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CAGNY Meeting. May 29, 2002. What is “Suretyship”?. Suretyship is essentially an extension of credit by the surety on behalf of the principal . Suretyship is designed to protect the Obligee from exposures to loss. What are “Surety Bonds”?.

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Cagny meeting

CAGNY Meeting

May 29, 2002


What is suretyship
What is “Suretyship”?

  • Suretyship is essentially an extension of credit by the surety on behalf of the principal. Suretyship is designed to protect the Obligee from exposures to loss.


What are surety bonds
What are “Surety Bonds”?

  • A surety bond is a written agreement providing for monetary compensation or satisfactory completion of an obligation by the surety. A surety bond is a three-party agreement whereby the surety is bound, with the principal to the Obligee.


There are two broad categories of surety
There are two broad categories of Surety

  • Contract Surety – a contract bond guarantees the performance of the principal under a written contract to build or supply goods and services.

  • Commercial Surety (also known as non-contract or miscellaneous bonds) – a commercial surety bond guarantees the principal will honor obligations to pay certain sums of money under defined agreements or statutory terms.







Primary market changes from january 2000 december 2001
Primary Market Changes from January 2000 – 1999-2001December 2001

  • - Consolidation through acquisition

  • Travelers/Reliance

  • St. Paul/USF&G/Seaboard

  • Zurich/F&D

  • - Reduction through insolvency

  • Fireman’s Fund (Surety Operation)

  • Frontier

  • Amwest

  • First Indemnity of America


Reinsurance market changes from january 2000 december 2001
Reinsurance Market 1999-2001Changes from January 2000 – December 2001

  • - Calendar year 1999-over 25 active reinsurers with a total

  • market capacity exceeding $250,000,000

  • - December 2001 – 12 active reinsurers with a

  • total market capacity at approximately

  • $90,000,000 (excluding New Bermuda markets)

  • - Between September and December we lost

  • FolksAmerica, St. Paul Re and Gerling.

  • Post January 1, 2002 Odyssey Re and Arch

  • Re emerged as new markets.


Loss activity contract commercial surety
Loss Activity (Contract & Commercial Surety) 1999-2001

  • Contract Surety

  • Loss activity over the past 5 years has increased in both

    frequency and severity

  • Gross vs. Net Results

  • Reinsurers share of the industry losses disproportionate

    Commercial Surety

  • Historically very profitable

  • Over the past 5 years: New product development

    • Growing number of high risk obligations


Recent claim activity
Recent Claim Activity 1999-2001

  • ContractSurety losses over $50 million are now common

    • Loss over $200 million is in the market; Freide Goldman

      Halter (two sureties involved)

  • CommercialSurety losses are growing with the biggest

    claim ever produced now in litigation.

    • The biggest potential loss is Enron Corp.

    • Another potential large loss is Kmart


Enron
Enron 1999-2001

  • US Surety Market & Exposures

  • Market participants

  • Primary companies:

  • Chubb Safeco

  • St. Paul AIG

  • Liberty Bond CNA Surety

  • Travelers Hartford

  • Fireman’s Fund F&D Surety

  • Kemper Atlantic Mutual

  • Total = $2,488,000,000


Enron1
Enron 1999-2001

  • US Surety Market & Exposures

  • Market participants

  • Reinsurance companies:

  • Transatlantic Re Gerling Global

  • Swiss Re American Re

  • Gen Re Nac Re/XL Re

  • Partner Re St. Paul Re

  • Folksamerica Zurich Re

  • C.N.A. Re Hanover Re

  • Employers Re Everest Re

  • SCOR Re Berkley Group

  • London

  • Total = $750,000,000


What do we know about enron corporation
What Do We Know About Enron Corporation? 1999-2001

  • Corporate Headquarters – Houston, Texas

  • Advanced Energy Trading Business

  • Divested (sold) most fixed assets from 1990-1998

  • Early 2001 market capitalization topped $88 billion

  • Leader in its market

  • Darling of Wall Street


Account underwriting
Account Underwriting 1999-2001

  • Corporate Financial Statement

  • Value Line/S&P Rating Etc.

  • Very Limited Client Contact


Surety involvement
Surety Involvement 1999-2001

  • Contract Surety

  • - Performance Bond / Payment Bonds

  • - Operations and Maintenance Bonds

  • Commercial Surety

  • - Advance Payment Bond

  • - Premium Payment Bond

  • - Financial Guarantee Bond

  • Domestic Business Interests

  • International Business Interests


Where are the losses
Where Are The Losses 1999-2001

  • Contract - most likely from the international business

  • - Argentina exposure most tenuous

  • - estimate $25-$200 million

  • Commercial - paid losses to date exceed $265,000,000

  • - A.P.E.A. Bond

  • - Winterthur Bond

  • - NEPOOL Bonds

  • - Mahonia Bonds


A p e a bond
A.P.E.A. Bond 1999-2001

  • Paid loss $250,000,000

  • Structure of the deal

    • Foreword sale agreement

    • J.P. Morgan/Chase

    • A.P.E.A.

    • End Users

    • Enron


Mahonia
Mahonia 1999-2001

  • Who/What is Mahonia

  • Six Open Bonds

    • Guarantee Advance Payment

  • Total Amount On Six Bond claims - $1.1 Billion

  • Current Litigation


Kmart
Kmart 1999-2001

  • Commercial Surety Loss

    • Workers’ Compensation/Self Insurers Bond

    • Lease Bonds

    • License and Permit Bonds



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