Question ID: 2635
Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Topic: Solvency Capital Requirement (SCR)
Article: 83(4), 209 to 215, 116(5)(6); 117(3)
Status: Final
Date of submission: 12 May 2023
Question
For non-life underwriting risks, contracts with annual aggregate limits (AAL) provide risk mitigation when the cumulated amount of losses in a given year, or the loss ratio in a given year, goes above a certain predefined level (say EUR 10m, or an 80% loss ratio). The most common contract of such type is the stop loss reinsurance. But you may also have quota share agreements with an annual loss ratio cap (inward reinsurance) or attachment point (outward reinsurance), or you may have (re)insurance contracts (inward) that provide for a maximum annual indemnity in combination with a maximum each and every loss indemnity.
This type of cover has an impact on losses that may arise within premium risk and catastrophe risk of the non-life underwriting risk module of the SCR standard formula, either as a limit on the maximum inward exposure underwritten by the company, or as a risk mitigation technique limiting the maximum net exposure of the company.
In case of non-life contracts that provide for an AAL on losses, may we apply that limit across the premium risk and the catastrophe risk calculation, and deduct the expected loss ratio that is already captured in the best estimate of premiums, to ensure that those expected losses are not double counted at the level of the SCR standard formula calculation?
In our view, the capital charge computed for the premium risk and the catastrophe risk should be capped to the potential maximum shock that may happen with a 99.5% confidence level over a one-year horizon on the net asset value.
Hence, with regard to calculating the mitigating effect of these contracts for the premium risk and the catastrophe risk, we believe that it should be allowed to compute the maximum possible deterioration of losses under these contracts as [Annual aggregate limit – Expected losses already deducted from best estimate of premiums], considering that:
- the SCR is measuring the maximum loss on the net asset value of the balance sheet with a 99.5% confidence level, over a one-year period.
- claims that have already occurred are reflected in the best estimate of claims (+risk margin) which are deducted from asset value to determine net asset value
- claims that are expected over the next 12 months are reflected in the best estimate of premiums as a deduction, so that only the expected profit over and above the expected losses is contributing to the net asset value
As an example, if expected loss ratio reflected in the best estimate of premiums is 75%, and a risk mitigation contract limits the net exposure of the company to a maximum possible loss ratio of 80% in the annual aggregate, then the maximum possible further deterioration of net losses to be considered in premium risk and in catastrophe risk, after cession to the reinsurer, should only be a 5% deterioration in loss ratio [= 80% AAL – 75% loss ratio already factored in the BE of premiums].
Likewise, if expected losses over the next 12 months deducted within the BE of premiums are EUR 4m, and the inward contract limits the exposure of the company to a maximum possible loss of EUR 10m in the annual aggregate, then the maximum possible further deterioration of losses to be considered in premium risk and in catastrophe risk should only be EUR 6m [= EUR 10m AAL – EUR 4m losses already factored in the BE of premiums].
Obviously the calculation does apply independently on the premium risk within the premium and reserve risk sub-module and on the catastrophe risk sub-module. Aggregation to SCR non-life then takes place as per standard formula.
Background of the question
Uncertainty when applying Level 2 articles on how to apply AAL contract limits properly in order to avoid double counting expected losses when computing SCR Non Life
EIOPA answer
Outwards reinsurance contracts, including non-proportional reinsurance contracts, should be taken into account in scenario-based calculations in the SCR standard formula, as specified in Article 83(4) of Commission Delegated Regulation (EU) 2015/35 (DR) – subject to the requirements set out in Articles 209 to 215 DR. Where the calculation is not scenario-based, allowance for non-proportional reinsurance is only possible where the specification of the standard formula explicitly allows for it.
As described in Article 116(5) and (6) DR, the premium and reserve risk sub-module is not scenario-based. Therefore, insurance and reinsurance undertakings should not consider the impact of outwards reinsurance contracts on the result of the calculation, for example by capping the result.
The premiums used in the calculation of the volume measure for premium risk should be net after deduction of premiums for outwards reinsurance contracts in accordance with Article 116(5) DR. That provision in particular requires that these reinsurance contracts comply with the requirements of Articles 209, 210, 211 and 213 DR. Thus, the outwards reinsurance premiums can reduce the volume measure for premium risk. Insurance and reinsurance undertakings can recognise the impact of non-proportional outwards reinsurance through the use of undertaking-specific parameters for the adjustment factor for non-proportional reinsurance referred to in Article 117(3) DR subject to the requirements set out in Section 12 DR.
The natural catastrophe risk sub-module is scenario-based and allows for the impact of outwards reinsurance contracts in the calculation of the capital requirements. Insurance and reinsurance undertakings should not reduce the loss estimated in the scenarios by expected premium payments.
Please also refer to the EIOPA Guidelines on outwards reinsurance, EIOPA-BoS-14/173.
Regarding inwards reinsurance contracts, in scenario-based calculations the insurance or reinsurance undertaking should consider all relevant features of the contracts to calculate the capital requirement, including AAL. Conversely, formula-based risk sub-modules should be applied strictly following the calculation prescribed in the DR.