STATE OF CONNECTICUT

Transcription

1 STATE OF CONNECTICUT INSURANCE DEPARTMENT ORDER ADOPTING REPORT OF EXAMINATION I, Anne Melissa Dowling, Deputy Insurance Commissioner of the State of Connecticut, having fully considered and reviewed the Examination Report (the "Report") of American Nuclear Insurers ("the Company") as of November 30,2010, do hereby adopt the findings and recommendations contained therein based on the following findings and conclusions, TO WIT: 1. I, Anne Melissa Dowling, Deputy Insurance Commissioner of the State of Connecticut, and as such is charged with the duty of administering and enforcing the provisions of Title 38a of the Connecticut General Statutes ("CGS"). 2. The Company is a domestic insurer authorized to transact the business of insurance in the State of Connecticut. 3. On March 9, 2012, the verified Report of the Company was filed with the Connecticut Insurance Department (the "Department"). 4. In accordance with CGS 38a-14(e) (3), the Company was afforded a period of thirty (30) days within which to submit to the Connecticut Insurance Department a written submission or rebuttal with respect to any matters contained in the Report. 5. On March 12,2012, the Company notified the Department of certain responses and comments relating to matters contained in the Report. 6. Following review of the Report, it was deemed necessary and appropriate to modify the Report. A copy of the Report is attached hereto and incorporated herein as Exhibit A. P.O. Box 816 Hartford,CT06l42-08l6 An Equal OppOltunity Employer

2 NOW, THEREFORE, it is ordered as follows: 1. That the Report of the Company hereby is adopted as filed with the Department. 2. That the Company shall comply with all of the recommendations set forth in the Report, and that the failure of the Company to so comply shall result in sanctions or administrative action as provided by Title 38a of the COS. Dated at Hartford, Connecticut this 26th day of March, 2012 ling OnUTIlSSlOner

3 EXHIBIT A EXAMINATION REPORT OF AMERICAN NUCLEAR INSURERS AS OF NOVEMBER 30,2010 BY THE CONNECTICUT INSURANCE DEPARTMENT

4 TABLE OF CONTENTS Salutation Scope of Examination History Management and Control Insurance Coverage Territory and Plan ofoperation Reinsurance Infonnation Technology and Controls Accounts and Records Financial Statements: Assets Liabilities and Member Company Balances Combined Statements ofincome and Changes in Member Company Balances Reserve for Outstanding Losses Reserve for Outstanding Loss Adjustment Expenses Conclusion Signabure

5 March 9, 2012 The Honorable Thomas B. Leonardi Commissioner of Insurance State of Connecticut Insurance Department 153 Market Street Hartford, Connecticut Dear Commissioner Leonardi: In compliance with your instructions and pursuant to the requirements of Section 38a-677 of the General Statutes of the State of Connecticut (CGS), the undersigned has conducted a financial examination of the condition and affairs of AMERICAN NUCLEAR INSURERS (hereafter referred to as the Association or ANI), a voluntary, unincorporated association of insurers, organized under the laws of the State of Connecticut and having its statutory home office located at 95 Glastonbury Boulevard, Glastonbury, Connecticut. The report of such examination is submitted herewith. SCOPE OF EXAMINATION The previous examination of the Association was conducted as ofnovember 30,2005. The current examination which covers the subsequent five-year period was conducted at the Association's main administrative office. As a part of the examination planning procedures, the Financial Regulation Division of the Connecticut Insurance Department (the Department) reviewed the following documentation submitted by the Association: Audit reports completed by Deloitte & Touche, LLP (D&T), the Association's independent certified public accountants; Annual reports to member companies of the Association (Members); Financial statements filed with the Department; Statements ofactuarial Opinion (Opinion); and Board of Director (Board) meeting minutes from 2006 through the latest 2011 meeting. A review ofthe 2006 through 2010 independent audit reports and a comprehensive analysis of the Association's financial statements and other filings submitted to the Financial Analysis Unit ofthe Department indicated no material concerns with respect to financial condition or regulatory compliance issues.

6 Work papers prepared by D&T, in connection with its annual statutory audit, were reviewed and relied upon to the extent deemed appropriate. The review ofd&t's audit reports indicated no material concerns with respect to financial condition or regulatory compliance issues. The Department retained the services of RSM McGladrey, Inc. (McGladrey) to perform an actuarial review of the Association. The examination was conducted on a full scope, comprehensive basis in accordance with the procedures outlined in the National Association of Insurance Commissioners (NAIC) Financial Condition Examiners Handbook (the Handbook). The Handbook requires that we plan and perform the examination to evaluate the financial condition and identify prospective risks of the Association by obtaining information about the Association, including corporate governance, identifying inherent risks within the Association, and evaluating system controls and procedures used to mitigate those risks. An examination also includes assessing the principles used and significant estimates made by management, as well as evaluating the overall fmancial statement presentation, management compliance with the Statutory Accounting Principles, and the Annual Statement Instructions (Instructions). All accounts and activities of the Association were considered in accordance with the riskfocused examination process. Comments in this report are generally limited to exceptions noted or to items considered to be of a material nature. Failure of items in this report to add to totals or for totals to agree with captioned amounts is due to rounding. HISTORY During 1956, three nuclear energy insurance pools were formed to provide insurance protection to nuclear facilities. Nuclear Energy Property Insurance Association (NEPIA), a stock company pool, provided property coverage only. Nuclear Energy Liability Insurance Association (NELIA), a stock company pool, provided liability coverage only. A mutual company pool, Mutual Atomic Energy Reinsurance Pool (MAERP), provided both liability and property coverage. On December 1, 1974, the Nuclear Energy Liability - Property Insurance Association (NEL-PIA) was formed by the merger ofnepia and NELIA. Its purpose was to provide both property and liability insurance coverage to nuclear facilities and suppliers. In March 1978, NEL-PIA changed its name to American Nuclear Insurers. MANAGEMENT AND CONTROL The Constitution of the Association provides for a Board to govern the affairs and business of the Association and within the limits of the constitution, has full authority on behalf of the members 2

7 with respect to all affairs of the Association. The Board may consist of not less than nine and not more than twenty-one member companies. One-third of the Board members is elected each year by the members of the Association at the annual meeting and may hold office for terms of three years. At all times, at least two-thirds of the Board's members are required to be selected from among the twenty-one Association members having the largest combined participation in the pools. A regular meeting of the Association's members must be held annually in the first quarter of each year. Special meetings may be called in writing whenever requested by any ten members or members representing 10% or more ofparticipation in any pool established by the Association. Two-thirds of the participation represented at any meeting is required for the transaction of business. A quorum constitutes not less than 51 % of the participation of the members. Directors serving the Association at November 30, 2010, were as follows: Title and Principal Business Affiliation Paul J. O'Neill Gregory Schiffer Jack Finer David C. Ridge Thomas J. Kusmierczyk Alan C. Brown Gerald Fels James Hinchley James B. Ruden Richard Ruggiano Chairman of the Board Chief Underwriting Officer, ACE North America Property & Specialty Lines Vice Chairman of the Board Managing Director, Swiss Reinsurance Corporation Treasurer of the Board Vice President International, Everest Reinsurance Company Secretary of the Board Assistant Vice President Property and Casualty Underwriting, State Farm Mutual Automobile Insurance Company Vice President Property Underwriting Specialist, Munich Re America Consultant, Chubb Group of Insurance Companies Chairman, Commerce Insurance Company Vice President & Manager, Liberty Mutual Group Senior Vice President, AXIS Reinsurance Company Vice President, Chartis U.S. 3

8 AMERICAN NUCLEAR WSURERS Committees Pursuant to the Association's constitution, the business operations may be monitored through advisory committees appointed by the Board. Committees appointed by the Board included the Executive Committee, Audit Committee, Nominating Committee, Security Committee, Underwriting Committee and Casualty Claim Committee. Directors serving on the Executive Committee of the Board at November 30, 2010, were as follows: Executive Committee Paul J. 0 'Neill' Chairman Gregory Schiffer, Vice Chairman Jack Finer David C. Ridge Alan C. Brown Gerald Fels Thomas J. Kusmierczyk Officers At November 30,2010, the officers of the Association were as follows: Name George D. Turner Michael P. Cass Susan M. Botticello Ronald Sanacore Daniel A. Antion Marjorie 1. Berger Gary S. Uricchio Thomas J. Wolff Title President and Chief Executive Officer Vice President and General Counsel Vice President and Chief Financial Officer Senior Vice President, Engineering Vice President, Information Services Vice President, Liability Claims Vice President, Underwriting Vice President, Engineering WSURANCECOVERAGE The Association is insured on a $5 million forgery or alteration and securities, single loss limit of liability, financial institution bond issued by Hartford Fire Insurance Company. The Association maintains a single loss deductible of$loo,ooo on this coverage. The aggregate limit of liability provides fidelity coverage above the prescribed minimum set forth by the Handbook's schedule of suggested minimum amounts. In addition to fidelity bond insurance coverage, the Association maintains property, general liability, commercial automobile, workers' compensation, fiduciary liability, and commercial umbrella liability coverage. All of the policies are written through affiliates of the Hartford Insurance Group, with the exception of the fiduciary liability insurance which is written by St. Paul Mercury Insurance Company, an affiliate of the Travelers Insurance Group. 4

9 TERRITORY AND PLAN OF OPERATION Licensing and Plan of Operations The Association's constitution defines it as an agency through which the members may provide nuclear energy liability and property insurance protection (other than workers' compensation insurance) against hazards arising out of or pertaining to nuclear installations (other than nuclear explosive devices), radioactive isotope exposure and transportation of nuclear material between nuclear installations, operations or facilities located in the United States of America, its territories or possessions and Puerto Rico, or risks located elsewhere which are subject to the domestic financial protection requirements of the Atomic Energy Law of Authority is also granted to the Association to cede or accept reinsurance of the same kind, to the same extent and on the same basis as direct insurance may be written by the members in accordance with the Association's constitution. Policies written for commercial nuclear power reactors represent the majority of the Association's premium income. ANI is a joint underwriting association that acts on behalf of its member companies. The Association has 21 member companies which include many of the largest insurance companies in the United States. The capacity to write this insurance is provided by members and is reinsured by alien nuclear pools, Nuclear Energy Insurance Limited (NEIL), and various reinsurers. Members do not necessarily participate in all pools and may have varying participation shares from year to year. The member companies and their participation in the Association are as follows: 2010 Domestic Member Company Participation ACE American Insurance Company 4.763% American Commerce Insurance Company 4.128% AXIS Reinsurance Company 5.716% Commerce Insurance Company 3.811% Employers Mutual Casualty Company 1.270% Essex Insurance Company 0.635% Everest Reinsurance Company 9.527% Farmers Insurance Exchange 3.176% Federal Insurance Company % Liberty Mutual Insurance Company 6.351% Munich Reinsurance America, Inc % National Indemnity Company (Berkshire Hathaway) % National Union Fire Insurance Company of Pittsburgh, PA (AIG) 3.493% New York Marine and General Insurance Company 0.635% Ohio Farmers Insurance Company 0.184% SCOR Reinsurance 1.270% State Farm Mutual Auto Insurance Company % Swiss Reinsurance America Corporation % Transatlantic Reinsurance Company 1.270% United Fire & Casualty Company 1.429% 5

10 Zurich u.s. Total 3.652% % ANI is comprised of Domestic and Foreign Liability and Property Pools. In 2010, ANI formed a Builder's Risk Pool (on an assumed reinsurance basis), to provide reinsurance for the nuclear construction risk. Marketing and Agency System The Association does not solicit business on a direct basis. The Association's policies are issued exclusively through member companies that are licensed in the state in which the policy is issued. The business is then reinsured through the pool members. REINSURANCE Assumed Reinsurance The Association assumes nuclear property and liability insurance from both foreign nuclear pools and domestic pools. Reinsurance from foreign nuclear pools is assumed on a facultative basis except in Japan where third-party liability business is assumed under a quota share treaty. In addition, property reinsurance is assumed from the European Mutual Association for Nuclear Insurers (EMANI), under an excess of loss treaty program. In 2010, the Association had $152 million in foreign capacity to offer on a per risk basis. However, due to the surplus of world-wide capacity in the nuclear insurance market, the Association generally assumed a lesser amount of coverage for each facility. The Association also reinsures a significant portion of NEIL's nuclear property program, which provides property insurance for all operating power reactors in the Unites States. The Association assumes $100 million in liability as a 6.9% participant in a $1.45 billion excess of loss nuclear property damage and decontamination liability risk from NEIL. NEIL maintains nearly all of the nuclear property insurance capacity in the United States. Ceded Reinsurance The Association maintains a quota share reinsurance treaty, whereby 46.9% of the Association's domestic nuclear liability risk is ceded to NEIL and various foreign reinsurance pools, associations, and syndicates. INFORMAnON TECHNOLOGY AND CONTROLS An evaluation of information technology (IT) controls consisted of a review of the Association's responses to the Handbook's IT Planning Questionnaire combined with limited additional testing in the areas of IT security, operations, and business continuity. The guidance and direction used to perform the review of the Company's IT general controls was derived from Exhibit C Part 1 Information Technology Planning Questionnaire (ITPQ) and Exhibit C Part 2 - Information Technology Work Program. 6

11 There were no material findings which affected the Department's overall reliance on the Association's IT controls. ACCOUNTS AND RECORDS The Association utilizes an internally developed general ledger system to process and maintain its financial accounting records. Several of the Association's application programs generate journal entries that systematically interface with the general ledger system, while the remaining journal entries are manually prepared and entered. General ledger account balances were reconciled and traced to appropriate asset, liability, and income statement lines on the annual statements. Adjusting entries are posted on a monthly basis. Detailed information is maintained, and reports are generated by individual member and reinsurer, by syndicate year. FINANCIAL STATEMENTS The following statements reflect the assets, liabilities and member company balances, and statement of income and changes in member company balances of the Association as of November 30, 2010, as reported by the Association and as determined by the examination: ASSETS Investments $677,250,970 Cash and short-term investments 9,903,993 Premiums receivable 6,448,330 Interest due and accrued 6,262,333 Reinsurance recoverable 40,415 Receivable for securities sold 578,705 Other assets 140,647 Total admitted assets $700,625,393 7

12 LIABILITIES AND MEMBER COMPANY BALANCES Reserve for outstanding losses Reserve for outstanding loss adjustment expenses $47,312,521 33,727,072 Total reserves for outstanding losses and loss adjustment expenses 81,039,593 Funds held by ANI under reinsurance treaties 125,997,879 Unearned premiums 16,898,416 Reserve for retrospective returns - members 172,149,028 Funds withheld from reinsurers for reserve for retrospective returns 247,037,758 Reinsurance balances payable 23,690,362 Commissions and taxes payable 2,147,869 Pension liability 7,114,738 Other accrued liabilities 4,312,060 Total liabilities 680,387,703 Member company balances 20,237,690 Total liabilities and member company balances $700,625,393 STATEMENT OF INCOME AND CHANGES IN MEMBER CaMPANY BALANCES Underwriting operations: Revenues: Premiums earned Change in reserve for retrospective returns - members $59,809,839 (14,453,902) Total revenues 45,355,937 Expenses: Incurred losses and loss adjustment expenses 12,920,804 Commissions 2,479,044 Taxes 1,224,979 Administrative expenses 4,801,751 Foreign exchange gains (98,640) Total expenses 21,327,938 Net underwriting income 24,027,999 Investment operations: Net investment income Net realized capital gains/(losses) 13,780, ,259 Total investment income 14,652,530 Net income 38,680,529 Remittances to member companies (31,859,707) Change in nonadmitted assets (457,364) Change in minimum pension liability (516,256) Change in unrealized foreign exchange 87,340 Member company balances, beginning of year 14,303,148 Member company balances, end of year $20,237,690 8

13 RESERVE FOR OUTSTANDING LOSSES $47,312,521 RESERVE FOR OUTSTANDING LOSS ADJUSTMENT EXPENSES $33,727,072 An evaluation of the Association's reserve for loss and loss adjustment expenses was conducted by McGladrey to determine whether the liability for loss reserves provides for a reasonable provision for loss and loss expense obligations and was established in accordance with accepted loss reserving standards and principles. In performing its analysis, McGladrey reviewed the 2010 Opinion prepared by D&T, the Association's appointed actuary, and provided an evaluation and comparison to the previous examination's Opinion. Based upon the risk-based assessment and review, no material fmdings were noted which affected the Company's ability to manage its reserving, pricing and underwriting, or liquidity risk. CONCLUSION The results ofthis examination disclosed that as ofnovember 30,2010, the Association had: Net Admitted Assets $700,625,393 Total Liabilities $680,387,703 Member Company Balances 20,237,690 Total Liabilities and Member Company Balances $700,625,393 During the period under examination, net admitted assets increased $199,488,534, liabilities increased $191,164,960, and member company balances increased $8,323,574. It was determined that the Association's assets were fairly stated in accordance with the guidance outlined in the Manual and were acceptable under Section 38a-1 02 of the CGS. The liabilities were adequate to cover the Association's obligations to policyholders. 9

14 SIGNATURES In addition to the undersigned, Cecilia Arnold, AFE, Ron Jankoski, CFE, Grace Jiang, CFE, Richard Marcks, FCAS, MAAA, Mark Murphy, CFE, and Ken Roulier, AFE, CISA, AES, of the Department and McGladrey participated in this examination. I, Kevin Beaudoin, CFE, solenmly swear that the foregoing report on examination is hereby represented to be a full and true statement of the condition and affairs of the subject insurer as of November 30,2010, to the best of my information, knowledge and belief. Respectfully submitted, K~~~ Kevin Beaudoin, CFE Exarniner-In-Charge State of Connecticut Insurance Department State of Connecticut ss. Hartford County ofhartford Subscribed and sworn to before me, PCc + ;:( Ge'C" b u+1 'f,- Notary Public on this 9~ day of CV\cx.ce h,, P C0-0-LLc~ C ~:JJ0,. N6tary Public My Commission Expires :2e,o:te",,,,,kJep 3 0 ).)