Study 5: The Regulatory Environment Flashcards

1
Q

What is the main focus of Insurance Regulation? (3)

A
  • Solvency
  • Market conduct of insurance companies
  • Availability and Affordability
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2
Q

What must insurers practice while also complying with government regulations? (1)

A

Good Corporate Governance - Must seek a balance between principle and rules. Too much emphasis on rules and regulations can stifle entrepreneurial activity.

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3
Q

What is one of the main goals of the Insurance Bureau of Canada (IBC)? (1) and do they deal with international regulatory bodies? (1)

A
  • To secure legislative efficiency and harmonization and to promote self-regulation.
  • Yes, IBC maintains relationships with relevant foreign and international regulatory bodies including the National Association of Insurance Commissioners (American regulator) and the International Association of insurance Supervisors - they deal with solvency
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4
Q

Why is it difficult to practice uniform legislation in Canada?(1) and what approach allows each province to maintain their individuality? (1)

A
  • Provinces have so many individual needs so the luxury of Uniform Legislation is not possible.
  • Harmonization allows provinces to maintain individuality while providing a common base of operation for the country.
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5
Q

What is a risk-based regulatory model? (3)

A
  • It is a model where regulators will work with insurance companies to have them solve their own problems.
  • Starts with healthy market with consumers’ needs met by products readily available and affordably priced. Everyone is treated fairly.
  • Changing the communication model between regulator and insurer is a focus of risk-based supervision. Governments must clearly state goals and key policy objectives to insurance industry.
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6
Q

What are the key objectives of risk-based regulatory models? (5)

A
  • Informed and empowered consumers
  • Timely and fair claims management
  • Meaningful choice for insurance consumers
  • Low system costs
  • Market stability
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7
Q

What are some other objectives of the risk-based regulatory model? (5)

A
  • Aim to neutralize the insurance premium rate cycle.(imposing price freezes)
  • Considers the effect that a company failure would have on consumers and economy.
  • Operates on the theory that different insurers face different risks depending on book of business, growth rate, investment management.
  • Must operate within a budget and according to a business plan.
  • Regulators Resources are concentrated on riskier institutions.
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8
Q

What information do regulators monitor? (10)

A

-monitor and analyze key indicators to exercise appropriate stewardship over the system as a whole. (develop info about insurers, its business practices, its significant activities, lines of business written, etc.)

They monitor following info:

  • Trends in loss cost developments
  • Average length of time that a claim is open
  • Cost of fraudulent and other illegal activity
  • Changes in average private passenger premiums
  • Consumer Price Index
  • Premiums for specific demographic profiles
  • Reinsurance costs as a percentage of premium
  • Profit or loss from a residual market mechanism
  • Capital bases of insurers operation in the province
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9
Q

What are the responsibilities of the federal government when it comes to insurers? (3) Are Reinsurers required to be licensed? (3)

A
  • Federal government monitors the solvency of federally incorporated insurers.
  • Each Federally incorporated insurer must be licensed in each province where it operates, as well as being licensed for each class of business which it writes.
  • Insurers can choose to register with provincial or federal government. (It affects how it can operate)
  • Reinsurers are not required to be licensed to operate in Canada, as they are less regulated.
  • -Less regulated because they sell to insurers, who are seen as sophisticated buyers.
  • -There is limitation on the % of risk that can be placed with an unregistered reinsurer.
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10
Q

Please describe the purpose the Office of the Superintendent of Financial Institutions (OSFI) (4)

**most likely exam question

A
  • Primary regulator of federally chartered Canadian and foreign P&C insurance companies.
  • Mission is to protect the interest of depositors, policy holders, pension plan members, and creditors of financial institutions from undue loss.
  • Administer regulatory framework that contributes to public confidence in a competitive financial system.
  • Supervise and Regulate all banks, insurers, trust and loan companies, etc.
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11
Q

What are the two main functions OSFI can be divided into? (2)

A
  • Regulatory functions: develop and interpret legislation/regulation, Issuing guidelines, approve requests under financial institution legislation.
  • Supervisory functions: assess the safety and soundness of the institution under its mandate. Evaluate risk profile, financial condition, risk management, compliance with laws and regulations.
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12
Q

What activities does OSFI perform in order to help insurer overcome possible failure? (7)

A
  • Outlines its best practices or risk management measures
  • Informs public of items of general interest
  • Publishes warnings for financial sector
  • Presents consultation papers to stakeholders
  • Continuously monitors insurers financial condition
  • Verifies compliance with regulations
  • Conducts periodic onsite examinations
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13
Q

What are some regulatory functions OSFI is responsible for?

A
  • Incorporating new Canadian companies
  • Issuing orders to Canadian and foreign companies to carry on business
  • Review and assess applications for corporate reorganization, changes of ownership, acquisitions of financial institutions, changes in classes of insured risk, withdrawal from Canadian insurance market.
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14
Q

How are the guidelines released by OSFI Categorized? (6)

A

-Guidelines are the best or prudent practices that OSFI expects insurers to follow.

They are categorized as follows:

  • Capital Adequacy Requirements
  • Prudent limits and restrictions
  • Accounting and Disclosure
  • Sound Business and financial practices
  • Standards of sound business for life insurers
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15
Q

What are some other things OSFI looks at when it comes to insurers? (3)

A
  • Looks at outsourcing of business activities by insurers. (policy admin, claims, accounting, underwriting)
  • Will evaluate risk, carry out a due diligence study, create a business continuity plan, establish process for monitoring and managing outsourced activities
  • Assigns a relationship manager to each institution who gets to know the people in the companies, and know how companies operate (this can allow financial downturns to be identified early)
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16
Q

What are the main responsibilities of provincial and territorial regulators? (12)

A

-Mainly concerned with market conduct issues, policy wording, affordability, and availability.

Main responsibilities include:

  • Monitor insurers compliance with provincial legislation
  • Monitor solvency of insurers
  • Licensing insurers to operate
  • Licensing and supervising adjusters, brokers
  • Approving class of business
  • Controlling insurers advertising
  • Approving policy forms
  • Reviewing insurance contract wordings
  • Overseeing claims settlement practices
  • Overseeing marketing of insurance
  • Overseeing ethical practices of insurers
17
Q

What may be done to regulate automobile underwriting rules? (4)

A
  • In some provinces, Rate and product related filing requirements are imposed on auto insurers to ensure that customers are treated uniformly.
  • Insurers must conform with underwriting rules if they deny renewal to applicant.
  • Insurers must adhere to provincial statutory conditions for non-renewal.
  • Insurers may send applicant to Facility Association.
18
Q

Please describe the Canadian Council of Insurance Regulators (CCIR) (4)

A
  • Association composed of federal/provincial regulators. They cannot enact legislation, but members make recommendations to their respective government on related issues.
  • Focus is on improving efficiency and effectiveness of the Canadian regulatory framework.
  • Overall goal is to simplify, coordinate, and harmonize the regulation of insurance in Canada.

CCIR has been involved in:

  • Harmonizing and streamlining licensing approvals
  • Fast-tracking license approvals for insurers seeking licensing in different jurisdiction
  • streamlining financial and corporate filings
19
Q

Insurance product licensing: What are the guidelines that the CCIR created when it comes to the insurer offering a new product? (6)

A

-Insurer must prepare a submission for regulatory approval when a new product is launched. (Must conform with CCIR guidelines)

Insurer guidelines include the following:

  • Conduct detail analysis of its available underwriting expertise, claims handling capabilities, and its other important functions.
  • Must establish appropriate controls to monitor performance
  • Must education its distribution network about new product
  • Must prepare financial forecasts of new product
  • Must develop exit strategy to minimize effect of market dislocation
20
Q

Describe Insurance Company solvency (1) and when regulators may get actively involved. (2)

A

-A company is considered solvent when it is capable of honoring all its debts even if it closed down immediately.

  • Regulators become more involved when it identifies a problem with the an insurer. Threats to insurers financial viability may lead to OSFI putting company on regulatory watchlist.
  • Further actions may be required such as restricting business operations, increasing on-site examinations, calling for additional capital to be invested in the company, discussing contingency plans.
21
Q

Explain how OSFI regulations insurers earthquake exposure? (3) outline the guidelines OSFI has developed in tracking earthquake exposures? (2)

A
  • Insurers are required by OSFI to reserve against potential liabilities arising from major earthquake.
  • How an insures earthquake exposure is reinsured is also noted by OSFI.
  • Insurers must document procedures and outline how they plan to manage earthquake risk to OSFI.
  • Computer models have been developed to estimate PML.
  • Insurers must have contingency plans.
22
Q

What are the guidelines that regulators have established when it comes to regulatory assessment measures? (4)

A

-Regulators assess whether reported liabilities are realistic for a companies claims, unearned premiums, and other amounts owing.

Guidelines include the following:

  • Reserves: subject to annual review by qualified actuary. Adequacy to pay claims
  • Receivable: collectability of Accounts receivable and reinsurance recoveries (credit risk) are reviewed
  • Investment Risk: manner in which insurers may invest their assets is subject to regulation
23
Q

What must be considered when assessing foreign subsidiaries? (2)

A
  • Financial strength of the parent company and quality and type of home country regulation are considered.
  • Regulator reviews rating agency reports and financial reports to determine condition of parent company
24
Q

What characteristics of the insurer does OSFI consider when it conducts On-site Reviews? (4)

A

OSFI reviews the following characteristics:
-Insurance Risk - the product and its pricing are examined to determine if the insurer’s exposure was greater than its pricing.

  • Underwriting of Risk - insurer’s exposure through risk selection and approval, reinsurance, claims reserving/settlements
  • Legal and regulatory compliance - insurers compliance with regulation, and if they conform to ethical standards

Dishonesty or Error Detection - controls to detect dishonesty or errors in data and disaster recovery plans are reviewed.

25
Q

Describe the regulation of investments for insurance companies. (3)

A
  • Type of investment that are permitted to be held are subject to regulation.
  • Insurers must establish internal policies on investments to ensure best and prudent standards.
  • Applies limitations on real estate and equity holdings to encourage the purchase of safer and more stable products like Guaranteed investment certificates and bonds.
26
Q

Describe Financial Regulatory Tests (2) and measuring capacity. (3)

A
  • OSFI applies test to the balance sheet with emphasis on insurers assets, liabilities, and capital.
  • Managing capacity is critical to companies success (adding capital can enhance solvency)
  • Regulators impose minimum capital requirements on insurers, and this limits their capacity to write business.
  • Capacity is function of both capital available and extent of exposure insurers are prepared to accept.
  • Insurers must have enough capital to cover expenses, commissions, premium taxes, and claims
27
Q

What guidelines to regulators use to measure the capacity of insurers? (2)

A
  • Ratio of net premiums to equity (capital and surplus) is measured. Average ratio is 2.5:1
  • Maximum single exposure is assessed. (Max percentage of equity that can be put at risk on single exposure)
28
Q

How does OSFI Measure solvency? (5)

A
  • Use the minimum capital test (MCT)
  • Test is intended to give regulators early warning of insurers potential solvency problems.
  • OSFI communicated with insurers to determine amount of capital required to support insurers premium volumes (Up to insurer to determine capital needed)
  • MCT requires insurer’s assets to exceed liabilities by a specified ratio (ratio may be higher for some insurers than others)
  • Margin is added to the MCT for the risk that may be unable to recover on purchased reinsurance (Smaller margin if reinsurer is registered)
29
Q

Describe overcapitalized (1) and undercapitalized insurers. (2)

A

-Overcapitalized - Will want to increase premium to take full advantage of capital at their disposal.

  • Undercapitalized - Must restore acceptable balance between their premium volume and capital they have to support it.
  • Such insurers can reduce premium written, cede more to registered reinsurers, reduce capacity, restructure balance sheet to free up capital, take different strategic direction)
30
Q

What happens when capital becomes scarce? (3)

A
  • More difficult for insurer to accommodate certain lines.
  • Variation of margins the MCT requires for loss reserves might incline an insurer to pursue lines of insurance for which lower margins and less capital are required.
  • Writing risky business requires more capital, less risky business requires less capital.
31
Q

Describe the Financial Consumer Agency of Canada (2) what activities they perform (5) and what there mission is. (2)

A
  • Oversee consumer issues and expand consumer education in the financial sector.
  • Promotes awareness of the financial system and the rights and responsibilities of consumers.

Performs the following activities:

  • Supervises financial institutions to determine if they are in compliance.
  • Promotes adoption of policies and procedures to implement consumer provision
  • Monitors financial institutions’ publicly available codes of conducts
  • Promotes consumer awareness about the obligations of financial institutions
  • Fosters understanding of financial services with other relevant organizations

FCAC’s mission is to improve Canada’s Financial marketplace by doing the following:

  • supervising financial institutions efficiently with respect to fulfilling their obligations to consumers
  • providing info to consumers to enable them to understand their rights and to make informed financial decisions
32
Q

Describe privacy regulation (1) and concerns that consumers may have related to privacy issues with insurers. (5)

A

-All businesses are subject to privacy law - Personal Information Protection and Electronic Documents Act (PIPEDA)

Privacy concerns of consumers include the following:

  • Request for access
  • Use and disclosure of info
  • Collection without consent,
  • Wording of companies’ consents
  • Access to statements taken from 3rd parties