Letter to FIO and NAIC from Senate Banking Committee

Link: https://www.banking.senate.gov/imo/media/doc/brown_letter_on_insurance_031622.pdf

Excerpt:

  1. What risks do the more aggressive investment strategies pursued by private equity-controlled insurers present to policyholders?
  2. What risks do lending and other shadow-bank activities pursued by companies that also
    own or control significant amounts of life insurance-related assets pose to policyholders?
  3. Are there risks to the broader economy related to investment strategies, lending, and
    other shadow-bank activities pursued by these companies?
  4. In cases of pension risk transfer arrangements, what is the impact on protections for
    pension plan beneficiaries if plans are terminated and replaced with lump-sum payouts or
    annuity contracts? Specifically, how are protections related to ERISA and PBGC
    insurance affected in these cases?
  5. Given that many private equity firms and asset managers are not public companies, what
    risks to transparency arise from the transfer of insurance obligations to these firms? Will
    retirees and the public have visibility into the investment strategies of the firms they are
    relying on for their retirements?
  6. Are state regulatory regimes capable of assessing and managing the risks related to the
    more complex structures and investment strategies of private equity-controlled insurance
    companies or obligations? If not, how can FIO work with state regulators to aid in the
    assessment and management of these risks?

Author(s): Sen. Sherrod Brown

Publication Date: 16 March 2022

Publication Site: U.S. Senate Banking Committee

Current Issues in Insurance

Link: https://www.banking.senate.gov/hearings/current-issues-in-insurance

Excerpt: https://www.banking.senate.gov/imo/media/doc/Brown%20Statement%209-8-22.pdf

Statement from Chair Sherrod Brown (D-OH)

Every American needs insurance – whether it’s auto insurance to protect us when we’re on the
road, or homeowners’ insurance to protect the biggest investment for most families, or life
insurance to cement your family’s financial security in the event of a tragedy.
It’s our job to make sure that the industry is protecting Americans’ hard-earned money – not
putting it at risk.
American insurance companies are regulated by state insurance commissioners. The state-based
system of insurance regulation is historic, and ensures local markets and needs are taken into
consideration.
The National Association of Insurance Commissioners coordinates state commissioners across
all jurisdictions, to identify and address risks to the entire system.
In the Wall Street Reform Act, Congress created the Federal Insurance Office within the
Treasury Department to promote national coordination in the insurance sector. It’s common
sense – insurers operate across all state jurisdictions and internationally.
I’m pleased to have both the Maryland Commissioner Kathleen Birrane on behalf of the NAIC,
and Director Seitz of FIO testify today.
If we’re going to keep Americans’ hard-earned money safe, it is more important than ever that
they work together.
Today we’ll explore many important topics.
For example, three months ago, Lockheed Martin transferred $4.3 billion of its pensions to
Athene Holding – an insurance holding company specializing in life insurance and owned by the
private equity firm, Apollo Global Management.
Overnight, Lockheed Martin employees and retirees were notified that their pensions would be
managed by Athene and no longer governed by ERISA or the Pension Benefit Guaranty
Corporation.
This is just one recent example of private equity giants’ expansion into people’s pensions and the
insurance industry.
We know that workers end up worse off when Wall Street private equity firms get involved.
We’ve seen it over and over, in industry after industry.
In March, I asked the NAIC and FIO to look into private equity’s expansion into similar pensionrisk transfer transactions. We need to understand the risks to workers whose financial security
depends on pension and retirement programs.
The NAIC and FIO provided thoughtful responses to my letter. The NAIC has been monitoring
the risk-taking behavior of private equity-owned insurers.
FIO has done similar work, and also looked at the wider interconnectedness of insurance and
reinsurance markets across the world. Those connections have added to systemic risk concerns,
because U.S. insurance companies depend even more on the financial health of insurance
companies outside the U.S.
Taken together, our insurance authorities are focused on these emerging and complex risks to
safeguard our economy.
Our communities and families rely on insurance companies to protect their loved ones, their
homes, small business, and so many parts of our lives. We can’t ignore when risks build up, or
firms behave irresponsibly.
And we know who always pays the price when they do. It’s not insurance executives. It’s not
private equity executives. It’s not Wall Street.
It’s workers and their families. And it’s taxpayers, who were forced to bail out AIG 15 years ago.
That should never happen again.
That also means looking around the corner to make sure the industry and agencies are prepared
for risks as they develop. As more Americans face increasingly severe climate catastrophes like
wildfires and hurricanes each year, we need to help communities prepare – and we need to
ensure insurance watchdogs and the companies they oversee are prepared.
In the aftermath of some of these natural disasters, we have seen instances where insurers either
raise prices or stop offering insurance altogether, leaving families and businesses struggling to
find affordable coverage as they rebuild their lives and communities.
We also know this industry has a long history of racial discrimination, just like so many big
industries.
Black and brown families face more difficulty in getting insurance across the board. We’ve seen
this happen in auto insurance.
Earlier this year, The New York Times also reported that customers, insurance agents, and
employees sued State Farm for discrimination in the workplace and in paying out claims.
My colleague Chairwoman Waters has been working on learning more about this as well. Her
committee recently requested information about large life and P&C insurers’ involvement in
financing chattel slavery.
And I’m glad FIO and NAIC are also working on this. NAIC is investigating through its Special
Committee on Race and Insurance.
And I look forward to reviewing FIO’s upcoming report on availability and affordability of auto
insurance, and hope it will shed more light on racial equity in accessing this insurance.
Finally, later this year, the International Association of Insurance Supervisors will meet to
consider whether the U.S. insurance system’s review of capital adequacy standards meets
international criteria.
Because we regulate insurance differently here in the U.S., where state and local markets and
international markets are served by the same companies, it’s important that representatives of the
U.S. system like FIO and the NAIC advocate for fair treatment by the international regulators.
And now that the Fed Vice Chair for Supervision has been confirmed, Michael Barr and the
offices testifying here today will get to work with our international counterparts in this process.
All of these issues show how critical the work of FIO and NAIC is to our economy’s health and
stability. I expect FIO and NAIC to prioritize monitoring these risks in their ongoing work.

Publication Date: 8 Sept 2022

Publication Site: COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS of the U.S. Senate

A Framework for Defining a Role for Insurers in “Uninsurable” Risks: Insights from COVID-19

Link: https://content.naic.org/sites/default/files/JIR-ZA-40-10-EL.pdf

Graphic:

Excerpt:

RETHINKING UNINSURABILITY While many have viewed insurability as a binary choice with respect to a risk (i.e., insurable or uninsurable), insurability is more appropriately considered on a continuum, ranging from easy-to-insure, such as automobile or life insurance, to difficult-to-insure, such as pandemic, loss of the electrical grid, and other extreme catastrophic risks.

FRAMEWORK The role of private and public sectors in dealing with risks that are difficult-to-insure should be to develop strategies that enable a greater degree of insurability. To do so, the framework suggests that policymakers consider three fundamental options in dealing with the insurance industry:

Status Quo (SQ) –This option (SQ) contemplates a similar dynamic to that experienced with COVID-19, wherein businesses, nonprofits, and local governments found limited (if any) insurance coverage for their losses and ex post relief programs funded by the government.

Service Provider (SP) – This option (SP) contemplates an administrative, non-risk-bearing role for the insurance industry while the entire cost of claims would be publicly financed.

Service and Risk (SR) –In addition to its role as a service provider as characterized by SP, this option (SR) would expect insurers to commit capital – in an amount that does not threaten their financial viability – to cover a specified layer or other defined element of losses.

Author(s): Howard Kunreuther, Jason Schupp

Publication Date: 2021

Publication Site: NAIC

Mid-Year 2022 Capital Markets Update

Link: https://content.naic.org/sites/default/files/capital-markets-special-reports-mid-year-2022-update.pdf

Graphic:

Excerpt:

The shape of the Treasury yield curve generally provides insight into the market’s expectations for
interest rates, as well as economic activity. As of June, the yield curve has shifted higher and flattened
compared to the beginning of the year and the last year. The Federal Reserve’s recent aggressive actions
have resulted in the higher Treasury rates and a flattening of the yield curve, as many investors believe
higher rates will push the U.S. economy into a recession. The yield curve also inverted briefly in midJune, which market participants view as a recession signal.

As of year-end 2021, U.S. insurers had exposure to about $316.3 billion in U.S. government bonds across
various maturities, or about 6% of total cash and invested assets. This was an increase from $280.6
billion at year-end 2020, but it was unchanged as a percentage of total cash and invested assets.

Author(s): Jennifer Johnson and Michele Wong

Publication Date: 23 June 2022

Publication Site: NAIC Capital Markets Special Report

Big Data, Big Discussions

Link: https://theactuarymagazine.org/big-data-big-discussions/

Excerpt:

Why is the insurance industry now facing increased scrutiny on certain underwriting methods?

Insurers increasingly are turning to nontraditional data sets, sources and scores. The methods used to obtain traditional data—that were at one time costly and time-consuming—can now be done quickly and cheaply.

As insurers continue to innovate their underwriting techniques, increased scrutiny should be expected. It is not unreasonable for consumer advocates to push for increased transparency and explainability when insurers employ these advanced methods.

What is the latest regulatory activity on this topic in the various states and at the NAIC?

Activity in the states has been minimal. In 2021, Colorado became the first (and so far, only) state to enact legislation requiring insurers to test their algorithms for bias. Legislation nearly identical to the Colorado law was introduced in Oklahoma and Rhode Island in 2022, and it is likely other states will consider similar legislation. Connecticut is finalizing guidance that would require insurers to attest that their use of data is nondiscriminatory. Other states have targeted specific factors, but most have adopted a wait-and-see approach.

The NAIC created a new high-level committee to focus on innovation and AI, but it has become clear that a national standard is not likely at this time.

Author(s): INTERVIEW BY STEPHEN ABROKWAH, Interview with Neil Sprackling, president of Swiss Re Life & Health America Inc.

Publication Date: March 2022

Publication Site: The Actuary

NAIC Rejects Need for Federal Help With Private Equity-Owned Life Insurers

Link: https://www.thinkadvisor.com/2022/06/02/naic-rejects-need-for-federal-help-with-private-equity-owned-life-insurers/

Excerpt:

State regulators are not seeking help from Washington with monitoring those private equity firm owners, the officers of the National Association of Insurance Commissioners wrote in a public letter sent to Brown earlier this week.

Brown is the chairman of the U.S. Senate Banking, Housing and Urban Affairs Committee.

The NAIC officers told Brown that U.S. life insurers have been writing complicated products and using large, complicated investment strategies for some time.

“Our system has experience at assessing and understanding this dynamic through market highs and lows,” the regulators said. “State insurance regulators are fully capable of assessing and managing the risks of these insurers, and there is nothing PE firms add to the playing field that changes this fact.

Author(s): Allison Bell

Publication Date: 2 June 2022

Publication Site: Think Advisor

Equity Markets Plunge Near Bear Market Territory

Link: https://content.naic.org/sites/default/files/capital-markets-hot-spot-equity-markets-may2022.pdf

Graphic:

Excerpt:

On May 19, the S&P 500 opened the day near bear market territory; i.e., at a 20% drop from a recent
high. On May 18, the S&P 500 experienced a 4% decline—the largest single-day decrease since June 2020. The last time the S&P 500 entered bear market territory was in March 2020, albeit short-lived, as
the market turned around and headed into a two-year rally that peaked in early January 2022.


The current equity market losses (and some corporate bond losses) are primarily the result of several
factors: 1) earnings reports from large American retailers, including Walmart and Target, show evidence
that the continued high inflation rate may be affecting consumer demand; 2) the war in Ukraine has
added to inflationary pressures, prompting the Federal Reserve (Fed) to increase interest rates and
reduce bond holdings; and 3) recent COVID-19 shutdowns in China have led to a slowdown in the
world’s second largest economy.

Author(s): Jennifer Johnson and Michele Wong

Publication Date: 19 May 2022

Publication Site: NAIC Capital Markets Special Report

U.S. Insurer Exposure to Russia, Ukraine, and Oil/Gas Companies Declines from 2020 to 2021

Link: https://content.naic.org/sites/default/files/capital-markets-special-reports-Russia-Ukraine-Oil-Gas-YE2021.pdf

Graphic:

Excerpt:

Total Russian and Ukraine sovereign and corporate debt was $813.3 million at year-end 2021,
representing 97% of total exposure; the remainder comprised $28.8 million in stocks (see Table 2).
While life companies accounted for the majority of the bond exposure at $683.9 million (or 84% of total
Russia and Ukraine bonds), property/casualty (P/C) companies accounted for almost all the Russia and
Ukraine stock exposure at $28 million. About 90% of U.S. insurers’ exposure to Russia and Ukraine
bonds and stocks was held by large companies, or those with more than $10 billion assets under
management.

Author(s): Jennifer Johnson, Michele Wong, Jean-Baptiste Carelus

Publication Date: 14 Apr 2022

Publication Site: NAIC Capital Markets Special Reports

2021 Academy Legislative/Regulatory Review

Link: https://www.actuary.org/sites/default/files/members/alerts/pdf/2022/2022-CP-1.pdf

Excerpt:

The American Academy of Actuaries presents this summary of select significant regulatory and
legislative developments in 2021 at the state, federal, and international levels of interest to the U.S.
actuarial profession as a service to its members.

Introduction

The Academy focused on key policy debates in 2021 regarding pensions and retirement, health, life,
and property and casualty insurance, and risk management and financial reporting.


Responding to the COVID-19 pandemic, addressing ever-changing cyber risk concerns, and analyzing
the implications and actuarial impacts of data science modeling continued to be a focus in 2021.


Practice councils monitored and responded to numerous legislative developments at the state, federal,
and international level. The Academy also increased its focus on the varied impacts of climate risk and
public policy initiatives related to racial equity and unfair discrimination in 2021.


The Academy continues to track the progress of legislative and regulatory developments on actuarially
relevant issues that have carried over into the 2022 calendar year.

Publication Date: 15 Feb 2022

Publication Site: American Academy of Actuaries