Canada: OSFI Shakes Up Earthquake Exposure Sound Practices

The Office of the Superintendent of Financial Institutions ("OSFI") is proposing changes to Guideline B-9 Earthquake Exposure Sound Practices (the "Guideline") that will impact property and casualty insurance companies in Canada effective January 1, 2014. The consultation period on the proposed revisions ended in 2012 and the revised Guideline is expected to be issued in the next few months.

OSFI has said that the complexities associated with managing earthquake exposures, combined with the potential severity of losses, the difficulty of mitigating the risk post-event, and the high public profile of a major earthquake require insurers to have comprehensive earthquake exposure risk management policies and procedures ("EPP") in place, along with an appropriate level of oversight. The draft Guideline (the "Draft Guideline"), issued on August 15, 2012, sets out OSFI's expectations for EPP applicable to insurers that write business materially exposed to earthquake-related losses. These EPP are expected to form part of an insurer's overall catastrophe risk management framework.

The revisions include refinements in the areas of measuring risk and capitalizing against earthquakes and also set out common parameters and other factors to be considered when calculating probable maximum loss ("PML"). This information, when compared to the level of financial resources available, will enable an insurer to assess its capacity and financial preparedness to handle claims that may arise from a major earthquake.

Key principles

OSFI has set out the following key principles to assist those insurers that write business materially exposed to earthquake-related losses in developing a "prudent approach" to managing earthquake risk:

  1. Boards of insurers should (i) review EPP as part of their annual review of overall risk management and (ii) along with senior management, rely on appropriate internal controls to monitor the effectiveness of and operational compliance with EPP on an ongoing basis.
  2. Insurers are asked to ensure that they have an adequate level of financial resources and appropriate contingency plans to successfully manage through a major earthquake. Specifically, EPP should quantify the willingness to take on insurance risk and outline how the financial resources cover gross PML. Insurers are asked to refer to OSFI's Guideline Minimum Capital Test for Federally Regulated Property and Casualty Companies in order to determine if they meet the regulatory test of financial preparedness for earthquakes.
  3. To counter the inherent uncertainty in earthquake models, insurers should consider using more than one model and should implement material updates to commercially available models in a timely manner. When models are not revised within a year of the release of a material update, an explanation must be provided. Models developed in-house are expected to be updated regularly and periodically tested and compared against other commercially available models.
  4. Earthquake PMLs have historically been based on the larger of the British Columbia or Quebec PMLs. OSFI says this approach understates the PML for insurers with significant exposures in both earthquake zones and ignores earthquake exposure elsewhere, thereby leading to a material impact on the exceeding probability curve. Earthquake PMLs are expected to be based on exceeding probability curves based on Canada wide exposure for foreign insurers or worldwide insurers.
  5. Earthquake exposure data should be subject to periodic (at least annual) review by individuals independent of those responsible for data collection and data quality, to ensure consistency, accuracy and completeness.

Regulatory reporting and administration

  • OSFI may use its discretionary authority, on a case-by-case basis, to increase the capital/asset requirements or target solvency ratios of insurers who fail to meet the principles set out in the Draft Guideline.
  • All insurers will be required to annually file an Earthquake Exposure Data form. Insurers without earthquake exposure are required to submit a letter stating the fact.
  • All insurers with earthquake exposure are required to maintain and provide their EPP and PML and supporting reinsurance program upon request. OSFI expects insurers' annual Dynamic Capital Adequacy Testing ("DCAT") to consider an earthquake event, and to document the rationale for exclusion if such an event is not included.
  • OSFI encourages insurers to implement the principles set out in the Draft Guideline as soon as practically possible, but expects that each insurer will comply by January 1, 2014.  The Draft Guideline is expected to be finalized in early 2013.

Commentary

  • From a practical perspective, the revisions will simply put the onus on individual companies and their boards to determine exactly how to implement the suggested and mandated changes.
  • It can be argued that OSFI is simply tackling the uncertainty surrounding earthquake exposure by requiring insurers to throw more money at the problem. The anticipated costs of meeting the new requirements and the possibility of higher capital requirements may induce insurers to withdraw their business from select markets.
  • Global insurers who may be reluctant to put money into building Canadian models may struggle with the question of how best to respond to the changes.
  • By failing to address the fact that reinsurance can be either event-based or region-based while capital requirements are Canada-wide, the revisions could lead to a situation where Canada-wide insurers withdraw business from select markets or seek to create structures (such as local provincial companies) to reduce reinsurance costs. Local provincial companies would be more at risk from an earthquake than a Canada-wide company is, at proportionally comparable capital levels and reinsurance treaty levels. This would be counterproductive to OSFI's goals of increased solvency and stronger policyholder protection.

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
Nilanka Maldeniya
Richard Da Costa
Miho Felicio
Gordon Goodman
 
In association with
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
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 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
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.