ANNUAL REPORT ON THE INSURANCE INDUSTRY

FEDERAL INSURANCE OFFICE, U.S. DEPARTMENT OF THE TREASURY

Completed pursuant to Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act

June 2013
2

Table of Contents

NOTE ON DATA........................................................................................................................... 4

I. INTRODUCTION....................................................................................................................... 5

II. EXECUTIVE SUMMARY........................................................................................................ 7

A. INSURANCE INDUSTRY FINANCIAL OVERVIEW ...................................................... 7

B. LEGAL AND REGULATORY DEVELOPMENTS ............................................................ 7

C. CURRENT ISSUES AND EMERGING TRENDS ............................................................. 8

III. INDUSTRY FINANCIAL OVERVIEW ............................................................................... 10

A. PRINCIPAL INSURANCE SECTORS: LIFE AND HEALTH (L/H) AND PROPERTY 

AND CASUALTY (P/C)........................................................................................................... 10

B. FINANCIAL PERFORMANCE AND CONDITION ....................................................... 13

1. Life and Health (L/H) Sector Financial Performance .....................................................................13

Box 1: Separate Accounts – Trends and Financial Impact .................................................................17

2. Life and Health (L/H) Sector Financial Condition .........................................................................20

3. Property and Casualty (P/C) Sector Financial Performance ...........................................................22

Box 2: P/C Insurers and the Underwriting Cycle................................................................................24

4. Property and Casualty (P/C) Insurance Industry Financial Condition............................................27

C. MARKET PERFORMANCE.............................................................................................. 29

D. INSOLVENT OR FINANCIALLY IMPAIRED INSURERS........................................... 31

1. Recent Insurer Insolvencies in Historical Perspective ....................................................................31

2. Mortgage Guaranty and Financial Guaranty Insurers.....................................................................33

E. RISK MANAGEMENT AND OTHER MARKET ACTIVITIES ..................................... 35

1. Use of Derivatives...........................................................................................................................35

2. Participation in Securities Lending Markets...................................................................................36

F. DISTRIBUTION CHANNELS........................................................................................... 36

G. THE REINSURANCE INDUSTRY................................................................................... 37

IV. LEGAL AND REGULATORY DEVELOPMENTS............................................................. 39

A. FEDERAL LAW AND REGULATION ............................................................................. 39

1. The Council and the Designation of Nonbank Financial Companies.............................................40

2. Orderly Liquidation Authority (OLA)............................................................................................40

3. Regulation of OTC Derivatives ......................................................................................................40

4. Capital and Liquidity Standards......................................................................................................41
3

B. STATE LAW AND REGULATION ................................................................................... 41

1. Group Supervision ..........................................................................................................................41

2. Corporate Governance ....................................................................................................................42

3. Own Risk and Solvency Assessment (ORSA)................................................................................42

4. Reinsurance Collateral Reform.......................................................................................................43

C. EU-U.S. INSURANCE DIALOGUE PROJECT............................................................... 43

D. INTERNATIONAL ASSOCIATION OF INSURANCE SUPERVISORS (IAIS)........... 44

1. Financial Stability Committee (FSC)..............................................................................................45

2. Common Framework for the Supervision of Internationally Active Insurance Groups (ComFrame)

............................................................................................................................................................46

V. CURRENT ISSUES AND EMERGING TRENDS ................................................................ 47

A. IMPACT OF LOW INTEREST RATES............................................................................ 47

B. NATURAL CATASTROPHES ........................................................................................... 47

C. CHANGING DEMOGRAPHICS IN THE UNITED STATES ........................................ 49

D. GROWTH OPPORTUNITIES IN EMERGING MARKETS........................................... 49

ENDNOTES ................................................................................................................................. 51
4

NOTE ON DATA

Except as otherwise indicated (e.g., in endnotes), data cited in this report were derived from SNL 

Financial LC on April 25, 2013.
5

I. INTRODUCTION

The insurance industry plays a vital role in the economy of the United States. Insurance 

premiums in the life and health (L/H) and property and casualty (P/C) insurance sectors totaled 

more than $1.1 trillion in 2012, or approximately 7 percent of gross domestic product.1 In the 

United States, insurers directly employ approximately 2.3 million people2, or 1.7 percent of 

nonfarm payrolls.

3

Separately, more than 2.3 million licensed insurance agents and brokers hold

more than 6 million licenses.

4

 

U.S.-based insurers are also significant participants in the global financial markets. As of yearend 2012, the L/H and P/C sectors reported $7.3 trillion in total assets – roughly half the size of 

total assets held by insured depository institutions.5 Of the $7.3 trillion in total assets, $6.8 

trillion were invested assets.6 

Insurers in the United States rank among the largest purchasers of corporate, sovereign, state, 

and local bonds. Insurer investment portfolios also include short-term commercial paper, assetbacked securities, and other financial instruments. Some U.S. insurers are significant 

participants in other institutional markets, such as the derivatives and securities lending markets. 

Insurers have also been diversifying by expanding into new geographic markets and developing 

a greater array of insurance product offerings and services. Some insurers and non-insurance 

affiliates have become more involved with the broader U.S. financial markets, not only as 

customers or counterparties, but also by engaging in activities such as banking and asset 

management services. Evidence of this interconnectedness of insurers with the broader financial 

system was apparent in the financial crisis. Although firms such as American International 

Group (AIG) represent the most prominent examples, other insurers were also affected by the 

recent financial crisis. 

 

In Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank 

Act), Congress established the Federal Insurance Office (FIO) within the U.S. Department of the 

Treasury.

7

 In addition to advising the Secretary of the Treasury (Secretary) on major domestic 

and prudential international insurance policy issues and serving as a non-voting member on the 

Financial Stability Oversight Council (Council), FIO is authorized, pursuant to the Dodd-Frank 

Act, to:

 monitor all aspects of the insurance industry, including identifying issues or gaps in the 

regulation of insurers that could contribute to a systemic crisis in the insurance industry 

or the U.S. financial system; 

 monitor the extent to which traditionally underserved communities and consumers, 

minorities, and low- and moderate-income persons have access to affordable insurance 

products; 

 recommend to the Council that it designate an insurer as an entity subject to regulation as 

a nonbank financial company supervised by the Board of Governors of the Federal 

Reserve System (Federal Reserve); 

 coordinate federal efforts and develop federal policy on prudential aspects of 

international insurance matters, including representing the United States, as appropriate, 
6

in the International Association of Insurance Supervisors and assisting the Secretary in 

negotiating covered agreements; and

 consult with States regarding insurance matters of national importance and prudential 

insurance matters of international importance. 

In addition, before the Secretary can make a determination as to whether to seek the appointment 

of the Federal Deposit Insurance Corporation (FDIC) as receiver of an insurance company under 

Title II of the Dodd-Frank Act, the Secretary must first receive a written recommendation from

the FIO Director and the Federal Reserve.

The Dodd-Frank Act also requires that the FIO Director report to the President and to the 

Committee on Financial Services of the House of Representatives and the Committee on 

Banking, Housing, and Urban Affairs of the Senate each year “on the insurance industry and any 

other information as deemed relevant by the Director or requested by such Committees.”8 FIO 

has prepared this 2013 Annual Report on the Insurance Industry (Report) with a view to its role 

as monitor of the insurance industry.

9

This Report is organized into four sections. Following the introduction and executive summary, 

Section III reports on the financial performance and condition of the principal insurance sectors

(i.e., the Life and Health sector and the Property and Casualty sector). Section III also includes a 

review of recent insurer insolvencies, risk management, and portfolio investment activities, 

together with a brief review of other insurance industry sectors such as reinsurance and 

distribution channels. Section IV of the Report reviews significant legal and regulatory 

developments affecting the insurance industry. In conclusion, Section V discusses of current and 

emerging trends that may have a significant impact on the industry. 
7

II. EXECUTIVE SUMMARY

A. INSURANCE INDUSTRY FINANCIAL OVERVIEW

The financial performance and condition of U.S. insurers continued to show recovery and 

improvement from the decline during the financial crisis. In 2012, the U.S. insurance industry 

reported record aggregate premium levels. Net written premiums in the United States were 

approximately $645 billion in the life and health (L/H) sector and approximately $460 billion in 

the property and casualty (P/C) sector. 

At year-end 2012, moreover, reported surplus levels were at record highs for both the L/H and 

P/C sectors. Both sectors had reported decreases to surplus in 2008 from the then-record surplus 

levels reported at year-end 2007, which were $267 billion and $529 billion, respectively. Since 

2008, both sectors have reported surplus increases each year. For year-end 2012, L/H sector 

reported surplus was approximately $329 billion and P/C sector reported surplus was 

approximately $597 billion.

Both the L/H and P/C sectors reported improved profitability in 2012. The L/H sector had 

reported annual net incomes as high as $37 billion during pre-financial crisis years, but reported 

substantial losses during the crisis and only $14.4 billion of net income in 2011. Although still 

challenged by downward pressure on investment returns due to the current low interest rate 

environment, the L/H sector reported an aggregate net income of $40.9 billion in 2012. In the 

P/C sector, net income increased from $20.1 billion in 2011 to $37.3 billion in 2012. P/C sector 

net income was affected for a second consecutive year by large insured losses from natural 

catastrophes. P/C sector net income had dropped to as low as $3.7 billion in 2008.

Market values of insurers have also been recovering since the financial crisis, when large 

investment losses led to sharp declines in the book values for many insurers. Although both the 

market values and book values of insurers have recovered generally, L/H insurers still trade at 

discounts to book value as of year-end 2012. 

Insurers are also end-users of derivatives and use these instruments both for hedging and for 

investment purposes. In 2012, the five largest U.S. insurers by assets reported more than $1 

trillion of combined notional amounts outstanding. Insurers also continue to be significant 

participants in securities lending and repurchase agreement markets, although the level of 

activity has declined significantly since the crisis. 

B. LEGAL AND REGULATORY DEVELOPMENTS

In 2012, regulators in the United States and internationally have expended significant efforts on 

financial stability and prudential matters with respect to financial firms, generally, and insurers, 

specifically. 

Title I of the Dodd-Frank Act provides the Council with authority to designate nonbank financial 

companies for supervision by the Federal Reserve and the application of enhanced prudential 

standards. In general, nonbank financial companies that the Council could review for purposes 
8

of designation include insurers. In April 2012, the Council issued a final rule and interpretive 

guidance to govern the designation of nonbank financial companies. The Council is reviewing 

such companies. 

At the request of the G-20 Leaders and the Financial Stability Board (FSB),

10 the International 

Association of Insurance Supervisors (IAIS) is developing a methodology and indicators to 

identify global systemically important insurers (G-SIIs) for designation. The IAIS Financial 

Stability Committee (FSC) released a proposed methodology to identify G-SIIs on May 31, 

2012. Public comments were submitted over the summer of 2012, and a final methodology has 

not yet been published. Once the IAIS completes the assessment methodology, any identified 

firms will be recommended to the FSB for designation by the FSB as a G-SII.

With respect to insurance regulation itself, state insurance regulators have continued work on the 

Solvency Modernization Initiative (SMI), begun in 2008, which is an effort to review insurer 

solvency laws and regulations.11 As part of this initiative, in 2010 state regulators amended the 

National Association of Insurance Commissioners (NAIC) model insurance holding company 

law and regulation. In 2012, the state regulators, working through the NAIC, created a risk 

assessment and reporting protocol for insurers (referred to as an Own Risk and Solvency 

Assessment, or ORSA), evaluated potential enhancements to state risk-based capital (RBC) 

regulations, and proposed potential enhancements to corporate governance requirements.

In the European Union, the European Parliament, the Council of the European Union, and the 

European Commission (EC) (with technical support from the European Insurance and 

Occupational Pensions Authority (EIOPA)) have continued work on reforming the insurance 

regulatory and supervisory regime under an authority known as the Solvency II Directive, which 

was adopted in 2009. Due to the potentially important effects of Solvency II on U.S. insurers

operating in the EU, in January 2012, FIO hosted the EC, EIOPA, and U.S. state regulators to 

launch a project intended to increase mutual understanding and enhance cooperation between the 

EU and the United States in furtherance of effective supervision, consumer protection, and 

promotion of business opportunity. The project seeks to identify the areas of insurance 

regulation appropriate for improved convergence, harmonization and compatibility between the 

EU and United States.

The IAIS continues development of the “Common Framework for the Supervision of 

Internationally Active Insurance Groups” (ComFrame), a framework for the group-wide 

supervision of internationally active insurance groups (IAIGs). In June 2011, the Technical 

Committee of the IAIS published a ComFrame concept paper for comment. The next draft of 

ComFrame will be released for public consultation in October 2013. The draft establishes a 

range of qualitative and quantitative requirements for IAIGs, and it sets out the processes and 

prerequisites for supervisors to implement ComFrame.12 

C. CURRENT ISSUES AND EMERGING TRENDS 

Low Interest Rate Environment – Despite near-record net investment income in 2012, insurers‟ 

investment yields remained low as a percentage of invested assets. The prospect of continued 

low interest rates for a prolonged period poses a challenge to insurers seeking to balance 
9

investment risks and returns, especially while trying to build capital and to expand product 

offerings. Life insurers offering annuities with guaranteed benefits, in particular, may encounter 

stress in the event of a protracted low interest rate environment. The effects of low interest rates 

may be exacerbated by increased longevity risk for products offering lifetime income. 

In addition to adversely affecting investment returns, the current low interest rate environment 

affects the present value of insurer contract obligations – particularly for life insurance products. 

As interest rates have decreased, the present values of such future obligations have increased. 

Nevertheless, as interest rates have remained low in 2012, insurers‟ financial results were less 

affected by reserve increases than in 2011. 

While insurers would benefit from an increase in interest rates through improved investment 

returns, a sudden, significant rate increase could present threats. A sudden increase in general 

interest rate levels would increase unrealized losses in insurer fixed income portfolios and, at the 

same time, could prompt policyholders to surrender contracts for higher yield elsewhere. In such 

a circumstance, insurers could be forced to liquidate fixed income investments at a loss in order 

to fund contract surrender payments. 

Natural Catastrophes – Natural catastrophes can have a significant, even devastating, impact on 

individuals, families, businesses, and communities. In many high risk areas, the high cost of 

insuring against catastrophic loss limits access to affordable coverage. 2011 was the second 

costliest year on record for natural catastrophes in the United States, with insured losses 

estimated to be $44.2 billion.13 The only year with greater insured catastrophe losses in the 

United States was 2005, which included hurricanes Katrina, Rita, and Wilma.14 While losses 

from natural catastrophes were relatively low during the first half of 2012,15 „Superstorm‟ Sandy 

struck densely populated communities across the U.S. eastern seaboard in late October. The 

most recent estimates of 2012 insured catastrophe losses from A.M. Best are $43 billion.16

Changing Demographics in the United States – The aging of the U.S. population, combined

with increased life expectancy, has increased demand for products that offer lifetime income

protection. The financial crisis and the ensuing low interest rate environment have made it more 

difficult for retirement and pension plans to provide needed lifetime income. Recent efforts by 

L/H insurers to develop products to meet increased demand and to fund longer payout periods 

for annuities might entail additional financial stability risks, as the low interest environment 

constrains the ability of insurers to generate sufficient rates of return on investment portfolios. 

Additional risks resulting from the low interest rate environment include increased market

exposure associated with the minimum guaranty provisions included in variable life and variable 

annuity products.

Growth Opportunities in Emerging Markets – Asia and Latin America currently present growth

opportunities for U.S. insurers. Between 2000 and 2007, three-fourths of global insurance 

premium growth was generated in North America and Western Europe. Since 2007, the majority 

of global premium growth has shifted to Asia and Latin America.17
10

III. INDUSTRY FINANCIAL OVERVIEW

A. PRINCIPAL INSURANCE SECTORS: LIFE AND HEALTH (L/H) AND PROPERTY 

AND CASUALTY (P/C)

The two principal sectors in the U.S. insurance industry are life and health (L/H) and property 

and casualty (P/C). The products offered by the L/H sector generally protect against the risk of 

financial loss associated with an individual‟s death, provide income streams through retirement, 

cover expenses for long-term care, or provide income in the event of disability. While the L/H 

sector includes certain accident and health (A&H) coverages, data from firms licensed solely as 

health insurers or health maintenance organizations are separate and not included in this Report. 

P/C sector products generally protect against the risk of financial loss associated with damage to 

property or exposure to liability. 

The U.S. insurance industry currently has more than 1,000 L/H insurers18 and more than 2,700 

P/C insurers.19 Although there are fewer L/H insurers than P/C insurers, the size of the L/H 

sector is greater in terms of premium volume and other metrics.20 The L/H sector accounts for 

58 percent of industry net written premiums (i.e., direct written premiums less reinsurance 

premiums), with approximately $645 billion, while the P/C sector accounts for 42 percent with 

approximately $460 billion of net written premiums. The L/H sector holds approximately $5.6

trillion of total assets, while the P/C sector holds approximately $1.6 trillion. 

Tables 1 and 2 provide a snapshot of the L/H sector marketplace, listing the largest ten L/H 

insurance groups by 2012 direct premiums written and the concentration in terms of premium 

volume for life insurance (i.e., non-A&H) and for A&H lines of business, respectively.

21

 

Table 1: L/H Insurance Groups by 2012 U.S. Life Insurance Lines Direct Premiums Written

Insurance Group

Direct Premiums 

Written ($000)

Share of Total 

(% )

1 MetLife Inc. 102,321,495 16.62

2 Prudential Financial Inc. 85,852,775 13.94

3 Jackson National Life Group 24,206,886 3.93

4 New York Life Insurance Group 24,010,473 3.90

5 ING Groep N.V. 23,513,207 3.82

6 Lincoln National Corp. 21,004,314 3.41

7 Manulife Financial Corp. 20,965,672 3.41

8 Massachusetts Mutl Life Ins Co 20,751,732 3.37

9 AEGON NV 19,695,559 3.20

10 Principal Financial Group Inc. 18,336,972 2.98

Combined Top 10 360,659,085 58.57

Combined Top 25 506,054,756 82.19

Combined Top 100 608,285,157 98.79

Total U.S. Life Insurance Lines 615,731,289

Source: SNL Financial (includes Life Insurance (No Annuity), Annuity Considerations, 

Deposit-type Contracts (State Page), Other Considerations (State Page) )
11

While there are more than 1,000 L/H insurers in the United States, the ten largest L/H insurance 

groups by life insurance premiums accounted for more than half of total non-A&H L/H sector

premiums in 2012. Moreover, the twenty-five largest L/H insurance groups by life insurance 

premiums accounted for more than 82 percent, and the top one hundred accounted for almost 99

percent of all non-A&H L/H sector premiums in the United States. 

Similarly for A&H lines of business, the ten largest L/H insurance groups accounted for more 

than 71 percent of total premiums. The top twenty-five groups accounted for more than 85

percent, and the top one hundred accounted for almost 99 percent of total premiums. 

The premiums reflected in Tables 1 and 2 aggregate all L/H sector products and all geographies 

of the United States. 

Table 3 provides a snapshot of the U.S. P/C sector marketplace, listing the largest ten P/C 

insurance groups by 2012 direct premium written and the concentration of premium among the 

largest P/C insurance groups. 

Table 2: L/H Insurance Groups by 2012 U.S. A&H Lines Direct Premiums Written

Insurance Group

Direct Premiums 

Written ($000)

Share of Total 

(% )

1 UnitedHealth Group Inc. 40,368,154 22.72

2 Humana Inc. 19,349,478 10.89

3 Aflac Inc. 17,484,089 9.84

4 Aetna Inc. 16,258,192 9.15

5 Cigna Corp. 11,395,283 6.41

6 MetLife Inc. 8,623,170 4.85

7 Unum Group 5,207,865 2.93

8 Mutual of Omaha Insurance Co. 3,005,592 1.69

9 Guardian Life Ins Co. of Am 2,860,623 1.61

10 Assurant Inc. 2,606,401 1.47

Combined Top 10 127,158,847 71.57

Combined Top 25 152,474,631 85.82

Combined Top 100 175,789,459 98.95

Total U.S. A&H Lines 177,662,145

Source: SNL Financial 
12

The premiums reflected in Table 3 also aggregate all P/C sector products and all geographies of 

the United States. While less concentrated than the L/H sector, nearly half of P/C sector 

premium volume was written by the ten largest insurance groups in 2012. This was true even 

with more than 2,700 insurers in the P/C sector. P/C sector premium was also less concentrated 

among the twenty-five and one hundred largest insurance groups relative to the L/H sector. 

However, these largest twenty-five and one hundred insurance groups still accounted for a 

significant majority of total P/C sector premium (65 and 86 percent, respectively). 

Tables 4 and 5 provide snapshots of the two major markets in the P/C insurance sector –

commercial lines and personal lines. 

Table 3: P/C Insurance Groups by 2012 U.S. Combined Lines Direct Premiums Written

Insurance Group

Direct Premiums 

Written ($000)

Share of Total 

(% )

1 State Farm Mutl Automobile Ins 53,654,237 10.40

2 Liberty Mutual 28,297,511 5.49

3 Allstate Corp. 26,652,040 5.17

4 American International Group 23,596,418 4.57

5 Travelers Companies Inc. 22,695,958 4.40

6 Berkshire Hathaway Inc. 20,236,495 3.92

7 Farmers Insurance Group of Cos 18,311,402 3.55

8 Nationwide Mutual Group 17,042,933 3.30

9 Progressive Corp. 16,559,746 3.21

10 USAA Insurance Group 13,286,274 2.58

Combined Top 10 240,333,014 46.59

Combined Top 25 335,455,138 65.03

Combined Top 100 444,199,947 86.11

Total U.S. P/C Sector 515,838,150

Source: SNL Financial (includes personal, commercial, and A&H lines of business)

Table 4: P/C Insurance Groups by 2012 Commercial Lines Direct Premiums Written

Insurance Group

Direct Premiums 

Written ($000)

Share of Total 

(% )

1 American International Group 18,217,418 7.22

2 Travelers Companies Inc. 15,683,525 6.21

3 Liberty Mutual 15,313,721 6.07

4 Zurich Insurance Group Ltd. 10,206,436 4.04

5 ACE Ltd. 8,294,989 3.29

6 CNA Financial Corp. 8,011,222 3.17

7 Chubb Corp. 7,265,146 2.88

8 Hartford Financial Services 7,260,797 2.88

9 Nationwide Mutual Group 6,637,002 2.63

10 QBE Insurance Group Ltd. 4,704,492 1.86

Combined Top 10 101,594,748 40.24

Combined Top 25 150,917,092 59.77

Combined Top 100 214,092,690 84.79

Total U.S. P/C Commercial Lines 252,493,118

Source: SNL Financial 
13

B. FINANCIAL PERFORMANCE AND CONDITION

1. Life and Health (L/H) Sector Financial Performance

a. L/H Sector Net Written Premium

Approximately 75 percent of L/H sector revenue is derived from premiums charged for 

insurance and financial products and services; the remaining 25 percent is largely comprised of 

earnings on investments and administrative fees charged for asset management services. Net 

written premium is a principal measure of size and growth of the insurance industry. In 2012, 

L/H sector aggregate premiums totaled $645 billion, of which life insurance (individual and 

group life policies) generated 20 percent, annuity products generated 53 percent, and the balance 

originated from accident and health insurance (e.g., disability or long-term care needs). As 

Figure 6 and Table 6 show, premium growth was disrupted by the financial crisis, but L/H sector 

aggregate premiums reached record levels in 2012. 

Table 5: P/C Insurance Groups by 2012 U.S. Personal Lines Direct Premiums Written

Insurance Group

Direct Premiums 

Written ($000)

Share of Total 

(% )

1 State Farm Mutl Automobile Ins 48,615,654 19.06

2 Allstate Corp. 24,644,986 9.66

3 Berkshire Hathaway Inc. 16,748,872 6.57

4 Farmers Insurance Group of Cos 15,102,764 5.92

5 Progressive Corp. 14,469,788 5.67

6 Liberty Mutual 12,982,666 5.09

7 USAA Insurance Group 12,303,855 4.82

8 Nationwide Mutual Group 10,400,481 4.08

9 Travelers Companies Inc. 7,011,234 2.75

10 American Family Mutual 4,983,748 1.95

Combined Top 10 167,264,048 65.57

Combined Top 25 202,158,523 79.25

Combined Top 100 240,371,602 94.23

Total U.S. P/C Personal Lines 255,083,029

Source: SNL Financial 
14

Growth of variable annuity premiums is generally correlated with changes in the performance of 

equity markets. For example, as markets declined in 2008 and early 2009, sales of variable 

annuities decreased and surrenders increased. However, since 2010, the recovery in the equity 

markets combined with the low interest rate environment has led consumers seeking greater 

returns away from traditional life insurance products (e.g., fixed annuities and whole life

insurance) and back to variable annuities. Variable annuities offer equity-based variable returns 

(i.e., based on the underlying values of a portfolio of equities). In addition, variable annuities 

often include a product feature that guarantees at least a certain minimum return or withdrawal 

benefit. Known as “minimum guaranty provisions,” these product features exposed insurers to

market risk during the financial crisis. 

In addition to the trend toward variable annuities in the low interest rate environment, life 

insurance ownership may also be declining for more general reasons. In the wake of the 

economic downturn, for example, a greater proportion of households may be foregoing

purchasing life insurance because of other financial priorities, such as paying off debt.22 

Table 6: L/H Sector Premiums, Considerations, and Deposits ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

 Life Insurance Premiums 142,738,171 120,603,672 100,301,700 122,854,878 130,604,448

 Annuity Premiums & Deposits 322,991,601 225,476,691 286,318,850 326,985,001 339,916,415

 Accident & Health Premiums 154,471,490 159,970,508 167,775,601 168,607,264 170,764,029

 Credit Life & Credit A&H Premiums 2,073,722 1,597,906 1,566,013 1,582,995 1,554,052

 Other Premiums & Considerations 781,762 541,155 23,116,619 2,071,361 2,245,756

Total 623,056,746 508,189,932 579,077,796 622,080,928 645,084,701

Source: SNL Financial
15

b. L/H Sector Policyholder Contract Benefits and Surrenders

Policyholder contract benefits are claims or obligations of L/H insurers under life insurance, 

annuity, and other contracts and polices. Such benefits, in addition to contract surrenders, make 

up a majority of total expenditures for life insurers. Expenses other than contracted benefit 

payments include general administrative and overhead expenses, expenses associated with 

acquiring business (particularly producer commissions), and expenses related to payments made 

under the contract provisions of the policy, including loss verification and adjustment expenses. 

Figure 7 and Table 7 show aggregate L/H sector contract benefit payments, surrenders, reserve 

increases, and all other expenses for recent years. 

Benefit payments for a given portfolio of traditional life insurance contracts are generally stable 

and relatively predictable in the aggregate by reference to industry mortality tables or insurer 

experience. In contrast, benefits related to early withdrawals or surrenders on annuity contracts 

are more variable depending on prevailing economic conditions (e.g., perceived market trends, 

Table 7: L/H Sector Expenses ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Total Benefits 238,380,902 242,184,583 245,202,462 253,114,180 257,860,726

Total Surrenders 291,543,802 228,688,291 216,846,768 237,281,879 245,728,469

Total Inc. in Reserves 144,217,934 99,225,167 96,166,722 141,204,554 83,778,887

Total Trsfrs. to Sep. Accts 22,654,948 11,116,048 29,273,192 32,427,626 61,550,512

Commissions 51,593,844 48,863,381 49,269,277 51,816,417 53,073,946

General & Administrative Expenses 53,307,935 53,950,895 56,622,977 58,346,550 59,310,961

Insurance Taxes, Licenses and Fees 7,264,529 7,246,922 7,703,444 7,980,332 8,217,464

Other Expenses 17,185,292 7,166,900 2,202,678 8,134,923 6,680,970

Total 826,149,186 698,442,187 703,287,521 790,306,461 776,201,935

Source: SNL Financial
16

demand for liquidity). As Table 7 shows, these surrender payments were relatively high in 2008, 

as compared to more recent years. 

Surrenders and withdrawals account for a substantial portion of L/H sector contract benefits. As 

the demand for liquidity increases, life insurance and annuity contract surrenders increase –

adding to L/H sector annual expenses. Leading up to the financial crisis, annual surrenders and 

withdrawals increased from $226 billion in 2005 to $272 billion in 2006, $305 billion in 2007, 

and $292 billion in 2008. Since the crisis, L/H sector surrenders and withdrawals decreased to 

$229 billion in 2009, $217 billion in 2010, and $237 billion in 2011. Total surrenders were $246 

billion in 2012. 

c. L/H Sector Investment Income

Investment income represents a substantial portion of revenues for the L/H sector. Aggregate 

investment income grew steadily in the years leading up to the financial crisis. However, 

investment yields since the crisis have been relatively low, creating an environment that could 

challenge L/H insurers going forward. Figure 8 and Table 8 provide L/H sector net investment 

income on invested assets (excluding net realized gains and losses on the sale or disposition of 

investments) and net yield for recent years. 

Table 8 shows that L/H sector general investment account assets (see Box 1 for a discussion of 

general versus separate account assets) grew from $3.0 trillion to $3.4 trillion from 2008 to 2012. 

Table 8: L/H Sector Investment Income ($000s) and Net Yield

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Net Investment Income 162,189,779 156,618,379 164,137,870 167,322,081 166,834,788

Total Cash & Investments 3,018,319,002 3,071,852,481 3,196,195,125 3,360,535,194 3,406,632,407

Net Yield on Invested Assets 5.41% 5.14% 5.24% 5.10% 4.93%

Source: SNL Financial (Net Yield based on Average Net Admitted Invested Assets)


19

Figure 11 and Table 11 present L/H sector net incomes for recent years. 

The L/H sector return on average equity (ROE) for 2012 was 12.8 percent. Although a 

substantial increase relative to 2011, the 2012 ROE is modest relative to pre-financial crisis

returns, which averaged 13.8 percent from 2003 to 2007. Table 12 provides the returns for the 

last five years. 

Table 11: L/H Sector Net Incomes ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Premiums, Consideration & Deposits 623,056,746 508,189,932 579,077,796 622,080,928 645,084,701

Net Investment Income 162,189,779 156,618,379 164,137,870 167,322,081 166,834,788

Reinsurance Allowance 17,832,119 61,517,250 (29,286,964) (16,268,042) (30,779,711)

Separate Accounts Revenue 21,177,404 20,375,256 23,360,670 26,085,983 29,516,598

Other Income 20,398,671 30,039,835 36,033,132 35,750,268 41,253,591

Total Revenue 844,654,719 776,740,653 773,322,505 834,971,218 851,909,967

Total Expenses 826,149,186 698,442,187 703,287,521 790,306,461 776,201,935

Policyholder Dividends 17,739,431 15,004,998 14,985,542 15,099,874 15,211,990

Net Gain from Operations before FIT (1,423,877) 60,972,276 53,084,270 28,002,719 60,496,043

Federal Income Tax (65,161) 10,656,532 8,955,196 5,059,952 10,166,764

Net Income before Cap Gains (1,362,184) 50,257,907 44,075,051 22,895,712 50,329,279

Net Realized Capital Gains (Losses) (50,935,494) (28,704,680) (16,022,641) (8,534,289) (9,448,453)

Net Income (52,312,286) 21,528,259 28,049,199 14,364,501 40,880,828

Source: SNL Financial

Table 12: L/H Sector Operating Ratios (%)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Pre-Tax Operating Margin -0.17 7.85 6.86 3.35 7.10

Return on Average Equity -20.35 7.94 9.39 4.66 12.80

Pre-Tax Operating ROAE -0.55 22.48 17.78 9.08 18.94

Return on Average Assets -1.08 0.46 0.56 0.27 0.74

Source: SNL Financial
20

2. Life and Health (L/H) Sector Financial Condition

a. L/H Sector Policyholder Surplus

Policyholder surplus is the regulatory measure of capital available to an insurer (i.e., the amount 

by which reported assets of an insurer exceed reported liabilities). It is an important measure of 

financial health because it reflects the ability of an insurer to satisfy obligations to policyholders 

(particularly in the event of unexpectedly large or catastrophic losses). Surplus is also indicative 

of the capacity of an insurer to write new business (i.e., to make insurance products more 

available to consumers). Figure 13 and Table 13 display L/H sector policyholder surplus data for

recent years. 

Surplus levels declined in 2008 but have increased each year thereafter. The L/H sector reported

a record high $328 billion in policyholder surplus as of December 31, 2012. In addition to 

record surplus levels, the L/H sector also reports relatively low leverage (as measured by general 

account assets to surplus).

b. L/H Sector Reserves

Life insurance reserves generally represent the net present value of expected future obligations of 

a life insurer. Estimates of these long-term liabilities are dependent on a number of key 

Table 13: L/H Sector Capital & Surplus ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Capital & Surplus 251,770,542 290,689,539 306,430,238 310,372,997 328,611,760

General Account Assets 3,178,979,434 3,230,475,723 3,356,501,480 3,534,370,609 3,592,523,599

General Account Assets-to-Surplus Ratio 12.63 11.11 10.95 11.39 10.93

Source: SNL Financial
21

assumptions (e.g., mortality and interest rates) and actuarial judgment. For interest-rate sensitive 

life and annuity business, the reserve increases can be attributed in part to cash flow testing – a 

form of stress testing that considers the changes in assets and liabilities given a number of 

scenarios. Cash flow testing may result in reserve increases under scenarios that assume interest 

rates will rise. In such scenarios, insurers may not be able to increase credited rates rapidly 

enough to stem surrender rates as contract holders pursue higher yields elsewhere, thus requiring 

the insurer to fund surrenders with asset sales at reduced prices. In addition, scenarios in which 

interest rates fall result in spread compression – the narrowing of the difference between the 

yield that an insurer is able to earn on investments and the yield that it must pay contract holders 

through benefit obligations.24

In the L/H sector, variable life insurance products and variable annuities offer consumers a 

combination of insurance protection and access to broader market gains. To reduce market risk 

to the contract holder, these products typically guarantee a minimum annual return. As the 

financial crisis drove invested asset values down in 2008, these minimum guaranty provisions 

were triggered, life insurer liabilities on these contracts increased, and reserves were therefore 

bolstered. As markets recovered in 2009, the impact of these minimum guaranty provisions 

subsided, and reserve growth rates returned to more traditional levels. 

Aggregate L/H sector reserves reached a record $2.8 trillion as of December 31, 2011. The fact 

that the L/H sector reported record levels of both surplus and reserves at year-end 2011 indicates 

that insurers have undergone a significant recapitalization since the financial crisis. While still 

near $2.8 trillion at year-end 2012, L/H sector reserve levels decreased for the first time in more 

than a decade. Figure 14 and Table 14 show L/H sector reserve levels and growth for recent 

years. 
22

3. Property and Casualty (P/C) Sector Financial Performance

a. P/C Sector Net Written Premiums

P/C insurers underwrite a variety of products, which are generally categorized as personal lines 

(e.g., homeowners or auto insurance sold to consumers) or commercial lines (e.g., workers 

compensation or commercial multi-peril insurance sold to businesses and other institutions). In 

2012, direct premiums written by P/C insurers were roughly split between personal and 

commercial lines. Figure 15 and Table 15 show P/C sector premiums by line of business for

recent years. 

Table 14: L/H Sector Reserves ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

 Net Policy Reserves - Life 2,032,024,763 2,113,568,057 2,191,738,219 2,313,664,599 2,305,690,926

 Net Policy Reserves - A&H 180,099,627 189,910,913 206,923,525 222,328,299 219,235,525

 Liability for Deposit-Type Contracts 337,156,907 280,867,768 273,174,427 266,876,143 270,575,809

Total Policy Reserves plus Deposits 2,549,281,298 2,584,346,739 2,671,836,171 2,802,869,041 2,795,502,260

Growth - Total Reserves & Deposits 5.35% 1.38% 3.39% 4.90% -0.26%

Source: SNL Financial
23

After three years of declines, P/C sector annual net written premiums nearly returned to prefinancial crisis levels by 2011 and continued to grow in 2012. While personal lines premium 

levels remained stable during the crisis, commercial lines premiums decreased by $30 billion 

from 2007 to 2010, before growing again by $13 billion in 2011 and $9 billion in 2012. 

b. P/C Sector Underwriting Results

P/C sector underwriting results are most often measured by the combined ratio. The combined 

ratio measures losses, loss adjustment expenses (LAE), and underwriting expenses as a 

percentage of premiums. A combined ratio above 100 percent indicates that premiums were 

inadequate to cover losses and expenses for a given reporting period. Investment income, 

realized gains/losses, and income taxes are not considered in the combined ratio. Table 16

provides the P/C sector combined ratios for recent years. 

The aggregate combined ratio for all P/C lines in 2012 was 103 percent – down from 108 percent 

in 2011. The combined ratios of the last two years were primarily driven by catastrophe-related 

losses, as 2011 was the second-worst year on record for insured losses from natural catastrophes, 

and Superstorm Sandy in 2012 was the second-costliest natural catastrophe in U.S. history. 

To gauge overall profitability, P/C sector combined ratios must be assessed in conjunction with 

the prevailing interest rate environment. For example, while Table 16 shows that the P/C sector 

did not report aggregate underwriting profits in recent years, in the 1980s, when P/C sector 

combined ratios were even higher than they are today, insurers were profitable because interest 

Table 15: P/C Sector Premiums ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

 Personal P&C Direct Premiums 238,185,361 240,224,180 245,730,464 250,663,210 260,934,457

 Commercial P&C Direct Premiums 244,532,138 227,407,576 222,868,720 235,984,214 246,676,965

 Accident & Health Direct Premiums 7,723,322 7,550,149 8,027,426 8,548,067 8,373,873

Direct Premiums Written 498,679,551 483,081,379 484,404,467 502,005,179 521,113,285

Net Reinsurance Premiums (58,411,930) (60,062,645) (58,176,156) (60,034,264) (60,708,731)

Net Premiums Written 440,267,621 423,018,734 426,228,311 441,970,915 460,404,553

Change in Unearned Premiums Reserve (3,280,270) (4,004,919) 1,545,490 3,615,254 7,848,138

Net Premiums Earned 443,547,891 427,023,654 424,682,821 438,355,661 452,556,415

Source: SNL Financial

Table 16: P/C Sector Operating Ratios (%)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

 Loss Ratio 65.58 59.79 61.06 66.87 62.17

 Loss Adjustment Expense Ratio 11.83 12.48 12.54 12.58 12.38

Loss and LAE Ratio 77.41 72.26 73.59 79.45 74.55

 Net Commission Ratio 10.63 10.49 10.39 10.22 10.21

 Salaries & Benefits Ratio 7.65 8.25 8.33 8.30 8.41

 Tax, License & Fees Ratio 2.56 2.60 2.60 2.60 2.63

 Admin & Other Expense Ratio 6.39 6.32 6.94 7.25 6.99

Expense Ratio 27.23 27.66 28.26 28.37 28.23

Policyholder Dividend Ratio 0.49 0.50 0.64 0.53 0.55

Combined Ratio 105.12 100.42 102.49 108.35 103.34

Source: SNL Financial
24

rates were much higher and they were able to earn higher nominal returns on investment 

portfolios. 

Box 2: P/C Insurers and the Underwriting Cycle

The P/C insurance business is cyclical in nature, transitioning between “hard” and “soft” 

markets. Generally speaking, a “hard” market is one in which insurance underwriting capacity is 

relatively low (competition has declined or capital is more scarce), prices for insurance are 

increasing, and policy terms and conditions are generally more restrictive. A “soft” market is 

one with more abundant capacity to write new insurance policies, increasing competition and, as 

a result, rates that are growing only marginally or even decreasing. Academic debate persists 

over whether these market phenomena are related to rational expectations of insurers based on 

market events; whether they are fundamentally caused by capital constraints, cycles of capital, 

and inefficiencies in capital markets; or whether some combination of these explanations is 

correct. 

Insurer profitability generally improves in hard markets due to increased prices. As a result, 

industry participants closely monitor key factors that might indicate or help lead to a turn toward 

a hard market. While the list of indicators may vary, industry observers regularly cite the 

following: large underwriting losses (both catastrophic and non-catastrophic losses), a decline in 

policyholder surplus levels for the industry, an environment of rising reinsurance rates, and 

momentum in premium prices. Due to the diversity of insurance business lines, however, a turn 

in one market (e.g., personal lines) may be independent of a turn in another market (e.g., 

commercial lines), making an accurate assessment of the cycle for the entire industry more 

challenging.

c. P/C Sector Investment Income

As the combined ratio results indicate, P/C insurers are not often profitable from underwriting 

results alone. In addition to underwriting results, P/C insurers rely on income derived from 

investing policyholder premiums. The P/C sector held a total of $1.4 trillion in invested assets as 

of December 31, 2012, and earned $50 billion of net investment income during the year, which 

excludes $8.6 billion of realized gains. P/C sector investment returns had been declining since 

2005, until the yield increased modestly in 2011 to 3.83 percent. Figure 17 and Table 17 show 

that P/C sector annual yield decreased again to 3.68 percent in 2012. 
25

As in the L/H sector, P/C sector investments are subject to state insurance laws and regulations. 

P/C insurers generally maintain portfolios that consist mostly of high-quality investment-grade 

bonds with relatively shorter maturities compared to those of the L/H sector because P/C 

liabilities are typically of a shorter-term nature than the payout of L/H sector obligations. 

Table 18 summarizes the composition of P/C sector invested assets in recent years. 

Table 17: P/C Sector Investment Income ($000s) and Net Yield

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Net Investment Income 53,132,865 48,401,892 48,099,454 50,972,121 50,109,178

Total Cash & Investments 1,205,368,271 1,260,404,124 1,316,192,292 1,343,505,691 1,382,861,199

Net Yield on Invested Assets 4.20% 3.93% 3.73% 3.83% 3.68%

Source: SNL Financial (Net Yield based on Average Net Admitted Invested Assets)

Table 18: P/C Sector Invested Assets ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

 Bonds 827,847,518 866,311,527 873,836,387 902,508,317 902,944,759

 Preferred Stocks 21,771,760 18,819,098 17,574,224 11,619,064 11,929,781

 Common Stocks 179,396,088 209,781,455 208,460,881 229,170,621 253,879,811

 Mortgage Loans 4,995,688 4,481,789 4,171,188 4,969,359 5,682,044

 Real Estate 10,410,081 10,218,014 9,772,963 10,370,543 10,372,442

 Contract Loans 0 0 0 0 0

 Derivatives NA NA 643,393 648,785 591,755

 Cash & Short Term Investments 96,777,123 87,593,220 85,961,983 72,605,068 81,619,774

 Other Investments 64,162,429 63,199,022 115,771,272 111,613,934 115,840,834

Total Cash & Investments 1,205,368,271 1,260,404,124 1,316,192,292 1,343,505,691 1,382,861,199

Source: SNL Financial
26

As of December 31, 2012, 65 percent of P/C sector investment holdings were in bonds, 19

percent were in stocks, and the remainder was in cash or cash-like instruments, mortgages, real 

estate, and other investments. 

d. P/C Sector Net Income

As in the L/H sector, net income in the P/C sector grew steadily in the years prior to the financial 

crisis. In 2008, net income decreased as investment and underwriting results deteriorated as a 

result of the crisis. Unlike the L/H sector, however, the P/C sector still managed to achieve 

positive, albeit lower, net income in 2008. Net income grew in 2009 and 2010, but decreased 

again in 2011 as insured natural catastrophic losses were higher than any year on record other 

than 2005. Even with significant catastrophe losses in 2012, P/C sector net income increased to 

$36.3 billion compared to $20.1 billion in the prior year. Figure 19 and Table 19 show P/C 

sector net incomes for recent years. 
27

As Table 20 shows, the aggregate ROE of the P/C sector of 3.58 percent in 2011 was low 

relative to 2009 and 2010. ROE increased to 6.45 percent in 2012. Since the Insurance Services 

Office (ISO) began annual recordkeeping of financial data in 1959, the P/C sector average ROE 

has averaged approximately 9 percent.25 

4. Property and Casualty (P/C) Insurance Industry Financial Condition

a. P/C Sector Policyholder Surplus

As with the L/H sector, the P/C sector reported a record level of aggregate policyholder surplus

at year-end 2012. Surplus levels declined in 2008 due to the financial crisis and the impact on 

the valuations of insurer invested assets, but have increased each year since 2009 as financial 

markets and premium levels improved. Figure 21 and Table 21 show P/C sector surplus for

recent years. 

Table 19: P/C Sector Net Income ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Net Premiums Earned 443,547,891 427,023,654 424,682,821 438,355,661 452,556,415

Losses and LAE Incurred 343,331,234 308,587,576 312,543,284 348,266,777 337,390,725

Other Underwriting Expense Incurred 121,262,361 119,340,927 121,271,338 123,919,403 129,645,364

Other Underwriting Deductions (1,398,022) (2,347,251) (808,897) 1,475,530 322,651

Net Underwriting Gain (Loss) (19,644,775) 1,442,402 (8,322,905) (34,333,407) (14,802,325)

Policyholder Dividends (PHD) 2,189,330 2,133,182 2,701,811 2,315,009 2,505,944

Net Investment Income 53,132,865 48,401,892 48,099,454 50,972,121 50,109,178

Net Realized Capital Gains (Losses) (20,105,640) (7,798,261) 7,829,186 7,576,363 8,614,215

Finance Service Charges 2,967,161 3,078,731 3,182,086 3,179,564 3,288,146

All Other Income (2,574,847) (2,228,743) (2,039,896) (868,718) (1,100,383)

Net Income after capital gains (loss) BT 11,596,337 40,799,392 46,052,998 23,215,831 43,602,887

Federal Income Tax 7,879,121 8,666,406 8,833,430 2,939,324 6,255,250

Net Income 3,708,886 32,203,170 37,217,759 20,123,505 37,347,637

Source: SNL Financial

Table 20: P/C Sector Operating Ratios (%)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Pre-Tax Operating Margin 6.38 10.20 8.07 3.22 6.93

Return on Average Equity (C&S) 0.74 6.57 6.89 3.58 6.45

Pre-Tax Operating ROAE 6.29 9.92 7.08 2.78 6.04

Return on Average Assets 0.25 2.19 2.45 1.28 2.31

Source: SNL Financial
28

While the asset-to-surplus ratio is the conventional measure of leverage for the L/H sector, the 

premium-to-surplus ratio is used for measuring P/C sector leverage. The difference in traditional 

leverage metrics can be attributed to the longer-term nature and lower volatility of L/H sector 

liabilities, relative to the shorter-term nature and higher volatility of P/C sector liabilities. State

insurance regulatory guidelines require that P/C insurers maintain premium-to-surplus ratios of 

less than 3-to-1.26 The P/C sector aggregate premium-to-surplus ratio has generally been 

declining over the last decade. It increased in 2008 as the financial crisis adversely affected 

insurer surplus levels, but continued its decline in 2009 and 2010. Premium-to-surplus appears 

to have plateaued in the last few years, but remains low relative to a decade ago. 

 

b. P/C Sector Reserves

P/C sector reserves represent estimates of the ultimate incurred losses and loss adjustment 

expenses for events that have already occurred, but that remain unpaid as of the balance sheet 

date. As is the case for L/H sector reserves, the estimation of P/C sector reserves includes a 

significant degree of professional actuarial judgment. 

The P/C sector reported record levels of both surplus and reserves at the end of 2011. While P/C 

sector surplus continued to increase through 2012, aggregate reserves decreased slightly. Figure 

22 and Table 22 show P/C sector reserves for recent years. 

Table 21: P/C Sector Capital and Surplus ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Capital & Surplus 461,756,316 517,970,768 561,776,605 562,093,722 596,653,220

Net Premiums Written 440,267,621 423,018,734 426,228,311 441,970,915 460,404,553

Net premiums written / Average C&S 0.87 0.86 0.79 0.79 0.79

Source: SNL Financial
29

C. MARKET PERFORMANCE

Publicly-traded insurers represent a significant share of the total L/H and P/C sectors. Market 

perception of insurers and insurer future earnings capacities, as measured through equity prices 

and other market valuation metrics, have generally moved in parallel with broader market 

indices. L/H sector equity market prices have mirrored those of the broader market more closely 

than has the P/C sector. Figure 23 compares L/H and P/C sector equity prices with the S&P 500 

index from year-end 2002 through year-end 2012. 

Table 22: P/C Sector Reserves ($000s)

2008 Y 2009 Y 2010 Y 2011 Y 2012 Y

Major Segment - Personal 115,090,880 116,246,107 120,673,876 123,951,475 124,845,979

Major Segment - Commercial 448,194,274 443,442,614 444,089,132 471,814,917 466,413,501

Major Segment - Accident & Health 4,311,370 4,608,123 4,754,119 5,011,683 5,207,677

Total Loss and LAE Reserves 567,404,770 564,280,620 569,505,155 600,707,767 596,201,715

Change in Loss and LAE Reserves 4.26% -0.55% 0.93% 5.48% -0.75%

Source: SNL Financial
30

Figure 23: L/H and P/C Sector Equity Prices Relative to S&P 500 (12/31/2002-12/31/2012)

Source: SNL Financial

Due to the difference in business models between L/H and P/C insurers (i.e., long-term versus 

short-term liabilities and investment portfolios, and L/H sector activity in capital and derivative 

markets, as described in Part III.E.), the equity prices of L/H insurers have been more procyclical (i.e., correlated with the S&P 500 index and the broader macroeconomic environment) 

than those of P/C insurers.

Another frequently cited metric for insurers (and other financial institutions) is price to book 

value, which compares the market value to the book value (i.e., on the balance sheet) of the 

equity of an institution. Hence, if a company is trading at a discount to book value, the market is 

valuing the company at less than the current value of its assets minus its liabilities; the opposite 

is true if the company is trading at a premium. Figure 24 compares L/H and P/C sector price to 

book ratios from year-end 2002 through year-end 2012. 
31

Figure 24: L/H and P/C Sector Price to Book Ratios (12/31/2002-12/31/2012)

Source: SNL Financial

During the financial crisis, insurers (in particular life insurers) suffered large realized and 

unrealized losses on investments. This led to sharp declines in insurer book value of equity. 

However, the equity market selloff in late 2008 led to even more precipitous declines in insurer 

equity market values, causing both L/H and P/C insurers to trade at discounts to book value. L/H 

insurers traded at steeper discounts to book values than did P/C insurers at the peak of the crisis. 

Both the equity market values and book values of insurers have recovered since the crisis. 

However, L/H insurers still traded at discounts to book value as of year-end 2012, in part due to

investor concerns about the future profitability of the sector in a low interest rate environment. 

D. INSOLVENT OR FINANCIALLY IMPAIRED INSURERS

L/H insurer insolvency levels are at the lowest point in forty years. P/C insurer insolvency levels

are at relative lows compared to the last few decades. However, certain segments of the 

insurance industry, most particularly financial guarantors, had high failure levels during the most 

recent four to five years, in part due to the effects of the financial crisis. 

1. Recent Insurer Insolvencies in Historical Perspective

Insurer insolvencies occurred with some regularity during the late 1980s and early 1990s, and 

peaked in 1991 at 142. These insolvencies prompted Congressional inquiries and efforts by state

regulators to develop a program whereby states were required, through an accreditation process, 

to adopt solvency laws and regulations that meet certain minimum standards. The laws and 

regulations of an accredited state must contain provisions substantially similar to, or no less 

effective than, the significant elements of the NAIC model solvency oversight laws and 

regulations that state regulators have identified as key. The accreditation standards include 

compliance with standardized practices, including those pertaining to off-site financial analyses, 
32

on-site financial examinations, cross-jurisdictional regulatory information sharing, and 

assessment and intervention authority with respect to troubled insurers. The accreditation 

process is a peer review exercise, and all 50 states and the District of Columbia are currently 

accredited by the NAIC. As a result, the responsibility for taking regulatory actions rests with 

the insurance regulator of the state in which the legal entity is domiciled.

An insurer that has capital levels below certain regulatory thresholds is considered “impaired,” 

and thus, subject to state regulatory actions. Qualitative or quantitative conditions may indicate 

that an insurer is in, or in danger of approaching, “hazardous financial condition” as defined by 

state laws. Specific quantitative triggers for regulatory action also exist within the risk-based 

capital framework that is utilized by state insurance regulators. Regulatory actions can range 

from more frequent or detailed reporting and monitoring requirements to court-imposed 

rehabilitation or liquidation proceedings. In rehabilitation, the insurer is placed under control of 

the appropriate state regulator or a court-appointed deputy charged with developing and 

implementing a plan to rectify the financial difficulties of the insurer. If the insurer fails to reestablish an adequate capital level, it may be found by state insurance regulators to be insolvent 

and be placed in liquidation. 

The frequency of L/H insurer insolvencies has decreased since the early 1990s and has remained 

at relatively low levels for the period during and since the financial crisis. The number of 

reported financially impaired L/H insurers in recent years is at the lowest since the 1970s. Of the 

two L/H liquidations in 2011, one was a small stipulated premium life insurer and the other was 

a small burial insurer. 

When an insurer receives a license to operate in a state, the insurer also agrees to pay 

assessments to the state guaranty fund. A guaranty fund serves to ensure that claimants and 

policyholders are compensated following an insurer‟s insolvency. In other words, the difference 

between the assets and liabilities of the insolvent insurer is made up by insurers that remain 

active in that market. Payments to claimants or policyholders are limited by statute. 

The size of insolvencies is also an important consideration. The amount of assessments made by 

various state guaranty funds to pay for claims of insurers in liquidation provides a basis for 

measuring the severity of insolvencies. Such assessments do not reflect the entire financial 

impact of the insolvency because not all claims of insolvent insurers are covered by guaranty 

funds. Nevertheless, the trend in guaranty fund assessments may be a good proxy for the trend 

in severity of insolvencies. 

Assessments in the L/H sector have generally remained under $200 million per year since the 

early 2000s. Conversely, the dollar value of assessments has increased in the P/C sector, 

indicating that insolvencies have involved much larger P/C insurers than did those of the 1990s. 

Indeed, the five largest P/C insolvencies (Reliance Insurance Company, Legion Insurance 

Company, Fremont Indemnity Company, California Compensation Insurance Company, PHICO 

Insurance Company) all occurred between 2000 and 2005, a period in which the P/C guaranty 

fund system paid out over 40 percent of the total of all claims and claim expenses since it was 

started in 1969. 
33

Figure 25 shows the number of L/H sector insolvencies and the corresponding guaranty fund 

assessments from 1990 through 2011.

27

Figure 25

Source: National Organization of Life and Health Insurance Guaranty Associations (NOLHGA)

Although the frequency of P/C insolvencies has increased in the last three years, it remains 

relatively low compared to the rates from the early 1990s. Figures 26 and 27 show the number 

of insolvencies and corresponding guaranty fund assessment severities in the P/C sector for 

recent.

28

 

Figure 26 Figure 27

Source: National Conference of Insurance Guaranty Funds (NCIGF)

2. Mortgage Guaranty and Financial Guaranty Insurers

Mortgage guaranty and financial guaranty insurance are segments of the P/C sector that have 

played integral roles in the housing industry and in the financing of various forms of debt. 

Mortgage guaranty and financial guaranty insurers are subject to requirements that do not apply 

to other insurers. Although these mortgage guaranty and financial guaranty insurers represent 

only a small portion of the broader P/C sector in terms of premium volume (approximately $4.3 

billion of direct premiums written for mortgage guaranty insurance and $765 million for 
34

financial guaranty insurance, compared to $521 billion for the total P/C sector in 2012), the 

financial health of these insurers was damaged by the financial crisis, resulting in a relatively 

large number of insolvencies. 

a. Mortgage Guaranty Insurers

Modern-day private mortgage insurance (PMI) developed as a private market insurance 

alternative for high loan to value (LTV) mortgages that are insured by the Federal Housing 

Administration (FHA). Fannie Mae and Freddie Mac (GSEs) may purchase loans with an LTV 

over 80 percent with qualified third party credit enhancement. PMI is one form of qualified 

credit enhancement. 

PMI is regulated by state insurance regulators. In addition, because of the contractual 

relationship and subsequent eligibility requirements that the GSEs place on mortgage guaranty 

insurers, the GSEs and – through conservatorship – the Federal Housing Finance Administration 

(FHFA) also oversee mortgage guaranty insurers. 

The financial crisis and its effect on the housing market in the United States imposed significant 

losses on mortgage guaranty insurers. In the wake of the crisis, regulators waived capital 

requirements to allow certain mortgage guaranty insurers to write high quality new business with 

an expectation that those insurers would regain the financial capacity necessary to pay existing 

obligations and anticipated claims. 

In 2000, eight companies comprised the mortgage guaranty insurance industry. Of these, five

companies continue to write PMI and three are in run-off or receivership. There are two new 

entrants to the industry since the financial crisis, bringing the total number of companies offering 

PMI to seven.

The mortgage guaranty insurance industry has not fully recovered from the financial crisis. 

Aggregate premiums have dramatically declined, and losses continued to exceed premiums 

through 2012. The industry continues to pay losses from claims reserves, where available, and 

capital infusions, if raised. There are signs of increased capacity, however, as the industry has 

attracted new capital since 2010. 

b. Financial Guaranty Insurers

Until the financial crisis, financial guaranty insurers provided protection from credit-related 

losses on various debt products, particularly municipal bonds, mortgage and other asset-backed 

securities, and collateralized debt obligations (CDOs). This insurance guarantees that the 

principal and interest on the investment will be paid to the investor. The guaranty benefits 

issuers by providing better access to the market and reducing borrowing costs.

Before the financial crisis, financial guaranty insurers underwrote bonds issued by municipalities 

with relatively low default rates. In the years leading up to the financial crisis, most insurers 

expanded coverage to include structured financial products, including collateralized debt 

obligations consisting of mortgage-backed securities. As impairments and defaults on the 
35

underlying assets increased, the private label mortgage-backed securities were downgraded and 

dropped in value. As a result, financial guaranty insurers realized substantial losses, and some 

became insolvent. During the crisis, all but one financial guaranty insurer stopped writing new 

business. 

Prior to the financial crisis, at least eight insurers or insurance groups actively wrote financial 

guaranty insurance. Currently, insurer participation in this business line is very limited. 

Aggregate industry premiums of over $3 billion in 2008 decreased by more than 43 percent in 

2009 alone, and have since continued to decrease. One new financial guaranty insurer began 

writing new municipal bond business in late 2012. 

E. RISK MANAGEMENT AND OTHER MARKET ACTIVITIES

1. Use of Derivatives

Insurers are end-users of derivatives, as derivatives play a significant role in insurer risk 

management practices. L/H insurers that offer complex life insurance and annuity products (e.g., 

those with interest rate and equity market risk) and globally active insurers that are exposed to 

currency exchange rate risk are active participants in the derivatives markets. 

A 2009 industry survey of 45 insurers revealed that 96 percent used derivatives; in particular, 87 

percent used interest rate derivatives, 89 percent used currency derivatives, and 76 percent used 

equity derivatives.29 Table 28 displays the notional amounts of derivatives of the five largest

publicly traded U.S. insurers (by assets), as reported in 2012 annual financial statements filed 

with the Securities and Exchange Commission (SEC). 

Table 28: Notional Amounts of Outstanding Derivatives (2012)

Insurance Group ($ billions)

MetLife, Inc. $334.4

Prudential Financial, Inc. 295.4

American International Group, Inc. 215.6

Hartford Financial Services Group, Inc. 169.8

Berkshire Hathaway Inc. 45.0

Source: Individual company 10-K Financial Statements (2012)

The instruments in which insurers transact are diverse. For example, L/H insurers typically use 

long-dated interest rate swaps to increase the interest rate duration of assets to better match the 

effective duration of insurer asset portfolios with liabilities. However, L/H insurers also use 

exchange traded futures and options in addition to relying on over-the-counter (OTC) markets 

for forwards, swaps, options, and credit derivatives. Insurers use credit default swaps to 

synthetically replicate investments that are otherwise more expensive or unavailable, and to 

hedge existing credit exposures where it is uneconomical to sell the existing related asset. 

Further, equity options are used to reduce market risks associated with certain L/H policies, 

especially variable annuity riders (i.e. minimum financial guarantees), and financial guaranty 

contracts. 

Insurers also rely on derivatives to earn additional investment income. Many states permit 

insurers to sell covered call options, which can earn risk premiums in exchange for limiting the 
36

upside potential on the underlying securities. Insurers may also replicate illiquid or unavailable 

securities by selling credit protection on a corporate name through a credit default swap while 

buying a liquid government or agency security, resulting with similar risks and returns on the 

corporate security at a lower cost and more favorable liquidity.

2. Participation in Securities Lending Markets

Insurers participate in securities lending markets. However, since the financial crisis, many 

insurers have reconsidered the exposure to securities lending risks, and many have reduced the 

size of securities lending programs. Prior to the crisis, the securities lending program of AIG 

alone was as large as $76 billion. According to a July 2011 NAIC report, the volume of 

securities lending programs of over 200 insurers in 2011 aggregated to $56 billion. Of the 

insurers considered in the NAIC report, 83 percent were L/H insurers, 13 percent were P/C 

insurers, and the remaining were health or other insurers.30 

The experience of the crisis resulted in additional statutory reporting and disclosure requirements 

for securities lending activities. Accounting changes adopted in 2010 by state insurance 

regulators require collateral to be accounted for on the balance sheet, and specify when collateral 

should be treated as a non-admitted asset – an asset that is accorded limited or no value in 

statutory reporting for prudential regulatory purposes. Additional disclosures are also now 

required of insurers in financial filings with state insurance regulators to illustrate the timeframes 

within which collateral is due to be returned and the duration of the reinvestment of the 

collateral. An insurer is required to explain in the footnotes to financial statements how such 

duration mismatches are managed.

F. DISTRIBUTION CHANNELS

Insurers sell products to potential customers in many ways. Distribution channels have evolved 

over the years in response to changes in customer behavior, technological developments and 

competitive factors. Whereas distribution was largely an agent-based function years ago, it has 

developed today into one that includes brokers, financial planners (for life and annuity products), 

direct sales by telephone or mail, workplace selling (e.g., for health and other voluntary benefits 

such as disability and life insurance for which payments are made by payroll deductions), bank 

channels, and the Internet, directly from the insurer or through aggregators. Moreover, relative 

to industry practices years ago, L/H insurers and P/C insurers selling personal lines such as auto 

insurance and homeowners insurance are less likely today to rely on any single means to reach 

the marketplace. Many insurers use the Internet extensively, at least for marketing and to 

disseminate information, if not also to solicit leads and close sales. 

Evidence of the impact that the Internet is having on insurance distribution includes the 

following: 

 A recent J.D. Power and Associates 2012 Insurance Study found that 74 percent of auto 

insurance shoppers visit at least one insurer Web site, and that 34 of auto insurance 

purchasers now buy their policies online.31 
37

 LIMRA, formerly known as the Life Insurance Marketing and Research Association,

reports that 48 of life insurance purchasers research online and buy from an agent, 23 

percent research and buy online, 15 percent research online and buy via phone or mail, 

and 14 percent would not use the Internet at all.

32

For the P/C sector, the main distribution channels are agents and direct writers. Agents include 

independent agents, brokers, general agents, and managing general agents. Direct writers 

include insurers that distribute through the Internet, captive agents, direct response, and affinity 

groups such as members of an association. AM Best reports that in 2011, 71 percent of personal 

lines P/C sector premiums were directly written and 28 percent were written through agents or 

brokers. Conversely, 67 percent of commercial lines P/C sector premiums were written through 

agents or brokers and 30 percent were written directly. 

In the L/H sector, LIMRA reports that independent agents held 49 percent of the market for new

life insurance sales in 2011, while captive agents held 40 percent, direct marketers held 4 

percent, and other channels held a combined 7 percent. 

While insurance agents typically represent insurers, insurance brokers typically represent 

businesses or institutions that are buying insurance. Business Insurance reports that as of July 

2012, the top ten brokers of U.S. business were as follows.33 

Table 29: Top Ten Insurance Brokers by 2011 U.S. Revenue

Rank Company 2011 U.S. 

Revenue

1 Marsh & McLennan Cos. Inc. $5,068,360

2 Aon P.L.C. 5,052,600

3 Arthur J. Gallagher & Co. 1,694,277

4 Wells Fargo Insurance Services USA Inc. 1,626,869

5 Willis Group Holdings P.L.C. 1,604,580

6 Brown & Brown Inc. 1,107,656

7 BB&T Insurance Services Inc. 1,104,127

8 National Financial Partners Corp. 692,987

9 USI Holdings Corp. 659,276

10 Lockton Cos. LLC. 633,082

Source: Business Insurance (ranked by 2011 brokerage revenues 

generated by U.S.-based clients – as of July, 2012)

G. THE REINSURANCE INDUSTRY 

Reinsurance contracts typically provide for the reinsurer to indemnify the primary insurer, 

frequently referred to as the “cedent,” for some portion of the claims incurred by the primary 

insurer with respect to an underlying insurance contract or portfolio of insurance contracts. 

Reinsurance is a risk management tool for insurers, and is used to reduce volatility and to 

improve financial performance and security. Reinsurance recoverables (amounts receivable on 
38

paid losses and loss adjustment expenses, plus amounts by which reserves have been reduced for 

estimated future reinsurance recoveries) totaled $46.2 billion for P/C insurers in the United 

States at year-end 2012. By limiting the liability of the primary insurer on underlying risks and 

by stabilizing losses absorbed by primary insurers, the transfer of risk effectuated by reinsurance 

contracts increases the capacity of insurers in the primary market. 

Reinsurance is a global market. Insurers in one jurisdiction often cede business to reinsurers in 

multiple jurisdictions. Reinsurers often similarly “retrocede” business to other reinsurers (e.g., 

by transferring some of a risk or a portfolio of risks) in multiple jurisdictions. U.S.-based 

insurers rely extensively on the international reinsurance market and on off-shore reinsurers, and 

this reliance has increased over the last fifteen years. In 1997, U.S. reinsurers wrote over 60

percent of the premium ceded by U.S. primary insurers (i.e., U.S. assumed premiums).34 As of 

2011, this figure had decreased to 42 percent. All told, in 2011, more than 2,900 foreign 

reinsurers domiciled in more than 100 foreign jurisdictions assumed business from U.S. ceding 

insurers.35 Part of the explanation for this trend is that, over the past two decades, reinsurance 

capital has migrated offshore from the United States.

The global reinsurance industry is reported to have significant capacity. One such report 

indicates that at the end of 2012, reinsurance capital reached approximately $505 billion – a 

record high and an increase of approximately 11 percent compared to 2011.36 
39

IV. LEGAL AND REGULATORY DEVELOPMENTS

The activities of the U.S. insurance sector bring it into contact with regulatory regimes at three 

different levels. First, pursuant to the McCarran-Ferguson Act,37 individuals and entities

engaged in the business of insurance are regulated principally at the state level. Each state has an 

insurance regulatory department, including an appointed or elected commissioner or director, 

which oversees both the solvency and market-related aspects of the business of insurance. The 

state insurance regulator operates subject to laws enacted and regulations adopted in that state. 

Second, certain insurers have businesses or organizations that result in federal regulation. For 

example, many insurers are owned by companies that, under federal law, are bank holding 

companies (BHCs) or savings & loan holding companies (SLHCs). These insurers that are 

BHCs or SLHCs include large and small insurers. As of December 31, 2012, two of the top ten 

L/H insurance groups by premium volume were BHCs or SLHCs and four of the top ten P/C 

insurance groups were SLHCs.38 

BHCs and SLHCs are subject to supervision by the Federal Reserve. BHC and SLHC 

subsidiaries that are insurance entities are primarily regulated by state insurance regulators, and 

remain individually subject to state insurance capital requirements. 

Finally, a significant number of U.S. insurers have activities overseas and, therefore, are subject 

to regulation by foreign jurisdictions. One of the most significant regions in which U.S. insurers 

conduct substantial business is Europe. Thus, regulatory developments in the European Union 

are of particular interest to the U.S. insurance sector.

A number of legislative and regulatory developments at the state, federal and international levels 

are under review or development. 

A. FEDERAL LAW AND REGULATION

In response to the financial crisis, Congress enacted and the President signed into law the DoddFrank Act, which has a number of provisions regarding nonbank financial companies which may 

have an impact on insurers. In addition, pursuant to the Basel III accord, federal banking 

regulators have been working with international counterparts to strengthen prudential regulation 

of banking institutions, which may also affect insurers that are structured as BHCs or SLHCs. 

These reform efforts include: 

• The creation of the Council and its authorities to designate nonbank financial companies 

subject to supervision by the Federal Reserve and enhanced prudential standards; 

• The creation of Orderly Liquidation Authority (OLA) to resolve failing complex financial 

institutions; 

• The creation of a comprehensive regulatory regime for OTC derivatives; and

• Heightened capital requirements, including those proposed as part of the Basel II and 

Basel III agreements. 
40

Each of these is addressed in greater detail below.

1. The Council and the Designation of Nonbank Financial Companies

Title I of the Dodd-Frank Act establishes the Council to identify risks to the financial stability of 

the United States and to respond to emerging threats to financial stability. The Dodd-Frank Act 

also gives the Council the authority to designate nonbank financial companies (including 

insurers) for supervision by the Federal Reserve and subjects these companies to enhanced 

prudential standards. Any determination that a nonbank financial company should be designated 

must be made by a vote of not less than two-thirds of the voting members of the Council, 

including an affirmative vote by the Chairperson, the Secretary of the Treasury. In April 2012, 

the Council issued a final rule and interpretative guidance to govern the procedures by which a 

nonbank is considered for designation. 

2. Orderly Liquidation Authority (OLA)

Title II of the Dodd-Frank Act authorizes the Secretary of the Treasury, acting on the joint 

recommendation of the Federal Reserve and either the FDIC, SEC, or FIO, to place into

receivership, under the auspices of the FDIC, a “covered financial company” that is in default or 

in danger of default and the failure of which could have significant systemic consequences. 

OLA may apply to covered financial companies that are insurers, or to holding companies in 

which the largest U.S. subsidiary is an insurer. In such cases, FIO has an important “key 

turning” role, together with the Federal Reserve. Such a determination by the Secretary with 

regard to an insurer requires the recommendation of both the Director of the FIO and the Federal 

Reserve (by an affirmative vote of two-thirds of the governors of the Federal Reserve, and in 

consultation the FDIC). 

Under the Dodd-Frank Act, the liquidation or rehabilitation of a covered financial company or 

subsidiary of a covered financial company that is an insurer would be undertaken by the relevant 

state insurance regulator under applicable state law. However, the FDIC would have this 

authority if the state regulator fails to file the appropriate judicial action within 60 days. The 

FDIC issued its final rule for orderly liquidation in mid-2011. 

3. Regulation of OTC Derivatives

Title VII of the Dodd-Frank Act creates a number of reforms that apply to the market for OTC 

derivatives, including central clearing, the regulation of swaps dealers, exchange-trading, and 

trade reporting. Over the last two years, the Commodity Futures Trading Commission (CFTC) 

and the SEC have proposed and finalized rules defining which instruments and entities are 

subject to regulation, setting forth prudential standards for clearinghouses and dealers, laying out 

reporting requirements, and proposing trading standards. At this stage, a number of these rules 

have taken effect and more are expected to become effective during 2013. Though insurance 

products are generally exempt from the definition of swaps, insurers – as regular users of OTC 

derivatives to hedge risk and gain exposure to certain financial market segments – may be 

subject to a changed compliance landscape as a result of these reforms.
41

4. Capital and Liquidity Standards

In June 2012, the banking agencies (Federal Reserve, FDIC, and Office of the Comptroller of the 

Currency (OCC)) issued three notices of proposed rulemaking (NPRs), as well as a final market 

risk rule amendment, to implement Basel regulatory capital standards as agreed upon 

internationally. The end date for the comment period for the NPRs was October 22, 2012. 

In general, the Basel III NPRs would apply to BHCs and SLHCs and would increase the amount 

and quality of capital that such organizations must hold. In addition to the implementation of the 

Basel standards, Section 171 of the Dodd-Frank Act (referred to as the Collins Amendment)

applies to BHCs and SLHCs with respect to consolidated leverage and risk-based capital 

requirements. The Federal Reserve sought public comment on its proposed application of Basel 

III to insurers. This comment period also closed October 22, 2012. Many insurers commented 

on the Federal Reserve proposal, and a final rule has not been promulgated. 

B. STATE LAW AND REGULATION

Recent developments in solvency regulation and in group supervision have led insurance 

supervisors around the world to participate in the formulation of new supervisory standards. As 

described more fully below, these efforts are currently a focus of the IAIS, which has developed 

and adopted “insurance core principles” (ICPs) by which insurance supervisors are guided in 

regulating insurers. The International Monetary Fund (IMF) and World Bank performed the 

Financial Sector Assessment Program (FSAP) of the U.S. state insurance regulators in 2009 to 

determine compliance by the state-based insurance regulatory regime in the United States with 

IAIS ICPs. Since 2009, the ICPs have been modified to include enhanced supervisory standards 

with respect to group supervision, corporate governance, risk management, and reinsurance. In 

2014, the IMF and World Bank will again perform an FSAP for insurance regulation in the 

United States and test the regulatory system against the modified ICPs. 

In recent years, state regulators undertook an effort called the Solvency Modernization Initiative

(SMI) to evaluate current solvency standards and to address the compatibility of regulatory 

standards in the United States with the ICPs developed by the IAIS. SMI has involved a review 

of key regulatory topics similar to those of the ICPs including group supervision, corporate 

governance, risk management, and reinsurance. SMI has been in progress for the past several 

years, and state regulators released a draft white paper, which summarizes this work, on April 1, 

2013. 

1. Group Supervision

An insurance “group” refers to two or more insurance legal entities that coexist as part of a 

corporate family by virtue of ownership or affiliation. A group may also include holding 

companies, subsidiaries or other non-insurance affiliates. “Group supervision” is the application 

of regulatory oversight to a group. Group supervision has become an important aspect of the 

overall supervisory regime because belonging to a group can pose unique risks (e.g., liquidity or 

reputational risk) as well as potential benefits (e.g., capital options or risk diversification) to one 

or more insurers that are members of the group. Group supervision has become an essential 
42

component of the IAIS ICPs and ComFrame, as well as a focus of supervisory efforts to bolster 

U.S. regulatory standards and practices.

In recognition of the need to bolster group supervision, state regulators adopted amendments to

the NAIC Model Insurance Holding Company System Regulatory Act (Holding Company Act). 

State regulatory authority is generally limited to the insurance entity licensed by, or operating in, 

that given state. The amended model Holding Company Act provisions would, where enacted:

 allow the state insurance regulator to access information regarding any entity within the 

insurance holding company system; 

 provide state insurance regulators with information about corporate governance at the 

individual regulated insurer and group levels; 

 provide reporting by the insurer on material risks within the insurance holding company 

system that could pose enterprise risk to the insurer and examination authority on a topdown basis with respect to enterprise-wide risks; and

 provide for participation by state insurance regulators in “supervisory colleges” (i.e., a 

forum for regulators of the various jurisdictions in which the legal entities of an insurance 

group operate). 

With these amendments to the Holding Company Act, state regulators who discover enterprise 

risk to the insurer are given state statutory authority to examine any entity within the group that 

poses such enterprise risk. As of April 2013, fourteen states have enacted the 2010 amendments

to the model. 

2. Corporate Governance

For purposes of SMI, state regulators compiled the corporate governance requirements from state 

insurance laws and regulations, general corporate governance law derived from state case law, 

stock exchange listing requirements, and other applicable federal laws such as the SarbanesOxley Act in an effort to understand the totality of corporate governance laws to which insurers 

are subject. As a result of these efforts, state regulators are drafting a “Proposed Responses to a 

Comparative Analysis of Existing U.S. Corporate Governance Requirements” document, which 

proposes regulatory enhancements. An August 12, 2012 draft of the document includes

proposals to “[r]eceive more regular and timely information on corporate governance practices of 

insurers through filing a confidential supplement on insurer governance practices with the 

domestic state of each insurance legal entity,” and to require “insurers above a certain size to 

maintain an internal audit function.”

 

3. Own Risk and Solvency Assessment (ORSA)

An “Own Risk and Solvency Assessment” (ORSA) refers to the processes and procedures used 

to identify, assess, monitor, manage, and report the short- and long-term risks that an insurer or 

group of insurers faces, and to determine that overall solvency needs will continue to be met. 

State regulators have developed and adopted an ORSA Guidance Manual, which provides 

regulators with expectations as to the manner in which an insurance group should perform an 

internal risk and solvency assessment. The ORSA Guidance Manual requires an internal 
43

assessment of the risk associated with the current business plan of an insurance group and of the 

sufficiency of capital resources to support those risks. State regulators also developed the 

“NAIC Risk Management and Own Risk and Solvency Assessment Model Act” in 2012. If the 

model is uniformly enacted in the states, those laws would require large insurers and groups to 

perform an ORSA and to provide the results to state insurance regulators. 

4. Reinsurance Collateral Reform

By ceding (i.e., transferring) risk exposure through reinsurance, primary insurers can maintain or 

expand financial and underwriting capacity to offer additional primary coverage to consumers. 

This arrangement carries with it some level of credit risk (i.e., the possibility that a reinsurer will 

be unable or unwilling to honor obligations to the insurer). For many years, U.S. insurance 

industry practices and regulations have provided for the means to reduce such reinsurance credit 

risk through collateral that is held by the insurer. Most notably, state insurance regulations have 

uniformly required foreign reinsurers to post collateral with U.S. insurers supporting 100 percent 

of contracted obligations. Conversely, foreign insurance regulations have generally not required 

U.S. reinsurers to post any collateral. This is a particularly important issue in the current EUU.S. Insurance Project (see below), as many of the largest reinsurers are based in the European 

Economic Area. 

Pressure has increased to eliminate the imbalance in collateral requirements for domestic and 

foreign reinsurers. Since the 1980s, state insurance regulators, working through the NAIC, have 

made various efforts to address the issues raised by reinsurers to eliminate collateral 

requirements. In November 2011, state regulators amended an NAIC model act that addresses 

reinsurance collateral requirements. As of April 2013, twelve states have adopted reinsurance

collateral reform, although the adopted revisions have not been uniform. 

C. EU-U.S. INSURANCE DIALOGUE PROJECT

In the European Union, the European Parliament, the Council of the European Union and the 

European Commission (EC), technically supported by the European Insurance and Occupational 

Pensions Authority (EIOPA), are reforming the insurance regulatory and supervisory regime 

through the Solvency II Directive, which has been in place since 2009. This Framework 

Directive was the culmination of work begun in the 1990s to update existing solvency standards 

in the EU. Current work aims to further specify the Framework Directive with technical rules 

and guidelines pertaining to matters including capital requirements and reinsurance, which are 

necessary for a consistent application by insurers and supervisors of the framework. 

In early 2012, FIO hosted the EC, EIOPA, and U.S. state regulators for the purpose of 

establishing a formal dialogue and a related project. The purpose of the project is to increase 

mutual understanding and enhance cooperation between the EU and the United States on 

insurance issues in order to promote business opportunity, consumer protection, and effective 

supervision. The project is carried out in collaboration with EIOPA, the EC and a representative 

of the United Kingdom, and with state insurance regulators and the NAIC in the United States. 

The steering committee for the project focused 2012 efforts on seven topics that are 
44

fundamentally important to a sound regulatory regime, the protection of policyholders, and 

financial stability. The seven topics are: 

 Professional secrecy/confidentiality;

 Group supervision;

 Solvency and capital requirements;

 Reinsurance and collateral requirements;

 Supervisory reporting, data collection and analysis;

 Supervisory peer reviews; and 

 Independent third party review and supervisory on-site inspections. 

Separate technical committees were assembled to address each topic. Each technical committee

was comprised of experienced professionals from both the EU as well as the United States, 

including from the EC, EIOPA, EU member states, U.S. state insurance regulatory agencies, 

FIO, and the NAIC. The technical committees worked jointly and drafted a consensus report 

that included a fact-based summary of the key commonalities and differences between the EU‟s 

Solvency II regime and oversight of the U.S. insurance sector. The reports of the technical 

committees represented the culmination of work from the project and informed the work of the 

steering committee by agreeing to certain common objectives and initiatives. 

In December 2012, both jurisdictions entered into an agreed-upon “Way Forward,” a summary 

statement describing the areas appropriate for improved harmonization, convergence and 

compatibility. In the “Way Forward,” the EU and the United States agreed to work closely 

together and, in early 2013, began development of detailed work plans that fulfill the stated 

objectives. 

D. INTERNATIONAL ASSOCIATION OF INSURANCE SUPERVISORS (IAIS)

Pursuant to the Dodd-Frank Act, FIO coordinates federal efforts and develops federal policy on 

prudential aspects of international insurance matters, including representing the United States, as 

appropriate, at the IAIS. The IAIS is an association that represents insurance regulators and 

supervisors of nearly 140 jurisdictions, including U.S. state insurance regulators. The 

jurisdictions of the supervisors comprising the IAIS constitute 97 percent of the insurance 

premiums in the world. In addition to its members, the IAIS also has more than 130 interested 

parties and other observers. The IAIS objectives are to:

 promote effective and globally consistent supervision of the insurance industry in order to 

develop and maintain fair, safe and stable insurance markets for the benefit and 

protection of policyholders; and

 contribute to global financial stability.

In furtherance of these objectives, the 2012 IAIS by-laws39 state that the IAIS will, among other 

things: 
45

 develop principles, standards, and guidance for the supervision of insurance markets, 

which Members should strive to apply taking into account the specific circumstances of 

their markets;

 encourage the implementation and practical application of its principles and standards;

 develop methodologies for the assessment of the observance of its principles and 

standards, and facilitate assessment processes;

 encourage broader contacts and co-operation among insurance supervisors, facilitating 

mutual assistance, education and training on insurance supervision and the exchange of 

supervisory information; and

 engender awareness of common interests and concerns among insurance supervisors and 

identify potential risks that may affect insurance supervision. 

FIO joined the IAIS as a full member on October 1, 2011, and now serves on the IAIS Executive 

Committee. FIO currently participates in the Financial Stability Committee (FSC), the 

Specialists‟ Committee supporting the work of the FSC, and the Macroprudential Surveillance 

Working Group. In addition, the Director of FIO serves as Chair of the Technical Committee, 

and FIO staff serve on various subcommittees of the Technical Committee. The Technical 

Committee, among other responsibilities, directs the development of the Common Framework 

for the Supervision of IAIGs (ComFrame). 

1. Financial Stability Committee (FSC)

At the request of the G-20 Leaders, the Financial Stability Board (FSB)40 has developed a 

comprehensive policy framework for systemically important financial institutions, new key

international attributes for resolution regimes, essential elements for cross-border cooperation 

and recovery, and resolution planning. In addition, the FSB, in consultation with the Basel 

Committee on Banking Supervision (BCBS), requires additional loss absorbency for those 

institutions that will be identified in November 2014 as global systemically important banks (GSIBs). The G-20 Leaders and FSB have asked the IAIS to develop the methodology and 

indicators to identify global systemically important insurers (G-SIIs), to recommend firms to the 

FSB that should be designated, and to develop policy measures to be applied to designated 

insurers. To address and answer the request of the FSB, the IAIS formed the FSC, which is 

comprised of experts from national authorities from around the world. 

The IAIS published a proposed assessment methodology for G-SIIs for public consultation on 

May 31, 2012. Key elements of the proposed assessment methodology include the scope of 

analysis; criteria for systemic importance; quantitative and qualitative indicators (e.g., 

nontraditional insurance activities, interconnectedness, substitutability, size, and global activity); 

data collection; analysis of data; and supervisory judgment. Once the IAIS collects and analyzes 

the data and conducts supervisory judgment according to the assessment methodology, any 

identified firms will be recommended to the FSB for designation. In addition to developing a 

methodology to identify G-SIIs, the FSC is developing heightened prudential policy measures 

designed to reduce the likelihood and impact of the failure of a G-SII. The proposed policy 

measures include enhanced supervision, effective resolution, and higher loss absorbency. The 

proposed policy measures were released for public comment in late 2012, and are currently being 
46

evaluated. In February 2013, the FSB reported to the G-20 that the IAIS expected to complete 

the work on the global systemically important insurers by the end of the second quarter of 2013.

2. Common Framework for the Supervision of Internationally Active Insurance Groups

(ComFrame)

Recognizing that global insurance groups increasingly conduct business and generate earnings 

from outside a group‟s home jurisdiction, the IAIS is developing ComFrame, which will be an 

integrated, multilateral, and multidisciplinary framework for the group-wide supervision of 

Internationally Active Insurance Groups (IAIGs). In October 2013, the IAIS will release for 

public comment a revised draft of ComFrame that builds on and complements the ICPs. 

ComFrame is intended to address group-wide activities and risks of insurers; develop principles 

for better global supervisory cooperation; and foster global convergence of regulatory and 

supervisory measures and approaches. ComFrame does not intend to set or require an insurance 

group to meet a global capital standard. Instead, in its July 2012 proposal, the IAIS states that 

the objectives in this area are to develop a system leading to comparability and consistency of 

application across IAIGs for solvency analysis of those IAIGs. The IAIS plans to complete the 

development phase of ComFrame in late 2013, and then proceed to a field testing or “calibration 

phase” in 2014. Field testing will allow for an evaluation of the impact of the ComFrame 

proposal on supervisors and insurers. The current planned implementation date for ComFrame is 

2018. 
47

V. CURRENT ISSUES AND EMERGING TRENDS

A. IMPACT OF LOW INTEREST RATES

A sustained low interest rate environment may have adverse consequences on the profitability of

L/H insurers and, perhaps to a lesser extent, on P/C insurers. The extent of those consequences 

depends on a number of factors, such as the length and depth of the low interest rate 

environment, the composition and terms of the product offerings of an insurer, the extent to 

which an insurer has matched durations of assets and liabilities, and the degree to which it may 

have hedged risk through derivatives. 

For example, L/H insurers often guarantee minimum policyholder returns for certain products, 

particularly annuity products. Many of these products were guaranteed years ago under different 

market conditions. As the low interest rate environment continues to suppress investment 

incomes, the obligation to fund guaranteed policyholder returns continues to challenge L/H 

insurers. Sufficient pressure might require insurers to liquidate some assets unexpectedly, which 

could place price pressure on certain classes of financial assets. 

 

Additionally, in a protracted low interest rate environment, life insurers may be tempted to 

“reach for yield” by investing in higher-yielding, but riskier, assets. The risks of investment 

practices leading to higher yield and risk can be mitigated in part by state investment limitations 

and insurer risk management programs, but a certain level of discretion is allowed by both. 

Thus, a sustained low interest rate environment may lead insurers to offer products for which risk 

management becomes more tenuous. 

L/H insurers have options for adapting to an extended low interest rate environment. Subject to 

regulatory and competitive limitations, insurers may be able to increase premiums and fees or 

change the terms of minimum guaranty provisions in life insurance and annuity products (i.e., 

decrease the guaranteed rate of return). L/H insurers can also use derivatives to hedge interest 

rate risk and to earn income through writing covered call options. The costs of hedging, 

however, may off-set much of the expected returns in a low interest rate environment, and may 

subject L/H insurers to counterparty credit risks. 

In addition to adversely affecting investment returns, the current low interest rate environment 

affects the present value of insurer contract obligations – particularly for life insurance products. 

As interest rates have decreased, the present values of such future obligations have increased. As 

a result, insurers increased reserve levels significantly in 2011, adding further downward 

pressure to 2011 reported financial results. As interest rates stabilized in 2012, insurers‟ 

financial results were less impacted by reserve increases than in 2011. 

B. NATURAL CATASTROPHES

For P/C insurance purposes, a catastrophe is currently defined as an event that causes more than 

$25 million of insured losses. For P/C sector aggregate reporting purposes, catastrophe loss data 

are estimated by industry observers and reinsurers. 
48

2011 was among the costliest years for insured losses resulting from natural catastrophes, with 

an estimated $44.2 billion of catastrophe losses in the United States,41 far surpassing the 2010 

amount of $14 billion. On a global scale, an A.M. Best report ranks 2011 as the second-costliest 

year ever with $110 billion of insured catastrophe losses, compared to $125 billion of

catastrophe losses in 2005.

42

The range of worldwide natural disasters in 2011 included flooding in Australia, earthquakes and 

the tsunami in Japan, and an earthquake in New Zealand. The United States experienced 

wildfires, earthquakes, tornados, flooding, and Hurricane Irene. U.S. communities were affected 

by 171 natural catastrophe events in 2011.

43

 

During the first half of 2012, losses from natural catastrophes were relatively low.44 However, in 

late October, „Superstorm‟ Sandy made landfall near Atlantic City, NJ as a post-tropical storm 

system. Sandy produced wind gusts of 60 to 90 miles per hour in coastal New Jersey, New 

York, and southern New England. Sandy also caused significant storm surge and flooding in 

New Jersey, New York, Connecticut, Rhode Island, and the Delmarva Peninsula (Delaware, 

Maryland, and Virginia). Storm surge in lower Manhattan reached a record high 13.88 feet.45 

Superstorm Sandy struck the most densely-populated areas of the U.S. eastern seaboard, and 

current estimates suggest it caused $25 billion in insured losses, and up to $50 billion in total 

economic damages.

46

 As a result, 2012 catastrophe losses are estimated to be $43.0 billion.47 

Insured losses from large-scale natural catastrophes can strain the resources of the P/C insurance 

industry. Massive financial losses from these events often lead insurers and reinsurers to 

reevaluate underwriting exposure to catastrophes. Insurers often raise premium rates for 

consumers, especially in those areas exposed to the catastrophic risks typically insured in the 

private marketplace (e.g., earthquake, wildfire, tornado, wind, and hurricane), increasing the cost 

of insurance for certain consumers. Insurers may also modify underwriting guidelines to limit 

exposure in catastrophe prone areas, making it more difficult for certain consumers to purchase 

insurance. Both increased premiums and modifications to underwriting guidelines allow insurers 

to rebuild capital levels and underwriting capacity. 

The growth of population and infrastructure in coastal metropolitan areas, along with the 

frequency and severity of natural catastrophes has increased the insured and total economic loss 

resulting from these events. 

Insurers and reinsurers may attempt to modify business models to reduce exposure to certain 

catastrophic risks, but such modifications take time. In some cases, recognizing the possibility 

that insurance supply may be limited in catastrophe-prone areas, states have responded by 

creating public insurance programs or reinsurance entities to restore or support private markets. 

States with residual market mechanisms may have to strike a careful balance between insurer

capital requirements, public support for the cost of market backstops, risk-justified rates, and 

affordable insurance. 
49

FIO will submit a report to Congress, pursuant to § 100247 of the Biggert-Waters Flood 

Insurance Reform Act of 2012,48 assessing these and other factors related to natural catastrophes 

and insurance. 

C. CHANGING DEMOGRAPHICS IN THE UNITED STATES

Changing demographics within the United States could have a significant impact on the U.S. 

insurance industry. One of the most notable ongoing demographic changes is the aging of the 

baby boom generation along with declining fertility rates. 

From an insurance perspective, these demographic shifts present both risks and opportunities to 

individuals as well as to insurers. An increasing proportion of the U.S. population faces the 

increased risk that they may outlive their retirement assets. Likewise, insurers face the risk that 

liabilities on lifetime annuity contracts will exceed the underlying assumptions in effect when the 

annuity products were priced and sold. 

These demographic changes also present opportunities for insurers to offer alternative lifetimeincome solutions to protect the retirement security of individuals (e.g., certain deferred fixed 

annuities). However, the ability of insurers to continue to develop and launch new products is 

affected by the current low-interest rate environment, tax rules, and the nature and extent of 

regulatory approval processes that apply in multiple states over product design and pricing.

D. GROWTH OPPORTUNITIES IN EMERGING MARKETS

The global insurance market is expanding rapidly – particularly in emerging markets in Asia and 

Latin America. By way of comparison, while total global premium volume grew by 90 percent 

from $2.4 trillion in 2001 to $4.6 trillion in 2011, U.S. premium volume only grew by 33 

percent, from $904 billion to $1.2 trillion.

49

 

Between 2000 and 2007, 75 percent of the growth in the global L/H insurance market came from 

North America and Western Europe. Between 2007 and 2011, more than 80 percent of the 

growth in the global L/H insurance market came from Latin America and Asia.

50

 For the P/C 

sector, 75 percent of the growth in the global P/C insurance market came from North America 

and Western Europe between 2000 and 2007. Between 2007 and 2011, 70 percent of the growth 

in the global P/C insurance market came from emerging Asia and Latin America. 

Going forward, the size of the middle class in the emerging markets of Asia and Latin America is 

expected to grow and likely to exceed that of the United States. The Organisation for Economic 

Co-operation and Development (OECD) reports that in 2009, the U.S. middle class comprised 

the largest share of purchasing price parity globally with a twenty-one percent market share –

two-and-a-half times that of the next largest market, Japan. The study projects that by 2030 the 

U.S. market share will fall to seven percent globally, taking a distant third place behind India 

(twenty-three percent) and China (eighteen percent).51

The middle class in these emerging economies will drive future demand for insurance products 

in the global marketplace. The Swiss Re 2011 sigma update on world insurance markets found 
50

that insurance premiums in emerging markets grew by 11.0 percent in 2010, compared to 1.4 

percent growth in industrialized countries (calculated on an inflation-adjusted basis).

52

 

Specifically, premiums in China, which represent a third of the total emerging market premium 

volume, rose by 26 percent.

Emerging markets (countries in South and East Asia, Latin America and the Caribbean, Central 

and Eastern Europe, Africa, the Middle East, and Central Asia) accounted for only 15 percent of 

global premium volume in 2010. However, this number will increase substantially as the middle 

class in emerging economies grows. As Table 30 indicates,53 the relative share of the global 

middle class is projected to increase dramatically in the Asia-Pacific region during the next 

twenty years.

Table 30: Size and Share of the Global Middle Class by Region

2009 2020 (projected) 2030 (projected)

Millions of 

People

Percent of 

Total

Millions of 

People

Percent of 

Total

Millions of 

People

Percent of 

Total

North America 338 18% 333 10% 322 7%

Europe 664 36% 703 22% 680 14%

Central and South America 181 10% 251 8% 313 6%

Asia Pacific 525 28% 1,740 54% 3,228 66%

Sub-Saharan Africa 32 2% 57 2% 107 2%

Middle East and North Africa 105 6% 165 5% 234 5%

World 1,845 100% 3,249 100% 4,884 100%

Source: OECD

Such significant changes in demographics and buying power in emerging markets will have a 

significant impact on the markets that insurers choose to serve, the products insurers offer in 

those jurisdictions, the quality and nature of regulation, and how that regulation is administered. 

The share of the global L/H insurance market in Latin America and Asia is expected to grow 

from 22 percent in 2010 to 37 percent in 2020.54 The relatively mature markets of Korea and 

Japan are also expected to significantly increase demand for life insurance products in the future. 

With regard to the P/C sector, the share of global premiums in Latin America and Asia are 

expected to grow from 17 percent in 2010 to 32 percent in 2020.55 
51

ENDNOTES 

 

1

See Department of Commerce, Bureau of Economic Analysis, http://www.bea.gov/national/index htm#gdp 

(reporting – via the “Current-dollar and „real‟ GDP” hyperlink – 2012 nominal GDP of $15,684.8 billion). 

2

 Department of Labor, Bureau of Labor Statistics, 

http://data.bls.gov/timeseries/CES5552400001?data_tool=XGtable (data extracted on April 5, 2013). 

3

See Department of labor, Bureau of Labor Statistics, http://data.bls.gov/cgi-bin/surveymost (data extracted on April 

5, 2013) (reporting approximately 134.7 million nonfarm employees as of year-end 2012). 

4

 National Insurance Producer Registry (NIPR), 2012 Annual Report, 9, available at

http://www.nipr.com/documents/2012_NIPR_Annual_Report.pdf. 

5

 Federal Deposit Insurance Corporation (FDIC), Quarterly Banking Profile, 7 (Fourth Quarter 2012), available at

http://www2.fdic.gov/qbp/2012dec/qbp.pdf (reporting $14.5 trillion of total assets held by FDIC-insured 

institutions. 

6

 $6.8 trillion of invested assets includes separate account assets held by L/H insurers. 

7

 Dodd-Frank Wall Street Reform and Consumer Protection Act §§ 501-502, 31 U.S.C. § 313 (2010). 

8

 Dodd-Frank Wall Street Reform and Consumer Protection Act § 502(a), 31 U.S.C. § 313(n)(2) (2010). 

9

 This Report does not cover all aspects of the insurance industry. The Dodd-Frank Act provides that the authority 

of the FIO shall extend to all lines of insurance except: (1) health insurance, as determined by the Secretary of the 

Treasury in coordination with the Secretary of Health and Human Services based on section 2791 of the Public 

Health Service Act (42 U.S.C. 300gg–91); (2) long-term care insurance, except long-term care insurance that is 

included with life or annuity insurance components, as determined by the Secretary of the Treasury in coordination 

with the Secretary of Health and Human Services, and in the case of long-term care insurance that is included with 

such components, the Secretary of the Treasury shall coordinate with the Secretary of Health and Human Services in 

performing the functions of the Office; and (3) crop insurance, as established by the Federal Crop Insurance Act (7 

U.S.C. § 1501 et seq.). 

10 See infra Part IV.D. The Financial Stability Forum (FSF) was established by G-7 Leaders in 1999 and reestablished as the Financial Stability Board (FSB) in 2009 by G-20 Leaders. The FSB brings together G-20 finance 

ministries, central banks, financial sector regulators, and international bodies to monitor and make recommendations 

to strengthen global financial system stability. 

11 See infra Part IV.B. State regulators may coordinate efforts through the NAIC, but the NAIC does not have legal 

authority to make law or to bind any state official, including insurance regulators, governors, or legislators. 

References in this Report to the work of the NAIC or the development of NAIC model laws should be read with the 

understanding that the states enact their own laws and that their respective state insurance regulators ultimately 

interpret and enforce those laws. 

12 IAIS, ComFrame Frequently Asked Questions (April 4, 2013). 

13 Best‟s Special Report, Review & Preview (February 4, 2013). 

14 Id. at 12. 

15 ISO reports that U.S. natural catastrophe losses in the first half of 2012 were approximately $12.6 billion – down 

from $25.7 billion in the first half of 2011. See ISO, P/C Insurers’ Profits and Profitability Surged in First-Half 

2012 as Underwriting Results Benefited from Drop in Catastrophe Losses, (October 4, 2012), available at

http://www.isopropertyresources.com/Press/2012-Press-Releases/P-C-Insurers-Profits-and-Profitability-Surged-inFirst-Half-2012 html. 

16 Best‟s Special Report, Review & Preview (February 4, 2013).

17 McKinsey & Company, Study: The Increasing Internationalization of Insurance Markets (August 6, 2012) 

(presented at a public meeting of the Federal Advisory Committee on Insurance) [hereinafter McKinsey Study]. 

18 AM Best‟s Aggregates and Averages, 2012 Life/Health Edition. 

19 AM Best‟s Aggregates and Averages, 2012 Property/Casualty Edition. 

20 Although insurers are licensed as life insurers, health insurers, or property and casualty insurers, state insurance 

regulators may authorize an insurer to sell other products. For example, a life insurer or property and casualty 

insurer may be authorized to sell health insurance. Monoline insurers, such as mortgage guaranty insurers and 

financial guaranty insurers, may not sell other insurance products. 

21 Premiums exclude amounts received on deposit-type contracts. Premiums have also been updated for completed 

mergers as of December 31, 2012. 
52

 

22 LIMRA, Facts About Life 2010, available at http://www.limra.com/newscenter/pressmaterials/10FOL.pdf. The 

study also reports that households blame a lack of information for the inability to obtain needed life insurance 

products. 

23 See Sebastian Schich, Insurance Companies and the Financial Crisis, OECD JOURNAL: FINANCIAL MARKET 

TRENDS, Vol. 2009/2, 8 (October 2009), available at http://www.oecd.org/insurance/insurance/44260382.pdf. 

24 See AM Best Special Report, Interest Rates & Operating Performance Issue Review, November 15, 2011. 

25 See ISO, P/C Insurers’ Profits and Profitability Surged in First-Half 2012 as Underwriting Results Benefited from 

Drop in Catastrophe Losses, (October 4, 2012), available at http://www.isopropertyresources.com/Press/2012-

Press-Releases/P-C-Insurers-Profits-and-Profitability-Surged-in-First-Half-2012 html. 

26 See AM Best, Glossary of Insurance Terms: Premium to Surplus Ratio, 

http://www.ambest.com/resource/glossary html#P. 

27 National Organization of Life and Health Insurance Guaranty Associations (NOLHGA), Presentation: Total 

Assessments Called against Total Liquidations per Year (1990-2011) (sent by NOLHGA directly to the U.S 

Department of the Treasury). 

28 National Conference of Insurance Guaranty Funds (NCIGF) Presentation: Property & Casualty Insurance 

Insolvencies and Guaranty Fund System Assessments (1992-2012) (sent by NCGIF directly to the U.S Department 

of the Treasury). 

29 International Swaps and Derivatives Association (ISDA), Derivatives Usage Survey (November 2, 2009). The 

global survey includes U.S. and foreign insurers. 

30 See NAIC Capital Markets Special Report (July 2011). 

31 J.D. Power & Associates, 2012 Insurance Website Evaluation Study Results (May 24, 2012), available at

http://www.jdpower.com/content/article-base/nlyQOQa/j-d-power-2012-insurance-website-evaluation-study.htm. 

32 LIMRA, 2013 Insurance Barometer Study, 22, available at http://www.lifehappens.org/wpcontent/themes/showtime/barometer/2013_LIFE_LIMRA_Insurance_Barometer_Study.pdf. 

33 Business Insurance, 100 Largest Brokers of U.S. Business (July 16, 2012), available at

http://alliantinsurance.com/Alliant-News/Industry%20News/BI_2012_Top_100.pdf. 

34 The Reinsurance Association of America (RAA), Offshore Reinsurance in the U.S. Market (2011 Data). 

35 Public comment submission: Public Input on the Report to Congress on the U.S. and Global Reinsurance Market, 

Reinsurance Association of America (RAA), 4 (August 27, 2012). 

36 Aon Benfield, Reinsurance Market Outlook (April 1, 2013). 

37 15 U.S.C. §§ 1011-1015. 

38 MetLife “de-banked” in February 2013 and is no longer a BHC. See https://www.metlife.com/about/pressroom/us-press-releases/index.html?compID=93061. 

39 International Association of Insurance Supervisors, By-laws (2012 Edition), Article 2, available at

http://www.iaisweb.org/By-laws-45. 

40 The Financial Stability Forum (FSF) was established by G-7 Leaders in 1999 and re-established as the Financial 

Stability Board (FSB) in 2009 by G-20 Leaders. The FSB brings together G-20 finance ministries, central banks, 

financial sector regulators, and international bodies to monitor and make recommendations to strengthen global 

financial system stability. 

41 Best‟s Special Report, Review & Preview (February 4, 2013).

42 Best‟s Special Report, Reinsurers Resilient Against Waves of Catastrophes, Economic Uncertainty (April 23, 

2012), available at http://www.ambest.com/press/042303globalreinsurancereport.pdf.

43 NAIC, Natural Catastrophe Response, http://www.naic.org/cipr_topics/topic_catastrophe htm. 

44 ISO reports that U.S. natural catastrophe losses in the first half of 2012 were approximately $12.6 billion – down 

from $25.7 billion in the first half of 2011. See ISO, P/C Insurers’ Profits and Profitability Surged in First-Half 

2012 as Underwriting Results Benefited from Drop in Catastrophe Losses, (October 4, 2012), available at

http://www.isopropertyresources.com/Press/2012-Press-Releases/P-C-Insurers-Profits-and-Profitability-Surged-inFirst-Half-2012 html. 

45 The previous record of 10.5 feet was set by Hurricane Donna in 1960. See EQECAT, Superstorm Sandy Slams 

the North East with Winds, Storm Surge, and Flooding, http://www.eqecat.com/catwatch/super-storm-sandy-slamsnorth-east-winds-storm-surge-flooding-2012-10-30/. 

46 See EQECAT, Superstorm Sandy Post-Landfall Estimates, http://www.eqecat.com/catwatch/post-landfall-lossestimates-superstorm-sandy-released-2012-11-01/. 
53

 

47 Best‟s Special Report, Review & Preview (February 4, 2013).

48 Pub. L. No. 112-141; 126 Stat. 916, 967-68 (2012). 

49 See Swiss Re, sigma, No. 3/2012, 33, available at http://media.swissre.com/documents/sigma_3_12_en.pdf; and 

see Swiss Re, sigma, No. 8/2003, 31, available at http://media.swissre.com/documents/sigma8_2003_en.pdf

(showing 2001 premiums for comparison to 2002). 

50 See McKinsey Study, supra note 17, slide 9. 

51 OECD Development Centre, Working Paper No. 285, The Emerging Middle Class in Developing Countries, 26-

29 (January 2010). 

52 Swiss Re, sigma, No. 2/2011, 30, available at http://media.swissre.com/documents/sigma2_2011_en.pdf. 

53 Id. 

54 McKinsey Study, supra note 17. The North American share is expected to decrease from 22 percent to 19 percent 

during the same ten years. 

55 Id. The North American share is expected to decrease from 41 percent to 34 percent during the same ten years.