Presentation on theme: "Milliman USA 1 Mortgage Insurance and Lender Captives 2002 Casualty Loss Reserve Seminar (CLRS) September 24, 2002 Presented by: Michael C. Schmitz, F.C.A.S.,"— Presentation transcript:
Milliman USA 1 Mortgage Insurance and Lender Captives 2002 Casualty Loss Reserve Seminar (CLRS) September 24, 2002 Presented by: Michael C. Schmitz, F.C.A.S., M.A.A.A. Principal and Consulting Actuary Milliman USA, Brookfield, Wisconsin
Milliman USA 2 Overview of Presentation Background on Milliman’s typical role for lender reinsurers Types of Reinsurance companies and structures/features Regulatory issues Accounting issues
Milliman USA 3 Milliman Role-Mortgage Reinsurance Front-End Role Request lender’s historical MI data from the primary insurers Conduct a portfolio risk analysis Determine benchmark risk assumptions Evaluate alternative structures Conduct feasibility study – assist in set-up Regulatory assistance Risk transfer/pricing opinions
Milliman USA 4 Milliman Role-Lender Reinsurers - Ongoing Role If Milliman not involved in up-front, consider: Request lender’s historical MI data from the primary insurers Conduct a portfolio risk analysis Determine benchmark risk assumptions Loss reserve analysis/opinion Reinsurance Performance Metrics (RPM) services Loan Reconciliation Reinsured Risk Analysis/Segmentation Economic Analysis Benchmarking of experience Forecasting of premium and losses Miscellaneous assistance Sounding board – ad hoc requests Mortgage Reinsurance Conference (MRC)
Milliman USA 5 Types of Reinsurance Companies Single parent captives Sponsored Captives Licensed Insurers
Milliman USA 6 Sponsored Captives The sponsored captive allows lenders, through a participation agreement, to assume risk on loss performance of the mortgage loans the participant has insured with the sponsored captive’s parent company. Sponsored captives are capitalized by mortgage insurers (parent) for participation by several lenders. Lenders must contribute capital to support losses on their loans Parent provides mortgage insurance to specific lenders who enter into participation agreements with the sponsored captive. The lender receives a percentage of the mortgage insurance premium as a participation fee in return for assumption of part of the insured risk.
Milliman USA 7 Sponsored Captives Each lender has a protected cell which separates the risks assumed by an individual lender from the risks of other participants (lenders). Structure is different, but sponsored captives operate essentially the same as wholly-owned subsidiaries of lenders. Sponsored captive enters into a reinsurance agreement with its parent, and assumes business written by its parent for the mortgage lender.
Milliman USA 8 Reinsurance Structures Quota-share: pro-rata sharing of premium and losses Excess of Loss: Reinsurer covers a layer of losses once the primary carrier's direct losses exceed an attachment point for a book year
Milliman USA 9 Reinsured Layer In Relation to Gross Risk
Milliman USA 11 MI Reinsurance Regulations Due to potential size of ceded reserves, it is important for MIs to be able to obtain reinsurance credit. Contingency Reserve is currently largest issue Security - Licensed or trust accounts or LOC’s with unaffiliated financial institutions.
Milliman USA 12 Trust Accounts Reinsurer establishes a separate trust account for each mortgage insurer Essentially all capital infusions, premiums, losses and expense cash flows go through the trust account. Reinsurers typically maintain reinsurance arrangements with several different mortgage insurers Separate trust for each
Milliman USA 13 Trust Accounts Assets restricted for the sole use and benefit of the ceding mortgage insurer. Cannot be drawn down to cover losses reinsured on behalf of other mortgage insurers. If trust account depleted by losses, certain important remedies apply. Excess funds in the trust account are eligible for release (and dividended to parent) subject to various restrictions.
Milliman USA 15 Complex Regulatory Environment OCC/OTS/Federal Reserve regulate the ability of banks & thrifts to form captives HUD regulates mortgage transactions and administers RESPA and TILA The NYID regulates MI companies licensed in NY and most are The captive’s state of domicile (e.g. Vermont) Normal FASB & Tax rules - not unique to MI captives Fannie Mae and Freddie Mac through eligibility guidelines
Milliman USA 16 RESPA (HUD) The Real Estate Settlement Procedures Act is enforced by HUD and, more effectively, by the threat of specified civil remedies that include treble damages. RESPA is broadly written: “no person shall give and no person shall accept any fee, kickback or thing of value [that is] incident to or part of a real estate settlement service…” Exempts secondary market transactions which might include reinsurance. However, both the captive owner and the ceding MI are parties to the home purchase transaction itself. August 6, 1997 letter from Nicolas Retsinas to Countrywide Funding (no legal standing but suggests how HUD may analyze captives under RESPA).
Milliman USA 17 HUD – August 6, 1997 Letter from Nicolas Retsinas to Countrywide Funding Two tiered approach to determining if specific reinsurance deals permissible Red Flags - features that may cause HUD to scrutinize a deal more closely, e.g.,: Consumer pays higher premium? Lack of consumer disclosure? Reinsurance conditioned on agreement to refer business Two Part Test - for those deals where HUD determines more scrutiny is required: I. Reinsurance actually provided - Risk Transfer II. Compensation (net premium) commensurate with risk
Milliman USA 18 Risk Transfer FASB 113: Reasonable possibility of substantial loss AICPA task force\ Attempted to develop a standard through Accounting Standards Executive Committee (AcSEC) Informal sub-group Reserving and Matching Accounting Issues
Milliman USA 19 Primary loss incurred when loan defaults (delinquent) Primary company reserves only for current delinquencies Known delinquencies (case reserves) Unreported current delinquencies (IBNR) Statutory contingency reserve Reserving Practices for Mortgage Insurance Financials For Primary Company
Milliman USA 20 Reserving Practices for Mortgage Insurance - Reinsurance Excess of loss coverage on a book year basis Reinsurers generally follow primary model Reinsurer accrues when Primary (ground- up) incurred losses exceed attachment point Cumulative paid losses + reserve for current delinquencies = cumulative incurred losses Likely no losses for first 3-5 years for each aggregate excess of loss book year
Milliman USA 21 Deferred losses for excess of loss structures However, premium is front loaded Reflects declining insurance in-force for book year Poor matching Contingency reserve mitigates this on a statutory basis Premium Deficiency Reserve if extreme on a cumulative run-off basis Reserving Practices for Mortgage Insurance - Matching
Milliman USA 22 Illustrative Premium Earnings Pattern vs. Incurred Loss Pattern Incremental One Book Year 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 12345678910 Run-off Year Percent of Ultimate Premium Earnings PatternIncurred Loss Pattern
Milliman USA 23 One way to better match would be to defer some of the premium in an UEPR Has generally been rejected Some reinsurers have considered booking an IBNR reserve for book year pooled projected losses to better match premium and losses (particularly on GAAP Statements) Example: Loss ratio approach Set aside a % of earned premium based on actuarial ultimate loss and premium expectations for each book year Adjust based on revised projections Mixed responses as to appropriateness of this approach Must seek auditors feedback Reserving Practices for Mortgage Insurance