4.4 Legal risk - Scor
4.4 Legal risk - Scor
4.4 Legal risk - Scor
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(b) Receivables from retrocessionaires<br />
SCOR transfers part of its <strong>risk</strong>s to retrocessionaires via retrocession programs. The retrocessionaires then assume, in<br />
exchange for the payment of premiums by SCOR, the losses related to claims covered by the retrocession contracts. In the<br />
event of default of a retrocessionaire, SCOR would be liable to lose the coverage provided by its retrocessionaires whereas<br />
it would retain liability to the cedant for the payment of all claims covered under the reinsurance contract.<br />
Moreover, the Group is exposed to a credit <strong>risk</strong> in the event of a payment default by the retrocessionaires of the balance of<br />
the profit and loss retrocession account due in respect of its cession.<br />
The policy for the management of retrocessionaire credit <strong>risk</strong> is entrusted to the Security Committee who is responsible for<br />
analyzing the financial security of each retrocessionaire and defining the terms and conditions and limits of amounts ceded<br />
per retrocessionaire, per rating and per geographical area. The Security Committee meets regularly and pays particular<br />
attention to the retrocessionaires’ default <strong>risk</strong> in the treaty renewal period.<br />
Several actions taken by the Security Committee to quantify the <strong>risk</strong> are:<br />
• the analysis of the financial ratings of the retrocessionaires;<br />
• the analysis of external studies prepared by the security departments of the main reinsurance brokers; in this<br />
regard SCOR meets the security departments of two large reinsurance brokers at least twice a year to analyze the<br />
security of its retrocessionaires.<br />
Furthermore, to reduce the credit <strong>risk</strong> arising from its retrocessionaires, SCOR:<br />
• requests that certain of its retrocessionaires provide that all or a portion of the receivables from its retrocession<br />
contracts be guaranteed by collateral (cash deposits, letters of credit, pledging of securities etc.) in favor of SCOR;<br />
• carries out an active commutation policy in Non-Life.<br />
The Group’s retrocession department regularly monitors its exposure to retrocessionaires by taking into account all relevant<br />
accounting balances (estimated and actual claims, premiums, reserves and deposits, pledges and security deposits).<br />
SCOR seeks to reduce its dependence on its traditional retrocessions by using alternative <strong>risk</strong> transfer solutions such as the<br />
multi-year securitization of catastrophic <strong>risk</strong> in the form of ILS or mortality swaps or the issuance of contingent capital<br />
securities. The credit <strong>risk</strong> that SCOR may be exposed to, through these alternative <strong>risk</strong> transfer solutions, can be more<br />
limited than the credit <strong>risk</strong> related to traditional retrocession arrangements.<br />
The retrocessionaires’ part in the reserves split by retrocessionaires’ financial rating is included in Note 16 – Contract<br />
Liabilities.”<br />
In spite of the measures to control and reduce the <strong>risk</strong> of defaults of its retrocessionaires, the occurrence of one or more of<br />
such default could have a material adverse impact on SCOR’s business, its present and future premium income, its net<br />
income, its cash flows, its financial position, and potentially on the price of its securities.<br />
(c) Receivables and deposits with cedants<br />
There are three aspects of credit <strong>risk</strong> related to contracts with cedants.<br />
Firstly, SCOR may be exposed to credit <strong>risk</strong> in relation to amounts deposited with ceding companies in respect of reserves<br />
which cover its current and future liabilities. Depositing these amounts does not a priori discharge the Group of its liability<br />
towards cedants in case it is not able to recover these amounts in the event of default of cedants.<br />
Secondly, SCOR is exposed to a credit <strong>risk</strong> in the event of a payment default by the cedants of the balance of the profit and<br />
loss reinsurance account due under its acceptance of a portion of their <strong>risk</strong>s.<br />
Thirdly, SCOR is exposed to a credit <strong>risk</strong> in the event of a payment default by the cedants of the premiums due under its<br />
acceptance of a portion of their <strong>risk</strong>s. In cases where such an event does not lead to termination of the reinsurance contract,<br />
any offset between contractual obligations between the two parties is dependent on court decisions, and it is possible that<br />
the Group will remain liable for paying claims without being able to offset the unpaid premiums.<br />
Thus, the inability of its cedants to fulfill their financial obligations could affect SCOR’s current and future revenues, net<br />
income, cash flow, financial position, and potentially the price of its securities.<br />
Credit <strong>risk</strong>s related to contracts with cedants are mitigated through a quarterly examination of exposure and associated<br />
<strong>risk</strong>s. Depending on the financial situation of the principal cedants, actions aimed at reducing or limiting exposure or<br />
mitigating the <strong>risk</strong> through guarantees on deposits (for example, via offset clauses) may be carried out. Moreover, should<br />
their financial strength deteriorate between the time their financial commitment is made and the time it must be honored, an<br />
appropriate financial provision is established in the Group’s accounts corresponding to the liability for which a loss is<br />
considered probable.<br />
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