NAIC Solvency Flashcards
List the US Insurance Regulatory Mission
Protect the interests of the policyholder and those who rely on the insurance coverage provided to the policyholder first and foremost, while also facilitating the financial stability and reliability of insurance institutions for an effective and efficient marketplace for insurance products.
What approach did regulators determine is the best way to achieve this Regulatory Mission
Combining Financial Regulation and Market Regulation
3 stages of Financial Regulation
- Mitigate/ eliminate risks via restrictions on insurer’s activities
- Use financial tools and oversight to work with insurers to implement corrective actions
- Provide a backstop of financial protection in the event of a receivership
List & briefly describe 3 types of receivership
- conservation = safeguard the insurer’s assets while the regulator determines the best course of action
- rehabilitation = a tool to fix the problems, protect the assets, run off the liabilities or prepare for liquidation
- liquidation = identify the creditors & distribute the assets
Briefly define “Market Regulation”
Analysis/ oversight of insurer’s behavior in the market.
What do regulators look at during Market Regulation
Treatment of policyholders & claimants in product development & pricing
* Competition
* Statistical reporting
* Administration of residual markets
* Licensing of insurance producers
* Consumer assistance & information services
List some factors that influence the “optimum level of regulation”
- Costs & benefits of regulation
- Fair & equitable treatment of insurance consumers
- Financial stability & reliability of insurance institutions
List some factors that we can consider when assessing the level of regulatory success
- Frequency & extent that the regulation helped by identifying and correcting the insurer’s problems before they caused harm to policyholders and claimants
- Frequency of insolvencies, and payments to policyholders in those insolvencies
- Effective & efficient rehabilitation actions
- Market health
- Levels of competition
- Perceived and actual cost-benefit of regulation
List 3 points to support the argument that the US regulatory system has been “successful”
- There is a strong track record of protecting consumers and overseeing solvency
- There is a strong depth & breadth of the US insurance industry
- Capacity of the insurance guaranty system
List the components of “Requisite authority”
- Legal basis
- Independence & accountability
- Adequate powers
- Financial resources
- Human resources
- Legal protection
- Confidentiality
How can regulators effectively regulate in a market as big as the US insurance market
Regulators need to adopt a risk focused approach, where they focus on the greatest risk that insurers are exposed to.
List 2 unique features of US insurance regulation
- Extensive system of peer review, communication & collaborative effort: commissioners can question the actions of another DOI and pressure that DOI to act.
- Diversity of perspectives results in centrist solutions: Overregulation harms consumers, whereas under-regulation harms consumers & taxpayers.
7 core principles of the US Insurance Financial Solvency Framework
- Regulatory Reporting, Disclosure & Transparency
- Off-site Monitoring & Analysis
- On-site Risk focused Examinations
- Reserves, Capital Adequacy and Solvency
- Regulatory Control of Significant, Broad-based Risk-related Transactions/ Activities
- Preventive and Corrective Measures, including Enforcement
- Exiting the Market and Receivership
Briefly describe Principle 1 (Regulatory Reporting, Disclosure & Transparency)
Insurers regularly provide standardized financial reports to regulators to help assess risk & financial condition.
List some qualitative disclosures contained in the reports provided to regulators
- Interrogatories
- Notes to the Financial Statements
- Management’s discussion & analysis
- SAO
- Annual Audit Opinion (from the CPA)
Why are insurers subject to “market discipline”
Insurance reporting is very transparent: consumers can access the annual & quarterly statements. The market discipline will arise from analysis by the industry, financial markets and public.
Main purpose of off-site solvency monitoring
Assess the financial condition of the insurer on an on-going basis, and also to identify & assess current & prospective risks.
What type of information do regulators use in the off-site monitoring (in addition to the regulatory financial reports and financial tools)
- the CPA audit report
- results of the most recent on-site regulatory financial exam
- SEC filings
- Corporate reports
- Financial statements of controlling companies
- Market conduct reports
- Rate and form filings
- Consumer complaints
- Independent rating agency reports
- Correspondence from agents & insurers
List some items that are evaluated during the onsite exams
- Corporate governance
- Management oversight
- Financial strength
- Risk identification & mitigation
In what cases can the regulators perform exams more often than every 5 years
The regulators may perform more frequent exams of insurers who are subject to a higher level of financial risk. These more frequent exams may focus only on a specific risk.
2 purposes of the onsite exams
- Evaluate the solvency of the insurers, based on the view of strengths & weaknesses
- Develop a prospective view of the insurer’s risks and risk management practices
What type of information is included in the public exam report
- Assessment of financial condition
- Details about any of the material adverse findings from the exam
- May include required corrective actions/ improvements/ recommendations
2 reasons that the insurer needs to hold surplus in addition to reserves
- The resources can cover the policyholder obligations in most future economic scenarios
- There are sufficient resources for the regulator to be able to suggest or take corrective action in the case that an adverse trend is detected
List some transactions or activities that affect the policyholders’ interests that require regulatory approval
- Licensing requirements
- Change in control
- Dividends
- Transactions with affiliates
- Reinsurance