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The Prudential Series Fund

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Pruco Life Insurance Company<br />

Notes to Consolidated Financial Statements<br />

11. DERIVATIVE INSTRUMENTS (continued)<br />

<strong>The</strong> Company writes credit derivatives under which the Company is obligated to pay the counterparty the referenced amount of<br />

the contract and receive in return the defaulted security or similar security. <strong>The</strong> Company’s maximum amount at risk under these<br />

credit derivatives, assuming the value of the underlying referenced securities become worthless, is $104 million at December 31,<br />

2008. <strong>The</strong>se credit derivatives generally have maturities of five years or less.<br />

<strong>The</strong> Company holds certain externally managed investments in the European market which contain embedded derivatives whose<br />

fair value are primarily driven by changes in credit spreads. <strong>The</strong>se investments are medium term notes that are collateralized by<br />

investment portfolios primarily consisting of investment grade European fixed income securities, including corporate bonds and<br />

asset-backed securities, and derivatives, as well as varying degrees of leverage. <strong>The</strong> notes have a stated coupon and provide a<br />

return based on the performance of the underlying portfolios and the level of leverage. <strong>The</strong> Company invests in these notes to<br />

earn a coupon through maturity, consistent with its investment purpose for other debt securities. <strong>The</strong> notes are accounted for<br />

under U.S. GAAP as available for sale fixed maturity securities with bifurcated embedded derivatives (total return swaps).<br />

Changes in the value of the fixed maturity securities are reported in Stockholders’ Equity under the heading ―Accumulated Other<br />

Comprehensive Income‖ and changes in the market value of the embedded total return swaps are included in current period<br />

earnings in ―Realized investment gains (losses), net.‖ <strong>The</strong> Company’s maximum exposure to loss from these interests was $63<br />

million and $109 million at December 31, 2008 and 2007, respectively.<br />

Credit Risk<br />

<strong>The</strong> Company is exposed to credit-related losses in the event of nonperformance by counterparties to financial derivative<br />

transactions. Substantially all of the Company’s over-the-counter derivative contracts are transacted with an affiliate. In<br />

instances where the Company transacts with unaffiliated counterparties, the Company manages credit risk by entering into<br />

derivative transactions with major international financial institutions and other creditworthy counterparties, and by obtaining<br />

collateral where appropriate. Additionally, limits are set on single party credit exposures which are subject to periodic<br />

management review.<br />

<strong>The</strong> credit exposure of the Company’s over-the-counter derivative transactions is represented by the contracts with a positive fair<br />

value (market value) at the reporting date. <strong>The</strong> Company effects exchange-traded futures transactions through regulated<br />

exchanges and these transactions are settled on a daily basis, thereby reducing credit risk exposure in the event of<br />

nonperformance by counterparties to such financial instruments.<br />

12. COMMITMENTS, CONTINGENCIES AND LITIGATION AND REGULATORY MATTERS<br />

Commitments<br />

<strong>The</strong> Company has made commitments to fund $19 million of commercial loans in 2008. <strong>The</strong> Company also made commitments<br />

to purchase or fund investments, mostly private fixed maturities, of $33 million in 2008.<br />

Contingencies<br />

On an ongoing basis, our internal supervisory and control functions review the quality of our sales, marketing, administration and<br />

servicing, and other customer interface procedures and practices and may recommend modifications or enhancements. From time<br />

to time, this review process results in the discovery of administration, servicing or other errors, including errors relating to the<br />

timing or amount of payments or contract values due to customers. In these cases, we offer customers appropriate remediation<br />

and may incur charges and expenses, including the costs of such remediation, administrative costs and regulatory fines.<br />

It is possible that the results of operations or the cash flow of the Company in a particular quarterly or annual period could be<br />

materially affected as a result of payments in connection with the matters discussed above depending, in part, upon the results of<br />

operations or cash flow for such period. Management believes, however, that the ultimate payments in connection with these<br />

matters should not have a material adverse effect on the Company’s financial position.<br />

Litigation and Regulatory Proceedings<br />

<strong>The</strong> Company is subject to legal and regulatory actions in the ordinary course of its businesses, including class action lawsuits.<br />

Legal and regulatory actions may include proceedings relating to aspects of the businesses and operations that are specific to the<br />

Company and that are typical of the businesses in which the Company operates. Class action and individual lawsuits may involve<br />

a variety of issues and/or allegations, which include sales practices, underwriting practices, claims payment and procedures,<br />

premium charges, policy servicing and breach of fiduciary duties to customers. <strong>The</strong> Company may also be subject to litigation<br />

arising out of its general business activities, such as investments and third party contracts. In certain of these matters, plaintiffs<br />

may seek large and/or indeterminate amounts, including punitive or exemplary damages.<br />

B-37

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