1. PROFESSIONALISM IN RATEMAKING: DO I REALLY WANT TO DO THAT? Moderator: Dave Otto The Kilbourne Company Panelists:Kevin Dyke, Chief Actuary American Physicians Assurance Corporation Tom DeFalco, Vice President New Jersey Manufacturers Insurance Group CAS Ratemaking Seminar, March 2003, San Antonio, TX.

2. Purpose of Session Committee on Professionalism Education To increase awareness of the applicability of the Code of Professional Conduct to the day-to-day work of actuaries; by means of case study discussions, to better understand the guidance the Code provides the actuary in professional and ethical situations he/she encounters.

3. How We’ll Get There n Introduction / Why is this important? n Review of the CAS Code of Professional Conduct n Short Case Studies (“Snappers”)

4. Introduction: Increased Scrutiny of Actuaries n “To date, at least fifty [legal] actions have been filed against actuaries, with over 70% coming in the last decade.” Mealey’s Litigation Report, August 2002. n ABCD received 32 cases regarding conduct in 2001.

5. Upholding the Reputation of the Profession n Enron and Arthur Andersen –Virtual collapse of Arthur Andersen Enron was less than a fraction of one percent of Andersen’s fees. Over 85,000 employees worldwide. –Public Company Accounting Oversight Board “...would replace a largely self-regulating system for the accounting profession.” Congress gave the board authority to subpoena and discipline accountants, up to revoking their licenses to practice

6. Upholding the Reputation of the Profession n Pension Actuaries and ERISA –Studebaker Corporation Oldest major auto producer in the US Shut down US operations in 1963 Pension plan covered 11,000 employees Severely underfunded pension liability –Other plans terminated before assets were accumulated –Congress stepped in with ERISA, 1974

7. So what’s an actuary to do?

8. CASUALTY ACTUARIAL SOCIETY Code of Professional Conduct

9. Professional Integrity PRECEPT 1:  An Actuary shall act honestly, with integrity and competence, and in a manner to fulfill the profession’s responsibility to the public and to uphold the reputation of the actuarial profession.

10. Qualification Standards PRECEPT 2: n An Actuary shall perform Actuarial Services only when the Actuary is qualified to do so on the basis of basic and continuing education and experience and only when the Actuary satisfies applicable qualification standards.

11. Standards of Practice PRECEPT 3: n An Actuary shall ensure that Actuarial Services performed by or under the direction of the Actuary satisfy applicable standards of practice

12. Communications and Disclosure PRECEPT 4:  An Actuary who issues an Actuarial Communication shall take appropriate steps to ensure that the Actuarial Communication is clear and appropriate to the circumstances and its intended audience and satisfies applicable standards of practice. PRECEPT 5:  An Actuary who issues an Actuarial Communication shall, as appropriate, identify the Principal(s) for whom the Actuarial Communication is issued and describe the capacity in which the Actuary serves.

13. Communications and Disclosure PRECEPT 6: XAn Actuary shall make appropriate and timely disclosure to a present or prospective Principal of the sources of all direct and indirect material compensation that the Actuary or the Actuary’s firm has received, or may receive, from another party in relation to an assignment for which the Actuary has provided, or will provide, Actuarial Services for that Principal. The disclosure of sources of material compensation that the Actuary’s firm has received, or may receive, is limited to those sources known to, or reasonably ascertainable by, the Actuary.

14. Conflict of Interest PRECEPT 7: XAn Actuary shall not knowingly perform Actuarial Services involving an actual or potential conflict of interest unless: Xthe Actuary’s ability to act fairly is unimpaired; Xthere has been disclosure of the conflict to all present and known prospective Principals whose interests would be affected by the conflict; and Xall such Principals have expressly agreed to the performance of the Actuarial Services by the Actuary.

15. Control of Work Product PRECEPT 8: XAn Actuary who performs Actuarial Services shall take reasonable steps to ensure that such services are not used to mislead other parties.

16. Confidentiality PRECEPT 9: XAn Actuary shall not disclose to another party any Confidential Information unless authorized to do so by the Principal or required to do so by law.

17. PRECEPT 10: XAn Actuary shall perform Actuarial Services with courtesy and professional respect and shall cooperate with others in the Principal’s interest. Courtesy and Cooperation

18. PRECEPT 11: XAn Actuary shall not engage in any advertising or business solicitation activities with respect to Actuarial Services that the Actuary knows or should know are false or misleading. Advertising

19. PRECEPT 12: An Actuary shall make use of membership titles and designations of a Recognized Actuarial Organization only in a manner that conforms to the practices authorized by that organization. An Actuary shall make use of membership titles and designations of a Recognized Actuarial Organization only in a manner that conforms to the practices authorized by that organization. Titles and Designations

20. Violations of the Code of Professional Conduct PRECEPT 13: XAn Actuary with knowledge of an apparent, unresolved, material violation of the Code by another Actuary should consider discussing the situation with the other Actuary and attempt to resolve the apparent violation. If such discussion is not attempted or is not successful, the Actuary shall disclose such violation to the appropriate counseling and discipline body of the profession, except where the disclosure would be contrary to Law or would divulge Confidential Information.

21. PRECEPT 14: XAn Actuary shall respond promptly, truthfully, and fully to any request for information by, and cooperate fully with, an appropriate counseling and disciplinary body of the profession in connection with any disciplinary, counseling or other proceeding of such body relating to the Code. The Actuary’s responsibility to respond shall be subject to applicable restrictions on Confidential Information and those imposed by Law. Violations of the Code of Professional Conduct

22. (What is the ABCD, anyway?) n The Actuarial Board for Counseling and Discipline “considers complaints and questions concerning possible violations of the Code…” n It also “responds to inquiries by actuaries concerning their professional conduct and, when requested to do so, provides guidance in professional matters.” - 2002 Academy Yearbook

23. “SNAPPERS” (Audience Participation Requested)

24. SNAPPER #1 You are preparing a private passenger auto rate filing for the State of Alwaysright. Your normal rate-making procedure, that you are very confident in, results in an indication of 7.8%. Your management wants you to implement this 7.8% increase. You know that Alwaysright will not allow your typical profit provision, and using the methodology supported by the State, your indication would only be 2.9%. What do you do?

25. SNAPPER #2 You are an ACAS in the ratemaking department of ABC insurance company. Your boss, an FCAS, asks you to put together a homeowners rate filing that he intends to sign. Your analysis results in a rate increase indication of 5.0%. Your boss reviews your work and says that management wants a 5.0% decrease and asks you to make some changes to some assumptions that will get the desired rate decrease. You think these changes are somewhat arbitrary and that they result in a rate indication that is at, if not below, the very low end of a reasonable range. Your boss is the only actuary signing the rate filing report. What do you do?

26. SNAPPER #3 You are doing the final review of a personal auto rate filing in the state of Penciltucky when you discover an error that not only was made in this filing, but also the prior filing which was approved by the Insurance Department and implemented. Your prior indication was 17%, and you implemented the entire indication. Had this error been found the corrected indication would have been 4.5%. What do you do?

27. SNAPPER #4 You are the actuary for a reinsurance company trying to set an excess auto reinsurance rate for a small domestic company that does not have credible data. You also reinsure a larger company, which writes basically the same business in the same state, and who has supplied you with ample data that could be used to set the rates for the smaller company. Do you use the data, as a collateral source, to develop rates for the smaller company?

28. SNAPPER #4a You are the actuary for a reinsurance company trying to set auto extended warranty quota-share reinsurance terms for Bumper-to-Bumper Insurance Company that does not have credible data. You also reinsure another company, which writes basically the same business in the same state, and who has supplied you with ample data and classification methodologies that could be used to set the rates for the smaller company. Do you use the data, as a collateral source, to help the smaller company develop rates?

29. SNAPPER #4b You are the actuary for a reinsurance company that is working through an intermediary trying to write the excess reinsurance cover for Little Known Insurance Company. The client data in the submission is not complete or fully credible, and company officials have not been helpful. A month after the deal falls through, a group of disgruntled former executives for Little Known form a new company to write the same book of business and approach your reinsurance company through a different intermediary. The actuarial data this time is also incomplete, but your company’s account executive suggests (and you agree) that the two submissions complement each other. He wants you to use both in your ratemaking work for this new opportunity. How do you respond?

30. SNAPPER #5 Your recent rate filing in the State of Nonchalance went to hearing. During the hearing, the Department’s Actuary made several misrepresentations of the data and suggested several alternatives that are in conflict with the Statement of Principle on Ratemaking. What do you do?

31. SNAPPER #6 As the Department of Insurance Actuary, you just reviewed the rate filing for Rinky-Dink Insurance Company. The filing was prepared by the Big Shot Consultant Firm. It is apparent that there are several mathematical and procedural errors in the filing which will lead to you disapprove it. Do you have any further obligations?

32. SNAPPER #7 You are the Chief Underwriter Office for a small specialty commercial lines insurance company, and an FCAS (but not MAAA or CPCU). The company employs only one actuary who is responsible for all pricing activity; the reserving work is done by an outside consultant. The actuary just prepared a rate filing for your main product, but then left the company and has not yet been replaced. As underwriter, you feel that a key trend assumption in the filing is far too high for this specialty class, although actuarially sound for the line of business as a whole. (You also know that the filing as it stands, even if approved, will put your company at a competitive disadvantage.) What should you do?