1 CAS Emerging Issues Seminar April 15, 2002 Reserving for Unusual Catastrophes Dan Thomas,...
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Transcript of 1 CAS Emerging Issues Seminar April 15, 2002 Reserving for Unusual Catastrophes Dan Thomas,...
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CAS Emerging Issues SeminarApril 15, 2002
Reserving for Unusual Catastrophes
Dan Thomas, PricewaterhouseCoopersClaire Louis, PricewaterhouseCoopers
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Outline
• Individual company reserve estimate methodology
• Ongoing issues
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Individual Company Reserve Estimate Methodology
• Potential actuarial methods
• Methods used
• Underwriting methodology with assumptions
• Specific line of business considerations
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Individual Company Reserve Estimate MethodologyPotential Actuarial Methods
• CAT development factors
– Actual development history
– Problems applying to 9/11 losses
• Market share allocation
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Individual Company Reserve Estimate MethodologyMethods Used
• Insurers and reinsurers initially used exposure-based loss estimation method
• Loss estimation generally directed by underwriting with the assistance of claims and actuarial
• Companies did not anticipate a 9/11-type loss event
• Company exposure identification and management process reflected this: Most companies did not have such a process in place prior to 9/11.
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Intelligence gathering
• Intelligence vetting
• Exposure investigation
• Exposure estimation
• Loss reporting and analysis
• Loss reserving
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Intelligence gathering – identifying the exposure– Market sources – Underwriting records– Knowledge of ceding company book of business,
underwriting practices and underlying insured operations
– Predictive models– Sufficiently iterative
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Intelligence vetting – assessing the exposure information
– Source reliability
– System data integrity
– Human error
– Ceding company advices
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Exposure identification– Primary exposure areas– Product lines– Contract types– Detailed contract or policy analysis – Contract wordings
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Exposure estimation– Industry loss estimates– Market share– Large measure of uncertainty regarding extent of exposure– Reassess as new market information is received
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Loss reporting and analysis– Expert retention– Industry steering committees– Coordinating counsel– Contract terms and conditions– Discrepancies in insurer policy and reinsurance contract terms and conditions
• Occurrence• Terrorism risk exclusion (some non-U.S. reinsurers)
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Individual Company Reserve Estimate MethodologyUnderwriting Methodology with Assumptions
• Loss reserving – General philosophy– Provisions for uncertainty: portfolio versus transaction-based – IBNER (ACRs) v. bulk v.
IBNR– LAE– Volatility of ceding company or insured loss estimates– Intra-company consistency in reserving approach
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Property coverages
– Business interruption
– Extra expense
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption– Background – Threshold requirements
• Loss arising from a covered peril– Causation– Lost profits
• Interruption of insured’s business operations– “Necessary suspension of operations”: Sufficient
level of interruption– Physical damage may not be required for coverage to
attach
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption
– Coverage issues
• Replacement structure different from original structure
• Cost of rebuilding
• Period of restoration or recovery
– Time to restore versus time to improve
– Post-restoration period losses– Projected profits during period of restoration
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption
Pre-9/11 Post-9/11
Airlines Poor; losses expected for 3Q and for entire 2001; drop in business travel; GDP decline and traffic highly correlated; severe economic hardship
Grim; 40-50% decline in revenue for remainder of the year and 15-20% drop for first half of 2002.
Lodging Poor; 7-9% decline through August 2001; expect continued volatility
Grim; 20-40% short-term decline due to travel restrictions, fear to travel, worsening of the general U.S. economy; rising fuel costs
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption - Civil or military authority coverage
– Impairment of access to insured premises
– Physical loss or damage to property other than the insured premises
– Caused by or results from covered peril
– Some policies eliminate physical damage requirement
– Some policies exclude civil or military authority coverage
– Sub-limits
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption - Civil or military authority coverage
– Claims presented by airlines, airports, airport concessions, entertainment-related organizations, hotels, travel and tour companies, and transportation authorities (NY/NJ Port Authority)
– Ingress-egress
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Business Interruption - other coverages
– Contingent business interruption
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Extra Expense
– Necessary expenses that exceed normal operating costs to continue or minimize suspension of business operations
• Incurred during period of restoration
• Physical loss or damage required
• Sub-limits
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Extra Expense - Categories
– Expenses incurred when insured shifts operation to other pre-existing locations
– Cost of renting temporary office space
– Terror prevention expenses; new WTC
– Advertising expenses: Cost of changing Web site, sales literature, and marketing
– Clean-up costs
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Workers’ Compensation
– Background / definitions
– Post-traumatic stress syndrome (PTSD)
• Delayed response to stressor event: At least one month
– Occupational disease
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Worker’s Compensation - PTSD– Five days post-event: 44% of Americans reported
substantial stress (Rand Institute)– Early October 2001: 25% of Americans reported being
worried or having difficulty sleeping (Pew Research Center)
– Some project a 20% rate of PTSD in work force within 1,000 feet of WTC at time of attack
– Risks of PTSD rise with age and history of trauma, decline with higher educational level and higher quality social and economic supports
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Worker’s Compensation - PTSD
– Statutes or case law for many states excludes compensation for purely mental injury (mental-mental)
– In most states, less than 1% of total claims are purely mental (Worker’s Compensation Research Institute)
– Many states require accompanying physical injury (physical-mental)
– New York does not require physical injury
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Worker’s Compensation - PTSD– Other PTSD compensation standards:
• Unusual and extraordinary stress• Sudden, unexpected, extraordinary event• Proximity to event• Work conditions caused the injury
– Employers offering psychological counseling– Few PTSD claims reported to insurers to date
• Reporting lag not unexpected given nature of PTSD (delayed response to stressor event)
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Worker’s compensation – occupational disease
– Background / definitions
• NYS Worker’s Compensation Law
– 29 specific illnesses if contracted by persons working with certain toxic substances, including silicosis and other dust diseases, asbestosis, anthrax, lead, mercury and radium poisoning
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Worker’s compensation – occupational disease
– Exposure to asbestos and other airborne pollutants from WTC recovery and clean-up
– Health complaints reported by 4,000 emergency response personnel working on WTC clean-up
– Respiratory ailments, neurological problems, cancer
– One-year statute of limitations begins when employee is disabled and begins to lose wages
– Potentially long latency period and reporting lag
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Liability – potential coverages impacted
– General liability
• Airlines or airports for negligent security
• Building owners for negligent security and fire protection systems
– Professional liability – architects and engineers
• Negligent building design
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Liability
– Industry losses difficult to estimate
– Limitation of Silverstein and airline liability for damages under federal Air Safety and System Stabilization Act
– Probability of subrogation
– Victims’ Compensation Fund
– Single venue for all lawsuits
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Disability
– Employers required to provide under NYS law
– Provides income protection for non-employment-related injuries or sicknesses
– Does not pay for cost of medical care
– Manhattan workers, visitors, general public
– Mental and nerve-related claims, including PTSD
– Lung ailments, cancers
– Latency period
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Individual Company Reserve Estimate MethodologySpecific Line of Business Considerations
• Health
– Non-work-related injuries
– Manhattan residents: Many children
– Manhattan visitors
– “WTC cough”, chronic sinus infections, acute lung trauma
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Ongoing Issues
• Summary of paid / incurred to date
• Company reserve revisions
• Potential WTC reserving issues
• Future terrorism-related reserving issues
• 9/11 Insurance and non-insurance dispute update
• Reserving “checklist”
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Ongoing Issues
Summary of paid / incurred to date
• Types of payments
• Gross / net gap
Company reserve revisions
• Number of revisions
• Reasons for revisions
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Ongoing Issues
• Potential WTC reserving issues
– Property
• Business Interruption
– Worker’s compensation / disability / health
• PTSD
• Respiratory and neurological ailments; cancers
– Liability
• General, products
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Ongoing Issues
• Future terrorism-related reserving issues
– U.S. and global risks
– Chemical, biological, radiological attacks
• Could affect large numbers of people
• Potentially affected coverages
– Property / business interruption
– Worker’s compensation
– General liability, professional liability, products liability
» Could give rise to mass tort and class actions
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Ongoing Issues
• Insurance response to terrorism exposures
– Shut-down from a bio-hoax
• Business interruption
– Anthrax clean-up
• Property
– Pollution or contamination exclusion
– Bio-attack in workplace
• Workers’ compensation
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Ongoing Issues
• Insurance response to terrorism exposures – Cont’d.
– Anthrax testing; cost of precautionary antibiotics related to suspected anthrax exposure
• Worker’s compensation
– Protection of employees and customers against potential terrorist attacks
• To date, lawsuits filed against U.S. Postal Service, physician, and hospital
• General liability
– Pollution exclusion
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Ongoing Issues
• 9/11 Insurance Dispute Update– Silverstein
• Total of 19 insurers, Swiss Re and others• Policies did not reference Willis policy: Source of
dispute on number of occurrences• 3rd September 2002 trial date
– Silverstein: ACE, XL• Referenced Willis policy: one occurrence, not two • Defines occurrence as “all losses or damages that
are attributable directly or indirectly to one cause or to one series of similar causes”
• Settled based on one occurrence
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Ongoing Issues
• 9/11 Insurance Dispute Update – Cont’d.
– Westfield
• Lawsuit with Zurich dismissed
• Dispute will be decided through arbitration
• Zurich policy supplements Silverstein cover
– Port Authority
• No lawsuit; ongoing negotiations with insurers
• Primary issue is number of occurrences
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Ongoing Issues
• 9/11 Insurance Dispute Update – Cont’d.
– Reinsurers are challenging ceding company property & business interruption claim payments, resulting in delays in reinsurer payments
– Increase in reinsurer/ceding company disputes
• “Follow the fortunes” does not always mean “follow the settlement”
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Ongoing Issues
• Non-Insurance Dispute-Related Issues
– 90-day deadline to give notice of claim; some notices received after 90 days may be accepted
– One year deadline to file suit
– 1,300 people have given notice may sue NYC for $7.8 billion for fear of cancer and ailments related to WTC cleanup and recovery
– Under NYS law, fire fighters not entitled to worker’s compensation
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Ongoing Issues
• Non-Insurance Dispute-Related Issues – Cont’d.
– Property owners near WTC have also given notice they may file suit against NYC
– As of 1/2002 (following expiration of 90-day deadline), the Port Authority had received 87 notices of claim
– Suit filed on behalf of relatives of six airline passengers who died on 9/11: American Airlines, United Airlines, security firms at Logan, Newark, and Portland, ME, airports
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Ongoing Issues
• Reserving “checklist”
– Liability estimation
– Solvency considerations
– Ongoing business considerations
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Ongoing IssuesChecklist – Liability Estimation
• Statement of Opinion considerations
– Reinsurance Collectibility
– Applicability of financial reinsurance
– Impact on RBC or IRIS tests
– Type of opinion
– Changes in reserving methods and assumptions
– List of major risk factors
– Potential for material adverse deviation
– Materiality
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Ongoing IssuesChecklist – Liability Estimation
• Other considerations
– Booked reserve issues
– Personnel and methods used
– Uncollectible reinsurance
– Loss versus LAE
– Procedural changes in company
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Ongoing IssuesChecklist -- Solvency Considerations
• Cash flow
• Asset management
• Present to the outside world
• Reserve range uncertainty
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Ongoing IssuesChecklist -- Ongoing Business Considerations
• Reinsurance scenarios
• Policy and underwriting changes
• Changes in direction of company