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<span class="" title="2013-06-11T20:50:35+00:00">June 11, 2013, <span>8:50 pm</span></span>
<h3 class="">Insurers Inflating Books, New York Regulator Says</h3>
<address class="">By <a href="http://dealbook.nytimes.com/author/mary-williams-walsh/" class="" title="See all posts by MARY WILLIAMS WALSH">MARY WILLIAMS WALSH</a></address>
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<p>New York State regulators are calling for a nationwide moratorium on
transactions that life insurers are using to alter their books by
billions of dollars, saying that the deals put policyholders at risk and
could lead to another taxpayer bailout.</p><p>Insurers’ use of the
secretive transactions has become widespread, nearly doubling over the
last five years. The deals now affect life insurance policies worth
trillions of dollars, according to an analysis done for The New York
Times by SNL Financial, a research and data firm.</p><p> These complex
private deals allow the companies to describe themselves as richer and
stronger than they otherwise could in their communications with
regulators, stockholders, the ratings agencies and customers, who often
rely on ratings to buy insurance.</p><p>Benjamin M. Lawsky, New York’s
superintendent of financial services, said that life insurers based in
New York had alone burnished their books by $48 billion, using what he
called “shadow insurance,” according to an investigation conducted by
his department. He <a href="http://www.dfs.ny.gov/reportpub/shadow_insurance_report_2013.pdf">issued a report</a> about the investigation late Tuesday.</p><p>The
transactions are so opaque that Mr. Lawsky said it took his team of
investigators nearly a year to follow the paper trail, even though they
had the power to subpoena documents.</p><p>Insurance is regulated by the
states, and Mr. Lawsky said his investigators found that life insurers
in New York were seeking out states with looser regulations and setting
up shell companies there for the deals. They then used those states’
tight secrecy laws to avoid scrutiny by the New York State regulators.</p><p>Insurance
regulation is based squarely on the concept of solvency — the idea that
future claims can be predicted fairly accurately and that each insurer
should track them and keep enough reserves on hand to pay all of them.
The states have detailed rules for what types of assets reserves can be
invested in. Companies are also expected to keep a little more than they
really expect to need — called their surplus — as a buffer against
unexpected events. State regulators monitor the reserves and surpluses
of companies and make sure none fall short.</p><p>Mr. Lawsky said that
because the transactions made companies look richer than they otherwise
would, some were diverting reserves to other uses, like executive
compensation or stockholder dividends.</p><p>The most frequent use, he
said, was to artificially increase companies’ risk-based capital ratios,
an important measurement of solvency that was instituted after a series
of life-insurance failures and near misses in the 1980s.</p><p>Mr.
Lawsky said he was struck by similarities between what the life insurers
were doing now and the issuing of structured mortgage securities in the
run-up to the financial crisis of 2008.</p><p>“Those practices were
used to water down capital buffers, as well as temporarily boost
quarterly profits and stock prices,” Mr. Lawsky said. “And ultimately,
those practices left those very same companies on the hook for hundreds
of billions of dollars in losses from risks hidden in the shadows, and
led to a multitrillion-dollar taxpayer bailout.”</p><p>The transactions
at issue are modeled after reinsurance, a business in which an insurance
company pays another company, a reinsurer, to take over some of its
obligations to pay claims. Reinsurance is widely used and is considered
beneficial because it allows insurers to spread their risks and remain
stable as they grow. Conventional reinsurance deals are negotiated at
arm’s length by independent companies; both sides understand the risk
and can agree on a fair price for covering it. The obligations drop off
the original insurer’s books because the reinsurer has picked them up.</p><p>Mr.
Lawsky’s investigators found, though, that life insurance groups,
including some of the best known, were creating their own shell
companies in other states or countries — outside the regulators’ view —
and saying that these so-called captives were selling them reinsurance.
The value of policies reinsured through all affiliates, including
captives, rose to $5.46 trillion in 2012, from $2.82 trillion in 2007.</p><p>The
chief problem with captive reinsurance, Mr. Lawsky said, is that the
risk is not being transferred to an independent reinsurer. Also, the
deal is not at arm’s length. And confidentiality rules make it difficult
to see what secures the obligations.</p><p>The New York State
investigators subpoenaed this information and discovered that some
states were approving deals backed by assets that would not be allowed
in New York; Mr. Lawsky referred to “hollow assets,” “naked parental
guarantees” and “conditional letters of credit.”</p><p>“Weaker collateral requirements mean the policyholders are at greater risk,” he said.</p><p>Insurers, unlike banks, have no prepaid fund like the <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_deposit_insurance_corp/index.html?inline=nyt-org">Federal Deposit Insurance Corporation</a>
to make customers whole in the event of a collapse. That’s why Mr.
Lawsky said he feared that taxpayers might have to be called to the
rescue again.</p><p>Because New York has standing to investigate only life insurers based in the state, the administration of Gov. <a href="http://topics.nytimes.com/top/reference/timestopics/people/c/andrew_m_cuomo/index.html?inline=nyt-per">Andrew M. Cuomo</a>
is calling for other states, or the federal government, to “conduct
similar investigations, to document a more complete picture of the full
extent of shadow insurance written nationwide.”</p><p>Until then, Mr.
Lawsky said, the deals should not be permitted. New York State has
already stopped approving them, but other states have not.</p><p>The
National Association of Insurance Commissioners has been examining the
same type of transactions, but its members are sharply divided about
their potential risk and what, if anything, to do about it. The group’s
proposals must be adopted by 42 state legislatures to become effective.
That seems unlikely; many states have recently passed laws allowing the
formation of captives. Gov. <a href="http://topics.nytimes.com/top/reference/timestopics/people/p/rick_perry/index.html?inline=nyt-per">Rick Perry</a> made Texas the latest contender for the business when he signed such a law this month.</p>
<p>A
new federal entity created under the Dodd-Frank financial reform law,
the Federal Insurance Office, has also been monitoring the trend and is
scheduled to discuss possible federal responses at an advisory committee
meeting on Wednesday. Any federal action would be fought hard by the
states, which have regulated insurance for more than 150 years.</p><p>New
York’s investigators could not disclose which companies are the biggest
users of reinsurance through captives because of the secrecy laws of
other states. Their report did describe some of the transactions in
detail, but with the names of the companies removed.</p><p>The separate
analysis by SNL Financial, by contrast, was based on public regulatory
filings. It did identify the life insurance companies that are the
biggest users of the transactions, both in and out of New York. They
include Transamerica, <a href="http://dealbook.on.nytimes.com/public/overview?symbol=MET&inline=nyt-org">MetLife</a>, Prudential, Hartford, Genworth, John Hancock, ReliaStar and <a href="http://dealbook.on.nytimes.com/public/overview?symbol=LNC&inline=nyt-org">Lincoln National</a>, among others. Another insurer, <a href="http://dealbook.on.nytimes.com/public/overview?symbol=ALL&inline=nyt-org">Allstate</a>, turned up in the sample even though its primary business is property and casualty, because it owns some life insurers.</p>
<p>The
big users generally appear to be publicly traded companies, which have
to meet Wall Street’s expectations for earnings growth and returns on
capital. Life insurers that are owned by their policyholders, called
mutual companies, do not have that pressure, and some, like State Farm,
Guardian and New York Life, appear not to be reinsuring through captives
at all.</p><p>MetLife said in a statement Tuesday that it “holds more
than sufficient reserves to pay claims on its policies” and added that
it used reinsurance subsidiaries “as a cost-effective way of addressing
overly conservative reserving requirements” for certain insurance
products. If it had to set aside that level of reserves more
conventionally, it said, it would either have to borrow — putting its
credit rating at risk — or raise the money by selling stock, dragging
its returns below the level its stockholders require.</p><p>“Access to
reinsurance subsidiaries significantly reduces costs to policyholders
and in some cases is necessary to enable insurers to continue to offer
certain coverage,” MetLife said.</p><p>Prudential said in a statement,
“Our captives are capitalized to a level consistent with ‘AA’ financial
strength rating targets of our issuing insurance entities.” It said that
many of its captive reinsurance transactions were done in Prudential’s
own home state, New Jersey, so the same regulators could see both ends
of the deals.</p><p>In other cases, Prudential said it reinsured
obligations through a captive entity in Arizona, Pruco Re, whose
reserves were “subject to asset adequacy testing by our actuaries.” The
company said these practices were disclosed to investors.</p><p>Other
companies using this type of reinsurance said their transactions had
been reviewed and approved by regulators, and helped them use capital
efficiently. They also said the practice allowed them to charge lower
prices, and in some cases made it possible to keep selling types of
insurance that would otherwise have been discontinued. They also said it
was appropriate to support their captives with contingent letters of
credit in cases where the likelihood of big payouts was remote.</p><p>The
Hartford said that it had sold its life insurance business to
Prudential, and was no longer in the business of writing new life
policies and reinsuring them.</p><p>Allstate said that captives and special-purpose vehicles were “a minor part of Allstate’s reinsurance business.”</p><p>SNL
Financial’s data also made it possible to see which states are courting
the transactions most eagerly — Vermont, South Carolina, Arizona,
Hawaii, Iowa and Missouri.</p><p>“If we let our guard down and ignore
this regulatory race to the bottom, taxpayers and insurance
policyholders are the ones who could get left holding the bag,” Mr.
Lawsky said in his report.</p></div>
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