09The Fac Report - Aon
09The Fac Report - Aon
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.