For nearly six years, so-called alien reinsurers have been battling to convince regulators to lower their collateral requirements and create a more level playing field with their U.S. competitors. Regulators shocked the industry last June by taking the argument one step further, with a proposal to demand collateral from all carriersforeign and domesticaccording to the financial risk they pose. The big question is, will it pass, as planned, by September?

Currently, alien reinsurers–including some of the best-known players in the world, such as Lloyd's of London–must post 100 percent of their gross American liabilities as collateral, putting them at a competitive disadvantage. Under the plan put forth by the National Association of Insurance Commissioners, a Reinsurance Evaluation Office would be established to rate all carriers and determine how much collateral each must post.

The rationale behind the move is that discriminating against foreign carriers undermines the benefits of globalization without benefiting buyers. The fact that most non-U.S. reinsurance comes from four countries with reliable regulatory systemsthe United Kingdom, Germany, Switzerland and Bermudamakes the collateral mandate moot, or at least unfair, critics contend.

U.S. carriers immediately started wailing, wondering what the value of a U.S. license would be if the NAIC proposal made it into law. There is also serious concern about the amount of money U.S. reinsurers would have to post. In response, the NAIC Reinsurance Task Force revised its proposal to exempt all domestic reinsurers in the top-three collateral rating categories.

The NAIC Financial Condition Committee must now respond to any further concerns raised by reinsurers before the full NAIC votes on whether to approve the new system by next September.

Although each state would still have to amend their Credit For Reinsurance Act to implement the concept, at least the end of this long, contentious debate is in sight.

However, I will still believe it when I see it. So many things can happen at the NAIC between now and September. What do you think the odds are that this long-overdue leveling of the playing field will actually come to pass at last?

Special Reports /

NU's Top 10, #8: NAIC Collateral Plan Stuns Reinsurers

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