every wednesday • Issue 27 • 14 january 2015 XL and Catlin agree deal Ireland-domiciled XL Group and Bermuda-domiciled Catlin Group have agreed a cash and share acquisition deal that values Catlin at about £2.79bn ($4.2bn), or 715.3p a share. The acquisition will take the form of a scheme of arrangement followed immediately by a merger, both under the Bermuda Companies Act. The total value of the offer will be388p a share in cash and 0.130 new XL shares, plus the expected final 2014 final dividend payment of 22p in cash to Catlin shareholders on the relevant record date. The total valuation is based on a £/$ exchange rate of $1.5084 and an XL share price of $35.42. XL and Catlin have agreed that, subject to the disposal of Catlin's investment in Box Innovation Group, Catlin can declare a special dividend from the distributable surplus, expected to be about 12p a share. The disposal is expected to close in Q1 2015. The price for Catlin, including the 2014 dividend but excluding the benefit from the sale of Box Innovation Group, represents a premium of just under 23% to the Catlin share price of 582p on December 16, the last day before the deal was first announced, and a 26.3% premium to the volume weighted average price for the previous month, 566p. Catlin shareholders can if they wish, and subject to certain distri- bution and geographical restrictions, vary the proportion of XL shares and cash that they receive. Catlin chief executive Stephen Catlin will become Executive Deputy Chairman and said that, following the completion of the acquisition, he intended to continue holding the new XL shares as a long-term investment. Subsequent to the deal's completion XL Group will remain the legal entity, but the trading name will become XL Catlin. Mike McGavick will remain as chief executive, with Peter Porrino as chief financial officer, Greg Hendrick as chief executive of reinsurance, Paul Brand as chief underwriting officer for insurance. McGavick observed that the deal would add immediate scale in Specialty insurance, while also creating a top-10 reinsurer with expanded alternative capital capabilities. n Continued on pages 4 & 5> AGCS begins paying AirAsia families Allianz Global Corporate & Specialty (AGCS) has begun making liability payments to relatives of those who died on AirAsia Indonesia flight QZ8501, but noted that in no way did the payments represent final settlements, according to a statement from the insurer. “We will agree further compensation in due course in consultation with all involved parties”, AGCS said. Last week there had been concerns that some cover could be voided by the insurers concerned because it transpired that AirAsia Indonesia did not have a licence to fly on Sundays. However, Firdaus Djaelan, a supervisor at the Indonesian financial services authority, said the plane "didn't fail because it was a Sunday". Both black boxes – the data recorder and the voice recorder – have now been located and recov- ered. A director with the national search and rescue agency has said that, from early analysis of the wreckage so far recovered, it was likely that the plane exploded when it hit the water. Continued on page 4 > ALSO in this issue: Prospects of M&A surge increase – page 12 2 EDITORIAL comment 4 TOP STORIES 14 FEATURE 13 FEATURE 16NEWS ROUND up 21people moves • The year of consolidation? •Senate passes Tria reauthorsation bill •Acappella looks to next steps in holdings company move •Reinsurance tiering to expand – Guy Carp •AlphaCat secures $564m new subscriptions •Speare-Cole heads to Qatar Re Corporate Trial Access Interested in a free companywide trial to Reactionsnet.com? Reactions specialises in delivering bespoke, multi-user corporate access. 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Your company logo Start your companywide access today: To set up or discuss your corporate trial please contact Ben Bracken on +44 (0) 20 7779 8754 or email [email protected] Editorial comment The year of consolidation? And so it came to pass that Catlin and XL announced agreed terms for XL’s takeover. If 2015 is going to turn out to be the year of consolidation, it has got off to a good start. It is de rigeur when deals such as this are announced to say that the enlarged company will be more diversified, but, in reality, Catlin and XL are not that different. This has positive aspects. It makes synergies easier to achieve – although the corollary to that is that it makes staff reductions easier to achieve. XL’s deal is different from the QBE acquisition spree in the 2000s, which brought together a range of disparate companies. This is a deal about size, about market share, in a world where big is increasingly becoming good. The enlarged company will have a pro forma capitalisation of about $17bn. XL has agreed to acquire Catlin for £6.93 per Catlin common share, or approximately $4.1bn, with Catlin shareholders receiving an additional 22p a share final dividend paid this quarter. The purchase price represents about a 23.5% premium to Catlin’s closing share price on December 16 2014, the day before the deal was announced. The consideration will consist of 1) about $1.8bn of XL ordinary shares 2) $1.25bn of cash from XL’s available funds; 3) proceeds from a $1.03bn future Solvency II compliant debt issuance. The transaction is expected to close in mid2015, subject to approval of Catlin shareholders and sanction by the Supreme Court of Bermuda, regulatory approvals and anti-trust clearances, and other customary closing conditions. The newly branded XL Catlin will be the largest underwriter at Lloyd’s. It will be a top10 reinsurer in the world (the eighth-largest, in fact) and it will also dilute XL’s US exposure while increasing its interest in Europe and emerging markets. That last piece of information illustrates that this is not an opportunist deal, but a strategic one. The US is fast coming out of recession and is powering ahead on the strength of lower oil prices. In the meantime, much of Europe remains mired in sclerotic growth, zero inflation and run by governments that appear to think that the best solution is to put off making a decision and to hope that things turn out ok. For XL to dilute its interest in one of the few parts of the world where growth is accelerating shows that XL sees strategic benefits from the acquisition, rather than opportunistic ones. XL will increase its proportion of specialty business – to 20% from 13% – a move that might be seen as a mixed blessing. Specialty, being what it is, is far less homogeneous in price movements and value than, say, US property, or even professional lines, where XL will almost halve its proportion of business. XL will also double its absolute level of catastrophe business. That could either be a brilliant move or not, depending on how the elements perform in 2015 and beyond. It has been hypothesised that, because insurers like to spread their risk, the combined entity would lose some business where insurers had previously been buying from both XL and Catlin. Possibly. But, as the top tier reinsurers have been proclaiming, size matters. Presumably XL and Catlin will be hoping that more insurers will come to XL Catlin because it is big than will move away from XL Catlin because they want to diversify their risk. And evidence of this rush to diversity is thin on the ground. It’s the Munich Re’s, the Swiss Re’s, the Scor’s and the Hannover Re’s that have been benefiting from the current reinsurance environment, not the small players that can only offer diversification as a selling point. Moody’s took the view that the deal was “incrementally negative” on XL’s overall credit profile. The agency said that uncertainty was raised because of “numerous challenges and risks” associated with such a large deal. But it also noted, with reference to size, that it believed “these attributes improve XL’s ability to maintain, or possibly increase, its relevance with clients and brokers in this challenging market cycle.” Exciting times ahead. n Peter Birks, Managing Editor, Reactions EDITORIAL Managing editor Peter Birks Tel: +44 (0)20 7779 8755 Email: [email protected] Deputy Editor David Benyon Tel: +44 (0)20 7779 8193 Email: [email protected] Americas editor Christopher Munro Tel: +1 212 224 3473 Email: [email protected] Senior reporter Victoria Beckett Tel: +44 (0)20 7779 8218 Email: [email protected] Reporter Samuel Kerr Tel: +44 (0)20 7779 8719 Email: [email protected] Contributing editor Garry Booth Email: [email protected] Design & production Antony Parselle Email: [email protected] ADVERTISING AND EVENTS SALES Commercial director and publisher Gary Parker Tel: +44 (0)20 7779 8171 Email: [email protected] Deputy publisher Goran Pandzic Tel: +1 212 224 3711 Email: [email protected] Head of Marketing Helen Cherry Tel: +44 (0)20 779 6475 Email: [email protected] SUBSCRIPTION SALES Account Manager Ben Bracken, Tel: +44 (0)20 7779 8754 Email: [email protected] Office manager/reprints Christine Jell, Tel: +44 (0)20 7779 8743 Email: [email protected] Managing director Stewart Brown, Tel: +44 (0)20 7779 8184 Email: [email protected] Divisional director Danny Williams Reactions, Nestor House, Playhouse Yard, London EC4V 5EX, UK Website: www.reactionsnet.com Reactions printed by: Wyndeham Grange, UK Annual subscription rates: Corporate multi-user rates are available, please contact [email protected] Single user: £920 / €1,150/ US$1,475 Subscription hotline: London: +44 (0)20 7779 8999 New York: +1 212 224 3570 Back issues: Tel: +44 (0)20 7779 8999 Subscribers: £27.50; Non-subscribers: £45.00 ISSN 0953-5640 Directors Richard Ensor (chairman), Sir Patrick Sergeant, The Viscount Rothermere, Christopher Fordham (managing director), Neil Osborn, Dan Cohen, John Botts, Colin Jones, Diane Alfano, Jane Wilkinson, Martin Morgan, David Pritchard, Bashar Al-Rehany, Andrew Ballingal, Tristan Hillgarth Customer services: Tel: +44 (0)20 7779 8610 Reactions is a member of the Audit Bureau of Circulations. Reactions (ISSN No. 002-263) is an online information service supported by a print magazine published by Euromoney Institutional Investor PLC. ©Euromoney Institutional Investor PLC London 2014 Although Euromoney Institutional Investor PLC has made every effort to ensure the accuracy of this publication, neither it nor any contributor can accept any legal responsibility whatsoever for consequences that may arise from errors or omissions or any opinions or advice given. This publication is not a substitute for professional advice on a specific transaction. 14 january 2015 |3 top stories AGCS begins paying AirAsia families Senate passes Tria reauthorsation bill The Terrorism Risk Insurance Act (Tria) is on its way to the Oval Office following a 93 to 4 vote supporting it in the US Senate. < Continued from page 1 Indonesia Air Asia is 49% owned by Malaysia-based AirAsia, headed by Tony Fernandes. Questions about strict liability were raised, not just because the plane was technically not licensed to fly out of the Indonesia airport on a Sunday, but also because Indonesia has never signed up to the Montreal Agreement on compensation levels. However, Fernandes has insisted that his airline will not hide behind technicalities when it comes to compensation. Last week the insurers had been urged to begin processing compensation claims to the families of the 155 passengers who perished in the AirAsia crash at the end of last year. The airline has reportedly initially offered the families compensation of just under $24,000, but Indonesia’s financial services authority pointed to laws that stipulate AirAsia’s insurers are liable for INR1.25bn ($98,500) per passenger. A further INR315m to INR750m could be due to the relatives of 25 passengers who are understood to have bought specialist flight cover. Some confusion remains over whether AirAsia will pay out compensation under the Montreal or Warsaw conventions regarding compensation for airline passengers. The more modern Montreal convention dictates that the families of those killed in airline disasters are due almost $162,000. However, Indonesia is not a signatory to this convention. Instead, it follows the older Warsaw convention, which limits a carrier’s liability to just under $24,000. AirAsia Indonesia’s director of safety and security, Raden Achmad Sadikin, has been quoted as saying that his company will follow whatever the country’s government has to say. n 4 | 14 january 2015 The Senate acted quickly to pass the bill after it passed the US House of Representatives by an overwhelming majority on Wednesday. The bill, which has now passed the House and the Senate, extends Tria for 6 years while also gradually raising the loss trigger of the programme, from $100m to $200m over the course of the programme. Also created in the bill is a provision to create a national association of registered agents and brokers (NARABII), as well as a controversial modification to the DoddFrank act that would ease financial product regulation for smaller companies, called an end-user provision. This final clause in the bill was unpopular among Democrats and prompted Senator Elizabeth Warren (D-MA) to table an amendment in the Senate to strike down the Dodd-Frank modification. However Warren’s amendment was struck down after it failed to garner the 60 votes necessary to make an amendment and the House’s version of the bill was subsequently passed. The industry was quick to applaud the speed with which Congress acted on passing a Tria authorisation bill. Dan Riordan, chief executive (CEO) of Zurich Global Corporate in North America spoke to Reactions following the vote and said that the passage of the bill through Congress was good news for the industry. He said that Congress had moved quickly to remove the uncertainty that had existed in the market following the expiration of the programme and that the pace of Congress to secure the programme’s future was something that Congress should be “proud of”. The bill will now go to the White House for the President’s signature. The Obama Administration, like Warren, had previously expressed its disapproval over the additional Dodd-Frank provisions however it did not say it would veto the bill. n Peter Hancock applauds TRIA renewal Peter Hancock, AIG President and chief executive officer (CEO), has praised the US Senate’s reauthorising of the Terrorism Risk Insurance Act (TRIA) on January 8. “AIG is pleased that Congress has approved legislation to reauthorise TRIA, an important line of defence against the crippling effects terror is meant to have on our society. “The enactment of this legislation will remove an economic uncertainty for our customers, their employees, and US businesses in general. ”The Senate acted quickly to pass the bill after it passed the US House of Representatives by an overwhelming majority on Wednesday. The bill, which has now passed the House and the Senate, extends Tria for 6 years while also gradually raising the loss trigger of the programme, from $100m to $200m over the course of the programme. Also created in the bill is a provision to create a national association of registered agents and brokers (NARABII), as well as a controversial modification to the DoddFrank act that would ease financial product regulation for smaller companies, called an end-user provision. n AIG chief executive Peter Hancock top stories Insurers applaud House action on Tria Insurance industry executives in the US have expressed their support for Wednesday’s House vote to reinstate the Terrorism Risk Insurance Act (Tria) which expired in December 2014. Net liability could increase under new Tria programme AM Best has warned that the increase in the loss trigger under the new incarnation of the Terrorism Risk Insurance Act (Tria) could alter insurer’s net liability. The bill to extend Tria for six years gradually increases the $100m loss trigger to $200m, by $20m annual increments over the next five years. The extension also increases the industry’s co-participation by 5% to 20% over the next five years, with a 1% increase annually starting next year. The aggregate insurer retention under the new programme will also increase by $10bn to $37.5 billion over the next five years beginning in 2015. “The increase in the industry deductible, trigger and co-participation could potentially alter the net liability of risks previously insured by a company” The House voted on Wednesday to extend extends the programme for six years with the bill also raising the programme’s loss trigger to $200m from $100m over the course of its duration. It also contains provisions to modify the Dodd-Frank Act by incorporating a rule which will relieve non-financial institutions of following restrictive financial regulations as large financial institutions, such as investment banks. Finally it also creates a semi-federalised network of agents and brokers (NARABII). “We applaud the House's overwhelming support today of the Tria reauthorisation legislation,” said Zurich’s Global Corporate North America chief executive (CEO) Dan Riordan. “This is an important public-private partnership that would help our communities recover and rebuild should the US fall victim to a catastrophic terrorist attack again. It plays a critical role in providing stability and continuity in the marketplace.” The industry wants to see a rapid resolution to the Tria debate given the uncertainty surrounding the market following the bill’s expiration. “We are appreciative of the House’s quick action this afternoon to reauthorise Tria for six years,” said the Ken Crerar, president and CEO of The Council of Insurance Agents & Brokers (CIAB) following the vote on Wednesday. “We are extremely grateful to House leadership, Chairman Hensarling (R-TX), subcommittee on housing and insurance chairman Neugebauer (R-TX) and Rep. Waters (DCA), for seeing this through. “We continue to urge their counterparts in the Senate to act quickly to pass this critical legislation. Allowing Tria to expire was a dangerous gamble that puts current terrorism policies in peril and poses significant risk to economic growth and American jobs.” In the UK, International Underwriting Association CEO Dave Matcham said that a renewal of Tria would "provide the insurance industry with the economic security it needs to continue supporting the wider economy across a range of business classes". n The limit, or cap, on the federal backstop remains at $100bn and the individual insurer deductible remained unchanged at 20% of the preceding year’s net earned premium. Finally, the mandatory recoupment, or the amount that must repaid to the federal government if payment is required following an event, was increased from 133% to 140% in the new extension. “The increase in the industry deductible, trigger and co-participation could potentially alter the net liability of risks previously insured by a company, causing the insuring of these risks to exceed a company’s risk tolerance,” said AM Best. “Increases to the net liability will also affect a company’s riskadjusted capitalisation, with the magnitude dependent upon how large the risks are in relation to a company’s surplus. AM Best added that the temporary nature of the extension, also meant that it would continue to conduct stress tests on insurer’s ability to cover terrorism risk. It added that companies that are deemed to be over-reliant upon the programme, will need to have mitigation strategies in place prior to the planned expiration of the program, or they will likely face negative rating pressure. n 14 january 2015 |5 top stories Regulatory reform an issue for insurers in 2015 The implementation of domestic and global capital standards regulation is likely to be an important issue for the US insurance industry in 2015, according to the American Insurance Association (AIA). Leigh Ann Pusey In the year ahead insurers will have to manage new domestic and international regulation in the US and across international borders, the AIA said in a media briefing looking ahead to the rest of 2015. Leigh Ann Pusey, president and CEO of the AIA, said that the organisation had been discussing capital standards regulation since the passage of the Dodd-Frank act in 2010. However Congress has gone some way towards easing the regulatory burden for insurers. As part of Congress's Dodd-Frank modifications last year it passed a fix that meant that insurers were not subjected to the same capital requirements as investment banks. Pusey said that the modification to the Dodd-Frank act (called the Collins fix) was an important step for the industry but that any changes to regulation that Congress makes must take account of the key differences between insurers and banks. The AIA also identified global regulation as an important factor for insurers to keep an eye on in 2015. Last October the International Association of Insurance Supervisors (IAIS) released its draft of a global insurance capital standards regulatory framework was released. The regulation will affect companies Tria passage could leave smaller insurers exposed Congress’s passage of the Terrorism Risk Insurance Act (Tria) could pose problems for small insurers according to rating agency Standard & Poor’s (S&P) despite its market-stabilising affect. “Standard & Poor's Ratings Services believes the underwriting stability provided by Congress's reauthorisation of Tria today should address concerns about market disruption,” said the ratings agency in a statement. “However, whereas the changes in the new program will not significantly affect our rated insurers, it could present some challenges for smaller commercial insurers (most of which we do not rate). “In particular, the increase in co-insurance could raise the exposure of those that are already overexposed by terrorism risk. At the same time, the industry may still find it difficult to manage non-conventional attacks reliably.” 6 | 14 january 2015 The new bill seeks to raise the programme’s loss trigger over a six-year extension and increases insurer’s co-pay, which S&P says could increase smaller insurer’s exposure. The ratings agency however noted that the changes were not likely to affect the overall market. “We view the major phased-in changes (co-insurance to 20% from 15%, industry event trigger doubling to $200m from $100m, and recoupment levels to $37.5bn from $27.5bn) as not significant enough to affect the insurance markets' overall function or how much terrorism risk most insurers assume,” said S&P. n deemed by the IAIS to be global systemically important insurers (GSIIs), and applies to nine insurers that have been deemed to be GSIIs including: Allianz, AIG, Generali, Aviva, Axa, MetLife, Ping An, Prudential Financial and Prudential UK; all of which so have far been designated as globally systematically important. This year will also see companies finalise preparations to deal with the European Insurance and Occupational Pensions Authority (Eiopa)’s Solvency II regulatory framework. n News in brief Catalina agrees Quinn runoff deal The runoff firm is using its Catalina Ireland subsidiary to transfer the business, which is still subject to regulatory and High Court approval in Ireland. Quinn’s runoff portfolio had gross and net insurance liabilities of €463m and €461m, respectively, as at September 30, 2014, according to Catalina. “This transaction with Quinn Insurance which follows our agreement in 2014 with Delta Lloyd to reinsure over $200m of legacy liabilities, demonstrates the growing value of Catalina’s platform in providing solutions for legacy liabilities across Europe,” said Chris Fagan, Catalina’s chairman and chief executive. As part of the transfer deal, Catalina has also agreed to inject additional required capital into Catalina Ireland. “Together with our acquisition of Glacier Re in 2010, Catalina has now acquired over $1.1bn of European run-off liabilities. We remain confident about our ability to help insurance and reinsurance companies dispose of non-core legacy liabilities across Europe in the future,” said Fagan. The portfolio transfer process is expected to complete during the second half of 2015, said Catalina. top stories Lack of product and innovation causing surplus: Eric Andersen The primary market is unaware that many reinsurers are seeking to take a share of the primary market, according to Aon Benfield chief executive Eric Andersen. Insurers have a wider insurance base, Andersen explained at an Insurance Institute of London lecture at the Lloyd’s Old Library. “Effectively what [reinsurers] are chasing is the business that goes to the insurer,” said Andersen. “What they want is to get closer to the primary client.” He added: “I can tell you, having worked in insurance – they [insurers] have no idea it's coming.” Andersen said the problem is not that there is too much capital in the market but that there is not enough product. Reinsurers have stopped offering many flood, product recall and professional liability cover products in recent years, according to Andersen. This has not removed the risk, but instead pushed it back onto the balance sheets of governments and pharmaceutical companies, Andersen argued. However, in some areas the increased competition caused by an oversupply of capacity has led to reinsurance providers to better meet clients’ meets which is good Eric Andersen for the industry, said Andersen. “What’s been happening for the past year or two is the contracts and structures of these programmes are actually being matched to the buyers’ needs,” he said. “If a client actually has an insurance contract that matches exactly what they want, it is very positive long term.” Andersen argued that a lack of innovation over the last decade is driving the surplus capital. “Everyone is trying to generate a profit before they start. But if you are going to innovate you are going to fail,” said Eric Andersen. However, on innovation, he said: “What we are starting to see around cyber is fantastic and I think a lot of it is coming from Lloyd’s. “I don’t think a natural catastrophe will change the market with the amount of capital out there or the amount that would come into the market if there was an event,” said Andersen. “There is so much capital in the market so the cycle isn't dead, it just responds to specific markets that have losses. “It does put more pressure on the "sharing of risk" concept,” he added. n News in brief BHSI US expands to write pollution exposures Berkshire Hathaway Specialty Insurance (BHSI) is expanding its US casualty underwriting capabilities to include pollution exposures and has hired Chuck Hasselback to head its environmental group. “This latest expansion reflects BHSI’s strategy of pairing our sound capacity with proven expertise to address market needs. “Chuck’s extensive experience enables BHSI to set an optimal course for our operations as we move into the US environmental insurance market,” said Meredith Bullock, vice-president, casualty. BHSI is marking its entry into the environmental space by providing an affirmative grant of pollution coverage on general casualty forms - an important enhancement for energy and construction customers in particular. Coverage will be provided on a primary and excess basis, with available capacity of up to $25m. Hasselback has more than 20 years of experience as an environmental consultant at various environmental remediation firms, underwriting and management experience at AIG environmental. He was most recently product development for Lexington Insurance Company. Hasselback is based in BHSI’s Boston office. 14 january 2015 |7 top stories News in brief Markel licenced to operate in DIFC Markel International has been granted regulatory approval to operate within the Dubai International Financial Centre (DIFC) by the Dubai Financial Services Authority (DFSA). Markel is based within the DIFC and will relocate to the Lloyd’s office when the latter is launched in March 2015. The Markel trade credit operation in Dubai specialises in writing business from around the region and offers a range of trade credit policies. Opportunities in other business lines will be reviewed in due course. Markel appointed Leroy Almeida in August 2014 to head its office in Dubai as senior underwriter and head of trade credit, Middle East. Markel International (Dubai) Limited will operate in the DIFC as a service company, which will have authority to enter into contracts of insurance and reinsurance on behalf of Markel International Insurance Company Limited and Markel Syndicate 3000 at Lloyd’s. Ewa Rose, managing director of Markel’s trade credit division, said: “We are delighted now to have our DFSA approval and with our fully resourced office are looking forward to launching the business as we move into 2015.” Double-digit growth expected in Vietnam The Vietnamese Insurance Supervision Unit has estimated double-digit growth in the country’s insurance sector in 2015. Total insurance revenue from premiums was expected to be up 12.6% year on year, reaching VND59trn ($2.96bn). Non-life premiums were expected to rise 10% year on year to 2015. In 2014 total premium revenue was $2.63bn, up 14.2% on 2013, the insurance supervisor said. 8 | 14 january 2015 Hoegh Osaka insurers will examine for possible ship defects Hoegh Osaka, which ran aground in the Solent last week, has been refloated and is heading for Portsmouth harbour, however high winds are affecting the salvage. High winds last week caused the vessel to drag anchor for approximately 100 metres, so the ship has been anchored in a bid to control its movement. Marine insurer Gard is facing claims from the deliberate grounding of the 51,000 tonne car carrier Hoegh Osaka in the Solent on England’s south coast. While the crew was safely evacuated, the vessel itself is currently listing at a 52 degree angle. Gard is both the vessel’s protection and indemnity (P&I) insurer and the provider of its hull coverage. "The key focus for insurers will be on what caused the ship to list so disastrously and so quickly after setting sail,” Charles Gordon, insurance arbitrator and mediator at JAMS International, told Reactions. “Insurers will want to know whether there was defect which was known or should have been known. Recent survey reports and any communications about the state of the vessel will need to be inspected. "If there was any material non-disclosure of material information to insurers, and there is no suggestion of that at this stage, insurers might have grounds for repudiating cover. I would stress that there has been no suggestion of this to date,” added Gordon. The deliberate beaching of the vessel is not likely to cause a problem from an insurance perspective as it has prevent a more costly accident. “If the [ship] master has taken reasonable action to protect the ship, its crew, and its cargo, no insurer will use that as a ground for refusing cover,” said Gordon. “Indeed, there is a duty on an insured to take whatever reasonable action they can to avoid or limit damage. “If there was any material non-disclosure of material information to insurers, and there is no suggestion of that at this stage, insurers might have grounds for repudiating cover. I would stress that there has been no suggestion of this to date,” – Charles Gordon, insurance arbitrator and mediator at JAMS International "There will likely be multiple insurers of both hull and cargo but it will be the programme leaders who will take charge of the salvage operation and negotiations as to settlement of claims. Hoegh Osaka is a 51,000 tonne car carrier which had a cargo of 1,400 cars and 80 pieces of construction equipment, when it sailed from Southampton, England, on January 3. The amount of damage to the cargo will depend on how it is secured on the carrier. "I very much doubt if insurers will entertain a claim for loss in respect of the high end autos cargo unless there is actual physical damage to the vehicles," said Gordon. n top stories Fossil fuel reserves unusable: study between 2011 and 2050 need to be limited to around 1,100 gigatonnes of carbon dioxide. However, the greenhouse gas emissions contained in present estimates of global fossil fuel reserves are around three times higher than this and so the unabated use of all current fossil fuel reserves is incompatible with a warming limit of 2 deg C. “Our results show that policy makers’ instincts to exploit rapidly and completely their territorial fossil fuels are, in aggregate, inconsistent with their commitments to this temperature limit,” Dr McGlade said. “Implementation of this policy commitment would also render unnecessary continued substantial expenditure on fossil fuel exploration, because any new discoveries could not lead to increased aggregate production.” Commentators say the uneven distribution of resources raises conflicts for countries wanting to exploit their natural resources while trying to strike a global deal on climate change: The Middle East would need to leave about 40% of its oil and 60% of its gas underground; The majority of the huge coal reserves in China, Russia and the United States would have to remain unused; Undeveloped resources of unconventional gas, such as shale gas, would be off limits in Africa and the Middle East, and very little could be exploited in India and China; Unconventional oil, such as Canada's tar sands, would be unviable. Rob Bailey, research director for energy, environment and resources at Chatham House, told the BBC the finding that half of natural gas reserves must remain untapped will make uncomfortable reading for governments seeking to replicate the US shale revolution and displace dirtier coal. "The recently heralded golden age of gas will be short lived if we are to avoid dangerous climate change," he was quoted as saying. n fallout after several years of cost cutting. The US blamed North Korea for the hack, linked to Sony’s release of “The Interview”, a comedy movie with a plot based around assassinating the Asian pariah state’s leader. “I would say the cost is far less than anything anybody is imagining and certainly shouldn’t be anything that is disruptive to our budget,” said Lynton, quoted by Reuters, adding that losses were “well within the bounds of insurance”. Estimates for the cost of the hack have been placed as high as $100m – including repairing or replacing damaged systems and software, and additional steps to prevent a repeat of the attack in future. One third of oil reserves, half of gas reserves and over 80 per cent of current coal reserves should remain unused from 2010 to 2050 in order to meet the target of a 2 deg C rise in temperatures above pre-industrial levels, according to new research. The 2 deg C rise is widely accepted among scientists as the threshold beyond which dangerous and possibly irreversible climate change will take place. Research published in Nature by Christophe McGlade and Paul Ekins of University College London (UCL), Institute for Sustainable Resources, used an integrated assessment model to explore the implications of the 2 deg C warming limit for different regions' fossil fuel production. They further found that the development of resources in the Arctic and any increase in unconventional oil production are incompatible with efforts to limit climate change. It has been estimated that to have at least a 50 per cent chance of keeping warming below 2 deg C throughout the twenty-first century, the cumulative carbon emissions News in brief Sony Pictures says cyber attack fully insured Sony Pictures thinks it can bear the cost of the November 21 cyber attack through insurance alone, removing the need for further cost cuts, according to the company’s chief executive. Michael Lynton, Sony Pictures’ CEO, said insurance would spare the firm from further Stable outlook for Mexico: Fitch A stable outlook on the Mexican insurance industry has been maintained by rating agency Fitch, but it warns of dangers ahead. Fitch said that the Mexican insurance sector would probably grow by about 6% this year in nominal terms. Economic growth as a whole is likely to come in at about 3.6%. But challenges persist for the sector, the agency said. “The combined ratio of the whole insurance industry could increase this year due to pricing flexibility, high-impact catastrophic events, costs associated with the implementation of the new regulatory framework and, to a lesser extent, remaining claims from hurricane Odile”. 14 january 2015 |9 top stories Threats and opportunities in Africa Nazare felt that the slowdown in China would lead to changes in the global economy, while the oil price crisis could impact oil-exporting countries in Africa. The termination of quantitative easing has led to a flight of capital from emerging and developing countries' capital markets, he said. The four geopolitical risks expected to present grave medium-to-long-term consequences are the escalating extremist spawned terror crisis across the Middle East, parts of Asia, North Africa, East African the Sahel, and West Africa, as well as major cities across the globe. Elsewhere the geopolitical risks include the rise of right-wing nationalist movements in Europe, a possible "New Cold War", that could result in "a new bipolar schism with no fundamental ideological base", and, fourthly, "territorial claims motivated by resource prospects, for example in the South China Sea and Antarctica". Overcapacity in Africa because of an influx of “naïve” foreign capacity is causing a meltdown in insurance pricing, particularly for peak exposures, according to Lawrence Nazare, executive director of African reinsurer Continental Re. Nazare expressed concern that lower commodity prices could lead to capital flight, fiscal pressures on governments, and a negative impact on all sectors, but particularly insurance. Opportunities in Africa were expected to come from consumer-driven sectors such as fast-moving consumer goods, property, telecoms and health. All of these should ex- perience continued expansion because of the growing number of middle-class Africans. Africa's fastest-growing regions faced threats from a lack of fiscal space for governments, reduced governmental commitment to social services and infrastructure, and the danger of expanding but fragile economies into extreme poverty. n News in brief Swiss Re to sell Brevan Howard stake? Swiss Re is reportedly seeking to sell its 15% stake in asset management company Brevan Howard. The stake has been valued at between $350m and $500m. Brevan Howard is one of Europe’s largest hedge fund managers. Brevan Howard is based in Geneva, while Brevan Howard Asset Management LLP is domiciled in Jersey. The funds are domiciled in the Cayman Islands. The $24bn Master Fund dropped 0.8% in value in 2014, a decline more significant for its psychological rather than financial impact. The macro fund had never before made an calendar year loss. Brevan Howard has 11 funds in total. Neither Swiss Re nor Brevan Howard would comment on the report, initially from the Wall Street Journal. R&Q completes Norway to Malta transfer Randall & Quilter has completed a portfolio 10 | 14 january 2015 transfer from Aker Insurance, a wholly owned Norway-domiciled captive, to R&Q Insurance (Malta), the group’s EU run-off consolidator. The total consideration is NOK22.3m. The transferred current liabilities total NOK14.3m. The policies being transferred provide workers’ compensation and personal accident cover for the years 2003 to 2009 to the Norwegian employees of parent company Aker Group. Aker specialises in offshore construction and engineering. After the transfer is completed the claims will be managed by R&Q Triton, in Oslo, which is R&Q’s locally based insurance and claims management company. Paul Corver, head of M&A at R&Q, said that the deal was “the first transfer from an EU captive into our Malta platform” and that it demonstrated R&Q’s ability to execute crossborder EU transfers, “along with the advantages this brings”. Corver said it was R&Q’s understanding that there were more Scandinavian insurers “that would benefit from removing legacy liabilities, especially in preparation for Solvency II”. Korean Re moves to secure Lloyd’s “bridgehead” Korean Re is seeking to create a Lloyd’s business, with a view to overseas expansion, the company’s president has said. The South Korean domestic market reinsurer has stated a strategy to increase its international underwriting into a majority of its business. “Visiting London in the UK in Sept. last year, we have talked with prospective partner companies about establishing a joint company, and we have also finished market research,” said the company’s president, Won Jong-kyu. “Once Korean Re has its foreign organization for underwriting itself in the advanced European market, the company will secure a bridgehead for overseas expansion,” he said. “A local corporation will be established with the size of £10m ($15.24m; KRW16.75bn),” added the Korean Re boss. top stories Guy Carpenter prop-cat ROL down 11% Reinsurance pricing fell in many segments at the January 1 renewals according to Guy Carpenter’s new report, “Shaping the Future, Positive Results, Excess Capital & Diversification”. www.reactionsnet.com Figure 1. Global property catastrophe ROL index – 1990 to 2013 450 400 350 300 250 200 150 100 2012 Source: Guy Carpenter & Company LLC product offerings and terms and conditions that benefit our clients". Guy Carpenter vice-chairman David Priebe said that “the sustained influx of capital from new entrants and growth from traditional sources continues to reshape the reinsurance landscape’s capital structure and drive innovation in the form of insurance-linked securities (ILS) and col- 1/1/13 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 0 1991 50 1990 The reinsurance broker said that the price falls affected nearly all lines of business and geographies. It said that a major factor driving market conditions was the low number of natural catastrophes in 2014 – valued at about $30bn – which was the lowest total for four years and 25% less than the benign 2013. The GC prop-cat ROL Index was down 11% year on year at the January 1 renewals. Guy Carpenter said that "renewals continued to be characterised by lower rates, excess capacity and broader terms and conditions". Guy Carpenter said that third party capital was also a driver, continuing to flow into the reinsurance market, with institutional investors seeking higher yields. "As convergence capital has expanded, utilisation within catastrophe products grew to 18% of total catastrophe limit, or $60bn, up from 15% at year-end 2013". Lara Mowery, Global Head of Property Specialty at Guy Carpenter, said that "market conditions that continue to bring downward pressure on pricing are being met with tremendous, client-focused innovation", adding that "the result has been a customised approach with expanded lateralised aggregate solutions." Priebe said that Guy Carpenter was also witnessing reinsurers "execute strategic decisions through the utilisation of thirdparty capital facilities and M&A activity in response to new market realities". He said that this was further blurring the lines between "alternative" and "traditional" markets. n Follow us @reactionsnet 14 january 2015 | 11 feature Prospects of M&A surge increase The conditions are right for the oft predicted rise in merger and acquisition activity to actually take place, with XL Group’s deal to buy Catlin expected to be the first of several such deals in 2015. Christopher Munro reports This year could finally see the long mooted spate of merger and acquisition activity in the re/insurance market actually taking place, with XL Group’s acquisition of Catlin the first of what many have speculated to be a surge of such deals. Competition in the reinsurance industry is as intense as it has ever been, and opportunities for growth are being stymied by vast quantities of surplus capacity in many lines of business, as well as an influx of so-called alternative capital from third parties such as pension funds. Furthermore, with a lack of major losses befalling the market, companies in both the insurance and reinsurance markets are not capital stressed. At the same time, one of the growing trends in 2014 was for insurers to have only the largest companies on their reinsurance programmes. This trend, referred to by many as tiering, saw insurers fill their reinsurance programmes with the industry giants, with those lower down the food chain subsequently missing out, as Nick Frankland, chief executive for Europe, the Middle East and Africa at Guy Carpenter, explained. “Last year, there was a heavy focus on the top six reinsurers, with most clients seeking to maximise their relationships with these companies.” However, he noted that has now changed somewhat, with this group expanding. “Now, we have quite rightly seen a broadening of these panels and this renewal we saw that primary group of six expanding to about 10 to 12 reinsurers, with the ideal number being over 20.” Competition between reinsurers to be in that 10 to 20 bracket is fierce however. Economies of scale will be a crucial decider in whether companies make it into that group. Consequently, combined with the aforementioned pressures the wider re/insurance industry as a whole, it would appear the industry is ripe for merger and acquisition activity. “This [tiering] is going to stimulate M&A activity through next year,” said Frankland. “You will not only see smaller entities looking to combine operations to create scale, but also the same will apply to all those organisations that are currently outside of the top six.” Should the deal complete, XL Catlin - the 12 | 14 january 2015 Mike McGavick, XL Group CEO name that will be given to the combined business - will be the eighth largest reinsurer in the world. Therefore, the proposed merger can certainly be seen as one that provides the two separate entities with a far greater presence in the international marketplace. At the same time, Catlin’s position as the largest underwriter in Lloyd’s will be strengthened even further following its acquisition by XL. By now firmly sitting within that top 10 reinsurance groups in the world, the combined company may well find there are plenty of opportunities for additional growth, especially if the aforementioned trend of tiering continues. That is because XL Catlin will now be in and amongst that group of major players that the leading insurers will be looking to buy reinsurance from. XL’s deal for Catlin may be the biggest proposed M&A deal in recent times, but it follows hot on the heels of RenaissanceRe’s deal to acquire Platinum Underwriters Holdings in a $1.9bn deal that was first announced back in November. As Kevin O’Donnell, RenRe’s president and chief executive, explained at the time, the acquisition of Platinum will “accelerate the growth of our US specialty and casualty reinsurance platform and as a result, create enhanced value for our shareholders”. With trading conditions in many of the classes of business that RenRe specialises in going through something of a rough patch, the move to gain a presence in the US market via the acquisition of Platinum will give the business an opportunity to operate in the largest market in the world and provides the possibility of the company achieving some additional growth. There was an uptick of merger and acquisition activity last year, with Standard & Poor’s noting $33.6bn of deals took place in 2014. That, according to figures from the rating agency’s Capital IQ, was a close-to 50% increase on the previous year’s $24.8bn of deals. As Reactions reported at the beginning of the year, December was a particularly busy month, especially in the US. Assured Guaranty acquired Radian’s financial guaranty business for $810m, while Ace picked up the personal lines operations of Allianz-owned Fireman’s Fund for $365m. On top of that, auto insurer Progressive took a controlling stake in property insurer ARX Holdings for $875m. Aon Benfield, in its Reinsurance Market Outlook, said the rise in merger and acquisition activity has been driven by the acquirers’ desire to either expand geographically, move into new products or distribution or increase its scale and efficiencies. “We believe that this acquisition motivation will continue to be supplemented by sellers becoming increasingly focused in divesting books of business that do not earn its cost of capital,” the reinsurance broker said. n feature Reinsurance tiering to expand – Guy Carp A soft market, rates down at renewal, excess capacity and the regionalisation of the pricing effects of catastrophe loss events will contribute to major changes in the reinsurance space, according to the reinsurance broking arm of Marsh & McLennan. Guy Carpenter used four bullets to sum up its appraisal of the state of the reinsurance market at this year’s January renewals: consolidation; scale; diversification; and so-called tiering. The latter is not a new trend, but rather an extension of one which several brokers have pointed to in recent years. “Last year, there was a heavy focus on the top six reinsurers, with most clients seeking to maximise their relationships with these companies. Now, we have quite rightly seen a broadening of these panels and this renewal we saw that primary group of six expanding to about ten to twelve reinsurers, with the ideal number being over 20,” said Nick Frankland, Guy Carpenter’s EMEA CEO. This dovetails with the consolidation and (economies of) scale bullets, both of which mean heightened mergers and acquisitions (M&A) activity for reinsurers fighting to make up the last places within the coveted top 20 list within the tiering trend. “This [tiering] is going to stimulate M&A activity through next year. You will not only see smaller entities looking to combine operations to create scale, but also the same will apply to all those organisations that are currently outside of the top six,” he said. “I think we’ll see a bigger fight between those [reinsurers] who are not big enough to be part of that yet,” added Frankland. For the reinsurers, while the increased role of pension funds and other capital markets is set to continue, it is still focused on US property catastrophe and retrocessional markets – the best modelled perils the industry can offer. However, the reduced rates of continued market softening seen at renewal are not going to put off capital market investors, stressed Frankland – reinsurance offers them one of the exceptionally rare niches to invest which were uncorrelated to systemic risk in other financial markets, proven in the 2009 financial crisis. Furthermore, he noted, the relatively low equity recent returns for reinsurance shareholders – accustomed to 15% return on equity – will not put off pension funds, who are only investing a tiny proportion of their portfolio within the industry, can sustain big losses on their proportionally small investment, and regard single digit returns as acceptable. “We are poised on the brink of a fundamental change in this industry and the next 12 months are likely to confirm that,” said Frankland. “The business generally will need a reset. It needs to work to a lower cost of capital model which will see a period of increased creativity around the use of additional and alternative capital instruments, as well as enhanced return vehicles,” he said. Alternative capital into the industry had reached 18% in 2014, suggests Guy Carpenter. Of this: 8% is collateralised reinsurance; 7% is insurance-linked securities (ILS; cat bonds); 2% is sidecars launched by traditional reinsurers; and 1% is industry loss warranties (ILW) (see chart). The rates picture at 1/1 was a continued slide with no evidence for a reverse in the offing, suggested Guy Carpenter. Frankland noted that he was confident this was a consensual view, across other brokers and reinsurers themselves. He said 2014’s low $34bn figure for global cat losses, combined with “inexorably increasing” industry capital, had led to consistently oversubscribed programmes, for less than the lowest quoted terms. In basic terms, property cat reinsurance was down 11%, said Frankland. Furthermore, when looking at instances when cat pricing had risen in previous years – after the US hurricanes Katrina, Rita and Wilma (KRW) in 2005, and after the Japanese Tohoku Earthquake and tsunami of 2011 – Frankland pointed to the regional nature of rate rises. KRW only hit US pricing in 2006 – although representing the biggest cat market – just as Tohoku only affected regional Asian pricing in 2012, he noted. “What you’ve got now is a market that responds locally and regionally,” said Frankland. Pointing to where pricing is for 2015, he noted that levels are still above those seen before previous large cat events, with nothing suggesting they will not continue to fall significantly. “We’re still way ahead of historic lows. Pricing is going down because there is still margin in this business,” he said. Casualty lines had also fallen, he continued, mostly down 5-10%, with even loss-hit business such as US D&O or E&O down by 5%. In Europe, Guy Carpenter noted that UK motor reinsurance was up by 7.5%, and that this might indicate other European motor – in France and Italy, in particular – could be expected to rise, as pricing had slipped elsewhere despite the same pressures which had led to an acknowledgement that UK pricing had been due a rise. Specialty pricing was consistently down, suggested Chris Klein, managing director and head of strategy for the UK and EMEA at Guy Carpenter. Aviation and aerospace was down by 7.5%, he noted, with the rare exceptions of loss-hit business, such as that from 2014’s Malaysian Airlines losses. Credit, bond and political risk was down further, by 15%, said Klein, while retrocessional pricing was dragged down by underlying cat reinsurance drops, to between a 10 and 15% drop, said Guy Carpenter. n 14 january 2015 | 13 feature Acappella looks to next steps in holdings company move Acappella is launching as an insurance holdings company in a bid to attract more capital to the London market from third parties. The venture – formed as Syndicate 2014 under Pembroke, which had been acquired by Bermuda-based Ironshore in 2008, is also backed by Willis, and is led by former Faber chief executive, Jason Howard. The business says Acappella in its new guise will operate as a managing general agent (MGA), “providing capacity to the market through specialist underwriting teams, as well as a fund management company, to manage the investment of third party capital into insurance underwriting businesses”. Acappella also intends to create a Lloyd’s managing agency offering its services to other syndicates, subject to Lloyd’s approval. “There are three strands to the business,” says Howard, Acappella’s CEO, speaking to Reactions. “There’s the Lloyd’s business, which is currently being managed by Pembroke, owned by Ironshore, which is a joint venture partner in this deal. Our intention is this year to apply to Lloyd’s for our own managing agency, which would ultimately look to taking over the running of the syndicate.” “All of this is subject to Lloyd’s giving us that authorisation. Within the next year I look forward to being well advanced in that process,” he says. “On the MGA front, we are applying for regulatory status with the FCA and getting ready to present to them. That will take a few months to do, so we are looking forward to that entity platform regulated and authorised,” he says. “From a fund management perspective, by the end of the year we should certainly have the platform in place to deliver that business. What the intention is to raise funds to put into underwriting entities. It’s matching risks with capital, and the key to doing that is to get the best underwriting teams together to write that business,” continues Howard. Questioned about the space’s attractiveness – London as a hub and reinsurance as a sector – he is bullish about Acappella’s prospects. “We’re looking at niche and specialist business and London is very much the centre of that and will continue to be,” says Howard. “London has a huge pool of talent and training facilities. It’s a good fulcrum and place to bring people and business 14 | 14 january 2015 “We’re looking at niche and specialist business and London is very much the centre of that and will continue to be” – Jason Howard, Acappella’s CEO together from across the world. We want access to that.” “For the very big people it’s more difficult to avoid some of the difficult pricing out there in the market. We’ll be relatively small, but I think we can make money in the niches within the classes of business we look to get into,” he adds. Speaking about the numbers needed for success, Howard is more cautious – highlighting the project’s nascent stage – with several major hurdles yet to pass. “We have it in mind the numbers we’ll need to break even and deliver profits to shareholders,” says Howard. “To run a Lloyd’s managing agency, you probably need to be around the £200m mark. We’ll be looking towards getting to that and above that eventually.” Acappella is developing with two major backers: two-thirds Willis; one third Ironshore. Willis’ enthusiasm for the underwriting management side – internationally – is already proven. However, Howard describes those relationships, particularly with the broker, as “at arm’s length”, and is at pains to clarify Acappella’s independence. “We need to see business from the other brokers, and Willis is by no means our biggest partner among the brokers, into the syndicate, nor into our MGAs,” he says. That said, he notes that Ironshore – through Pembroke – has been “tremendously helpful” in supplying the systems making the syndicate tick. He also highlights Ironshore’s desire to showcase its turnkey skills, via Acappella, as a supporting pillar for would-be start-up ventures. Supervising the construction of such building blocks has been occupying Howard for the past six months, he notes, since joining the business in July, seconded from Willis, where he was previously CEO of its Faber Global arm. Howard describes the lines of business on which the Lloyd’s-based syndicate has been built thus far. “The syndicate…writes a property treaty account in the US and Canada, a casualty treaty account in the US, it writes a political risk account on a worldwide basis, it writes a cargo account, it’s got a personal accident account, it’s got a direct and fac international liability business, and a US property binders business,” says Howard. “All of those classes we think are capable of making good profits, written in the right way. There could be other classes we will look to – but on a case by case basis – so we’re open-minded, and we will analyse and decide on business plans to determine where we want to go,” he suggests. Talent is crucial at this stage he suggests, and remains one of the London market’s greatest strengths. “We have some very good underwriters who absolutely know how to make money in those classes. We also have a great pipeline of people we are talking to at the moment who are keen to join Acappella,” says Howard. “Right now is a good time, with a lot of underwriters wanting to establish their own businesses within a strong franchise,” he says. “They like what they see at Acappella; it has no legacy issues; but it has two very big backers in Willis and Ironshore, to offer the financial strength and stability to offer a good platform.” n feature Charles Taylor buys Scottish Widows life runoff Nuclear fund in India faces hurdles The Indian government is seeking a way to solve the nuclear incident liability problem and is floating the idea of a Nuclear Insurance Fund. However, political considerations could slow any progress. Charles Taylor has agreed to buy the Scottish Widows’ runoff life insurance business. The Jersey-based Scottish Widows International Limited (SWIL) provides unit-linked life insurance policies and portfolio bonds to individual investors. Charles Taylor said it intends to redomicile the unit to the Isle of Man following the acquisition, with its policies then transferred into its life subsidiary there, LCL International Life Assurance Company Limited. “This agreement to acquire SWIL from Scottish Widows plc follows our recent purchase of Nordea Life and Pensions,” said David Marock, group CEO, Charles Taylor. “It demonstrates our commitment to grow our life insurance business in the Isle of Man.” “This agreement to acquire SWIL from Scottish Widows plc follows our recent purchase of Nordea Life and Pensions” – David Marock (pictured), group CEO, Charles Taylor “Over the last four years we have made four life insurance company acquisitions. We expect the acquisition to be earnings enhancing and generate an early payback of our investment,” he added. The firm said the acquisitions were part of its ongoing strategy for “making further acquisitions in the international life sector”. “By merging the business into Charles Taylor’s life insurer, we will be able to deliver further efficiencies without compromising service,” said Jeffrey More, CEO, Charles Taylor Insurance Services. The insurance services firm noted that the deal is still subject to Jersey Financial Services Commission regulatory signoff, as well as court approval.. n On January 5 finance minister Arun Jaitley said that the liability law as part of an act passed in 2010 had been worked on by both the then opposition BJP and the now-opposition Congress. The Vidhi Centre for Legal Policy has released a report which offers possible solutions to the current impasse. Foreign suppliers, who were the main sufferers under the 2010 liability rules, have said that the unintentional effect of the law had been for companies to refuse to supply Indian nuclear plants with materials. The government is thought to feel that there should remain some level of supplier liability, while the Vidhi Centre for Legal Policy recommended that the section of the 2010 Act that gave a right of recourse of suppliers, and a separate section which stated that victims could sue suppliers under other laws as well. India’s strict nuclear liability laws mean that no single company can assume the exposure on the plant because of the size of the risk associated with it. Last year the Department of Atomic Energy asked the finance ministry to form a nuclear insurance pool after India’s state owned insurer, General Insurance Company (GIC) was not able to provide sufficient cover for the nuclear power plants. The proposed nuclear reinsurance pool will cover material damage and the civil liability arising out of any harm to the hot and cold zones of nuclear plants. An alternative insurance pool for nuclear plants that was proposed by staterun reinsurer GIC Re did not come to fruition as the Indian government was unable to come to a consensus with international reinsurers regarding the inspection of nuclear facilities. GIC Re managed to raise $78m from local insurers for the proposed nuclear insurance pool, which will provide cover to the existing, as well as new, nuclear installations in the country. The Indian state reinsurer was seeking the remaining coverage, around $242m,from overseas nuclear insurance pools. The government said that it would act as insurer of last resort for up to $300m. The tentative plans for a nuclear liability funds would see the government supplying GIC Re with a loan. The remaining funding would come from premiums paid by suppliers when they purchased insurance. The theory would be that the fund would slowly accumulate funds as new reactors came online and more equipment was bought. Additional funds would be obtained from a small fee from electricity sales. Indian and US officials met in December last year with a view to completing the administrative arrangements of the nuclear deal, and are eager to seal some kind of agreement in time for President Obama’s forthcoming visit. That nuclear agreement is significant because it is likely to be used as a template for subsequent nuclear deals with Japan and Australia. The dispute over where potential liability should lie is a symptom of deeper underlying divisions within the Indian political hierarchy. It has included an interesting interpretation of the meaning of the word “supplier” by one of the negotiators, RB Grover, that Indian companies manufacturing components were not suppliers because they only manufactured according to specifications and designs supplied by others. That, asserted Grover, made them “vendors” rather than “suppliers”. Both foreign and Indian suppliers are uncomfortable with the way the nuclear manufacturing and assembling system has apparently shifted as much liability as possible away from the nuclear operators. L&T’s YS Trivedi said that the law imposed disproportionate liability and risk on the supplier, and noted that the previous UPA-coalition government had recognized the problems with the 2010 act and had tried to cap the potential liability in 2011. Trivedi said that the 2010 rules would have had an impact on the credit-worthiness of suppliers.. n 14 january 2015 | 15 news round-up Pakistan working on new risk standards AlphaCat secures $564m new subscriptions AlphaCat Managers, part of Bermudabased Validus Holdings, has secured $564m of new subscriptions and commitments for deployment during 2015. The new capital consists of $409m for the AlphaCat ILS funds and $155m for special purpose vehicle (SPV) AlphaCat 2015 Ltd. Alpha Cat 2015 invests in collateralised reinsurance and retrocessional contracts written by AlphaCat Reinsurance Ltd. Third-party subscriptions and commitments represented 95% and 82% of the total funds raised in respect of the AlphaCat ILS funds and AlphaCat 2015 respectively. AlphaCat has now fully deployed the funding called on January 1, representing 75% of the new AlphaCat ILS funding and 92% of AlphaCat 2015 funding. AlphaCat chief executive Lixin Zeng said that the unit was “pleased with the strong level of investor support for the AlphaCat business and continued success in growing assets under management”. Other operating company subsidiaries of Validus Holdings are Bermuda-based short-tail reinsurer Validus Re, Talbot Holdings (Bermuda parent of mainly Lloyd’s insurer Talbot/Syndicate 1183) and US specialty lines company Western World Insurance. RELEASE DATES DIARY 16 The Securities & Exchange Commission of Pakistan (SECP) is working with the World Bank to reform the country’s regulatory framework and to strengthen the SECP’s supervisory capacity. SECP chairman Zafar Hijazi met with a team from the World Bank this week to discuss the SECP’s help in insurance law reforms. A technical assistance project has been launched that will assist the SECP to help it strengthen and reform Pakistan’s insurance laws. However, Hijazi said that the recommendations in the report and the implementation plans should take account of the socioeconomic outlook of Pakistan. The plan is to introduced a risk-based capital and risk-based supervision of insurers within Pakistan. During the project’s first phase, the World Bank will offer a comprehensive report based on an analysis of the gaps in the existing insurance regulatory framework. These will include the insurance core principles of the International Association of Insurance Supervisors (IAIS). Company Release of 4th Quarter Results Company Release of 4th Quarter Results Kemper 06 February 2015 Lancashire 12 February 2015 Ace 27 January 2015 MetLife 11 February 2015 AJ Gallagher 03 February 2015 MMC 06 February 2015 Allied World 04 February 2015 PartnerRe 04 February 2015 Arch 10 February 2015 Prudential 04 February 2015 Aspen 05 February 2015 RenRe 03 February 2015 Assurant 12 February 2015 RGA 02 February 2015 Axis Capital 03 February 2015 The Hartford 02 February 2015 Cigna 05 February 2015 United Health 21 January 2015 Cincinnati 05 February 2015 Willis 10 February 2015 Everest Re 04 February 2015 WR Berkeley 05 February 2015 Hanover 04 February 2015 | 14 january 2015 news round-up PartnerRe Singapore subsidiary gets licence Old Mutual grows with UAP stake South Africa’s Old Mutual has bought a 23.3% stake in UAP Holdings Ltd in a move which expands its presence in the eastern part of its home continent. UAP has is a financial services company based in East and Central Africa which operates in six countries. Old Mutual has paid KES8.88bn ($97.5m) for the 23.3% shareholding. “This investment is another significant step in delivering the group’s aim of becoming an African financial services champion,” said Ralph Mupita, chief executive of Old Mutual emerging markets. “UAP is an ideal and complementary fit to our existing Kenyan businesses and we look forward to deepening and broadening our relationship in the future.” UAP is the third largest property and casualty player and the second largest health carrier in Kenya. It also has a considerable property investment portfolio in the country as well as a rapidly growing life assurance business. In Uganda, UAP is the second largest property and casualty and health carrier, and is also the third largest life insurer. While its operations in Kenya and Uganda make up the bulk of its business, UAP’s offices property and casualty offices in Rwanda, Tanzania and South Sudan also make significant contributions. On top of these, the group also owns a brokerage business in the Democratic Republic of the Congo. Extended Benefits, marine, engineering and credit insurance. As a result of the deal it will become a part of the Howden broking operation. CIMB Group will remain “a key partner” and would “continue to play an important role in CIB’s future”. CIB will continue to be led by current chief executive Eddy Hon. Hyperion chief executive David Howden said that Asia was “a region where we have been developing scale over several years; we have strong ambitions in the South East Asian market, and partnering with the highly-respected CIMB banking group will enhance our position immensely”. Howden noted that Malaysia had generated compound annual premium growth of about 8% over the past five years, and that this rate of growth was forecast to continue, “particularly in marine, energy, financial lines and employee benefits sectors”. Bermuda-based multi-line reinsurer PartnerRe’s wholly owned Asian subsidiary Partner Reinsurance Asia Pte has been licensed by the Monetary Authority of Singapore to operate as a non-life and life reinsurer, capitalised in Singapore. From April 1, the main date for many Asian renewals, PartnerRe Asia will be the principal reinsurance carrier for PartnerRe business underwritten in the Asia-Pacific region. Alain Flandrin, who is currently Head of Partner Reinsurance Europe SE’s Singapore Branch, has been named chief executive (CEO) of the newly licensed company. PartnerRe CEO Costas Miranthis said that PartnerRe had supported the growth of insurance business in the Asia-Pacific region ever since PartnerRe was founded in 1993. He added: “Over the past year we have localised more business in Singapore and Hong Kong and increased underwriting resources in the region to enhance proximity and responsiveness for our clients”. Howden makes Malaysia move Broking group Howden, a subsidiary of Hyperion, has signed a deal with Malaysiabased banking group CIMB under which Howden Broking Group has acquired an initial 49% stake in, and management control of, CIMB Insurance Brokers (CIB). CIB is a Malaysian retail broker specialising in financial lines, commercial, 14 january 2015 | 17 news round-up Marsh acquires Belgian broker Marsh is to acquire Belgian credit insurance broker Trade Insure NV for an undisclosed amount in a move which will expand its credit protection presence in Belgium. Trade Insure employees 16 people its office in Aalst, just North of Brussels, and serves around 500 clients. Starting January 2015, the combined entity will trade under the name of Marsh Trade Insure and will comprise of all the members of Marsh’s existing trade credit team in Belgium as well Trade Insure’s current employees. The team will continue to be based in Aalst and will operate through Marsh’s offices in Brussels, Antwerp, Roeselare, Liège and Luxembourg. “I am delighted to welcome the experienced team from Trade Insure to Marsh. Trade Insure has developed a compelling credit insurance offering for both SME and multinational clients across Belgium,” said Flavio Piccolomini, chief executive (CEO) of Marsh Continental Europe. “When combined with Marsh’s capabilities, we will be able to offer them worldclass services and solutions.” Trade Insure is the largest trade credit insurer in the Belgian market, holding a market share of approximately 20%. Following the acquisition, the company 18 | 14 january 2015 says it will be able to provide specialty solutions for political risk and structured credit, as well as other services such as non-financial bonds alongside its traditional trade credit products. “This transaction is exciting news for both our clients and colleagues,” said Luc Gillijns, managing director of Trade Insure. “Our clients will have access to a wider range of products and services and our colleagues will have enhanced career opportunities.” The acquisition is Marsh’s first of the year. In 2014 it made moves to expand into Latin America with the acquisition of a majority stake in its long-time corresponding broker Sesuma on undisclosed terms in June. Nigeria’s Oasis Insurance acquired by FBN Nigeria-based Oasis Insurance Plc has been delisted from the Nigerian Stock Exchange (NSE) daily official list after Oasis was acquired by FBN Insurance Limited, a subsidiary of FBN Holdings Plc. According to NSE, after the acquisition was completed, Oasis Insurance applied for voluntary delisting from the exchange. FBN Insurance had acquired 71.2% equity interest in Oasis Insurance through a block divestment in February 2014.A mandatory take-over bid for the remaining 28.8% equity interest in Oasis Insurance was then made by FBN Insurance Limited. By the close of the takeover bid on July 31, 2014, FBN Insurance Limited received a total of 1,289,493,953 ordinary shares bringing its shareholding in Oasis Insurance Plc to approximately 91.1%.However, FBN Insurance Limited elected to exercise its rights under Section 146(2) of the Investments and Securities Act to acquire shares belonging to the minority shareholders having crossed the 90% threshold. At the end of the 20-day statutory notice period, FBN Insurance Limited increased its holdings by an additional 22,603,617 shares bringing its holdings in Oasis Insurance Plc to approximately 91.4%. The company then transferred the sum of N310,649,730 to FBN Registrars (as a consideration for the outstanding 560,808,895 shares or 8.6%) to keep in trust for shareholders who are yet to tender their share certificates, according to Nigerian news service This Day Live. This means FBN Insurance Limited now holds a 100% equity interest in Oasis Insurance Plc, instigating its application to NSE for delisting. The acquisition would enable the FBN Holdings to expand its insurance business as FBN Life seeks to harness Oasis Insurance’s relative strengths. Oasis Insurance is expected to leverage FBN Holdings’ wide network. news round-up Years before UK’s PPI misselling scandal is over, ombudsman says More cat losses covered by insurance in 2014 Increasing levels of insurance penetration mean a higher proportion of catastrophe losses suffered in 2014 were covered by insurance compared with the long term average. Just over a quarter of the $110bn of catastrophe losses suffered in 2014 were covered by insurance - a higher proportion than the average over the past 30 years, figures from Munich Re show. Approximately $31bn of the catastrophe losses that arose in 2014 were protected by insurance, equal to almost 28.2% of the overall total. Over the past 30 years, average annual catastrophe losses stand at $130bn, of which $33bn is insured. That equates to an average of close to 25.4% of catastrophe losses being covered by insurance in each of the last 30 years. The figures for 2014 were a marked reduction on those from the previous year when $140bn of catastrophe losses hit, of which $39bn was insured. In 2014, 980 loss-related natural catastrophes were registered, a far higher number than both the average of the past 10 and 30 years which stand at 830 and 640 respectively. However, this higher number of natural catastrophes did not translate to greater financial losses. The higher number of catastrophe events did not also translate to a higher number of fatalities, with some 7,700 individuals losing their lives in these disasters. That is significantly less than the 21,000 deaths that arose from natural catastrophes in 2013, and the long term annual averages of 97,000 over the past decade and 56,000 in the past 30 years. “Though tragic in each individual case, the fact that fewer people were killed in natural catastrophes last year is good news,” said Torsten Jeworrek, a board member at Munich Re. “And this development is not a mere coincidence. In many places, early warning systems functioned better, and the authorities consistently brought people to safety in the face of approaching weather catastrophes, for example before Cyclone Hudhud struck India’s east coast and Typhoon Hagupit hit the coast of the Philippines. “However, the lower losses in 2014 should not give us a false sense of security, because the risk situation overall has not changed. There is no reason to expect a similarly moderate course in 2015. It is, however, impossible to predict what will happen in any individual year.” The biggest event in terms of overall losses in 2014 was cyclone Hudhud which hit India and cost in the region of $7bn. Of this, $530m was covered by insurance. As Munich Re explained, this may be a comparatively small proportion, but insurance penetration in the country is increasing at what the global reinsurer called “pleasing constant growth”. For the insurance industry, the costliest event in 2014 was a winter storm and heavy snow that affected Japan. Combined, this cost underwriters $3.1bn. Complaints about Payment Protection Insurance are still the main driver of financial disputes in the UK, according to Caroline Wayman, chief of the Financial Ombudsman Service. In its plans and budget for the 2015/16 financial year published today, the watchdog says it is planning to resolve a further 250,000 disputes involving missold payment protection insurance (PPI) – reducing the number of existing PPI cases from around 280,000 to 180,000. “Although numbers are slowly declining, it will be years before we can truly say this mis-selling scandal is over,” Wayman said. “Our plans take into account the increasingly hard-fought and complex nature of the cases we are seeing – not only in PPI but also in areas like mortgages and pensions.” The plans and budget set out how next year (2015/2016) the ombudsman is also planning to: answer 1.4 million front-line consumer enquiries; tackle 88,000 banking complaints, 33,000 insurance cases and 17,000 investment complaints; and recruit an additional 200 adjudicators and ombudsmen. The proposals to manage and fund this workload include lowering the total cost of the ombudsman to the financial services sector by 13% – with a reduced operating income of £220.7m. It says it is freezing the case fee paid by businesses at £550 – payable only after the 25th case – which means 99% of businesses will continue to pay no case fee at all. The ombudsman will continue the groupaccount charging arrangement for the eight largest businesses that generate the most complaints, resulting in three-quarters of its expected workload being funded on a more financially stable basis. Around 5,000 people a week ask the ombudsman to look into their PPI complaint. The service was set up by MPs to settle disputes between financial firms and consumers. Since 2011, banks have paid £16bn to customers in compensation, according to the Financial Conduct Authority. 14 january 2015 | 19 people news round-up moves Guy Carpenter broadening business Florida approves more policy take-outs The Florida Office of Insurance Regulation has approved a further 93,500 policies that can be transferred to four private insurers in March. The announcement came on Friday January 9th, two days after Citizens chief executive and president Barry Gilway said in a meeting with legislators that he had revised his earlier projection that Citizens would retain about 650,000 policies, but that this estimate had been reduced to between 525,000 and 550,000. Gilway told Florida’s House Insurance & Banking Subcommittee that “I would have told you a year ago that nobody was going to write a mobile home in Florida that was produced (during or before) 1994. Yet we now have a company in Florida, Mount Beacon, that’s basically focused on mobile homes in Florida that were built in 1994 or prior. Two years ago Citizens had nearly 1.5m policies on its books, but has managed to reduce this to little more than 650,000, although the strategy has not been without controversy. Many of the policies have gone to start-up insurers established specifically to “take out” policies from Citizens. critics have claimed that, although the potential financial exposure to Citizens had been reduced, says Gilway, to $200bn from more than $510bn, this did not mean that the potential liability for the Florida taxpayer had been reduced by a similar amount. However, private companies tend to seek the least risky of the Citizens policies, which mitigates the likely payout, although not the absolute liability. A major part of Citizens’ reduction has not related to take-outs, but to a new electronic clearing-house. This compares new and returning residential policies. When a private firm’s pricing is found to be within 15% of Citizens for a new singlefamily policy, that policy has to go to the private insurer rather than to Citizens. Mount Beacon Insurance was approved to acquire up to 35,000 single-family home policies; Anchor P&C was allocated up to 28,000 single-family home policies; Heritage P&C was approved for up to 20,000 single-family home policies and 500 commercial-residential policies. Southern Oak Insurance was allocated up to 10,000 single-family home policies. Guy Carpenter is responding to the ongoing pressure on broking revenues by looking to broaden its operations and evolve into more of a consultancy. While there have been frequent discussions about how reinsurers are suffering from pricing pressure, there has been little mention of how brokers are also finding the going tough. Reinsurance brokers derive their revenue from fees and commissions which are often related to the sums of money being placed. With many insurers now spending less on their reinsurance purchase, or indeed buying lower levels of cover, there has been a knock on effect for brokers. Nick Frankland, chief executive of Guy Carpenter’s operations in Europe, the Middle East and Africa, said there is pressure on revenues, but at the same time, his firm is protected from much of it because the contracts with some of its larger clients include an agreed fee rather than brokerage based on the business placed. However, Frankland conceded that clients are buying less cover, which is having an effect on revenue levels. In a bid to offset this, Guy Carpenter is looking to develop its business outside of core broking. GC Securities, which provides alternative capital solutions to clients beyond traditional reinsurance, continues to grow and bring additional revenue to the business. On top of that, Guy Carpenter is also increasingly focusing on providing advisory services to its clients through its Global Strategic Advisory arm, a unit of the business which Frankland said “has added tens of millions of dollars to our revenues”. “It leads us into a different space,” said Frankland. “We are trying to raise the level of discussion with how our clients run their business. Our aspiration is to have more of a consultancy based model along with the power of being a traditional reinsurance broker.” n www.reactionsnet.com Follow us @reactionsnet 20 | 14 january 2015 people moves Martijn Meijboom, Senior Underwriter; Arnout Bijl, Underwriter; and Bart Leijssen, Engineer. Warren noted that renewable energy was "a growing area requiring specialist insurance and I am delighted that this highly skilled and experienced team have joined Canopius to expand our energy product range." Alastair Speare-Cole Speare-Cole heads to Qatar Re Alastair Speare-Cole, who was chief executive officer of JLT Re between 2011 and August last year, has joined Qatar Re as Chief Underwriting Officer (CUO). It was announced in August that SpeareCole, who was one of the driving forces behind the merger of JLT Re and Towers Re, would be leaving the JLT Re business at the end of 2014. Mike Reynolds became CEO there. Speare-Cole replaces Willi Schürch, who is retiring from the post of CUO. Qatar Re chief executive Gunther Saacke said that it was "a great privilege to have such a high-calibre and widely respected insurance executive on board". Speare-Cole's main experience is on the reinsurance broking side, having worked with Aon Re, Aon Benfield UK, and finally JLT Re. Willi Schürch joined Qatar Re along with Saacke back in 2012, when both left Novae Re. Canopius launches new division Specialty re/insurance group Canopius, part of Sompo Group Holdings, has announced the launch of a Renewable Energy division, comprising five specialists and based in Amsterdam. The team will report to Steve Warren, Head of Energy at Canopius in London, and to Jimmy Guman, Managing Director of Sompo Japan Nipponkoa Nederland. The new team takes up its business with immediate effect. The new team joins from Delta Lloyd, and will be led by Maarten Mulder, Head of Renewable Energy. Other members are Aspen Insurance US appoints excess auto leader Aspen Insurance US has appointed Martin Brauner as its new senior vice president and product leader for excess auto liability. He will report to Roxanne Mitchell, the insurer’s executive vice president and chief casualty officer. Excess auto liability is one of the five product lines within Aspen’s US casualty structure: the other four being real estate including hospitality; construction; products liability; and excess casualty. “Martin’s considerable knowledge of the US automobile liability market and his success in managing a profitable operation will be invaluable to the growth strategy of the US casualty team,” said Mitchell. “I am excited to welcome Martin to Aspen as we expand our Casualty market presence with a new excess automobile liability facility.” Brauner joins Aspen with 20 years of experience in management, product development, underwriting, and marketing for commercial automobile liability and transportation risks. Prior to joining Aspen, he was responsible for a commercial automobile underwriting team across 14 US states with multiple underwriting offices for Lexington Insurance Company. Before that he previously held positions at Big Moose Holdings and United States Fidelity & Guaranty Company. their vast collective wealth of specialist knowledge and experience. This will play a key role in realising our ambitions and enhancing our strategic development.” New appointments at Acappella Acappella Syndicate 2014 has announced the appointment of David Jones to the post of Divisional Head of Casualty, Insurance. Jones joins from AMTrust at Lloyd's, where he was Divisional Head of Casualty. Before that he had spent a decade leading Markel's Casualty team. Jones is joined by Class Underwriters Laurie Devereaux and Helen Beamish. also from AMTrust at Lloyd's. Caroline Matthews joins as Trainee Underwriter. The team will begin writing in Professional Indemnity, Management Liability (D&O/Crime) and General Liability. Godwin named head of claims at Lloyd’s Philip Godwin has been named as Lloyd’s new head of claims to replace David Lang who has been given the new role of chief data officer. Godwin has worked within Lloyd’s claims function ever since he joined the corporation in September 2007, and he has played a major role in implementing the market oversight framework as well as Lloyd’s claims proposition. During his more than seven years with Lloyd’s, Godwin has also supported the market in responding to a range of complex global situations. On top of that, he spearheaded the development of the Lloyd’s Market Strategic Claims Group. He remains the chairman of that group. Under his leadership, the claims team will continue to have a two objectives of both providing market oversight and delivering commercial support to Lloyd’s stakeholders. n Price Forbes recruits RK Harrison team Specialist insurance broker Price Forbes has recruited Bruno Le Roy as Head of Specie, as well as nine additional tem members. Le Roy joins Price Forbes from brokerage RK Harrison, as do team members David Cobb, John Holton, Richard Phillips and Chris Randall. Price Forbes chief executive Michael Donegan said: “I am delighted to welcome our new Specie team members to Price Forbes. We have enjoyed significant growth in this sector. Under Bruno’s leadership we will combine our existing expertise with our new team to harness Philip Godwin 14 january 2015 | 21
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