mix Flashcards
reasons for caps on non-pecuniary damages (Trilogy Ruling)
CAPS
- keep Cost low, avail & afford
- Awards are limitless
- Predictability of awards
- Social burden
identify exceptions to Trilogy decision (caps removed)
- sexual abuse
- defamation
- negligence causing financial loss
because no evidence that these exceptional cases would increase cost of insurance or social burden
define J&S liability
plaintiff may recover any or all damages from any or all defendants regardless of share of liability
proposed reform of J&S
FREe
- Fund
- Replace with proportional liability
- Eliminate J&S from non pecuniary damages
advan & disadv of J&S reform
adv: discourages search for deep pockets and decreases costs
disadv: there is a cost to determining proportionate liability, parties would tend to argue for lower percentage
federal areas of exclusive authority
RBC BAT
- Regulation of trade and commerce
- Banking
- Criminal Law
- Bankruptcy and insolvency
- Aliens & Naturalization
- Taxation
areas and matters under provincial insurance legislation and regulation
contract matters: policy contents/ terms/ prem payment
transaction matters: AUC: agent licensing, unfair practices, claims handling
define materiality
an omission/under/over statement is material
if the actuary expects it to materially affect the user’s decision making or reasonable expectations
chars of an insurance company that may affect materiality
F-STARS
financial strength
size of entity
type of business
access to capital
net retention
stage of organization life cycle
FARM and RSP operational difference regarding rates
FARM- set by FA
RSP - uses rate of ceding company
objectives of peer review
AAR
Assist OSFI in assessing insurer safety and soundness
Assist AA on independent advice and professional development
Raise confidence in AA
required management action if capital available falls below internal capital target
if this happens or is expected within 2 years, notify OSFI and submit a plan to restore capital to internal target level reasonably quickly
purpose of stress testing
CCRL
- complement to other risk management tools
- capital management support
- Risk identify and control
- liquidation improve
considerations in adjusting an insurer’s rating based on its stressed BCAR score
FFHR
financial flexibility
frequency of severe exposure
historical volatility
risk management
arguments in support of using credit scores
statistically significant: high cs individuals have lower claim costs, removing cs will not change aggregate premium collected
has qualities of a good rating variable: easy to calculate, objective, verifiable
arguments against using credit scores
uhap
unfairly discriminatory
high cs insured often pay small claims out of pocket so their true costs may be understated
accuracy
privacy concerns
subsequent event definition
an event
of which an actuary first becomes aware
after the calculation date
but before report date
criteria a government insurance should satisfy
- is it welfare or insurance
- is it efficient
- is it necessary
why do insurers maintain credit ratings with rating agencies?
- agents are wary of unrated insurers
- 3rd party rely on ratings for solvency assessment
- efficiency: agents uws and regulators dont have expertise to do their own rating
define compensatory basis in the context of income replacement
- refers to basis for compensating loss of income
- basis can be either prior net or gross income
- income replacement is a percentage of this basis
- current uses gross
- gross ignores taxes and work related expenses that donot occur when not working so potential of over compensating
can CFO be AA?
yes if
- audit committee writes to OSFI that duties of CFO&AA can be adequately and independently performed
- OSFI authorizes appointment
examples of federal regulation/legislation regarding insurer solvency
areas under federal insurance regulation
CAR PRICE
- Calculation of Assets and Reserves
- Protect phs
- Regular reporting
- Investments
- Conditions for Entering business
OSFI expectations regarding an AA
AA must be a Canadian profession with Canadian experience
Exp:
- 3 years of Canadian experience in the last 6 years, at least 1 year in valuation
- experience with CIA SOPs, insurance legislation and regulation
Professionalism
- must maintain professional designation requirements
- no adverse findings with CIA
List of peer review work
i AM AA DIE MAF
- Assumptions and Methods
- did AA use AAP
- did AA document
- Internal/external changes
- MCT/BAAT
- examine Adequacy
- FCT scenarios
identify financial resources for covering PML for earthquake exposure
CREC
- Capital and surplus (max 10%)
- Reinsurance
- Earthquake reserves
- Capital market financing
describe board vs management responsibilities regarding stress testing program
BoD;
- ultimate responsibility of program
- ensure implementation of program by management
- aware of key findings
Management
- Implement and manage stress testing program
- develop and implement risk mitigation strategies
credit score use: regulator’s concern in economic crisis
on agg prem: an unwarranted increase. A new rating variable alone should not increase aggregate premium
on ind prem: a distributional shift that doesnot reflect true cost differences
actuary’s response on regulator’s concern of using cs
agg prem: can apply obf to reverse agg premium
ind prem: stop using temporarily, redo classification after economy stabilizes
key principles of risk transfer assessment
QQ- PIA
transfer risk using QQ on PIA tables
- use quantitative and qualitative approaches depending on info available
- use Professional judgement
- check risk transfer at Inception of contract
- consider overall Agreement
types of terms set in advance risk limiting features
- adjustability of reinsurance premiums or commissions
- pre set limits on timing of loss payments from reinsurer to insurer (removes timing risk)
- counterparties ceding back to original cedant
exs of Experience Based Renewals risk limiting features
- future terms based on past experience and reinsurer guaranteed to recover losses
- forced renewals if the contract is in deficit
why may efficiency of government insurance be overstated
other govt departments may already be performing services normally provided by insurer but the cost of these services may not be included in expenses
agriculture- what is the federal requirement for self sus
956152580
for all base and adverse scenarios
- calc 95th percentile of the fund balance at the end of 6th year
- rerun the scenario with that starting point
then the program is self sus if deficit recovery occurs
- within 15 years on avg and
- within 25 years with 80% prob
objective of FA
ensure auto availability for all owners and licensed drivers who are unable to obtain coverage through the voluntary market
FARM and RSP admission difference
- only if when broker cant place risk with voluntary company
- use uw rules of ceding company
minimum requirements for rsp transfer eligibility
- PAA only
- cant be eligible for FARM
- policy must satisfy statutory minimum coverage requirements
- insurer must follow proper classification and rating and provide documentation
- insurer must use approved rates
prohibited risk classification elements
CCONES
- claims where less than 25% at fault
- credit history
- occupation with exception
- net worth
- employment
- salary
potential reforms to Canada’s plaintiff friendly tort system
JCCV
- joint and several replace with proportional
- comprehensive income gross to net
- collateral disclose (sick pay and disability)
- vicarious liability eliminate
IBC’s guidelines on use of credit info
CAARA Choreographs a LAP Dance on Classical music
- Consent
- Adverse Selection
- no Refusal
- Accuracy
- Cannot quote/deny/cancel based solely on credit
- Legislation
- Appeal
- Privacy
- Double count
- Complaint
reporting requirements of AA to BoD
- provide report on financial position annually
- provide report on financial condition when directed by OSFI