Making Sense of the NAIC Risk Oversight Landscape

Commentary April 18, 2023 at 04:08 AM
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From private equity-backed insurers rolling out increasingly aggressive strategies, to historic market unpredictability, the insurance investing marketplace has been one of the most interesting sectors to watch over the last several years.

Recently, the National Association of Insurance Commissioners added to the excitement, by announcing that it would pursue landmark capital charge rules — by basing on collateralized loan obligation (CLO) capital charges on a process managed by the NAIC, rather than on ratings from rating agencies.

The concern about CLOs is just one of the worries surrounding insures' exposure to investment risk.

This is set to be a year in which the NAIC and the RBC Working Group will roll out rule changes and oversight changes that will fundamentally reshape the insurance investing marketplace for years to come.

Life and annuity issuers have especially big investment portfolios,

With that in mind, here are a few priority areas that the advisor community should consider when trying to understand how the life insurers your clients work with are thinking about their own investments.

CLOs

A CLO is a structured finance security backed by what, in many cases, is a pool of syndicated, first lien bank loans, with smaller allocations of other types of loans and other investments thrown in.

Dealmakers carve a CLO deal into tranches, or CLO slices with different levels of risk. If the borrowers start to default, holders of CLOs in some tranches will get paid before the holders of the CLOs in the other tranches.

With strong historic performance, relatively wide spread yields and low default rates, CLOs have had strong appeal for insurance investors.

However, as demand for yield has continued to grow following three years of market upheaval, questions about risk exposure have begun to swirl. Some regulators fear that too much policyholder capital is being exposed to the investments.

This confluence of market factors has made tackling CLO risk a foremost priority for the NAIC and its Risk-Based Capital (RBC) Working Group.

The NAIC builds risk levels into insurers' capital totals by having an insurer apply a "charge," or reduction in the value of an asset, when the asset is included in the insurer's capital calculations.

Regulators may soon take a tougher approach to charges when insurers are putting CLO assets in capital calculations.

Private-Equity-Backed Insurers and the CLO Market

The capital charge rule changes should be seen as a shot across the bow for private-equity-backed insurers.

While traditional life insurers typically operate with a long time horizon, and invest life insurance premiums and annuity considerations in longer-term assets, PE-owned life insurers tend to be far more aggressive in their investing strategies.

For example, traditional life insurers invest mainly in corporate bonds and mortgage loans, whereas PE-backed insurers routinely put a much higher percentage of their cash in complex and riskier assets — such as privately issued structured securities — in an effort to produce higher returns for shareholders.

PE-backed insurers have increasingly been gravitating towards the riskiest CLO tranches.

By taking steps such as changing the capital charge rules for CLOs, the NAIC has sought to crack down on this trend, to protect policyholders and provide stability.

Time will tell exactly how PE-backed insurers will respond, but it is a distinct possibility that we will begin to see significant shifts that will reshape the "risky" CLO marketplace as PE-backed insurers recalibrate.

Asset-Backed and Principles-Based Bonds

Asset-back securities and principles-based bonds are also set to see significant shake-ups from the NAIC.

As of Dec. 31, 2023, the NAIC is set to raise the RBC factor for the residual tranches of all asset-backed securities.

In addition, it is highly likely that the NAIC will formally adopt new principles-based bond definition guidance by the end of this year.

These two changes will have far-reaching implications on the way that insurers' investment portfolios are scrutinized and the level of transparency that is expected from regulators and other financial statement users.

The principles-based bond definition initiative is not set to come into effect until January 2025.

However, the NAIC may change the criteria in such a way that, in some states, the assets that insurers can hold might change. That means the insurers that provide your clients life insurance policies and annuities should be reviewing their portfolios now.

How Insurers Are Responding

The NAIC is making the changes largely because of the rise of private equity-owned life insurers that have "innovative" ideas about investments.

But the new and proposed batches of NAIC guidance will apply to all insurance companies, regardless of whether the companies are PE-owned or not.

The insurers you work with should be reviewing their portfolios and putting more focus on their "know your investment," or KYI, processes.

Insurers may have to sell some securities and add to their capital reserves, to prepare for a possible increase in capital requirements


SSabrina Wilson. (Photo: Clearwater Analytics)abrina Wilson, CPA, FLMI, is a global regulatory policy specialist at Clearwater Analytics.

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