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4.4 Legal risk - Scor

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available and the reserves are adjusted if necessary. Management considers many factors when establishing reserves,<br />

including:<br />

• information from ceding companies;<br />

• historical developments, such as reserve patterns, claims payments, number of claims to be paid and product mix;<br />

• internal methods to analyze the Group’s experience;<br />

• most recent legal interpretations concerning coverage and commitments;<br />

• economic conditions;<br />

• biometric developments such as mortality and morbidity; and<br />

• socio-economic factors such as policyholder behavior.<br />

Reinsurance reserves are presented gross excluding shares retroceded to SCOR’s reinsurers and measured on the level of<br />

individual reinsurance contracts or homogeneous segments of contracts. Retroceded reserves are estimated under the<br />

same methods and assumptions and presented as assets.<br />

(a) Non-Life business<br />

In determining the amount of its reserves, the Group generally uses actuarial techniques that take into account quantitative<br />

loss experience data, together with qualitative factors, where appropriate. The reserves are also adjusted to reflect the<br />

volume of business underwritten, reinsurance treaty terms and conditions, and diversity in claims processing that may<br />

potentially affect the Group’s commitment over time.<br />

However, it is difficult to accurately value the amount of reserves required, especially in view of changes in the legal<br />

environment, including civil liability law, which may impact the development of reserves. While this process is complicated<br />

and subjective for the ceding companies, the inherent uncertainties in these estimates are even greater for the reinsurer,<br />

primarily because of the longer time period between the date of an occurrence and the request for payment of the claim to<br />

the reinsurer, the diversity of contract development schemes, whether treaty or facultative, dependence on the ceding<br />

companies for information regarding claims, and differing reserve practices among ceding companies. In addition, trends<br />

that have affected development of liabilities in the past may not necessarily occur or affect liability development to the same<br />

degree in the future. Thus, actual losses and policy benefits may deviate, perhaps significantly, from estimates of reserves<br />

reflected in the Group’s consolidated financial statements.<br />

Claim reserves for losses and claims settlement expenses are recognized for payment obligations from reinsurance losses<br />

that have occurred but have not yet been settled. They are recognized for reserves for reinsurance losses reported before<br />

the reporting date and reserves for reinsurance losses that have already been incurred but not yet reported (IBNR), and are<br />

calculated on the basis of their ultimate cost, undiscounted, except for workers’ compensation claims which are discounted<br />

in the U.S.<br />

Unearned premium reserves are related to written premiums receivable but allocated to future <strong>risk</strong> periods.<br />

Share of retrocessionaires in insurance and investment contract liabilities are calculated according to the contractual<br />

conditions on the basis of the gross reserves. Allowances are established for any specific expected credit <strong>risk</strong>s.<br />

(b) Life business<br />

In Life business, policy linked liabilities include mathematical reserves, unearned premium reserves and claim reserves.<br />

Mathematical reserves are calculated underwriting reserves relating to guaranteed claims and benefits of ceding companies<br />

in life reinsurance. Mathematical reserves are estimated using actuarial methods on the basis of the present value of future<br />

payments to cedants less the present value of premium still payable by cedants. The calculation includes assumptions<br />

relating to mortality, disability, lapses and the expected future interest rates. Actuarial principles used allow an adequate<br />

safety margin for the <strong>risk</strong>s of change, error and random fluctuation. They correspond to those used in the premium<br />

calculation and are adjusted if the original safety margins are no longer considered sufficient.<br />

Claim reserves for losses and claims settlement expenses are recognized for payment obligations from reinsurance losses<br />

that have occurred but have not yet been settled. They are recognized for reserves for reinsurance losses reported before<br />

the reporting date and reserves for reinsurance losses that have already been incurred but not yet reported (IBNR).<br />

Unearned premium reserves are related to written premiums receivable but allocated to future <strong>risk</strong> periods.<br />

Shares of retrocessionaires in the insurance and investment liabilities are calculated according to the contractual conditions<br />

on the basis of the gross reserves. Allowances are established for estimated credit <strong>risk</strong>s.<br />

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