The National Association of Insurance Commissioners will “morethan likely” reexamine the issue of continuing collateralrequirements for alien reinsurers, the group's president saidyesterday.

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Maine Superintendent of Insurance Alessandro Iuppa said theissue was thoroughly discussed at the annual commissioners' retreatearlier this month, where a number of European regulators were alsopresent.

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No final charge has been given to the Reinsurance Task Force,but regulators last December approved an NAIC white paper thatoutlined the issues involved in a possible debate, which would seemto leave the way clear for a fruitful discussion, Mr. Iuppasaid.

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Lowering collateral requirements for reinsurers not domiciled inthe U.S. was debated at the NAIC in the early part of the decade.U.S. regulators and industry representatives claimed such a movecould have severe solvency ramifications, while alien reinsurerrepresentatives said it was a matter of fairness as well as helpingto provide a more stable market.

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The parties suspended debate for a couple of years whileattempts were made to reach a compromise. When that provedfruitless, a so-called ad hoc group of regulators presented aseries of compromise proposals that could serve as the basis ofthis year's debates, if they should come about.

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Supporters of the status quo raise concerns about the difficultyof enforcing judgments in foreign courts and differing accountingstandards making transparency of the financial strength of foreignconcerns difficult.

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With the issue again on the forefront, Standard & Poor's hasissued a frequently asked questions report that, while not takingany outright stand, does raise a number of issues.

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“Collateral can provide a false sense of security by removing anincentive for ceding companies to make thoughtful decisions aboutselecting reinsurers,” said the report.

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In addition, the fact that collateral is only required after aclaim is recognized could mean that it would be too late at thatstage to see the funds of a troubled insurer.

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“History has shown that the best protection againstuncollectible reinsurance is to select a diverse group of stable,reliable reinsurance providers in the first place, not to rely onbackstops like collateral,” the report said.

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The report added that relaxing collateral requirements wouldprovide challenges to risk-averse regulators. “In addition,changing the rules would affect capital requirements for cedinginsurers and funding needs for reinsurers, and would shuffle marketdynamics as well,” the report said.

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