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Understanding International Surety Placement We’re Not in Kansas A nymore Presented by Nate Zangerle and Nicholas Kim Liberty Mutual Surety. PRESENTERS’ BIOGRAPHIES - PowerPoint PPT PresentationTRANSCRIPT
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Understanding International Surety Placement We’re Not in Kansas Anymore
Presented byNate Zangerle and Nicholas KimLiberty Mutual Surety
April 8, 2014
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PRESENTERS’ BIOGRAPHIESNate Zangerle, Chief Underwriting Officer for International and National Accounts at Liberty Mutual Surety
responsible for business planning, organizational resources, and underwriting. His unit underwrites international reverse flow, foreign/foreign in the western hemisphere, U.S. publicly traded construction and homebuilding accounts. He joined Liberty Mutual Surety in 1998 as a Senior Underwriter. In 2009 and subsequent to the Safeco acquisition, he became the Midwest Regional Underwriting Officer for Core Contract prior to heading the newly created International and National Accounts unit in the fall of 2010. Mr. Zangerle maintains active memberships in the Associated General Contractors of America, Construction Financial Management Association, National Association of Surety Bond Producers and Surety & Fidelity Association of America.
Nicholas Kim, Underwriting Officer for International and National Accounts at Liberty Mutual Surety with responsibility for underwriting and managing surety programs for International Reverse Flow and U.S. Publicly Traded Construction and Homebuilding accounts. This responsibility extends to Latin America, where he is the underwriting point of contact responsible for the placement of foreign bonds for Liberty Mutual Surety accounts. Mr. Kim has over 7 years of international and domestic surety underwriting experience from Liberty Mutual and Zurich Surety. He has expertise on Latin America surety underwriting and fluency in Spanish, Korean, and English. He is located in LMS’s New York City office and is managing International and National accounts in 5 different field offices with surety programs ranging from $250 million to $1 billion.
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Main Topics• Overview of the global surety market• Types of bonds• Underwriting considerations• Mechanics of foreign placement• Setting expectations• Q&A
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Global Surety Market Overview
• USA/Canada: $5.5 billion • Mexico: $480 million• Latin America: $1.7 billion• Europe: $1.8 billion• Asia - Pacific: $1.3 billion• ROW: $50 million
Source: SFAA, SAC, PASA, Axco
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Types of Bonds• Performance• Advance Payment• Warranty• Salaries• Court • Customs
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Possible Scenarios
1. US based client working in Mexico for a public obligee2. US based client working in Mexico for a private obligee3. US based client working in Mexico for a US
obligee
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US Surety’s Experience and Pre-requisites
• Have you worked in this country before?• Do you carry the appropriate licenses? (Direct
writer vs. reinsurer)• Do you have underwriters who can speak the
language?• Are you comfortable with the risk?
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Contractor Capacity/Experience
Steep and expensive learning curve…• Experience abroad• Experience in the territory in question• Do they understand the licensing and taxes?• Ability to adapt• Exit strategy / repatriation of funds• Balance sheet size to absorb loss• Experience working with obligee
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Political Risk / Macroeconomics
• Political stability• Economic stability• Country credit ratings• Regulatory and legal framework
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Owner/Beneficiary
• Public vs. private• Reputation• Payment terms• Source of funds
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Project Specific Underwriting
Considerations• Scope of work? • Size of work?• Contract language?• Local joint venture partner?• Labor and sourcing of subs, equipment and
suppliers?• Geotechnical conditions?• Onerous Bond forms?• Dispute resolution?April 8, 2014
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Bond Forms• U.S. bond forms and standards don’t apply• On-default (conditional)• On-demand (or on-first-demand)
– Conditioned upon default– Unconditional (mirrors Letter of Credit)
• Example of On-default countries: Mexico, Panama, Colombia, Brazil, Argentina
• Example of On-demand countries: Ecuador, Chile, Peru, Australia, Bolivia
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Rates, Fees, and Taxes• All rates outside of the US are charged per
annum based on the bonded amount• Market rates vary from country to country• On-default vs. On-demand• Cannot assume that US rates will apply• Additional fees and taxes
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Bond Closing• Expiration date of the bond• Evidence of closing
– Return of bond– Letter from obligee– Other types of evidence
• The bond is not always null and void after project completion or bond expiration
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Admitted vs. Non-Admitted • Admitted - bond issued by a company licensed to
do business where the insured/risk is domiciled• Non-Admitted - bond issued in one country to
cover exposures in another where the insurer is not licensed or authorized– Stepped up enforcement by local regulators that view
those exposures as under their supervision– Brazil – penalty for an entity found placing non-
admitted insurance abroad is equal to the sum insured or reinsured
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Admitted Reinsurance • Two basic methods of reinsurance:
– Treaty Reinsurance - Reinsurer has a contract with ceding company that covers more than one insurance policy
– Facultative Reinsurance - Reinsurer and ceding company negotiate separately for each insurance policy reinsured
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Direct vs. Fronted• Various ways to issue foreign bonds –direct or
fronted (facultative basis)– Direct basis through local broker and local market
(no US involvement) – Direct basis through local broker and local fronting
partner or subsidiary (US involvement, but it may or may not need facultative reinsurance)
– Issued by local fronting partner or subsidiary and reinsured through US (direct, ceded and assumed)
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Issuing the Bond: Fronting• Assumed transactions• Local (fronting) company’s experience in the
local surety market• Local company’s experience in issuing bonds for
the particular obligee/beneficiary• Local company’s underwriting expertise (contract
and bond form review)• Local company’s claim handling capabilities• Surety company vs. reinsurerApril 8, 2014
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Premium Flow for 100% ReinsuredDirect Ceded Assumed Net
Written Premium
Local Fronting Partner or Subsidiary
$1,000 ($1,000) $0 $0
Assuming Reinsurer
$0 $0 $1,000 $1,000
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Premium Flow for 90% Reinsured
Direct Ceded Assumed Net Written Premium
Local Fronting Partner or Subsidiary
$1,000 ($900) $0 $100
Assuming Reinsurer
$0 $0 $900 $900
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Setting Expectations We are not in Kansas anymore…• Typically dealing with different language and culture• Bond forms may or may not be standard• Must adhere to local laws and regulatory framework• Rates are per annum charged against bond amount• Bond closing may be challenging • Foreign exchange considerations• Local fronting partner will control the claims process
with consultation/collaboration from reinsurer
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Understanding International Surety PlacementWe’re Not In Kansas Anymore
YOUR QUESTIONS?If you do not have the opportunity to have your question addressed during
the Seminar, you may contact the presenters directly
Nate ZangerleLiberty Mutual [email protected]
Nick KimLiberty Mutual [email protected]
April 8, 2014