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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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