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4.4 Legal risk - Scor

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(i)<br />

Default of pool members<br />

SCOR participates, for certain <strong>risk</strong> categories that are material (particularly terrorist <strong>risk</strong>s), in various groups of insurers and<br />

reinsurers (“pools”) aimed at pooling the relevant <strong>risk</strong>s among the members of each group. In the event of a total or partial<br />

default by one of the members of a group, it could be required to assume, in the event of joint liability of the members, all or<br />

part of the liabilities of the defaulting member. In such a case, its business, present and future revenues, net income, cash<br />

flows, financial position, and potentially, the price of its securities could be adversely impacted.<br />

In the context of its business, SCOR may be exposed to claims arising from the consequences of terrorist acts. These <strong>risk</strong>s,<br />

the potential significance of which can be illustrated by 11 September 2001 attack on the World Trade Center (“WTC”) in the<br />

U.S., can affect both individuals and property.<br />

Certain countries do not permit the exclusion of terrorist <strong>risk</strong>s from insurance policies. Due to these regulatory constraints,<br />

the Group has actively supported the creation of insurance and reinsurance pools involving insurance and reinsurance<br />

companies as well as public authorities in order to spread the <strong>risk</strong>s of terrorist activity among the members of these pools. It<br />

participates in pools created in certain countries, such as France (GAREAT), Germany (Extremus), the Netherlands (NHT)<br />

and Belgium (TRIP), which allows the Group to have limited and known commitments. In the U.S., the Terrorism Risk<br />

Insurance Act passed in November 2002 for a period of three years, which was extended to 31 December 2007 by the<br />

Terrorism Risk Insurance Extension Act, was renewed for seven years, until 31 December 2014 by the Terrorism Risk<br />

Insurance Program Reauthorization Act (“TRIPRA”). It established a federal assistance program to help insurance<br />

companies cover claims related to terrorist acts. TRIPRA requires that terrorist acts be covered by insurers. Despite<br />

TRIPRA, and the federal aid that it provides, the U.S. insurance market is still exposed to some significant <strong>risk</strong>s in this area.<br />

Therefore, SCOR monitors very closely its exposure to the U.S. market, primarily because of the insurance obligation<br />

created by the law. In addition to the commitments described above, SCOR does reinsure, from time to time, terrorist <strong>risk</strong>s,<br />

usually limiting, by event and by year of insurance the coverage that ceding companies receive for damage caused by<br />

terrorist acts.<br />

Beyond the potential impact on its Non-Life book, a terror event could also affect the Group’s Life portfolio. Although the<br />

insured losses from past events have been comparatively small in relation to the Non-Life losses, a future terrorist act, such<br />

as a “dirty bomb”, could claim a substantial amount of insured lives.<br />

After the attack of 11 September 2001, the Group adopted underwriting rules designed to exclude or limit its exposure to<br />

<strong>risk</strong>s related to terrorism in its reinsurance contracts, in particular in those countries and/or for the <strong>risk</strong>s expected to be most<br />

exposed to terrorism. However, it has not always been possible to implement these measures, particularly in its principal<br />

markets. For example, certain European countries do not permit the exclusion of terrorist <strong>risk</strong>s from insurance policies.<br />

As a result, future terrorist acts, whether in the U.S. or elsewhere, could cause SCOR significant claims payments, and<br />

could have a significant effect on its business, present and future revenues, net income, cash flows, financial position, and<br />

potentially, on the price of its securities.<br />

(j)<br />

Risk of accumulation of the above <strong>risk</strong>s<br />

The aforementioned <strong>risk</strong>s could accumulate in either a single counterparty, in the same sector of activity or the same<br />

country. SCOR attaches particular importance to the establishment of and respect of counterparty exposure limits. The<br />

annual examination of its exposure enables the Group to identify and quantify the <strong>risk</strong>s and, in case of accumulations,<br />

formulate appropriate responses.<br />

(k) Concentration<br />

The carrying amounts of the Group’s financial assets exposed to credit <strong>risk</strong> by counterparty credit quality, excluding<br />

consideration of collateral held or other credit enhancements is included in Note 6 - Insurance business investments (for<br />

fixed income securities) and Note 16 - Contract liabilities (for the share of retrocessionaires in insurance and financial<br />

liabilities).<br />

SCOR maintains its investment policy in high-quality assets and in countries with the lowest sovereign <strong>risk</strong>. SCOR has no<br />

assets linked to sovereign <strong>risk</strong> in Greece, Ireland, Portugal or Spain.<br />

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