Brazil: Latin America's Largest Insurance Market Slows With Global Economic Downturn, But Continues To Grow With Positive Signs For The Future

Last Updated: 28 January 2010
Article by M. Machua Millett

Brazil is by far the largest insurance market in Latin America, representing more than 40% of the gross written premiums in the region. Brazil also has the largest population in South America, the 10th largest economy in the world by GDP and a low insurance penetration rate. These factors indicate that, despite the relatively impressive size of the Brazilian insurance market, it still has tremendous growth potential, estimated by some to be the third best in the world behind China and India. Not surprisingly, therefore, although the growth of the insurance market has slowed in 2009 with the global economic crisis, industry growth is widely expected to break double digits in both 2008 and 2009.

Market Trends and Characteristics

Like the rest of Latin America, the Brazilian economy has struggled in the face of the global economic downturn. This overall stagnation has negatively impacted the Brazilian insurance market, reducing the predicted industry growth rate to 4.9% for 2009 from the average 13% growth experienced annually between 2003 and 2008. Nonetheless, the insurance industry has outperformed and is expected to continue to outperform GDP. The anticipated economic recovery, coupled with low insurance penetration and the development of the nation's reinsurance market, has sustained optimism about future growth.

In May 2009, Brazilian insurance regulator Susep released a report finding that total insurance premiums were 7.9% higher in 1Q09 than 1Q08. The report further maintained Susep's projection of 4.9% insurance premium growth in 2009, despite revising downward from 1.5% to -.5% its assumption about GDP growth for the year. Such growth in 2009 would result in total premiums in Brazil of approximately US$ 35.5 billion. The report's projections for premium growth in 2010 and 2011 were down only slightly, with Susep predicting 10.6% growth in 2010 and 10.4% in 2011. Such growth would result in total premiums of approximately US$ 39 billion in 2010 and US$ 43B in 2011.

In July 2009, Fitch released a report on the Brazilian insurance market that balanced bad news about the Brazilian economy with continued optimism as to the country's insurance industry. The report found that, despite an expectation of continued negative pressure from the struggling economy in the near-term, continued low insurance penetration rates (3.3% of GDP in 2008 and 3.5% for the first four months of 2009) combined with relative economic stability, a growing consumer class and the opening of the reinsurance market indicate that the insurance market has substantial potential for growth in the coming years.

The First 16 Months Since the Reinsurance Market Opening

As noted above, one of the reasons that industry observers remain positive about the future of the Brazilian insurance market is the recent opening of the country's reinsurance market to private and foreign competition. After many years of debate and an "impending" opening that had lasted some ten years, on April 19, 2008, Brazil's government-sponsored monopoly over the reinsurance market was brought to an end.

Since the opening of the Brazilian reinsurance market, more than 60 foreign reinsurers have obtained authorization to sell reinsurance for Brazilian risks as either local reinsurers (resseguradores locales) (reinsurers organized under Brazilian law as Brazilian corporations); admitted reinsurers (resseguradores admitidos) (reinsurers incorporated under the law of foreign jurisdictions that maintain a representative office in Brazil); and (3) occasional reinsurers (resseguradores eventuais) (reinsurers incorporated in foreign jurisdictions that do not have a representative office in Brazil, but are registered with Susep).

In the midst of the rush to gain a share of the Brazilian reinsurance market, however, a number of issues have emerged, among them: (1) what role will the former monopoly-holder, IRB-Brasil Re, take in the new market? (2) Will the Brazilian regulators continue to liberalize the reinsurance market or will barriers to truly open competition be maintained, erected and/or strengthened? (3) Is the Brazilian (re)insurance market sufficiently developed to support true competition among in excess of 60 reinsurers?

The Role of IRB-Brasil Re

Any possible misconception that IRB-Brasil Re, the partially-government owned, former monopoly holder over the Brazilian reinsurance industry, would simply cede its dominant market position to foreign reinsurers was dispelled in May 2009 when an IRB-Brasil Re spokesman proudly announced in a BN Americas interview that the regulatory change had caused less impact than expected and the company had retained 90% of its business since the market opening in April 2008. Indeed, the spokesman reportedly further stated that IRB-Brasil Re intended to maintain its position by leveraging its significant market advantage based upon its history and experience in the market and actively competing with recent foreign entrants to the market by improving customer service and developing new and tailored solutions.

IRB-Brasil Re has followed through on these promises, seeking to maintain its historical business and competing for new business in the country, largely successfully. The company has released several new products in the health area and indicated plans for other new products in the near future, including in growing commercial areas such as D&O, energy, mortgage lending and agriculture. Through its efforts, IRB-Re Brasil has been able to retain more than 80% of the nation's local reinsurance business, which totaled earned premiums of R$ 1.3 billion (approximately US$ 661 million) for the period January 2009 to April 2009. By comparison, foreign reinsurers with local affiliates together made up less than 15% of the local reinsurance market (Munich Re (8.8%), XL Re (4.1%) and Mapfre Re (.3%)).

It should be noted that IRB-Re Brasil's ability to maintain its dominant market share to date may have been aided in no small part by an advantage included in the liberalizing regulations, which now no longer exists. That is, although the market was technically opened in April 2008, IRB-Re Brasil was permitted to retrocede to any foreign reinsurer up through December 2008, while other market participants could only cede/retrocede to reinsurers authorized by the Brazilian regulator. Whether the elimination of this advantage has played a role in the 10% decrease in IRB-Re Brasil's market share between 2008 and the first four months of 2009 and will continue to play such a role remains to be seen.

Regulatory Liberalization/Regression

Although significantly liberalized by the new reinsurance statute and regulations, Brazil's reinsurance market is not yet entirely unfettered, instead having opted for an "orderly opening of the market" reflected in several significant limitations on the role of foreign reinsurers.

  1. "Right of First Refusal": Ceding companies must offer local reinsurers the right of first refusal on at least 60% of the premiums ceded until January 16, 2010 (and 40% for at least three years thereafter). This vetting requirement permits a ceding company to first obtain quotes from foreign reinsurers and then present a quote to local reinsurers, who will have either 5 days (facultative reinsurance) or 10 days (treaty reinsurance) to match such quote. The vetting requirement will be fulfilled when local reinsurers either accept 60% of the risk or when all local reinsurers have refused or partially refused to match the foreign reinsurer's quote.

    It is the sole responsibility of the local insurer, not the reinsurer, to comply with this vetting requirement. How this requirement can and will be enforced has been the source of considerable debate among commentators and market participants.
  1. Cession Limits: Cessions to occasional reinsurers by a Brazilian insurer may not exceed 10% of the insurer's total annual premiums ceded to reinsurers. Furthermore, no Brazilian insurer or local reinsurer may cede more than 50% of the risk it underwrites annually to admitted or occasional reinsurers. Compliance with this requirement is also the sole responsibility of the local insurer or reinsurer and has likewise caused significant debate as to its manageability and enforceability.

    On April 27, 2009, Susep made an interesting selective departure from this limitation, raising the cession limit to occasional foreign reinsurers to 25% for surety and petroleum risk business. Although the relevant resolution did not indicate the reason for the special treatment of the surety and petroleum risk lines or indicate whether or not any similar relaxation of the cession limit can be expected in any other lines, it was widely seen as an acknowledgement that the local market lacked sufficient reinsurance capacity in the areas of petroleum risk and surety.
  1. "Tax Haven" Restriction for Occasional Reinsurers: No foreign reinsurer may register as an occasional reinsurer if it is incorporated in a "tax haven," a term defined to mean any jurisdiction in which income tax is levied at less than 20% and/or where reinsurance companies are subject to excessively strict rules of confidentiality regarding their constitution and composition. This limitation clearly applies to companies domiciled in Bermuda and poses some concern for companies located in other jurisdictions that might be found to satisfy the definition of "tax haven," such as Delaware. Nevertheless, international companies may use companies organized in acceptable jurisdictions, so long as they meet the other requirements for registration as an occasional reinsurer, and then retrocede to companies based in Bermuda or other "tax havens."

    Although significant concerns have existed, and remain, that these and other regulatory impediments might be used to erect roadblocks to foreign participation in the otherwise opened Brazilian reinsurance market, little has occurred (other than perhaps the extension of IRB-Re Brasil's retrocession advantage through December 2008) to substantiate these concerns. Particularly in a troubled economy, however, this remains an appropriate area of attention for companies that have expended the resources necessary to enter the market.

Cooperative Arrangements Between Local and Foreign Companies

An interesting result of the limitations maintained by Susep over the liberalization of the Brazilian reinsurance market has been the establishment of cooperative agreements between local and foreign players in an attempt to work around such issues. For example, local Brazilian reinsurer JMalucelli Re and foreign admitted reinsurer Hannover Life Re announced in early 2009 that they had entered into a cooperation agreement to offer life and health reinsurance in the Brazilian market. The move had reciprocal benefits for the two companies: (1) Hannover Life Re can now, through the relationship, overcome certain of the market share limitations imposed by Brazilian regulations in the form of cession limits for foreign reinsurers and a "right of first refusal" in favor of local reinsurers; and (2) JMalucelli Re, which previously operated only in the area of guarantee reinsurance, will receive substantial know-how and technical support from Hannover Life Re in developing its life and health reinsurance business.

Likewise, Maritima, Brazil's tenth largest insurer and one of the few remaining large independent Brazilian insurers active in multiple lines, reportedly recently entered into an agreement with Japanese insurer Yasuda under which Yasuda would take a $200 million stake in Maritima. Maritima, which brought in R$1.1 billion (approximately US$ 480 million) in premiums in 2008 (an 18% increase over 2007), reportedly sought a partner in order to meet heightened minimum capital requirements imposed by Susep, to fund desired expansion that the company hopes will make it the fifth largest Brazilian reinsurer within the next five years and to benefit from the experience of a foreign company.

Remaining Questions

Foreign reinsurers continue to struggle with indefinite tax regulations in Brazil, with little regulatory guidance and conflicting advice from local lawyers on appropriate payment of taxes on reinsurance premiums under municipal and federal Brazilian law. Furthermore, although business prospects for foreign reinsurers willing to negotiate the discussed regulatory hurdles appear bright, it remains to be seen whether: (1) the Brazilian reinsurance market, even if it grows as predicted, is of a size sufficient to support the recent influx of foreign reinsurers; and (2) can enough qualified personnel be found in Brazil and/or brought in from abroad to properly staff branch and representative offices of foreign reinsurers? So long as these issues can be appropriately managed, however, Brazil appears to be an attractive (re)insurance market for years to come.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions