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09The Fac Report - Aon

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OPINION: SORTING THE<br />

WHEAT FROM THE CHAFF<br />

The ongoing turmoil in global financial<br />

markets may have created wide ranging<br />

uncertainty for a series of products including<br />

directors and officers (D&O), financial<br />

institutions, structured credit and financial<br />

guarantee business as well as certain types<br />

of errors and omissions (E&O) protections,<br />

but there is also a danger that it is blinding<br />

the insurance sector to potentially good<br />

business opportunities as well.<br />

At present, the one thing that is not in<br />

doubt is that there will be considerable activity<br />

on the legal front. Nor, on the basis of past<br />

experience, can it be assumed that the insurance<br />

world will be as insulated from such actions<br />

as might, at first glance, seem likely. Plaintiffs’<br />

attorneys will be mustering their resources<br />

to find ways through to potential ‘deep pockets’<br />

– a factor which raises the potential for<br />

creeping exposures on the D&O and E&O front,<br />

if only due to the need to defend against<br />

‘phantom’, as well as potential, liabilities.<br />

Separately, the long-term security of the<br />

monoline financial guarantee insurers is still<br />

under close scrutiny. In this respect it is perhaps<br />

salutary to reflect just how damaging to their<br />

core business of guaranteeing municipal<br />

bonds such insurers’ forays into guaranteeing<br />

other products, such as wraps of synthetic<br />

financial structures, have been. Simply put,<br />

it took the monolines 25 years to develop<br />

a 50% penetration of the US municipal bond<br />

markets in the US. Now, in just a few short<br />

months, that market share has contracted<br />

to some 20%.<br />

Against this background, it is important<br />

not to lose sight of the fact that a significant<br />

portion of the very large losses recently<br />

announced by financial institutions flows from<br />

recently instituted accounting regulations<br />

involving mark to market assessments, rather<br />

than losses crystallised from the sale of assets.<br />

Such is the extent of impact of these regulations<br />

that at least one large financial institution<br />

has questioned whether the regulations need<br />

amendment. Accordingly, until the mortgage<br />

issues in the US unwind, the full extent<br />

of institutions’ exposures and ultimate losses<br />

will be unclear.<br />

It is also important to bear in mind that<br />

the mortgage related issues have not impacted<br />

all industry and trade sectors to the same<br />

degree. Financial assessments suggest that<br />

many industries are continuing to perform<br />

in an acceptable manner, despite tighter<br />

controls on credit.<br />

BENFIELD FACULTATIVE SOLUTIONS NEWSLETTER | SPRING 2008 | ISSUE 09 | PAGE 07<br />

All of this means that, despite the current<br />

generally negative sentiment about the banking<br />

sector, financial institutions will continue<br />

to be a potential source of good quality risks,<br />

particularly in the trade credit, surety and<br />

political risk areas.<br />

Indeed, the very issue of banks’ reducing<br />

capital bases, combined with the requirements<br />

of Basle II, means many banks increasingly<br />

need to assess the best allocation of capital<br />

to maximise their returns – an area in which<br />

insurance can assist by reducing exposures<br />

to risks producing lower returns, so allowing<br />

banks to concentrate on those areas of<br />

businesses which produce the highest return<br />

on capital.<br />

As in all situations, it is important to<br />

differentiate between the varying types of risk<br />

that may originate from the banking sector<br />

and not to apply a rigid, and perhaps less than<br />

open view, to new opportunities. The insurance<br />

market is in a position to assist, and has the<br />

chance to grow its own portfolio whilst still<br />

maintaining a disciplined and conservative<br />

approach to the business.<br />

As ever, in problems also lie opportunities<br />

and it may just be that now is the time when<br />

those insurers that are prepared to look beyond<br />

sentiment to the actual risks in question may<br />

be pleasantly surprised by the flow of good<br />

quality risks coming to the market. It would<br />

be a shame if such an opportunity to make<br />

the most of a real underwriting opportunity<br />

were to be missed because perception was<br />

allowed to rule over reality.<br />

phil.bonner@benfieldgroup.com<br />

FACULTATIVE SOLUTIONS TEAM<br />

The <strong>Fac</strong>ultative Solutions team is part of the<br />

leading reinsurance and risk intermediary,<br />

Benfield, which is listed on the London Stock<br />

Exchange under the ticker symbol BFD.<br />

With a worldwide presence of experts from<br />

the property, casualty, financial lines and energy<br />

sectors, we operate as one team, regardless<br />

of international boundaries, with one profit centre,<br />

empowering every member with access to<br />

markets. Appropriately authorised Team Members<br />

in Benfield give us expertise in alternative capital<br />

solutions.<br />

Drawing on the Group’s actuarial and analytical<br />

skills, including Benfield’s market leading<br />

catastrophe modelling, dynamic financial analysis<br />

and dynamic portfolio optimisation capabilities,<br />

we use our own resources to structure and place<br />

optimum solutions for customers in all classes<br />

of reinsurance.<br />

Jeremy Goodman, Global Team Leader<br />

jeremy.goodman@us.benfieldgroup.com<br />

+1 917 320 4524<br />

EUROPE<br />

Michael Papworth, Team Leader London and<br />

Global Property & Specialty<br />

michael.papworth@benfieldgroup.com<br />

+44 (0)20 7522 3956<br />

Andrew Hopkins, Japan and AAA Team Leader, London<br />

andrew.hopkins@benfieldgroup.com<br />

+44 (0)20 7522 3902<br />

Pablo Muñoz, Latin American & Caribbean<br />

Team Leader, London<br />

pablo.munoz@benfieldgroup.com<br />

+44 (0)20 7712 8515<br />

Pierre Bruylants, Europe Team Leader, Brussels<br />

pierre.bruylants@benfieldgroup.com<br />

+32 2 709 21 91<br />

NORTH AMERICA/BERMUDA<br />

Erik Nikodem, North America/Bermuda<br />

Team Leader, Bermuda<br />

erik.nikodem@us.benfieldgroup.com<br />

+1 441 278 4544<br />

AUSTRALIA/NEW ZEALAND/SOUTH AFRICA<br />

Michael Lazarus, AAA Team Leader, Australia<br />

michael.lazarus@benfieldgroup.com<br />

+612 8209 4291<br />

SINGAPORE<br />

Nigel Cross, Singapore Team Leader, Singapore<br />

nigel.cross@benfieldgroup.com<br />

+65 6512 0211<br />

If you would like to register to receive The <strong>Fac</strong> <strong>Report</strong>,<br />

please contact us at thefacreport@benfieldgroup.com.<br />

© Benfield Group Limited 2008. Benfield has used due<br />

care in the preparation of this report. Our information<br />

has been obtained from sources we consider reliable,<br />

but its accuracy and/or completeness is not guaranteed.<br />

This report is made available on an “as-is” basis and<br />

Benfield will not accept liability to any person for the<br />

consequences of reliance placed on its content. Benfield<br />

reserves all rights to the contents of this document.

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