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CAGNY Meeting. May 29, 2002. What is “Suretyship”?. Suretyship is essentially an extension of credit by the surety on behalf of the principal . Suretyship is designed to protect the Obligee from exposures to loss. What are “Surety Bonds”?.
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CAGNY Meeting May 29, 2002
What is “Suretyship”? • Suretyship is essentially an extension of credit by the surety on behalf of the principal. Suretyship is designed to protect the Obligee from exposures to loss.
What are “Surety Bonds”? • A surety bond is a written agreement providing for monetary compensation or satisfactory completion of an obligation by the surety. A surety bond is a three-party agreement whereby the surety is bound, with the principal to the Obligee.
There are two broad categories of Surety • Contract Surety – a contract bond guarantees the performance of the principal under a written contract to build or supply goods and services. • Commercial Surety (also known as non-contract or miscellaneous bonds) – a commercial surety bond guarantees the principal will honor obligations to pay certain sums of money under defined agreements or statutory terms.
Industry Results for Contract and Commercial Surety - 1987-1998
Industry Results for Contract and Commercial Surety - 1999-2001
Primary Market Changes from January 2000 –December 2001 • - Consolidation through acquisition • Travelers/Reliance • St. Paul/USF&G/Seaboard • Zurich/F&D • - Reduction through insolvency • Fireman’s Fund (Surety Operation) • Frontier • Amwest • First Indemnity of America
Reinsurance MarketChanges from January 2000 – December 2001 • - Calendar year 1999-over 25 active reinsurers with a total • market capacity exceeding $250,000,000 • - December 2001 – 12 active reinsurers with a • total market capacity at approximately • $90,000,000 (excluding New Bermuda markets) • - Between September and December we lost • FolksAmerica, St. Paul Re and Gerling. • Post January 1, 2002 Odyssey Re and Arch • Re emerged as new markets.
Loss Activity (Contract & Commercial Surety) • Contract Surety • Loss activity over the past 5 years has increased in both frequency and severity • Gross vs. Net Results • Reinsurers share of the industry losses disproportionate Commercial Surety • Historically very profitable • Over the past 5 years: New product development • Growing number of high risk obligations
Recent Claim Activity • ContractSurety losses over $50 million are now common • Loss over $200 million is in the market; Freide Goldman Halter (two sureties involved) • CommercialSurety losses are growing with the biggest claim ever produced now in litigation. • The biggest potential loss is Enron Corp. • Another potential large loss is Kmart
Enron • US Surety Market & Exposures • Market participants • Primary companies: • Chubb Safeco • St. Paul AIG • Liberty Bond CNA Surety • Travelers Hartford • Fireman’s Fund F&D Surety • Kemper Atlantic Mutual • Total = $2,488,000,000
Enron • US Surety Market & Exposures • Market participants • Reinsurance companies: • Transatlantic Re Gerling Global • Swiss Re American Re • Gen Re Nac Re/XL Re • Partner Re St. Paul Re • Folksamerica Zurich Re • C.N.A. Re Hanover Re • Employers Re Everest Re • SCOR Re Berkley Group • London • Total = $750,000,000
What Do We Know About Enron Corporation? • Corporate Headquarters – Houston, Texas • Advanced Energy Trading Business • Divested (sold) most fixed assets from 1990-1998 • Early 2001 market capitalization topped $88 billion • Leader in its market • Darling of Wall Street
Account Underwriting • Corporate Financial Statement • Value Line/S&P Rating Etc. • Very Limited Client Contact
Surety Involvement • Contract Surety • - Performance Bond / Payment Bonds • - Operations and Maintenance Bonds • Commercial Surety • - Advance Payment Bond • - Premium Payment Bond • - Financial Guarantee Bond • Domestic Business Interests • International Business Interests
Where Are The Losses • Contract - most likely from the international business • - Argentina exposure most tenuous • - estimate $25-$200 million • Commercial - paid losses to date exceed $265,000,000 • - A.P.E.A. Bond • - Winterthur Bond • - NEPOOL Bonds • - Mahonia Bonds
A.P.E.A. Bond • Paid loss $250,000,000 • Structure of the deal • Foreword sale agreement • J.P. Morgan/Chase • A.P.E.A. • End Users • Enron
Mahonia • Who/What is Mahonia • Six Open Bonds • Guarantee Advance Payment • Total Amount On Six Bond claims - $1.1 Billion • Current Litigation
Kmart • Commercial Surety Loss • Workers’ Compensation/Self Insurers Bond • Lease Bonds • License and Permit Bonds