mix Flashcards
reasons for caps on non-pecuniary damages (Trilogy Ruling)
CAPS
- keep Cost low, avail & afford
- Awards are limitless
- Predictability of awards
- Social burden
identify exceptions to Trilogy decision (caps removed)
- sexual abuse
- defamation
- negligence causing financial loss
because no evidence that these exceptional cases would increase cost of insurance or social burden
define J&S liability
plaintiff may recover any or all damages from any or all defendants regardless of share of liability
proposed reform of J&S
FREe
- Fund
- Replace with proportional liability
- Eliminate J&S from non pecuniary damages
advan & disadv of J&S reform
adv: discourages search for deep pockets and decreases costs
disadv: there is a cost to determining proportionate liability, parties would tend to argue for lower percentage
federal areas of exclusive authority
RBC BAT
- Regulation of trade and commerce
- Banking
- Criminal Law
- Bankruptcy and insolvency
- Aliens & Naturalization
- Taxation
areas and matters under provincial insurance legislation and regulation
contract matters: policy contents/ terms/ prem payment
transaction matters: AUC: agent licensing, unfair practices, claims handling
define materiality
an omission/under/over statement is material
if the actuary expects it to materially affect the user’s decision making or reasonable expectations
chars of an insurance company that may affect materiality
F-STARS
financial strength
size of entity
type of business
access to capital
net retention
stage of organization life cycle
FARM and RSP operational difference regarding rates
FARM- set by FA
RSP - uses rate of ceding company
objectives of peer review
AAR
Assist OSFI in assessing insurer safety and soundness
Assist AA on independent advice and professional development
Raise confidence in AA
required management action if capital available falls below internal capital target
if this happens or is expected within 2 years, notify OSFI and submit a plan to restore capital to internal target level reasonably quickly
purpose of stress testing
CCRL
- complement to other risk management tools
- capital management support
- Risk identify and control
- liquidation improve
considerations in adjusting an insurer’s rating based on its stressed BCAR score
FFHR
financial flexibility
frequency of severe exposure
historical volatility
risk management
arguments in support of using credit scores
statistically significant: high cs individuals have lower claim costs, removing cs will not change aggregate premium collected
has qualities of a good rating variable: easy to calculate, objective, verifiable
arguments against using credit scores
uhap
unfairly discriminatory
high cs insured often pay small claims out of pocket so their true costs may be understated
accuracy
privacy concerns
subsequent event definition
an event
of which an actuary first becomes aware
after the calculation date
but before report date
criteria a government insurance should satisfy
- is it welfare or insurance
- is it efficient
- is it necessary
why do insurers maintain credit ratings with rating agencies?
- agents are wary of unrated insurers
- 3rd party rely on ratings for solvency assessment
- efficiency: agents uws and regulators dont have expertise to do their own rating
define compensatory basis in the context of income replacement
- refers to basis for compensating loss of income
- basis can be either prior net or gross income
- income replacement is a percentage of this basis
- current uses gross
- gross ignores taxes and work related expenses that donot occur when not working so potential of over compensating
can CFO be AA?
yes if
- audit committee writes to OSFI that duties of CFO&AA can be adequately and independently performed
- OSFI authorizes appointment
examples of federal regulation/legislation regarding insurer solvency
areas under federal insurance regulation
CAR PRICE
- Calculation of Assets and Reserves
- Protect phs
- Regular reporting
- Investments
- Conditions for Entering business
OSFI expectations regarding an AA
AA must be a Canadian profession with Canadian experience
Exp:
- 3 years of Canadian experience in the last 6 years, at least 1 year in valuation
- experience with CIA SOPs, insurance legislation and regulation
Professionalism
- must maintain professional designation requirements
- no adverse findings with CIA
List of peer review work
i AM AA DIE MAF
- Assumptions and Methods
- did AA use AAP
- did AA document
- Internal/external changes
- MCT/BAAT
- examine Adequacy
- FCT scenarios