TUESDAY, NOVEMBER 7, 2006 Business Insurance DAILY CONFERENCE NEWS 2006 PCI ANNUAL MEETING INDUSTRY NEWS ‘DESPITE OUR current Best study shows strength in sector good fortune, I could make a strong case that we are still standing near the edge of the cliff.’ St. Paul Travelers settles derivative suit ST. PAUL, Minn.—St. Paul Travelers Cos. Inc. has agreed to adopt “certain corporate governance measures” to settle a consolidated derivative lawsuit against the company over alleged improper business practices, the insurer said in a Securities and Exchange Commission filing. The suit, brought against the company’s current directors and certain former directors, asserts state law claims including breach of fiduciary duty in connection with the insurer’s alleged failure to disclose contingent commission payments to agents and brokers, its See INDUSTRY NEWS/page 6 By Meg Fletcher T Julian James, Lloyd’s of London’s director of worldwide markets, told meeting attendees that the industry still faces tough challenges. P/C industry warned: Major threats remain By Meg Fletcher SEATTLE—Despite improved financial results, insurers still need to address serious financial, reputational and operational challenges, a Lloyd’s of London executive warns. Julian James, Lloyd’s Londonbased director of worldwide markets, said Monday in remarks to the annual meeting of the Property Casualty Insurers Assn. of America that “despite our current good fortune, I could make a strong case that we are still standing near the edge of the cliff,” much as he had predicted four years earlier when he last addressed the PCI in the year following the Sept. 11 terrorist attacks. “Unlike in 2002, we just don’t realize it.” The industry has passed a key financial test in dealing with mas- INSIDE sive 2005 cat losses, he said. In addition, U.S. profits this year are forecast to be the best in a generation at $55 billion to $60 billion. Yet, “we are in grave danger of eroding the progress that we have made,” Mr. James said. The industry’s financial challenge is to “stay out of the intensive care ward,” he said. Four years ago, the industry was even worse off than that, though—“on life support,” Mr. James said. Today’s situation is dramatically different than that of four years ago, he said. “If the remarkable underwriting performance of the first half carries through to year’s end, the U.S. property/casualty industry could have its best underwriting results in 51 years—beating See JAMES/page 6 he possibility that a Democratic majority may be elected in one or both houses of Congress today—and the potential impact on insurance industry companies—is a hot topic at this year’s Property Casualty Insurers Assn. of America annual meeting in Seattle. “I think our members will be anxious to hear from us what changes will mean for us as an advocacy organization and how we plan to change our strategy both in the states and Washington,” said June Holmes, PCI’s interim chief executive officer. “I think most pundits are predicting that a House takeover is likely, a Senate takeover is unlikely, although both are possible,” said Ben McKay, PCI’s senior vp for fedSee PRIORITIES/page 6 UPI/LANDOV Despite record hurricane losses in 2005, the U.S. property/casualty industry has remained financially strong over the past year, and rating upgrades outpaced downgrades for the first time since 2000, according to a report by A.M. Best Co. Inc. However, Best said it is concerned about the sustainability of the industry’s financial strength in light of rising surplus levels, pricing deterioration and increased competition. Between July 2005 and July 2006, Best upgraded the ratings of 39 companies while downgrading only 20, according to the report, “Underwriting Discipline Continues; Rating Upgrades Outpace Downgrades.” Best also found that industry surplus increased 2.7% during the first six months of 2006, following an approximate 7.8% increase from year-end 2004 through year-end 2005, due in part to favorable underwriting results. PCI prepares strategy for any changes on Capitol Hill With a Democratic majority in the House, Rep. John Conyers likely would chair the judiciary panel. WORLD OF CHANGE IN THE MONEY THREE QUESTIONS DUELING PUNDITS Journalist sees major shift in global economy. Six-month P/C results fuel optimism. Aon Re’s Bryon Ehrhart on market trends. Novak, Carlson trade views on the election. PAGE 3 PAGE 3 Entire contents copyright by Crain Communications Inc. All rights reserved. PAGE 4 PAGE 4 TUESDAY, NOVEMBER 7, 2006 1 Are you getting unbiased advice on capital alternatives? Ask Aon. Your business needs opportunities to transfer risk to capital markets, including solutions to hedge reinsurance recoverables credit risk, non-catastrophe exposed insurance risks, and other transactions that are accretive to the cost of capital. As a fully integrated reinsurance broker, Aon is the only investment bank that has lead-managed cat bonds, contingent capital and hedge fund transactions. We will provide the insights you need on capital market capacity. 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Cat covers l-based nt forms bonds as post-K triggers. provid atrina cat e collate Aon Capita bond issuan This market l Marke has matur ralized peak ce contin tranche ts succes peril capac ed into ues to of catast sfully placed a ity viable set rophe bonds new volum wind exposu alternative with $300 million e record placed to traditi of Pacific the full-lim res in 2006, the in 2006. s. onal -North Aon also first new it indem successfully west earthquake nity loss sponso r to bring last year. cover, the • Sideca an indem placed indem largest nity-ba r transa nity-ba single sed cover sed transa ctions. on growt for U.S. Sideca ction to h oppor rs provid market tunitie of invest e insure following s, and ors provid rs and protec reinsurers es access t a ceden Aon succes the to privat t’s intelle sfully advise e capita ctual capita capacity and transactions d one client l. flexibi l while in 2006 on the the growi lity to capita totallin formation lize ng sophis g $200 and compl million. tication etion of two offsho re energy 10,000 -exposed sidecar Cat Bond and Sideca 9,000 r issuan ce Serv ices 8,000 Risk Transfer ($ millions) 7,000 Download our full perspective at www.aon.com/askaonre 6,000 8,448 5,000 3,916 4,000 2,000 1,000 6,000 4,643 3,000 1916 2,000 2,064 2,331 4,532 2,126 1,100 956 964 1,143 0 2,312 2001 4,000 3,032 2002 2003 Cat Bonds 2004 Cat Bonds 2005 (Forecast ) 2006 Sidecars Sidecars 2007 (Forecast ) RISK MANAGEMENT | INSURANCE & REINSURANCE BROKERAGE | HUMAN CAPITAL CONSULTING | OUTSOURCING IndustryFocus Osborne named S&P practice head NEW YORK—Standard & Poor’s Corp. has named Grace Osborne leader of the firm’s North America Insurance Practice. Ms. Osborne succeeds Steve Dreyer, who was named U.S. practice leader for utilities and project finance within New York-based S&P’s Industrial Ratings Group. Ms. Osborne, a managing director, most recently led S&P’s advanced analytics team, which performs tailored capital analysis and rates funding agreement-backed notes for institutional and retail markets, catastrophe bonds and insurance-related securitizations. She also was Ms. Osborne the chairperson of S&P’s Americas Insurance Criteria Committee, which oversees development and implementation of ratings criteria for the insurance sectors in the United States, Canada, Mexico and Bermuda. A certified public accountant, Ms. Osborne was accounting coordinator for S&P’s North American insurance sector, with responsibilities including identifying accounting issues in the ratings process. Rodney Clark, an S&P director, will succeed Ms. Osborne as leader of S&P’s Advanced Analytics team. He previously was an analyst for life insurers, life reinsurers and insurance-related securitizations. IF DAILY CONFERENCE NEWS 2006 PCI ANNUAL MEETING Journalist Fareed Zakaria spoke of global trends to PCI meeting attendees Monday. Global economic shift demands recognition By Rodd Zolkos SEATTLE—An apparent disconnect between the existing geopolitical climate and the current global economic picture is, in one prominent journalist’s view, one of the most striking characteristics of the world today. Speaking Monday morning to attendees at the 2006 annual meeting of the Property Casualty Insurers Assn. of America, Fareed Zakaria, editor of Newsweek International and an ABC News analyst, said he’s constantly struck by “what a strange world we’re living in.” To illustrate his point, Mr. Zakaria noted that in the past five years the global economy has grown at a faster rate than in any similar period in recorded history, despite the “dot com” crash, the Sept. 11 attack, U.S. involvement in “two wars that are going badly” Against that backdrop, “political risk is diminishing very rapidly,” he said. “I don’t think it’s dead. I think this may be a phase we’re in.” “You can see this very clearly in the fact that the risk premium on emerging market bonds has essentially collapsed,” Mr. Zakaria said. For example, he said, the current risk premium on Brazilian bonds is essentially the same as that on U.S. bonds. While there’s a disconnect now between political risk and the global economy, eventually political risk will have an economic impact, Mr. Zakaria cautioned. In response, it’s essential that U.S. officials recognize the global nature of today’s world, he said. “Every solution is trans-national,” Mr. Zakaria said. “There’s nothing you can do in one place anymore.” The U.S. needs greater and more sustained dealings with emerging economic powerhouses such as China, India and Russia, he said, looking for ways to work with them to construct systems that will respond to future global issues from economic and political crises ‘EVERY SOLUTION IS trans-national. There’s nothing you can do in one place anymore.’ FAREED ZAKARIA and a significant downturn in the U.S. housing market. Mr. Zakaria attributed that disconnect to a “seismic shift in the global economy” that sees emerging market nations taking on growing significance in the world business scene. to natural catastrophes such as a flu pandemic. “Otherwise my fear is that the political system will continue to go awry and one day we will wake up and realize that our global economy did rest on a certain stability,” Mr. Zakaria said. IF First-half results bode well for year By Meg Fletcher P IN FOCUS: SPACE NEEDLE OPENED: 1962 as part of World’s Fair HEIGHT: 605 feet NUMBER OF STEPS TO OBSERVATION DECK: 848 TRAVEL TIME BY ELEVATOR: 43 seconds MAX. WIND TOWER CAN WITHSTAND: 200 mph ANNUAL VISITORS: More than 1 million Source: Space Needle Corp. roperty/casualty insurers’ financial returns in the firsthalf of 2006 are prompting predictions of a bright year-end, but only if insurers can manage cyclical swings in premium growth, underwriting performance and, ultimately, profits, observers say. In this year’s first six months, the industry reported an annualized statutory rate of return on average surplus of 13%, according to results released by the Property Casualty Insurers Assn. of America in Des Plaines, Ill., and the Insurance Services Office Inc. in Jersey City, N.J. Such profits would lead to insurers’ “best financial performance in nearly 20 years,” Robert P. Hartwig, executive vp and chief economist for the New York-based Insurance Information Institute, said in a statement. The industry’s underlying underwriting results “were superb,” with a first-half combined ratio of just 92% and “the best results since ISO began recording quarterly figures in 1986,” Mr. Hartwig said. Insurers’ underwriting results for first-half 2006 “were very solid,” Genio Staranczak, PCI’s chief economist said in a statement. Compared with the same period last year, however, there was a $2.9 billion—or 9.3%—decrease in net income and a $12.3 billion—or 20%—rise in federal taxes, Mr. Hartwig said. The “major disappointment of the quarter and the principal reason for the decline in first-half profitability was deterioration in investment performance resulting in a 9.3% drop in total investment gain,” he said. IF TUESDAY, NOVEMBER 7, 2006 3 IndustryFocus threequestions THE SIGHTS Past and present meet in lively area Bryon Ehrhart Aon Re Services Inc. By Rodd Zolkos T he city’s original downtown, Pioneer Square, covers an area of about 20 blocks between Seattle’s downtown and its new stadiums. Most of the century-old buildings in the area have their roots in Seattle’s history as the principal staging area for those heading to the Yukon during the Alaskan Gold Rush. Today the area is said to boast the country’s largest concentration of Victorian-Romanesque architecture. In the evenings the area is one of the city’s prime entertainment districts with its various taverns and dining spots. In the heart of Pioneer Square in Occidental Park, the area’s history can be traced through the “Heritage Panels” that are part of a historic glass pergola. Popular with many visitors, the area’s Underground Tour visits sunken storefronts that were at ground level in Pioneer Square before Seattle’s Great Fire of 1889. Following the fire, city officials chose to raise the street level, leaving the storefronts of many buildings with their front doors in the basement. DAILY CONFERENCE NEWS 2006 PCI ANNUAL MEETING Just as important as the formal program at the annual conference of the Property Casualty Insurers Assn. of America are the discussions of reinsurance programs that go on during the conference among insurers, intermediaries and reinsurers. With that in mind, Bryon Ehrhart, president and chief executive officer of Chicago-based Aon Re Services Inc., took some time recently to discuss some of the key issues facing the reinsurance markets as Jan. 1 renewals approach. Could you provide an overview of the current reinsurance market? Are there any particular trouble spots in capacity or pricing? I think that you’re hearing a call by reinsurers at Monte Carlo, Baden Baden and Greenbrier for renewal rates that will be brought up to the level of July 1. Our point of view is, that is very unlikely to happen. I think that some of the early talk of 1/1 renewals getting to the same point as 7/1 is unlikely to happen, partly because of the capacity you have at 1/1 but also because much of the business that renews at 1/1 is a different type of business than renews at 7/1. Capacity is up just from profits alone 20% to 25%. Plus, there will be some $3 billion to $6 billion of new sidecar money that will be there. And we’ll see one if not two new vehicles that will be there that are not sidecars. For buyers, that is obviously very good news. We think for PCI attendees, what this means is the return of a functioning reinsurance market. Obviously this is all contingent on nothing happening before Dec. 31. Going into Jan. 1 renewals, there’s no clear indication of how the TRIA situation will be resolved beyond the current extension’s Dec. 31, 2007, sunset, or whether a permanent program will be enacted. What impact is that uncertainty having on ceding companies? I think that realistically most people are counting on no renewal. I’m not saying that’s what they wish for—I’m saying that’s what they’re counting on. I think the conventional wisdom is that last year if we had not had Katrina, we would not have had renewal. So I think clients—insurers—are focusing on how they’re going to underwrite business without TRIA, and I think what that means is that things are going to be more restrictive for buyers. You’re going to see sublimits if there’s any coverage. You’re not going to see the full limits of the policy exposed to terrorism in any area where anyone thinks there is a major risk of terrorism. Looking forward, are there any emerging areas of concern or potential trouble spots you see in the year ahead? T he fear I have is that you have many people avoiding the coast at the moment and driving their business inland or into casualty lines. And so some of the softness you might be seeing in some of those areas or lines as a result of that avoidance may be below what the fundamentals would tell you should be the pricing for some of those lines. IF Columnists spar over election outcome By Meg Fletcher Pioneer Square Facts ■ When it was completed in 1914, Smith Tower was the tallest building west of the Mississippi. ■ The Triangle Hotel was said to be the smallest hotel on the West Coast when it opened in 1909 with just eight rooms. ■ Pioneer Square is roughly bound- ed by Yesler Way on the north and South King on the south, and 4th Avenue South on the east and Alaskan Way on the west. 4 TUESDAY, NOVEMBER 7, 2006 SEATTLE—-Meeting attendees enjoyed words of wit and wisdom from opposite ends of the ideological spectrum Monday as columnists Robert Novak and Margaret Carlson squared off in a Mr. Novak Ms. Carlson debate about the elections. Ms. Carlson, who said she registered as an independent at the will vote Democratic because they request of her employer, Time Mag- are frustrated about the situation in azine, said she believes the votes of Iraq. Mr. Novak, however, dismissed independents will determine which criticism of the administration’s party makes greater gains in today’s approach in Iraq, noting that “all elections. Many such voters, she said, wars you don’t win are unpopular.” The Democrats are nationalizing the election and may gain control of the House of Representatives, but they won’t get a large margin, he said. The roomful of attendees expressed their disapproval of negative political ads, in response to a question by moderator Joe Annotti, PCI’s senior vp-public affairs. Mr. Novak, however, described the ads’ critics as “naïve,” saying that such ads are traditional and are less damaging than the pistol duels of the past. IF Don’t settle for a broker. Seek an advocate. In today’s reinsurance market, anything less than a genuine alter ego, a passionate defender of your interests, isn’t nearly good enough. Not in our opinion. At Benfield, client advocacy is the life and breath of our business, the driving force behind every step we take. Our commitment to excellence demands nothing less. Neither should you. TM Benfield. Unquestionably in your corner. www.benfieldgroup.com IndustryFocus INDUSTRY NEWS continued from page 1 alleged involvement in a conspiracy to rig bids, and its alleged improper use of finite reinsurance products, the insurer said. St. Paul Travelers did not elaborate in the SEC document about what corporate governance measures it would adopt, and a spokeswoman declined to comment further. In August, the insurer agreed to pay $77 million to settle similar charges of improper business practices from attorneys general in Connecticut, Illinois and New York. P/C rates down 9%, MarketScout finds Property/casualty insurance rates dropped by an average of 9% in October compared with levels of a year earlier, according to Dallas-based insurance exchange MarketScout. The largest drops were experienced in general liability (9%) and workers compensation (9%), but even commercial property dropped 2%. In general, larger accounts experienced greater proportional decreases than smaller ones. “As predicted, the absence of hurricane activity has extended the soft market,” Richard Kerr, chief executive officer of MarketScout, said in a commentary on the findings. Industry Focus PCI coverage available online Business Insurance’s Industry Focus is offering electronic versions of its daily conference news from the Property Casualty Insurers Assn. of America’s annual meeting in Seattle. To share conference news with colleagues, or to revisit information after the PCI meeting, visit www.IndustryFocus.com. The coverage, published Nov. 6-8, includes IF’s PCI conference daily in PDF form. 6 TUESDAY, NOVEMBER 7, 2006 DAILY CONFERENCE NEWS 2006 PCI ANNUAL MEETING James Continued from page 1 the 94.9% combined ratio recorded in 1955,” Mr. James said. “But if you look at long-term industry performance, it’s not pretty,” he said. The industry has achieved an underwriting profit in only three years—1977, 1978 and 2004—over the last three decades. The early warning signs of the challenges ahead are there—weak premium growth, decreasing rates in most noncatastrophe areas and rising policyholder surplus. “It all adds up to a picture of stagnant demand and over-supply,” he said. If that’s not bad enough, it is coupled with external factors including a slowing U.S. economy, rising claims costs and regulatory intervention, which is preventing insurers from charging risk-based rates, especially in disaster-prone areas. If the industry is to build on the progress it has made, according to Mr. James, companies must adhere to four “basic rules of business:” ■ Don’t write for market share; ■ Focus relentlessly on delivering a gross underwriting profit; ■ Recognize that terms and conditions are just as important as price; ■ Stick to the business you know and understand how to price. The insurance industry also must respond to the reputational challenge caused by “a growing vilification of insurers” by challenging “the popular notion that profit is a dirty word,” Mr. James said. “Quite simply, we must do a better job of explaining to policyholders, regulators and other key stakeholders how a solvent global insurance industry underpins the U.S. and world economy,” he said. Insurers also must respond to the behavioral challenge posed by glob- ‘IF YOU LOOK at longterm industry performance, it’s not pretty.’ JULIAN JAMES LLOYD’S OF LONDON alization. Protectionist laws must be eliminated, Mr. James said, especially in U.S. reinsurance regulation. As he did in 2002, Mr. James concluded his remarks by saying, “Our thinking and behavior must change if the insurance industry is to be a stable, secure industry for our policyholders and shareholders of the future.” IF Priorities Continued from page 1 eral government affairs. If the Democrats take over the House, Rep. Barney Frank, DMass., will likely lead the House Financial Services Committee, Mr. McKay said. While Rep. Frank has said he plans to continue the bipartisan efforts of the former committee chairman, he sees housing issues as a priority, Mr. McKay said. Mr. McKay said continuing the federal terrorism backstop— set to expire Dec. 31, 2007— would likely be addressed early and pushed by Rep. Frank and fellow committee member Rep. Paul E. Kanjorski, D-Pa. In a Democratic majority, Rep. John Conyers Jr., D-Mich., would likely assume chairmanship of the House Judiciary Committee, and he may raise discussion of the McCarran-Ferguson Act, Mr. McKay said. A Democratic majority would probably mean new language from Rep. Kanjorski for some elements of the proposed State Modernization and Regulatory Transparency Act regulatory reform bill. A bill to modernize surplus lines and the reinsurance regulatory system will probably not be affected, although discussion will continue about the appropriateness of an optional federal charter for insurance, Mr. McKay said. IF Business Insurance BY THE NUMBERS ® More companies face class actions Publisher One third of the survey participants have at least one class action pending, compared with the 2005 survey, in which just 18% reported any class actions within the previous three years. Industries with the highest percentage of United States class actions 69% INSURANCE 65% 51% 43% RETAIL/WHOLESALE MANUFACTURING BANKING/FINANCIAL SERVICES MARTIN J. ROSS III Editorial Director - Industry Focus PAUL D. WINSTON Editor - Industry Focus RODD ZOLKOS Editor - Business Insurance REGIS COCCIA News Editor MATT SCROGGINS Senior Editor Types of class actions MEG FLETCHER 38% LABOR/EMPLOYMENT 28% 23% SECURITIES LITIGATION/ENFORCEMENT CONTRACTS 20% ENVIRONMENTAL/TOXIC TORT 20% ANTITRUST/TRADE Source: Fulbright & Jaworski L.L.P. Senior Editor JUDY GREENWALD Deputy Graphics Editor WILLIAM MURPHY Photographer MICHAEL MARCOTTE Capital Ideas from KeyBanc Capital Markets Our team of professionals delivers a comprehensive array of corporate and investment banking solutions to the insurance sector. We leverage industry expertise and capital resources to bring insurance and reinsurance companies innovative ideas in the following areas: • Debt and Equity Capital Markets • M&A Advisory Services • Research Expertise • Sales & Trading • Loans and Syndicated Finance • Portfolio Management • Interest Rate Risk Management • Foreign Exchange To learn more, please contact Scott Brewer, Managing Director, Financial Services Group at 1-800-523-7247 ext. 44036, or visit www.Key.com/kbcm. KeyBanc Capital Markets is a division of McDonald Investments Inc., member NYSE/NASD/SIPC, and a trade name under which corporate and investment banking services of KeyCorp and its subsidiaries, including McDonald Investments Inc. and KeyBank National Association, are marketed. It is not a legal entity. Securities products and services are offered by McDonald Investments Inc. and its licensed securities representatives, who may also be employees of KeyBank National Association. Banking products and services are offered by KeyBank National Association. TALENT EXPANDS POSSIBILITIES www.maxre.bm P R O P E R T Y & C A S U A LT Y At Max Re, we've recruited some extraordinary talent to drive our business. From offices in Bermuda and Ireland, we underwrite a wide range of Property and Casualty Reinsurance and Insurance transactions, as well as Life and Annuity Reinsurance. Expanding the possibilities with innovative risk control, focused expertise and new approaches to established convention. INSURANCE/REINSURANCE LIFE & ANNUITY A.M. Best’s A - (Excellent) Fitch A (Strong)
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