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Financial Guarantee Insurance Contracts
3 Months Ended
Mar. 31, 2018
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 March 31, 2018 and December 31, 2017, was 2.7% and 2.5%, respectively, and the weighted average period of future premiums used to estimate the premium receivable at March 31, 2018 and December 31, 2017, was 8.9 years and 9.8 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 evaluating the credit quality of the premium receivables, management evaluates the obligor's ability to pay. For structured finance transactions, this evaluation will include a review of the priority for the payment of financial guarantee premiums to Ambac, as required by bond indentures, in the transaction's waterfall structure. The financial guarantee premium is generally senior in the waterfall. 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. At March 31, 2018 and December 31, 2017, $8,738 and $9,331 respectively, of premium receivables were deemed uncollectable. As of March 31, 2018 and December 31, 2017, approximately 21% and 22% of the premium receivables, net of uncollectable receivables, related to transactions with non-investment grade internal ratings, mainly of structured finance transactions, which comprised 14% and 16% of the total premium receivables at March 31, 2018 and December 31, 2017, respectively. Past due premiums on policies insuring non-investment grade obligations amounted to less than $500 at March 31, 2018.
Below is the gross premium receivable roll-forward for the affected periods:
 
 
Three Months Ended March 31,
 
 
2018
 
2017
Beginning premium receivable
 
$
586,312

 
$
661,337

Premium receipts
 
(15,381
)
 
(17,978
)
Adjustments for changes in expected and contractual cash flows
 
(1,289
)
 
1,352

Accretion of premium receivable discount
 
3,846

 
4,244

Changes to uncollectable premiums
 
604

 
(12
)
Other adjustments (including foreign exchange)
 
6,615

 
3,734

Ending premium receivable (1)
 
$
580,707

 
$
652,677


(1)
Gross premium receivable includes premiums to be received in foreign denominated currencies most notably in British Pounds and Euros. At March 31, 2018 and 2017, premium receivables include British Pounds of $163,926 (£116,815) and $185,204 (£147,726), respectively, and Euros of $36,679 (€29,767) and $34,908 (€32,671), 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 months ended March 31, 2018 and 2017 was $9,392 and $16,280, 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 March 31,
 
2018
 
2017
 
Written
 
Earned
 
Written
 
Earned
Direct
$
4,261

 
$
32,609

 
$
5,584

 
$
52,065

Assumed

 
19

 

 
21

Ceded
(819
)
 
1,745

 
(1,815
)
 
4,473

Net premiums
$
5,080

 
$
30,883

 
$
7,399

 
$
47,613


The following table summarizes net premiums earned by location of risk for the respective periods:
 
 
Three Months Ended March 31,
 
 
2018
 
2017
United States
 
$
24,718

 
$
40,621

United Kingdom
 
4,856

 
5,263

Other international
 
1,309

 
1,729

Total
 
$
30,883

 
$
47,613


The table below summarizes the future gross undiscounted premiums to be collected and future premiums earned, net of reinsurance at March 31, 2018:
 
Future Premiums
to be Collected
(1)
 
Future
Premiums to
be Earned Net of
Reinsurance
(1)
Three months ended:
 
 
 
June 30, 2018
$
14,957

 
$
17,037

September 30, 2018
14,771

 
16,388

December 31, 2018
12,947

 
15,946

Twelve months ended:
 
 
 
December 31, 2019
55,142

 
60,697

December 31, 2020
52,344

 
56,759

December 31, 2021
45,913

 
51,792

December 31, 2022
43,923

 
48,292

Five years ended:
 
 
 
December 31, 2027
195,614

 
196,972

December 31, 2032
153,584

 
132,598

December 31, 2037
85,689

 
73,307

December 31, 2042
31,028

 
25,070

December 31, 2047
14,425

 
12,798

December 31, 2052
3,620

 
4,656

December 31, 2057
92

 
297

Total
$
724,049

 
$
712,609

(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, 2017. 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. As a result of the Rehabilitation Exit Transactions, as of February 12, 2018, all unpaid claims for policies allocated to the Segregated Account were fully satisfied and discharged.
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, including expected receipts from third parties within the underlying transaction's cash flow structure. 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 settlements), 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 March 31, 2018 and December 31, 2017:
 
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
March 31, 2018:
 
 
 
 
 
 
 
 
 
 
 
Loss and loss expense reserves
$

 
$

 
$
2,592,778

 
$
(324,936
)
 
$
(128,741
)
 
$
2,139,101

Subrogation recoverable

 

 
275,425

 
(2,170,203
)
 

 
(1,894,778
)
Totals
$

 
$

 
$
2,868,203

 
$
(2,495,139
)
 
$
(128,741
)
 
$
244,323

 
 
 
 
 
 
 
 
 
 
 
 
December 31, 2017:
 
 
 
 
 
 
 
 
 
 
 
Loss and loss expense reserves
$
2,411,632

 
$
667,988

 
$
2,855,010

 
$
(1,054,113
)
 
$
(135,502
)
 
$
4,745,015

Subrogation recoverable
615,391

 
171,755

 
102,171

 
(1,520,530
)
 

 
(631,213
)
Totals
$
3,027,023

 
$
839,743

 
$
2,957,181

 
$
(2,574,643
)
 
$
(135,502
)
 
$
4,113,802


Below is the loss and loss expense reserve roll-forward, net of subrogation recoverable and reinsurance, for the affected periods:
 
Three Months Ended March 31,
 
2018
 
2017
Beginning gross loss and loss expense reserves
$
4,113,802

 
$
3,696,038

Reinsurance recoverable
40,658

 
30,767

Beginning balance of net loss and loss expense reserves
4,073,144

 
3,665,271

Losses and loss expenses (benefit):
 
 
 
Current year
778

 
1,543

Prior year
(248,173
)
 
133,468

Total (1) (2) (3)
(247,395
)
 
135,011

Loss and loss expenses (recovered) paid:
 
 
 
Current year

 
696

Prior year (3)
3,631,177

 
9,749

Total
3,631,177

 
10,445

Foreign exchange effect
11,016

 
5,827

Ending net loss and loss expense reserves
205,588

 
3,795,664

Reinsurance recoverable (4)
38,735

 
34,691

Ending gross loss and loss expense reserves (5)
$
244,323

 
$
3,830,355


(1)
Total losses and loss expenses (benefit) includes $1,354 and $(4,112) for the three months ended March 31, 2018 and 2017, 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 three months ended March 31, 2018 and 2017 was $800 and $13,797, respectively.
(3)
On February 12, 2018, Deferred Amounts and Interest Accrued on Deferred Amounts in the amount of $3,000,158 and $856,834, respectively were settled in connection with the Rehabilitation Exit Transactions. 2018 includes a $288,204 loss and loss expense benefit on these settled Deferred Amounts.
(4)
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 $90 and $(418) as of March 31, 2018 and 2017, respectively, related to previously presented loss and loss expenses and subrogation.
(5)
Includes Euro denominated gross loss and loss expense reserves of $21,398 (€17,366) and $20,984 (€19,639) at March 31, 2018 and 2017, respectively.
For 2018, the net positive development in prior years was primarily a result of the discount recorded on the Rehabilitation Exit Transactions partially offset by negative development in the RMBS portfolio and interest accrued on Deferred Amounts prior to the Rehabilitation Exit Transactions.
For 2017, the net adverse development in prior years was primarily driven by certain public finance transactions, primarily Puerto Rico, and interest accrued on Deferred Amounts partially offset by positive development in certain Ambac UK transactions, primarily Ballantyne. On March 25, 2017, Ambac UK agreed in principle to a confidential settlement of litigation brought by Ambac UK in the name of Ballantyne against J.P. Morgan Investment Management Inc. ("JPMIM") relating to the management of Ballantyne’s investment accounts, which were funded with the proceeds of notes issued in 2006 in connection with a structured reinsurance transaction and guaranteed in part by Ambac UK. On April 11, 2017, Ambac UK, Ballantyne and JPMIM signed a settlement agreement. Pursuant to the settlement, Ballantyne received a payment of $325,600 from JPMIM in return for releases of all claims by Ballantyne and Ambac UK. As a result of the settlement, Ambac recognized an incremental benefit through a reduction in losses and loss expenses of approximately $91,600 in the first quarter of 2017. The total benefit recognized from the settlement of the litigation will reduce the ultimate Ballantyne claims Ambac UK is expecting to pay and did not result in a direct cash payment to Ambac UK.
The tables below summarize information related to policies currently included in Ambac’s loss and loss expense reserves or subrogation recoverable at March 31, 2018 and December 31, 2017. 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 March 31, 2018 and December 31, 2017 was 2.8% and 2.5%, respectively.
Surveillance Categories as of March 31, 2018
 
I
 
IA
 
II
 
III
 
IV
 
V
 
Total
Number of policies
25

 
26

 
15

 
23

 
157

 
4

 
250

Remaining weighted-average contract period (in years) (1)
10

 
22

 
10

 
23

 
12

 
4

 
16

Gross insured contractual payments outstanding:
 
 
 
 
 
 
 
 
 
 
 
 
 
Principal
$
967,427

 
$
576,858

 
$
642,281

 
$
2,013,845

 
$
6,350,960

 
$
48,562

 
$
10,599,933

Interest
500,680

 
601,901

 
243,259

 
7,195,260

 
2,359,913

 
16,332

 
10,917,345

Total
$
1,468,107

 
$
1,178,759

 
$
885,540

 
$
9,209,105

 
$
8,710,873

 
$
64,894

 
$
21,517,278

Gross undiscounted claim liability
$
4,264

 
$
56,682

 
$
59,584

 
$
1,449,879

 
$
2,543,988

 
$
64,861

 
$
4,179,258

Discount, gross claim liability
(514
)
 
(13,866
)
 
(9,724
)
 
(693,598
)
 
(675,210
)
 
(5,113
)
 
(1,398,025
)
Gross claim liability before all subrogation and before reinsurance
3,750

 
42,816

 
49,860

 
756,281

 
1,868,778

 
59,748

 
2,781,233

Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross RMBS subrogation (2)

 

 

 

 
(1,861,894
)
 

 
(1,861,894
)
Discount, RMBS subrogation

 

 

 

 
28,384

 

 
28,384

Discounted RMBS subrogation, before reinsurance

 

 

 

 
(1,833,510
)
 

 
(1,833,510
)
Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross other subrogation (3)

 
(8,604
)
 
(4
)
 
(53,703
)
 
(675,089
)
 
(13,138
)
 
(750,538
)
Discount, other subrogation

 
5,810

 

 
9,497

 
69,630

 
3,972

 
88,909

Discounted other subrogation, before reinsurance

 
(2,794
)
 
(4
)
 
(44,206
)
 
(605,459
)
 
(9,166
)
 
(661,629
)
Gross claim liability, net of all subrogation and discounts, before reinsurance
3,750

 
40,022

 
49,856

 
712,075

 
(570,191
)
 
50,582

 
286,094

Less: Unearned premium revenue
(1,586
)
 
(10,092
)
 
(9,810
)
 
(44,754
)
 
(62,241
)
 
(258
)
 
(128,741
)
Plus: Loss expense reserves
16,141

 
3,082

 
582

 
11,146

 
56,019

 

 
86,970

Gross loss and loss expense reserves
$
18,305

 
$
33,012

 
$
40,628

 
$
678,467

 
$
(576,413
)
 
$
50,324

 
$
244,323

Reinsurance recoverable reported on Balance Sheet (4)
$
238

 
$
4,448

 
$
8,368

 
$
38,603

 
$
(12,832
)
 
$

 
$
38,825

 
(1)
Remaining weighted-average contract period is weighted based on projected gross claims over the lives of the respective policies.
(2)
RMBS subrogation represents Ambac’s estimate of subrogation recoveries from RMBS transaction sponsors for representation and warranty ("R&W") breaches.
(3)
Other subrogation represents subrogation related to excess spread and other contractual cash flows on public finance and structured finance transactions, including RMBS.
(4)
Reinsurance recoverable reported on the Balance Sheet includes reinsurance recoverables of $38,735 related to future loss and loss expenses and $90 related to presented loss and loss expenses and subrogation.
Surveillance Categories as of December 31, 2017
 
I
 
IA
 
II
 
III
 
IV
 
V
 
Total
Number of policies
26

 
20

 
26

 
22

 
179

 
4

 
277

Remaining weighted-average contract period (in years) (1)
10

 
23

 
10

 
24

 
13

 
4

 
17

Gross insured contractual payments outstanding:
 
 
 
 
 
 
 
 
 
 
 
 
 
Principal
$
1,046,267

 
$
531,190

 
$
1,199,909

 
$
1,998,861

 
$
6,862,281

 
$
48,562

 
$
11,687,070

Interest
531,657

 
584,098

 
413,045

 
7,182,715

 
2,469,765

 
16,332

 
11,197,612

Total
$
1,577,924

 
$
1,115,288

 
$
1,612,954

 
$
9,181,576

 
$
9,332,046

 
$
64,894

 
$
22,884,682

Gross undiscounted claim liability (2)
$
4,434

 
$
56,659

 
$
77,289

 
$
1,412,976

 
$
6,409,340

 
$
64,863

 
$
8,025,561

Discount, gross claim liability
(465
)
 
(13,095
)
 
(12,250
)
 
(643,897
)
 
(616,559
)
 
(4,739
)
 
(1,291,005
)
Gross claim liability before all subrogation and before reinsurance
3,969

 
43,564

 
65,039

 
769,079

 
5,792,781

 
60,124

 
6,734,556

Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross RMBS subrogation (3)

 

 

 

 
(1,857,502
)
 

 
(1,857,502
)
Discount, RMBS subrogation

 

 

 

 
23,115

 

 
23,115

Discounted RMBS subrogation, before reinsurance

 

 

 

 
(1,834,387
)
 

 
(1,834,387
)
Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross other subrogation (4)

 
(7,990
)
 
(9,371
)
 
(53,070
)
 
(743,456
)
 
(13,191
)
 
(827,078
)
Discount, other subrogation

 
5,169

 
2,550

 
8,349

 
67,045

 
3,709

 
86,822

Discounted other subrogation, before reinsurance

 
(2,821
)
 
(6,821
)
 
(44,721
)
 
(676,411
)
 
(9,482
)
 
(740,256
)
Gross claim liability, net of all subrogation and discounts, before reinsurance
3,969

 
40,743

 
58,218

 
724,358

 
3,281,983

 
50,642

 
4,159,913

Less: Unearned premium revenue
(2,126
)
 
(9,990
)
 
(12,238
)
 
(46,086
)
 
(64,786
)
 
(276
)
 
(135,502
)
Plus: Loss expense reserves
16,116

 
3,242

 
665

 
13,331

 
56,037

 

 
89,391

Gross loss and loss expense reserves
$
17,959

 
$
33,995

 
$
46,645

 
$
691,603

 
$
3,273,234

 
$
50,366

 
$
4,113,802

Reinsurance recoverable reported on Balance Sheet (5)
$
202

 
$
4,894

 
$
9,424

 
$
38,465

 
$
(11,988
)
 
$

 
$
40,997

(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 $40,658 related to future loss and loss expenses and $339 related to presented loss and loss expenses and subrogation.
Puerto Rico:
Ambac has exposure to the Commonwealth of Puerto Rico (the "Commonwealth") and its instrumentalities across several different issuing entities. Each has its own credit risk profile attributable to discrete revenue sources, direct general obligation pledges and general obligation guarantees. The Commonwealth of Puerto Rico and certain of its instrumentalities have and will continue to default on debt service payments, including payments owed on bonds insured by Ambac Assurance. Ambac Assurance may be required to make significant amounts of policy payments over the next several years, the recoverability of which is subject to great uncertainty, which may lead to material permanent losses. Our exposure to Puerto Rico is impacted by the amount of monies available for debt service, which is in turn affected by variability in economic growth, tax revenues, essential services expense as well as federal funding of Commonwealth needs. In addition, our exposure to Puerto Rico is impacted by the significant damage to the Commonwealth that was inflicted by Hurricane Maria, which made landfall on September 20, 2017, as well as Hurricane Irma, which passed just north of the island on September 6, 2017. The longer term recovery of the economy of the Commonwealth and its essential infrastructure will likely be highly dependent on, amongst other factors, the amount, timing and effectiveness of Federal aid.
Substantial uncertainty also exists with respect to the ultimate outcome for creditors in Puerto Rico due to legislation enacted by the Commonwealth and the United States, including PROMESA, as well as actions taken in reliance on such laws, including Title III filings. Ambac Assurance is involved in multiple litigations relating to such actions and other issues and may not be successful in pursuing claims or protecting its interests. Ambac Assurance is also participating in a mediation process with respect to potential debt restructurings. Mediation may not be productive or may not resolve Ambac Assurance's claims in a manner that avoids significant losses. It is possible that certain restructuring process solutions, together with associated legislation, budgetary, and/or public policy proposals could be adopted and could significantly or further impair our exposures.
While our reserving scenarios reflect a wide range of possible outcomes reflecting the significant uncertainty regarding future developments and outcomes, given our exposure to Puerto Rico and the economic, fiscal, legal and political uncertainties associated therewith as well as the uncertainties emanating from the damage caused by hurricanes Maria and Irma, our loss reserves may ultimately prove to be insufficient to cover our losses, potentially by a material amount, and may be subject to material volatility.
Ambac has considered these developments and other factors in evaluating its Puerto Rico loss reserves. During the three months ended March 31, 2018, Ambac had an incurred benefit associated with its Domestic Public Finance insured portfolio of $11,273, which was significantly impacted by an increase in loss reserve discount rates, partially offset by the continued uncertainty and volatility of the situation in Puerto Rico. While management believes its reserves are adequate to cover losses in its Public Finance insured portfolio, there can be no assurance that Ambac may not incur additional losses in the future, particularly given the developing economic, political, and legal circumstances in Puerto Rico. Such additional losses may have a material adverse effect on Ambac’s results of operations and financial condition. For public finance credits, including Puerto Rico, as well as other issuers, for which Ambac has an estimate of expected loss at March 31, 2018, the possible increase in loss reserves under stress or other adverse conditions and circumstances was estimated to be approximately $1,340,000. However, there can be no assurance that losses may not exceed such amount.
Representation and Warranty Recoveries:
Ambac records estimated subrogation recoveries for breaches of R&Ws by sponsors of certain RMBS transactions. For a discussion of the 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, 2017. R&W subrogation may include estimates of potential sponsor settlements which 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 below table.
Ambac has recorded R&W subrogation recoveries of $1,833,510 ($1,805,936 net of reinsurance) and $1,834,387 ($1,806,736 net of reinsurance) at March 31, 2018 and December 31, 2017, respectively. The balance of R&W subrogation recoveries and the related loss reserves at March 31, 2018 and December 31, 2017, are as follows:
 
 
Gross Loss
Reserves Before
Subrogation
Recoveries
(1)
 
Subrogation
Recoveries
(2)(3)
 
Gross Loss
Reserves After
Subrogation
Recoveries
At March 31, 2018
 
$
171,999

 
$
(1,833,510
)
 
$
(1,661,511
)
 
 
 
 
 
 
 
At December 31, 2017
 
$
1,366,483

 
$
(1,834,387
)
 
$
(467,904
)
(1)
Amount represents gross loss reserves for policies that have established a representation and warranty subrogation recovery. December 31, 2017 includes unpaid RMBS claims (including accrued interest on Deferred Amounts) on policies allocated to the Segregated Account, such balances have been settled via the Rehabilitation Exit Transactions.
(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 out 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.
Below is the rollforward of R&W subrogation for the affected periods:
 
Three Months Ended March 31,
 
2018
 
2017
Discounted R&W subrogation (gross of reinsurance) at beginning of period
$
1,834,387

 
$
1,907,035

Changes recognized during the period:
 
 
 
All other changes (1)
(877
)
 
(14,061
)
Discounted R&W subrogation (gross of reinsurance) at end of period
$
1,833,510

 
$
1,892,974

(1)
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. Those that have not been subject to a sampling approach are not material to Ambac’s financial results and therefore are included in 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 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 months ended March 31, 2018 and 2017, the insurance intangible amortization expense was $28,636 and $37,525, respectively. As of March 31, 2018 and December 31, 2017, the gross carrying value of the insurance intangible asset was $1,601,066 and $1,581,156, respectively. Accumulated amortization of the insurance intangible asset was $768,026 and $734,183, as of March 31, 2018 and December 31, 2017, respectively, resulting in a net insurance intangible asset of $833,040 and $846,973, respectively.
The estimated future amortization expense for the net insurance intangible asset is as follows:
 
 
2018
 
2019
 
2020
 
2021
 
2022
 
Thereafter
Amortization expense (1)
 
$
55,687

 
$
68,517

 
$
63,475

 
$
57,891

 
$
53,816

 
$
533,654

(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.