sponsor’s contractual repurchase obligation we believe it is the best information available to estimate the subrogation recovery.
Below is the rollforward of R&W subrogation, by random sample estimation approach, for the affected periods:
 
Six Months Ended June 30,
 
2017
 
2016
Discounted R&W subrogation (gross of reinsurance) at beginning of period
$
1,907,035

 
$
2,829,575

Changes recognized during the period:
 
 
 
Impact of sponsor actions (1)

 
(995,000
)
All other changes (2)
(22,579
)
 
49,251

Discounted R&W subrogation (gross of reinsurance) at end of period
$
1,884,456

 
$
1,883,826

(1)
Sponsor actions include loan repurchases, direct payments to Ambac and other contributions from sponsors. In January 2016, Ambac Assurance settled its RMBS-related disputes and litigation against JP Morgan Chase & Co. and certain of its affiliates (collectively "JP Morgan"). Pursuant to the settlement, JP Morgan paid Ambac Assurance $995,000 in cash in return for releases of all of Ambac Assurance's claims against JP Morgan arising from certain RMBS transactions insured by Ambac Assurance. Ambac Assurance also agreed to withdraw its objections to JP Morgan's global RMBS settlement with RMBS trustees.
(2)
All other changes which may impact R&W subrogation recoveries include changes in actual or projected collateral performance, changes in the creditworthiness of a sponsor and/or the projected timing of recoveries. All other changes may also include estimates of potential sponsor settlements that may not have been subject to a sampling approach or have been executed but the settlement amounts have not yet been received. Those that have not been subject to a sampling approach are not material to Ambac’s financial results and therefore are included in the Random Sample column of this table.
Our ability to realize R&W subrogation recoveries is subject to significant uncertainty, including risks inherent in litigation, collectability of such amounts from counterparties (and/or their respective parents and affiliates), timing of receipt of any such recoveries, intervention by the Rehabilitator or OCI, which could impede our ability to take actions required to realize such recoveries, and uncertainty inherent in the assumptions used in estimating such recoveries.
Insurance intangible asset:
The insurance intangible amortization expense is included in insurance intangible amortization on the Consolidated Statements of Total Comprehensive Income (Loss). For the three and six months ended June 30, 2017, the insurance intangible amortization expense was $33,471 and $70,996, respectively and for the three and six months ended June 30, 2016, the insurance intangible amortization expenses was $39,013 and $89,903, respectively. As of June 30, 2017 and December 31, 2016, the gross carrying value of the insurance intangible asset was $1,561,592 and $1,534,419, respectively. Accumulated amortization of the insurance intangible asset was $649,419 and $572,339, as of June 30, 2017 and December 31, 2016, respectively, resulting in a net insurance intangible asset of $912,173 and $962,080, respectively.
The estimated future amortization expense for the net insurance intangible asset is as follows:
 
 
2017
 
2018
 
2019
 
2020
 
2021
 
Thereafter
Amortization expense (1)
 
$
45,673

 
$
80,743

 
$
72,291

 
$
66,509

 
$
60,041

 
$
586,916


(1)  
Future amortization considers the use of contractual lives for many bond types which do not have homogeneous pools of underlying collateral. Actual maturities will differ from contractual maturities because borrowers may have the right to call or prepay certain obligations. If those bonds types are retired early, amortization expense may differ in the period of call or refinancing. If consummated, the Segregated Account transaction highlighted in Note 1. Background and Business Description will cause an acceleration of amortization expense for a portion of the insurance intangible asset.