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Annual Report 2005 - Chubb Group of Insurance Companies

Annual Report 2005 - Chubb Group of Insurance Companies

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Ñnancial strength ratings could adversely aÅect the competitive positions <strong>of</strong> our insurance operations,<br />

including a possible reduction in demand for our products in certain markets.<br />

Our businesses are heavily regulated, and changes in regulation may reduce our proÑtability and<br />

limit our growth.<br />

Our insurance subsidiaries are subject to extensive regulation and supervision in the jurisdictions<br />

in which they conduct business. This regulation is generally designed to protect the interests <strong>of</strong><br />

policyholders, and not necessarily the interests <strong>of</strong> insurers, their shareholders and other investors. The<br />

regulation relates to authorization for lines <strong>of</strong> business, capital and surplus requirements, investment<br />

limitations, underwriting limitations, transactions with aÇliates, dividend limitations, changes in<br />

control, premium rates and a variety <strong>of</strong> other Ñnancial and nonÑnancial components <strong>of</strong> an insurance<br />

company's business.<br />

Virtually all states in which we operate require us, together with other insurers licensed to do<br />

business in that state, to bear a portion <strong>of</strong> the loss suÅered by some insureds as the result <strong>of</strong> impaired or<br />

insolvent insurance companies. In addition, in various states, our insurance subsidiaries must participate<br />

in mandatory arrangements to provide various types <strong>of</strong> insurance coverage to individuals or other<br />

entities that otherwise are unable to purchase that coverage from private insurers. The eÅect <strong>of</strong> these<br />

and similar arrangements could reduce our proÑtability in any given period or limit our ability to grow<br />

our business.<br />

In recent years, the state insurance regulatory framework has come under increased scrutiny,<br />

including scrutiny by federal oÇcials, and some state legislatures have considered or enacted laws that<br />

may alter or increase state authority to regulate insurance companies and insurance holding companies.<br />

Further, the NAIC and state insurance regulators are continually reexamining existing laws and<br />

regulations, speciÑcally focusing on modiÑcations to statutory accounting principles, interpretations <strong>of</strong><br />

existing laws and the development <strong>of</strong> new laws and regulations. Any proposed or future legislation or<br />

NAIC initiatives, if adopted, may be more restrictive on our ability to conduct business than current<br />

regulatory requirements or may result in higher costs.<br />

The property and casualty insurance industry is the subject <strong>of</strong> a number <strong>of</strong> investigations by state<br />

and federal authorities in the U.S., as well as by regulators in jurisdictions outside the U.S. We<br />

cannot predict the outcome <strong>of</strong> these investigations or the impact on our business or Ñnancial<br />

results.<br />

As part <strong>of</strong> the ongoing investigations <strong>of</strong> market practices in the property and casualty insurance<br />

industry involving the payment <strong>of</strong> contingent commissions to brokers and agents, we have received<br />

subpoenas and requests for information from the Attorneys General <strong>of</strong> several states, as well as from<br />

various other regulatory agencies. We also have received subpoenas and requests for information as<br />

part <strong>of</strong> investigations by several state and federal regulators and enforcement agencies, including the<br />

U.S. Securities and Exchange Commission and the U.S. Attorney for the Southern District <strong>of</strong> New York,<br />

relating to certain loss mitigation and Ñnite reinsurance products. In addition, we have received and<br />

responded to similar regulatory inquiries in Canada, the United Kingdom and elsewhere. We may<br />

receive additional subpoenas and other information requests from Attorneys General or other<br />

regulatory agencies regarding similar issues. We are cooperating, and intend to continue to cooperate,<br />

fully with these investigations. Although no regulatory action has been initiated against the Corporation,<br />

it is possible that one or more regulatory agencies may pursue an action against the Corporation<br />

in the future on the issues currently under investigation or on similar issues. We cannot predict the<br />

ultimate outcome <strong>of</strong> these investigations or the impact on our business or results <strong>of</strong> operations.<br />

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