day 8: types of reinsurance contracts – facultative reinsurance

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Day 8: Types of Reinsurance Contracts – Facultative Reinsurance TARIQ AL-BASHA [email protected] – 00962 7 9767 7418

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Page 1: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Day 8: Types of Reinsurance

Contracts – Facultative

ReinsuranceTARIQ AL-BASHA

[email protected] – 00962 7 9767 7418

Page 2: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Index

Introduction to reinsurance contracts

About Tariq Al-Basha

Page 3: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction

Relations between direct insurance companies (cedants) and reinsurers areformalized in writing by means of a document called a reinsurance contract.

In general, the legal parameters that have to be taken into account in areinsurance contract are as follows:

Enacted laws, both public and private.

Court judgments

The contract itself as applicable law

Reinsurance custom and practice

Practice has shown that the provisions agreed in the contract and internationalcustom and usage in reinsurance transactions tend to have priority over thepossible applicable legislation and jurisprudence.

Page 4: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

In addition to the rules normally imposed by mercantile law (ability to contract,intention to create a legal relationship, etc.), reinsurance contracts must alsosatisfy the minimum conditions prevailing for any insurance contract:

1. Insurable interest: insurable and, in this case reinsurable, interest must exist and

commences when it is applicable for the direct insurer; in this way, the interest for the

reinsurer, and also its liability, commences from the time the direct insurer issues the

policy, and is limited by the amount and liability that it accepts under the contract.

2. Utmost good faith: as this is the principle upheld in the insurance profession, it has to be

one of the principles maintained by reinsurance. In this business, utmost good faith is

absolutely essential and must be very observed, since it is a relationship between

professionals of the same level, one of which, the reinsurer, on accepting a contract,

virtually hands the ceding company a blank check. The implicit trust can only be

achieved, in practice, through the cedant’s observance of this principle over time.

Page 5: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

This principle is manifested in various ways in the course of the reinsurance relationship:

Information: the cedant has to provide the reinsurer with complete and reliable informationon the circumstances of the business ceded. This information is especially valuable as thereinsurer will decide on its participation, rates to be applied and share to be written. Thereinsurer should be informed of increases in risk, those that the cedant decides to cover forcommercial reasons (covers granted as a favor) any deviations from the provisions of thecontract.

Another way in which the principle of good faith is manifested is when the cedantexcludes from its policies those risks which, although accepted, can be construed asinappropriate for the risks for which the contract was created; special risks, etc.

As regards general information on accepted business, the cedant must provide reliableinformation on claims estimates, outstanding losses reserves, reliable and clear statistics,etc.

Page 6: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

3. Indemnity: reinsurance contracts are contracts of indemnity. Contracts based ona purely speculative interest do not make sense.

4. Solidarity of interests (follow the fortunes): it is generally accepted that the

reinsurer’s and reinsured’s fortunes go hand in hand which means that, when a

circumstance arises that benefits one of the parties, it must also benefit the other. In

other words, the reinsurer and the reinsured must share equally any profits or claims

that arise. Although the principle of following the fortunes applies to all types of

reinsurance, in excess of loss contracts, situations can arise that favor just one of the

parties.

Page 7: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

This principle in invaluable when interpreting dubious cases that can often

arise in view of the need for flexibility in reinsurance contracts and it is

related to the principle of continuity commented on below.

5. Risk transfer: an actual transfer of risk must take place in the business reinsured (in

the case of proportional contracts), or an actual risk must be covered (in the case

of non-proportional contracts and facultative excess of loss reinsurance) between

the cedant and the reinsurer.

6. Principle of continuity: closely related to the principle of following the fortunes,

this principal enables the parties to stabilize the results obtained over time,

compensating the other for claims transferred or, alternatively, paying back part of

the profits obtained.

Page 8: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

By maintaining the reinsurance relationship over time, the reinsurer and the

cedant can participate in the results generated by the reinsurance

transactions

7. Arbitration: in the event of dispute between the cedant and the reinsurer, arising

from the interpretation of the reinsurance contract, instead of taking legal action

through the courts of justice, differences are usually resolved by arbitration, the

arbitrators being professionally recognized reinsurance experts.

8. Reinsurer’s solvency: since reinsurance cession transactions involve an

undertaking of future payment by the reinsurer, the reinsurer is required to have a

high level of solvency to cover the liabilities it accepts. A reinsurer’s insolvency is

very damaging for a cedant that is not released from its liabilities towards its

insureds.

Page 9: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

Obviously, a reinsurance contract, in the same way as an insurance policy, has to be set out in awritten document, signed by both parties, setting out the characteristics of the risk transfer:

Period of cover

Class of business reinsured

Territorial limits

Type of risk transfer (cession) and its characteristics

However, and as happens in any commercial transaction, there are many different ways ofestablishing this reinsurer/reinsured relationship.

One basic difference and, therefore, general classification is the one that lists the parties’contractual obligations depending on whether they are irregular and sporadic (facultativeplacements) or whether they are permanent and fully binding obligation for both the insurerand the reinsurer for whole groups of business, whether by insurance class or entire portfolios(obligatory treaties).

Obligatory reinsurance is also known as automatic reinsurance.

Page 10: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

Classification according to the reinsurer’s and the insurer’s “positions”

Reinsurer’s position

Has to accept the

risk

Free to accept the

risk

Insurer’s position

Obligation to cede

the risk

Obligatory (or

automatic)

reinsurance

Obligatory-

facultative

reinsurance

Free to cede the

risk or not

Facultative

obligatory

reinsurance

Facultative

reinsurance

Page 11: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

Introduction (cont.)

Classification of Reinsurance

Obligatory treaties

Proportional (based on sum insured or PML)

Quota Share treaties

Surplus treaties Other types

Non-Proportional (based on

amount of claims)

Per-risk XL Per-event XLExcess of Loss or

Stop Loss

Obligatory treaties

Facultative Proportional

Facultative Non-Proportional

Classification by type

Page 12: Day 8: Types of Reinsurance Contracts – Facultative Reinsurance

About Tariq Al-

Basha• Promoting entrepreneurship and innovative SMEs

in MENA Market.

• Business & Financial Modelling Consultant atseveral consulting firms in the Middle East.

• Independent business planning & feasibilitystudies specialist.

• Business management graduate from theUniversity of Greenwich, London – UK.