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Financial Guarantee Insurance Contracts
6 Months Ended
Jun. 30, 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 June 30, 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 June 30, 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 June 30, 2018 and December 31, 2017, $9,329 and $9,331 respectively, of premium receivables were deemed uncollectable. As of June 30, 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 16% and 16% of the total premium receivables at June 30, 2018 and December 31, 2017, respectively. Past due premiums on policies insuring non-investment grade obligations amounted to less than $500 at June 30, 2018.
Below is the gross premium receivable roll-forward for the affected periods:
 
 
Six Months Ended June 30,
 
 
2018
 
2017
Beginning premium receivable
 
$
586,312

 
$
661,337

Premium receipts
 
(29,822
)
 
(33,953
)
Adjustments for changes in expected and contractual cash flows
 
(5,066
)
 
4,285

Accretion of premium receivable discount
 
7,627

 
8,379

Changes to uncollectable premiums
 
(11
)
 
(151
)
Other adjustments (including foreign exchange)
 
(5,082
)
 
13,279

Ending premium receivable (1)
 
$
553,958

 
$
653,176


(1)
Gross premium receivable includes premiums to be received in foreign denominated currencies most notably in British Pounds and Euros. At June 30, 2018 and 2017, premium receivables include British Pounds of $151,316 (£114,729) and $192,983 (£148,277), respectively, and Euros of $33,114 (€28,380) and $35,814 (€31,361), 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, 2018 was $6,103 and $15,495, respectively, and for the three and six months ended June 30, 2017 was $13,190 and $29,470, 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,
 
Six Months Ended June 30,
 
2018
 
2017
 
2018
 
2017
 
Written
 
Earned
 
Written
 
Earned
 
Written
 
Earned
 
Written
 
Earned
Direct
$
(611
)
 
$
27,339

 
$
6,928

 
$
47,235

 
$
3,650

 
$
59,947

 
$
12,512

 
$
99,300

Assumed

 
19

 

 
20

 

 
39

 

 
41

Ceded
(224
)
 
1,522

 
238

 
4,103

 
(1,043
)
 
3,267

 
(1,577
)
 
8,576

Net premiums
$
(387
)
 
$
25,836

 
$
6,690

 
$
43,152

 
$
4,693

 
$
56,719

 
$
14,089

 
$
90,765


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,
 
 
2018
 
2017
 
2018
 
2017
United States
 
$
19,752

 
$
36,006

 
$
44,469

 
$
76,627

United Kingdom
 
4,958

 
5,558

 
9,815

 
10,821

Other international
 
1,126

 
1,588

 
2,435

 
3,317

Total
 
$
25,836

 
$
43,152

 
$
56,719

 
$
90,765


The table below summarizes the future gross undiscounted premiums to be collected and future premiums earned, net of reinsurance at June 30, 2018:
 
Future Premiums
to be Collected
(1)
 
Future
Premiums to
be Earned Net of
Reinsurance
(1)
Three months ended:
 
 
 
September 30, 2018
$
14,870

 
$
15,557

December 31, 2018
11,906

 
15,396

Twelve months ended:
 
 
 
December 31, 2019
53,357

 
58,623

December 31, 2020
50,663

 
54,829

December 31, 2021
44,623

 
50,054

December 31, 2022
42,702

 
46,732

Five years ended:
 
 
 
December 31, 2027
190,365

 
190,800

December 31, 2032
149,700

 
128,304

December 31, 2037
84,272

 
71,289

December 31, 2042
30,773

 
24,543

December 31, 2047
14,357

 
12,732

December 31, 2052
3,621

 
4,647

December 31, 2057
95

 
297

Total
$
691,304

 
$
673,803

(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 June 30, 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
June 30, 2018:
 
 
 
 
 
 
 
 
 
 
 
Loss and loss expense reserves
$

 
$

 
$
2,484,967

 
$
(306,232
)
 
$
(121,401
)
 
$
2,057,334

Subrogation recoverable

 

 
264,850

 
(2,141,038
)
 

 
(1,876,188
)
Totals
$

 
$

 
$
2,749,817

 
$
(2,447,270
)
 
$
(121,401
)
 
$
181,146

 
 
 
 
 
 
 
 
 
 
 
 
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:
 
Six Months Ended June 30,
 
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
996

 
5,137

Prior years
(215,812
)
 
195,974

Total (1) (2) (3)
(214,816
)
 
201,111

Loss and loss expenses paid (recovered):
 
 
 
Current year
105

 
153

Prior years (3)
3,708,992

 
7,607

Total
3,709,097

 
7,760

Foreign exchange effect
(6,378
)
 
17,622

Ending net loss and loss expense reserves
142,853

 
3,876,244

Reinsurance recoverable (4)
38,293

 
47,034

Ending gross loss and loss expense reserves (5)
$
181,146

 
$
3,923,278


(1)
Total losses and loss expenses (benefit) includes $870 and $(16,469) for the six months ended June 30, 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 six months ended June 30, 2018 and 2017 was $17,602 and $22,175, 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 $778 and $(568) as of June 30, 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 $15,084 (€12,927) and $20,212 (€17,699) at June 30, 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 Public Finance and RMBS portfolio and interest accrued on Deferred Amounts prior to the Rehabilitation Exit Transactions.
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.
The tables below summarize information related to policies currently included in Ambac’s loss and loss expense reserves or subrogation recoverable at June 30, 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 June 30, 2018 and December 31, 2017 was 2.9% and 2.5%, respectively.
Surveillance Categories as of June 30, 2018
 
I
 
IA
 
II
 
III
 
IV
 
V
 
Total
Number of policies
29

 
26

 
13

 
19

 
149

 
4

 
240

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

 
22

 
9

 
23

 
13

 
4

 
16

Gross insured contractual payments outstanding:
 
 
 
 
 
 
 
 
 
 
 
 
 
Principal
$
968,349

 
$
571,525

 
$
583,420

 
$
1,925,546

 
$
5,902,142

 
$
43,972

 
$
9,994,954

Interest
523,712

 
578,171

 
228,073

 
7,175,101

 
2,284,742

 
15,231

 
10,805,030

Total
$
1,492,061

 
$
1,149,696

 
$
811,493

 
$
9,100,647

 
$
8,186,884

 
$
59,203

 
$
20,799,984

Gross undiscounted claim liability
$
4,231

 
$
56,137

 
$
48,815

 
$
1,399,682

 
$
2,474,435

 
$
59,171

 
$
4,042,471

Discount, gross claim liability
(534
)
 
(14,068
)
 
(6,569
)
 
(660,579
)
 
(680,162
)
 
(5,095
)
 
(1,367,007
)
Gross claim liability before all subrogation and before reinsurance
3,697

 
42,069

 
42,246

 
739,103

 
1,794,273

 
54,076

 
2,675,464

Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross RMBS subrogation (2)

 

 

 

 
(1,851,859
)
 

 
(1,851,859
)
Discount, RMBS subrogation

 

 

 

 
35,474

 

 
35,474

Discounted RMBS subrogation, before reinsurance

 

 

 

 
(1,816,385
)
 

 
(1,816,385
)
Less:
 
 
 
 
 
 
 
 
 
 
 
 
 
Gross other subrogation (3)

 
(8,855
)
 

 
(45,560
)
 
(645,275
)
 
(13,095
)
 
(712,785
)
Discount, other subrogation

 
5,982

 

 
7,328

 
64,553

 
4,037

 
81,900

Discounted other subrogation, before reinsurance

 
(2,873
)
 

 
(38,232
)
 
(580,722
)
 
(9,058
)
 
(630,885
)
Gross claim liability, net of all subrogation and discounts, before reinsurance
3,697

 
39,196

 
42,246

 
700,871

 
(602,834
)
 
45,018

 
228,194

Less: Unearned premium revenue
(1,425
)
 
(9,951
)
 
(8,700
)
 
(43,963
)
 
(57,120
)
 
(242
)
 
(121,401
)
Plus: Loss expense reserves
2,778

 
1,419

 
1,116

 
8,823

 
60,217

 

 
74,353

Gross loss and loss expense reserves
$
5,050

 
$
30,664

 
$
34,662

 
$
665,731

 
$
(599,737
)
 
$
44,776

 
$
181,146

Reinsurance recoverable reported on Balance Sheet (4)
$
237

 
$
4,404

 
$
8,414

 
$
38,028

 
$
(12,012
)
 
$

 
$
39,071

 
(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 $38,293 related to future loss and loss expenses and $778 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 defaulted and may 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 a number of factors including demographic trends, economic growth, tax policy and revenues, impact of reforms, fiscal plans, government actions, budgetary performance and flexibility, weather events, litigation outcomes, as well as federal funding of Commonwealth needs. In the near term, the financial and economic outlook for Puerto Rico is dependent upon a still fragile infrastructure, heightening its vulnerability to a weather event. Even as the Commonwealth entered the 2018 hurricane season, the Puerto Rico government continued to deal with the lasting effects of 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 Commonwealth economy and its essential infrastructure will likely be dependent on, amongst other factors, the management, usage and efficacy of federal resources. To that end, the Bipartisan Budget Act of 2018 (signed into law on February 9, 2018) requires Governor Rossello - in coordination with the FEMA administrator, the U.S. Treasury Secretary, the U.S. Energy Secretary and other federal agencies with responsibilities under the National Disaster Recovery Framework - to submit a report within six months to U.S. Congress outlining the Commonwealth’s 12- and 24-month economic and disaster recovery plan. Following the report’s submission, which occurred on August 8, 2018, the Governor and FEMA will release a public report every six months on progress toward goals outlined in the recovery plan. Transparency and accountability regarding Governor Rossello's recovery plan, amongst other aforementioned factors, will be important to ultimate creditor outcomes.
However, substantial uncertainty exists with respect to the ultimate outcome for creditors in Puerto Rico due to legislation enacted by the Commonwealth and the federal government, 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. As a result of litigation or other aspects of the restructuring processes, the difference among the credits insured by Ambac Assurance may not be respected. Ambac Assurance is also participating in a mediation process with respect to potential debt restructurings. With respect to its COFINA exposure, significant progress toward a negotiated resolution of the COFINA Title III proceeding has been made, but no assurance can be given that a Plan of Adjustment acceptable to Ambac Assurance will be agreed to or approved by the court overseeing COFINA’s Title III restructuring. Mediation may not be otherwise 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 six months ended June 30, 2018, Ambac had incurred losses associated with its Domestic Public Finance insured portfolio of $32,795, which was impacted by the continued uncertainty and volatility of the situation in Puerto Rico, partially offset by an increase in loss reserve discount rates. 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 June 30, 2018, the possible increase in loss reserves under stress or other adverse conditions and circumstances was estimated to be approximately $1,270,000. 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 $1,816,385 ($1,789,134 net of reinsurance) and $1,834,387 ($1,806,736 net of reinsurance) at June 30, 2018 and December 31, 2017, respectively. The balance of R&W subrogation recoveries and the related loss reserves at June 30, 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 June 30, 2018
 
$
158,324

 
$
(1,816,385
)
 
$
(1,658,061
)
 
 
 
 
 
 
 
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 thereon) 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:
 
Six Months Ended June 30,
 
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)
(18,002
)
 
(22,579
)
Discounted R&W subrogation (gross of reinsurance) at end of period
$
1,816,385

 
$
1,884,456

(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. Failure to realize R&W subrogation recoveries for any reason or the realization of R&W subrogation recoveries materially below the amount recorded on Ambac's consolidated balance sheet would have a material adverse effect on our results of operations and financial condition and may result in adverse consequences such as impairing the ability of Ambac Assurance to honor its financial obligations; the initiation of rehabilitation proceedings against Ambac Assurance; decreased likelihood of Ambac Assurance delivering value to Ambac, through dividends or otherwise; and a significant drop in the value of securities issued or insured by Ambac or Ambac Assurance.
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, 2018, the insurance intangible amortization expense was $23,242 and $51,878, respectively and for the three and six months ended June 30, 2017, the insurance intangible amortization expense was $33,471 and $70,996, respectively. As of June 30, 2018 and December 31, 2017, the gross carrying value of the insurance intangible asset was $1,568,403 and $1,581,156, respectively. Accumulated amortization of the insurance intangible asset was $782,195 and $734,183, as of June 30, 2018 and December 31, 2017, respectively, resulting in a net insurance intangible asset of $786,208 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)
 
$
35,309

 
$
66,024

 
$
61,165

 
$
55,771

 
$
51,920

 
$
516,019

(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.