Attached files
file | filename |
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8-K - FORM 8-K - TALCOTT RESOLUTION LIFE INSURANCE CO | c07521e8vk.htm |
EX-23.1 - EXHIBIT 23.1 - TALCOTT RESOLUTION LIFE INSURANCE CO | c07521exv23w1.htm |
EX-99.3 - EXHIBIT 99.3 - TALCOTT RESOLUTION LIFE INSURANCE CO | c07521exv99w3.htm |
EX-99.1 - EXHIBIT 99.1 - TALCOTT RESOLUTION LIFE INSURANCE CO | c07521exv99w1.htm |
EXHIBIT 99.02
Item 7. MANAGEMENTS DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
(Dollar amounts in millions, unless otherwise stated)
(Dollar amounts in millions, unless otherwise stated)
Managements Discussion and Analysis of Financial Condition and Results of Operations (MD&A)
addresses the financial condition of Hartford Life Insurance Company and its subsidiaries
(Hartford Life Insurance Company or the Company) as of December 31, 2009, compared with
December 31, 2008, and its results of operations for each of the three years in the period ended
December 31, 2009. This discussion should be read in conjunction with the Consolidated Financial
Statements and related Notes beginning on page F-1. Certain reclassifications have been made to
prior year financial information to conform to the current year presentation.
INDEX
Consolidated Results of Operations |
2 | |||
Critical Accounting Estimates |
4 | |||
Investment Results |
12 | |||
Investment Credit Risk |
15 | |||
Capital Markets Risk Management |
26 | |||
Capital Resources and Liquidity |
33 | |||
Impact of New Accounting Standards |
39 |
1
CONSOLIDATED RESULTS OF OPERATIONS
Operating Summary
2009 | 2008 | 2007 | ||||||||||
Fee income and other |
$ | 3,752 | $ | 4,155 | $ | 4,470 | ||||||
Earned premiums |
377 | 984 | 983 | |||||||||
Net investment income |
||||||||||||
Securities available-for-sale and other |
2,505 | 2,588 | 3,056 | |||||||||
Equity securities, trading(3) |
343 | (246 | ) | 1 | ||||||||
Total net investment income |
2,848 | 2,342 | 3,057 | |||||||||
Net realized capital gains (losses): |
||||||||||||
Total other-than-impairment (OTTI) losses |
(1,722 | ) | (1,888 | ) | (339 | ) | ||||||
OTTI losses recognized to other comprehensive income |
530 | | | |||||||||
Net OTTI losses recognized in earnings |
(1,192 | ) | (1,888 | ) | (339 | ) | ||||||
Net realized capital gains (losses), excluding net OTTI losses recognized in earnings |
315 | (3,875 | ) | (595 | ) | |||||||
Total net realized capital losses |
(877 | ) | (5,763 | ) | (934 | ) | ||||||
Total revenues(1) |
6,100 | 1,718 | 7,576 | |||||||||
Benefits, losses and loss adjustment expenses |
3,716 | 4,047 | 3,982 | |||||||||
Benefits, losses and loss adjustment expenses returns credited on international
unit linked bonds and pension products(3) |
343 | (246 | ) | 1 | ||||||||
Insurance operating costs and other expenses |
1,850 | 1,940 | 1,832 | |||||||||
Amortization of deferred policy acquisition costs and present value of future profits |
3,727 | 1,620 | 605 | |||||||||
Goodwill impairment |
| 184 | | |||||||||
Dividends to policyholders |
12 | 13 | 11 | |||||||||
Total benefits, claims and expenses |
9,648 | 7,558 | 6,431 | |||||||||
Income (loss) before income taxes |
(3,548 | ) | (5,840 | ) | 1,145 | |||||||
Income tax expense (benefit) |
(1,401 | ) | (2,181 | ) | 252 | |||||||
Net income (loss)(2) |
$ | (2,147 | ) | $ | (3,659 | ) | $ | 893 | ||||
Net (income) loss attributable to the noncontrolling interest |
(10 | ) | 105 | (7 | ) | |||||||
Net income (loss) attributable to Hartford Life Insurance Company |
$ | (2,157 | ) | $ | (3,554 | ) | $ | 886 | ||||
(1) | The transition impact related to the adoption of fair value accounting guidance was a reduction
in revenues of $788, for year ended December 31, 2008. |
|
(2) | The transition impact related to the adoption of fair value accounting guidance was a reduction
in net income of $311 for the year ended December 31, 2008. |
|
(3) | Net investment income includes investment income and mark-to-market effects of equity
securities, trading, supporting the international variable annuity business, which are classified
in net investment income with corresponding amounts credited to policy holders. |
Year ended December 31, 2009 compared to the year ended December 31, 2008
Net loss improved as a result of lower net realized losses. The following factors detail changes in
operating results on a comparative period basis:
| Lower realized losses were primarily due to lower net losses from impairments on investment
securities, as well as decreased credit related losses and gains on GMWB/GMIB/GMAB reinsurance
compared to 2008 and the impact of the adoption of fair value accounting guidance in 2008. For
further discussion refer to Note 16, Transactions with Affiliates, of the Notes to
Consolidated Financial Statements. |
|
| In the fourth quarter of 2009, Global Annuity recorded a DAC Unlock charge of $1.9 billion,
pre-tax at the inception of a reinsurance transaction with an affiliated captive reinsurer.
For further discussion refer to Note 16 of the Notes to Consolidated Financial Statements. |
|
| Earned premiums declined in Other as a result of ceded premiums upon inception of an October
1, 2009 reinsurance transaction with an affiliated captive reinsurer. For further discussion
on transactions with affiliates, refer to Note 16 of the Notes to Consolidated Financial
Statements. Additionally, declines resulted from ratings downgrades in the later half of 2008
restricting sales of institutional investment payout annuities within Global Annuity which
have a corresponding decrease in losses and loss adjustment expenses. |
|
| Fee income and other decreased as a result of the decline in average account values of the
variable annuity and mutual fund assets. |
2
| In the fourth quarter of 2009, the Company recorded an increase in benefits, losses and loss
adjustments expense as a result of a reinsurance transaction with an affiliated captive
reinsurer. For further discussion on this reinsurance transaction with an affiliated captive
reinsurer, refer to Note 16 of the Notes to Consolidated Financial Statements. Interest
credited recorded in Global Annuity decreased by $152 primarily as a result of the reinsurance
transaction. |
Year ended December 31, 2008 compared to the year ended December 31, 2007
The decrease in the Companys net income was due to the following:
| Realized losses increased as compared to the comparable prior year period primarily due to
net losses from impairments on investment securities as well as increased credit related
losses and increased losses on GMWB/GMIB/GMAB reinsurance and the adoption of fair value
guidance. |
|
| The Company recorded a DAC Unlock charge of $825, after-tax, during the third quarter of 2008
as compared to a DAC Unlock benefit of $188, after tax, during the third quarter of 2007. See
the Critical Accounting Estimates section of the MD&A for a further discussion on the DAC
Unlock. |
|
| Declines in assets under management, primarily driven by market depreciation of $37.8 billion
on the account values of U.S. individual variable annuities and $20.2 billion for retail
mutual funds during 2008, drove declines in fee income compared to 2007. |
|
| Net investment income on securities available-for-sale and other declined primarily due to
declines in limited partnership and other alternative investment income and a decrease in
investment yield for fixed maturities. |
Net Realized Capital Gains and Losses
For further discussion of net realized capital gains and losses, see Investment Results within
the Investments section.
Income Taxes
The effective tax rate for 2009, 2008 and 2007 were 39%, 38%, and 22%, respectively. The principal
cause of the difference between the effective rate and the U.S. statutory rate of 35% for 2009,
2008 and 2007 was the separate account dividends received deduction (DRD). This caused an
increase in the tax benefit on the 2009 and 2008 pretax losses and a decrease in the tax expense on
the 2007 pretax income. Income taxes refunded in 2009 and 2008 were $(282) and $(183),
respectively; in 2007 income taxes paid were $329.
The separate account DRD is estimated for the current year using information from the prior
year-end, adjusted for current year equity market performance and other appropriate factors,
including estimated levels of corporate dividend payments. The actual current year DRD can vary
from estimates based on, but not limited to, changes in eligible dividends received by the mutual
funds, amounts of distributions from these mutual funds, amounts of short-term capital gains at the
mutual fund level and the Companys taxable income before the DRD. The Company recorded benefits of
$181, $176 and $155 related to the separate account DRD in the years ended December 31, 2009, 2008
and 2007, respectively, which included a benefit (charge) in 2009 of $29 related to prior year tax
returns, in 2008 of $9 related to a true-up of the prior year tax return, and in 2007 of $(1)
related to a true-up of the prior year tax return.
In Revenue Ruling 2007-61, issued on September 25, 2007, the IRS announced its intention to issue
regulations with respect to certain computational aspects of the DRD on separate account assets
held in connection with variable annuity contracts. Revenue Ruling 2007-61 suspended Revenue Ruling
2007-54, issued in August 2007 which purported to change accepted industry and IRS interpretations
of the statutes governing these computational questions. Any regulations that the IRS may
ultimately propose for issuance in this area will be subject to public notice and comment, at which
time insurance companies and other members of the public will have the opportunity to raise legal
and practical questions about the content, scope and application of such regulations. As a result,
the ultimate timing and substance of any such regulations are unknown, but they could result in the
elimination of some or all of the separate account DRD tax benefit that the Company receives.
Management believes that it is highly likely that any such regulations would apply prospectively
only.
The Company receives a foreign tax credit against its U.S. tax liability for foreign taxes paid by
the Company including payments from its separate account assets. The separate account foreign tax
credit is estimated for the current year using information from the most recent filed return,
adjusted for the change in the allocation of separate account investments to the international
equity markets during the current year. The actual current year foreign tax credit can vary from
the estimates due to actual foreign tax credits passed through by the mutual funds. The Company
recorded benefits of $16, $16 and $11 related to separate account foreign tax credit in the years
ended December 31, 2009, 2008 and, 2007 respectively. These amounts included benefits related to
true-ups of prior years tax returns of $3, $4 and $0 in 2009, 2008 and 2007, respectively.
3
CRITICAL ACCOUNTING ESTIMATES
The preparation of financial statements, in conformity with accounting principles generally
accepted in the United States of America (U.S. GAAP), requires management to make estimates and
assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent
assets and liabilities at the date of the financial statements and the reported amounts of revenues
and expenses during the reporting period. Actual results could differ, and in the past have
differed, from those estimates.
The Company has identified the following estimates as critical in that they involve a higher degree
of judgment and are subject to a significant degree of variability: estimated gross profits used in
the valuation and amortization of assets and liabilities associated with variable annuity and other
universal life-type contracts; living benefits required to be fair valued; valuation of investments
and derivative instruments; evaluation of other-than-temporary impairments on available-for-sale
securities and contingencies relating to corporate litigation and regulatory matters; DTA and
goodwill impairment. In developing these estimates management makes subjective and complex
judgments that are inherently uncertain and subject to material change as facts and circumstances
develop. Although variability is inherent in these estimates, management believes the amounts
provided are appropriate based upon the facts available upon compilation of the financial
statements.
Estimated Gross Profits Used in the Valuation and Amortization of Assets and Liabilities Associated with Variable Annuity and Other Universal Life-Type Contracts
Estimated gross profits (EGPs) are used in the amortization of: the Companys deferred policy
acquisition cost (DAC) asset, which includes the present value of future profits; sales
inducement assets (SIA); and unearned revenue reserves (URR). See Note 6 of the Notes to
Consolidated Financial Statements for additional information on DAC. See Note 9 of the Notes to
Consolidated Financial Statements for additional information on SIA. EGPs are also used in the
valuation of reserves for death and other insurance benefit features on variable annuity and
universal life-type contracts. See Note 8 of the Notes to Consolidated Financial Statements for
additional information on death and other insurance benefit feature reserves.
For most contracts, the Company estimates gross profits over 20 years as EGPs emerging subsequent
to that timeframe are immaterial. Products sold in a particular year are aggregated into cohorts.
Future gross profits for each cohort are projected over the estimated lives of the underlying
contracts, based on future account value projections for variable annuity and variable universal
life products. The projection of future account values requires the use of certain assumptions
including: separate account returns; separate account fund mix; fees assessed against the contract
holders account balance; surrender and lapse rates; interest margin; mortality; and hedging costs.
Changes in these assumptions and, in addition, changes to other policyholder behavior assumptions
such as resets, partial surrenders, reaction to price increases, and asset allocations causes EGPs
to fluctuate which impacts earnings.
Prior to the second quarter of 2009, the Company determined EGPs using the mean derived from
stochastic scenarios that had been calibrated to the estimated separate account return. The Company
also completed a comprehensive assumption study in the third quarter of each year and revised best
estimate assumptions used to estimate future gross profits when the EGPs in the Companys models
fell outside of an independently determined reasonable range of EGPs. The Company also considered,
on a quarterly basis, other qualitative factors such as product, regulatory and policyholder
behavior trends and revised EGPs if those trends were expected to be significant.
Beginning with the second quarter of 2009, the Company now determines EGPs from a single
deterministic reversion to mean (RTM) separate account return projection which is an estimation
technique commonly used by insurance entities to project future separate account returns. Through
this estimation technique, the Companys DAC model is adjusted to reflect actual account values at
the end of each quarter. Through a consideration of recent market returns, the Company will unlock,
or adjust, projected returns over a future period so that the account value returns to the
long-term expected rate of return, providing that those projected returns do not exceed certain
caps or floors. This DAC Unlock, for future separate account returns, is determined each quarter.
Under RTM, the expected long term rate of return is 7.1%, on a weighted average basis, including
9.5% for equities and 6.0% for fixed income.
In the third quarter of each year, the Company completes a comprehensive non-market related
policyholder behavior assumption study and incorporates the results of those studies into its
projection of future gross profits. Additionally, throughout the year, the Company evaluates
various aspects of policyholder behavior and periodically revises its policyholder assumptions as
credible emerging data indicates that changes are warranted. In the fourth quarter of 2009, recent
market volatility provided the Company additional credible information regarding policyholder
behavior, related to living benefit lapses, withdrawal rates and GMDB lapses. This information was
incorporated into the Companys assumptions used in determining estimated gross profits. Upon
completion of an assumption study or evaluation of credible new information, the Company will
revise its assumptions to reflect its current best estimate. These assumption revisions will change
the projected account values and the related EGPs in the DAC, SIA and URR amortization models, as
well as the death and other insurance benefit reserving model.
4
All assumption changes that affect the estimate of future EGPs including: the update of current
account values; the use of the RTM estimation technique; and policyholder behavior assumptions, are
considered an Unlock in the period of revision. An Unlock adjusts DAC, SIA, URR and death and other
insurance benefit reserve balances in the Consolidated Balance Sheets with an offsetting benefit or
charge in the Consolidated Statements of Operations in the period of the revision. An Unlock that
results in an after-tax benefit generally occurs as a result of actual experience or future
expectations of product profitability being favorable compared to previous estimates. An Unlock
that results in an after-tax charge generally occurs as a result of actual experience or future
expectations of product profitability being unfavorable compared to previous estimates.
An Unlock revises EGPs, on a quarterly basis, to reflect the Companys current best estimate
assumptions. After each quarterly Unlock, the Company also tests the aggregate recoverability of
DAC by comparing the DAC balance to the present value of future EGPs. As of December 31, 2009, the
margin between the DAC balance and to the present value of future EGPs was 1% for U.S. individual
variable annuities, reflective of the reinsurance of a block of individual variable annuities with
an affiliated captive reinsurer. If the margin between the DAC asset and the present value of
future EGPs is exhausted, further reductions in EGPs would cause portions of DAC to be
unrecoverable.
Estimated gross profits are also used to determine the expected excess benefits and assessments
included in the measurement of death and other insurance benefit reserves. These excess benefits
and assessments are derived from a range of stochastic scenarios that have been calibrated to the
Companys RTM separate account returns. The determination of death and other insurance benefit
reserves is also impacted by discount rates, lapses, volatilities and mortality assumptions.
Effective October 1, 2009, a subsidiary of HLIC, Hartford Life and Annuity Insurance Company
(HLAI) entered into a reinsurance agreement with an affiliated captive reinsurer, White River
Life Reinsurance Company (the affiliated captive reinsurer or WRR). This agreement provides
that HLAI will cede, and WRR will reinsure 100% of the in-force and prospective U.S. variable
annuities and the associated GMDB and GMWB riders. This transaction
resulted in an Unlock charge of $2.0 billion, pre-tax, and $1.3 billion, after-tax, as the related EGPs were ceded to the
affiliate. See Note 16, Transactions with Affiliates, of the Notes to Consolidated Financial
Statements for further information on the transaction.
Unlocks
The after-tax impact on the Companys assets and liabilities as a result of the Unlocks for the
years ended 2009, 2008 and 2007 were:
For the year ended 2009:
Death and | ||||||||||||||||||||
Insurance | ||||||||||||||||||||
Reporting Segment | Benefit | |||||||||||||||||||
After-tax (Charge) Benefit | DAC | URR | Reserves(1) | SIA | Total(2) | |||||||||||||||
Global Annuity (3) (4) |
(1,760 | ) | 84 | $ | (160 | ) | $ | (188 | ) | (2,024 | ) | |||||||||
Life Insurance |
(100 | ) | 54 | (4 | ) | | (50 | ) | ||||||||||||
Retirement Plans |
(55 | ) | | | (1 | ) | (56 | ) | ||||||||||||
Other |
| | (15 | ) | | (15 | ) | |||||||||||||
Total |
$ | (1,915 | ) | $ | 138 | $ | (179 | ) | $ | (189 | ) | $ | (2,145 | ) | ||||||
[1] | As a result of the Unlock, Global Annuity reserves increased
$560, pre-tax, offset by an increase in reinsurance recoverables
of $291, pre-tax. |
|
[2] | The most significant contributor to the Unlock was a result of
actual separate account returns being significantly below our
aggregated estimated return. |
|
[3] | Includes $(49) related to DAC recoverability impairment
associated with the decision to suspend sales in the U.K.
variable annuity business. |
|
[4] | Includes $(1.3) billion related to reinsurance of a block of in-force and prospective U.S.
variable annuities and the associated GMDB and GMWB riders with an affiliated captive
reinsurer. |
5
For the year ended 2008:
Death and | ||||||||||||||||||||
Insurance | ||||||||||||||||||||
Reporting Segment | Benefit | |||||||||||||||||||
After-tax (Charge) Benefit | DAC | URR | Reserves(1) | SIA | Total(2) | |||||||||||||||
Global Annuity |
$ | (648 | ) | $ | 18 | $ | (75 | ) | $ | (27 | ) | $ | (732 | ) | ||||||
Life Insurance |
(29 | ) | (12 | ) | (3 | ) | | (44 | ) | |||||||||||
Retirement Plans |
(49 | ) | | | | (49 | ) | |||||||||||||
Total |
$ | (726 | ) | $ | 6 | $ | (78 | ) | $ | (27 | ) | $ | (825 | ) | ||||||
[1] | As a result of the Unlock, Global Annuity reserves increased $387, pre-tax, offset by an
increase in reinsurance recoverables of $266, pre-tax. |
|
[2] | The most significant contributors to the Unlock were: |
| Actual separate account returns were significantly below our aggregated estimated
return. |
||
| The Company reduced its 20 year projected separate account return assumption from 7.8%
to 7.2% in the U.S. |
||
| Retirement Plans reduced its estimate of future fees as plans met contractual size
limits (breakpoints), causing a lower fee schedule to apply, and the Company increased
its assumption for future deposits by existing plan participants. |
For the year ended 2007:
Death and | ||||||||||||||||||||
Insurance | ||||||||||||||||||||
Reporting Segment | Benefit | |||||||||||||||||||
After-tax (Charge) Benefit | DAC | URR | Reserves(1) | SIA | Total(2) | |||||||||||||||
Global Annuity |
$ | 181 | $ | (5 | ) | $ | (4 | ) | $ | 9 | $ | 181 | ||||||||
Life Insurance |
24 | (8 | ) | | | 16 | ||||||||||||||
Retirement Plans |
(9 | ) | | | | (9 | ) | |||||||||||||
Total |
$ | 196 | $ | (13 | ) | $ | (4 | ) | $ | 9 | $ | 188 | ||||||||
[1] | As a result of the Unlock, Global Annuity reserves decreased $4, pre-tax, offset by a decrease, in reinsurance recoverables of $10 pre-tax. |
|
[2] | The most significant contributors to the Unlock were: |
| Actual separate account returns were above our aggregated estimated return. |
||
| During the third quarter of 2007, the Company estimated gross profits using the mean of
EGPs derived from a set of stochastic scenarios that have been calibrated to our estimated
separate account return as compared to prior year where we used a single deterministic
estimation. The impact of this change in estimation was a benefit of $20, after-tax, for
U.S. variable annuities. |
||
| Dynamic lapse behavior assumptions, reflecting that lapse behavior will be different
depending upon market movements, along with other base lapse rate assumption changes
resulted in an approximate benefit of $40, after-tax, for U.S. variable annuities. |
Living Benefits Required to be Fair Valued (in Other Policyholder Funds and Benefits Payable)
The Company offers certain variable annuity products with a GMWB rider in the U.S. and formerly in
the U.K. The Company has also assumed, through reinsurance, GMWB, GMIB and GMAB risks underwritten
by Hartford Life Insurance KK (HLIKK), a wholly-owned Japanese subsidiary of Hartford Life. The
fair value of the GMWB, GMIB and GMAB are liabilities of approximately $2.0 billion, $1.4 billion
and $1 as of December 31, 2009, respectively. Effective October 1, 2009, the Company ceded U.S. and
international variable annuity contracts to an affiliated captive reinsurer including assumed GMWB,
GMIB and GMAB. The initial fair value of the derivative associated with the business was
approximately $1.3 billion.
Fair values for direct, assumed and ceded GMWB, GMIB and GMAB contracts are calculated based upon
internally developed models because active, observable markets do not exist for those items. The
fair value of the Companys guaranteed benefit liabilities, classified as embedded derivatives, and
the related reinsurance and customized freestanding derivatives is calculated as an aggregation of
the following components: Best Estimate Claims Costs; Credit Standing Adjustment; and Margins. The
resulting aggregation is reconciled or calibrated, if necessary, to market information that is, or
may be, available to the Company, but may not be observable by other market participants, including
reinsurance discussions and transactions. The Company believes the aggregation of each of these
components, as necessary and as reconciled or calibrated to the market information available to the
Company, results in an amount that the Company would be required to transfer, or receive, to or
from market participants in an active liquid market, if one existed, for those market participants
to assume the risks associated with the guaranteed minimum benefits and the related reinsurance and
customized derivatives. The fair value is likely to materially diverge from the ultimate settlement
of the liability as the Company believes settlement will be based on our best estimate assumptions
rather than those best estimate assumptions plus risk margins. In the absence of any transfer of
the guaranteed benefit liability to a third party, the release of risk margins is likely to be
reflected as realized gains in future periods net income. Each of the components described below
are unobservable in the marketplace and require subjectivity by the Company in determining their
value.
6
Best Estimate Claims Costs
The Best Estimate Claims Costs is calculated based on actuarial and capital market assumptions
related to projected cash flows, including benefits and related contract charges, over the lives of
the contracts, incorporating expectations concerning policyholder behavior such as lapses, fund
selection, resets and withdrawal utilization (for the customized derivatives, policyholder behavior
is prescribed in the derivative contract). Because of the dynamic and complex nature of these cash
flows, best estimate assumptions and a Monte Carlo stochastic process involving the generation of
thousands of scenarios that assume risk neutral returns consistent with swap rates and a blend of
observable implied index volatility levels were used. Estimating these cash flows involves numerous
estimates and subjective judgments including those regarding expected markets rates of return,
market volatility, correlations of market index returns to funds, fund performance, discount rates
and policyholder behavior. At each valuation date, the Company assumes expected returns based on:
| risk-free rates as represented by the current LIBOR forward curve rates; |
|
| forward market volatility assumptions for each underlying index based primarily on a blend of
observed market implied volatility data; |
|
| correlations of market returns across underlying indices based on actual observed market
returns and relationships over the ten years preceding the valuation date; |
|
| three years of history for fund regression; and |
|
| current risk-free spot rates as represented by the current LIBOR spot curve to determine the
present value of expected future cash flows produced in the stochastic projection process. |
As many guaranteed benefit obligations are relatively new in the marketplace, actual policyholder
behavior experience is limited. As a result, estimates of future policyholder behavior are
subjective and based on analogous internal and external data. As markets change, mature and evolve
and actual policyholder behavior emerges, management continually evaluates the appropriateness of
its assumptions for this component of the fair value model.
On a daily basis, the Company updates capital market assumptions used in the GMWB liability model
such as interest rates and equity indices. On a weekly basis, the blend of implied equity index
volatilities is updated. The Company continually monitors various aspects of policyholder behavior
and may modify certain of its assumptions, including living benefit lapses and withdrawal rates, if
credible emerging data indicates that changes are warranted. At a minimum, all policyholder
behavior assumptions are reviewed and updated, as appropriate, in conjunction with the completion
of the Companys comprehensive study to refine its estimate of future gross profits during the
third quarter of each year.
Credit Standing Adjustment
This assumption makes an adjustment that market participants would make to reflect the risk that
guaranteed benefit obligations or the GMWB reinsurance recoverables will not be fulfilled
(nonperformance risk). As a result of sustained volatility in the Companys credit default
spreads, during 2009 the Company changed its estimate of the credit standing adjustment to
incorporate observable Company and reinsurer credit default spreads from capital markets, adjusted
for market recoverability. Prior to the first quarter of 2009, the Company calculated the credit
standing adjustment by using default rates published by rating agencies, adjusted for market
recoverability. For the twelve months ended December 31, 2009 and 2008, the credit standing
adjustment resulted in pre-tax gains of $135 and $6, respectively, for U.S. GMWB liabilities, net
of reinsurance.
Margins
The behavior risk margin adds a margin that market participants would require for the risk that the
Companys assumptions about policyholder behavior could differ from actual experience. The behavior
risk margin is calculated by taking the difference between adverse policyholder behavior
assumptions and best estimate assumptions. The Company revised certain adverse assumptions in the
behavior risk margin for withdrawals, lapses and annuitization behavior as emerging policyholder
behavior experience suggested the prior adverse policyholder behavior assumptions were no longer
representative of an appropriate margin for risk.
Assumption updates, including policyholder behavior assumptions, affected best estimates and
margins for a total realized gain before-tax of $495 and $470 for the years ended December 31, 2009
and 2008 for U.S. GMWB liabilities net of third party reinsurance. For the year ended December 31,
2007, these updates affected best estimates resulting in a pre-tax loss of $(158).
In addition to the non-market-based updates described above, for the twelve months ended December
31, 2009, 2008, and 2007, the Company recognized non-market-based updates to the U.S. GMWB fair
value driven by:
7
| The relative outperformance/(underperformance) of the underlying actively managed funds as
compared to their respective indices resulting in a pre-tax gain/(loss) of approximately $481,
$(355) and $(2), respectively. |
In addition to the non-market based updates described above, the Company recognized non-market
based updates to the reinsured Japan GMWB, GMIB, and GMAB fair values primarily driven by:
| Updates to assumptions, including policyholder behavior resulting in a pre-tax loss of
approximately $(264) for the year ended December 31, 2009; and |
|
| The credit standing adjustment (described above), resulting in a pre-tax gain/(loss) of
approximately $155 and $(115) for the years ended December 31, 2009 and 2008, respectively. |
Valuation of Investments and Derivative Instruments
The Companys investments in fixed maturities include bonds, redeemable preferred stock and
commercial paper. These investments, along with certain equity securities, which include common and
non-redeemable preferred stocks, are classified as available-for-sale (AFS) and are carried at
fair value. The after-tax difference from cost or amortized cost is reflected in stockholders
equity as a component of Other Comprehensive Income/(Loss), after adjustments for the effect of
deducting the life and pension policyholders share of the immediate participation guaranteed
contracts and certain life and annuity deferred policy acquisition costs and reserve adjustments.
The equity investments associated with the variable annuity products offered in the U.K. are
recorded at fair value and are classified as trading with changes in fair value recorded in net
investment income. Policy loans are carried at outstanding balance. Mortgage loans are recorded at
the outstanding principal balance adjusted for amortization of premiums or discounts and net of
valuation allowances. Short-term investments are carried at amortized cost, which approximates fair
value. Limited partnerships and other alternative investments are reported at their carrying value
with the change in carrying value accounted for under the equity method and accordingly the
Companys share of earnings are included in net investment income. Recognition of limited
partnerships and other alternative investment income is delayed due to the availability of the
related financial information, as private equity and other funds are generally on a three-month
delay and hedge funds are on a one-month delay. Accordingly, income for the years ended December
31, 2009, 2008 and 2007 may not include the full impact of current year changes in valuation of the
underlying assets and liabilities, which are generally obtained from the limited partnerships and
other alternative investments general partners. Other investments primarily consist of derivative
instruments which are carried at fair value.
Available-for-Sale Securities and Short-Term Investments
The fair value of AFS securities and short-term investments in an active and orderly market (i.e.
not distressed or forced liquidation) is determined by management after considering one of three
primary sources of information: third-party pricing services, independent broker quotations or
pricing matrices. Security pricing is applied using a waterfall approach whereby prices are first
sought from third party pricing services, the remaining unpriced securities are submitted to
independent brokers for prices, or lastly, securities are priced using a pricing matrix. Typical
inputs used by these pricing methods include, but are not limited to, reported trades, benchmark
yields, issuer spreads, bids, offers, and/or estimated cash flows and prepayments speeds. Based on
the typical trading volumes and the lack of quoted market prices for fixed maturities, third-party
pricing services will normally derive the security prices through recent reported trades for
identical or similar securities making adjustments through the reporting date based upon available
market observable information as outlined above. If there are no recent reported trades, the third
party pricing services and brokers may use matrix or model processes to develop a security price
where future cash flow expectations are developed based upon collateral performance and discounted
at an estimated market rate. For further discussion, see the Available-for-Sale and Short-term
Investments section in Note 3 of the Notes to the Consolidated Financial Statements.
The Company has analyzed the third-party pricing services valuation methodologies and related
inputs, and has also evaluated the various types of securities in its investment portfolio to
determine an appropriate fair value hierarchy level based upon trading activity and the
observability of market inputs. For further discussion of fair value measurement, see Note 3 of the
Notes to the Consolidated Financial Statements.
8
The following table presents the fair value of AFS securities and short-term investments by pricing
source and hierarchy level as of December 31, 2009.
Quoted Prices in | Significant | Significant | ||||||||||||||
Active Markets for | Observable | Unobservable | ||||||||||||||
Identical Assets | Inputs | Inputs | ||||||||||||||
(Level 1) | (Level 2) | (Level 3) | Total | |||||||||||||
Priced via third party pricing services |
$ | 438 | $ | 30,945 | $ | 1,448 | $ | 32,831 | ||||||||
Priced via independent broker quotations |
| | 3,101 | 3,101 | ||||||||||||
Priced via matrices |
| | 4,542 | 4,542 | ||||||||||||
Priced via other methods(1) |
| | 348 | 348 | ||||||||||||
Short-term investments |
3,785 | 1,343 | | 5,128 | ||||||||||||
Total |
$ | 4,223 | $ | 32,288 | $ | 9,439 | $ | 45,950 | ||||||||
% of Total |
9.2 | % | 70.3 | % | 20.5 | % | 100.0 | % | ||||||||
(1) | Represents securities for which adjustments were made to reduce prices
received from third parties and certain private equity investments
that are carried at the Companys determination of fair value from
inception. |
The fair value is the amount at which the security could be exchanged in a current transaction
between knowledgeable, unrelated willing parties using inputs, including assumptions and estimates,
a market participant would utilize. As the estimated fair value of a security utilizes assumptions
and estimates, the amount that may be realized may differ significantly.
Valuation of Derivative Instruments, excluding embedded derivatives within liability contracts and
reinsurance related derivatives
Derivative instruments are reported on the Consolidated Balance Sheets at fair value and are
reported in Other Investments and Other Liabilities. Derivative instruments are fair valued using
pricing valuation models, which utilize market data inputs or independent broker quotations.
Excluding embedded and reinsurance related derivatives, as December 31, 2009 and 2008, 96% and 95%
of derivatives, respectively, based upon notional values, were priced by valuation models, which
utilize independent market data. The remaining derivatives were priced by broker quotations. The
derivatives are valued using mid-market level inputs that are predominantly observable in the
market, with the exception of the customized swap contracts that hedge guaranteed minimum
withdrawal benefits (GMWB) liabilities. Inputs used to value derivatives include, but are not
limited to, swap interest rates, foreign currency forward and spot rates, credit spreads and
correlations, interest and equity volatility and equity index levels. The Company performs a
monthly analysis on derivative valuations which includes both quantitative and qualitative
analysis. Examples of procedures performed include, but are not limited to, review of pricing
statistics and trends, back testing recent trades, analyzing the impacts of changes in the market
environment, and review of changes in market value for each derivative including those derivatives
priced by brokers.
The following table presents the notional value and net fair value of derivative instruments by
hierarchy level as of December 31, 2009.
Notional Value | Fair Value | |||||||
Quoted prices in active markets for identical assets (Level 1) |
$ | 2,276 | $ | 6 | ||||
Significant observable inputs (Level 2) |
29,764 | (41 | ) | |||||
Significant unobservable inputs (Level 3) |
42,533 | 368 | ||||||
Total |
$ | 74,573 | $ | 333 | ||||
The following table presents the notional value and net fair value of the derivative instruments
within the Level 3 securities classification as of December 31, 2009.
Notional Value | Fair Value | |||||||
Credit derivatives |
$ | 2,782 | $ | (162 | ) | |||
Interest derivatives |
2,591 | (2 | ) | |||||
Equity derivatives |
37,136 | 532 | ||||||
Other |
24 | | ||||||
Total Level 3 |
$ | 42,533 | $ | 368 | ||||
Derivative instruments classified as Level 3 include complex derivatives, primarily consisting of
equity options and swaps, interest rate derivatives which have interest rate optionality, certain
credit default swaps, and long-dated interest rate swaps. These derivative instruments are valued
using pricing models which utilize both observable and unobservable inputs and, to a lesser extent,
broker quotations. A derivative instrument that is priced using both observable and unobservable
inputs will be classified as a Level 3 financial instrument in its entirety if the unobservable
input is significant in developing the price. The Company utilizes derivative instruments to manage
the risk associated with certain assets and liabilities. However, the derivative instrument may not
be classified with the same fair value hierarchy level as the associated assets and liabilities.
9
Other-Than-Temporary Impairments and Valuation Allowances on Investments
The Company has a monitoring process overseen by a committee of investment and accounting
professionals that identifies investments that are subject to an enhanced evaluation on a quarterly
basis to determine if an other-than-temporary impairment (impairment) is present for AFS
securities or a valuation allowance is required for mortgage loans. This evaluation is a
quantitative and qualitative process, which is subject to risks and uncertainties. For further
discussion of the accounting policies, see the Significant Investment Accounting Policies Section
in Note 4 of the Notes to the Consolidated Financial Statements. For a discussion of results, see
the Other-Than-Temporary Impairments Section within the Investment Credit Risk section of the MD&A.
Goodwill Impairment
Goodwill balances are reviewed for impairment at least annually or more frequently if events occur
or circumstances change that would indicate a triggering event for a potential impairment has
occurred. A reporting unit is defined as an operating segment or one level below an operating
segment. The Companys reporting units, for which goodwill has been allocated, are equivalent to
the Companys operating segments because either there is no discrete financial information
available for the separate components of a segment or all of the components of a segment have
similar economic characteristics. The variable life, universal life and term life components of
Life Insurance have been aggregated into one reporting unit. In circumstances where the components
of an operating segment constitute a business for which discrete financial information is available
and segment management regularly reviews the operating results of that component such as, with U.S.
Individual Annuity within Global Annuity and Individual Life within Life Insurance, the Company has
classified those components as reporting units.
As of December 31, 2009 and 2008, the Company had goodwill allocated to the following reporting
units:
December 31, 2009 | December 31, 2008 | |||||||
Individual Life within Life Insurance |
$ | 224 | $ | 224 | ||||
Retirement Plans [1] |
87 | 79 | ||||||
Mutual Funds |
159 | 159 | ||||||
Total |
$ | 470 | $ | 462 | ||||
[1] | In 2009, the Company added $8 of goodwill related to a contingent earnout provision. |
The goodwill impairment test follows a two step process. In the first step, the fair value of a
reporting unit is compared to its carrying value. If the carrying value of a reporting unit exceeds
its fair value, the second step of the impairment test is performed for purposes of measuring the
impairment. In the second step, the fair value of the reporting unit is allocated to all of the
assets and liabilities of the reporting unit to determine an implied goodwill value. This
allocation is similar to a purchase price allocation performed in purchase accounting. If the
carrying amount of the reporting units goodwill exceeds the implied goodwill value, an impairment
loss shall be recognized in an amount equal to that excess.
Managements determination of the fair value of each reporting unit incorporates multiple inputs
including cash flow calculations, price to earnings multiples, the level of The Hartfords share
price and assumptions that market participants would make in valuing the reporting unit. Other
assumptions include levels of economic capital, future business growth, earnings projections,
assets under management and the weighted average cost of capital used for purposes of discounting.
Decreases in the amount of economic capital allocated to a reporting unit, decreases in business
growth, decreases in earnings projections and increases in the weighted average cost of capital
will all cause the reporting units fair value to decrease.
The Company completed its annual goodwill assessment for the individual reporting units of the
Company as of January 1, 2009, and concluded that the fair value of each reporting unit, for which
goodwill had been allocated, was in excess of the respective reporting units carrying value (the
first step of the goodwill impairment test).
However, as noted above, goodwill is reassessed at an interim date if certain circumstances occur
which would cause the entity to conclude that it was more likely than not that the carrying value
of one or more of its reporting units would be in excess of the respective reporting units fair
value. As a result of the continued decline in the equity markets from January 1, 2009, rating
agency downgrades, and a decline in The Hartfords share price, the Company concluded, during the
first quarter of 2009, that the conditions had been met to warrant an interim goodwill impairment
test. In performing step one of the impairment test, the fair value of the Retirement Plans and
Mutual Funds reporting units was determined to be in excess of their carrying value. For the
Individual Life reporting unit, the fair value was not in excess of the carrying value and the step
two impairment analysis was required to be performed. The fair value in step two of the goodwill
impairment analysis for the Individual Life reporting unit was determined to be in excess of its
carrying value.
10
Valuation Allowance on Deferred Tax Assets
Deferred tax assets represent the tax benefit of future deductible temporary differences and
operating loss and tax credit carryforwards. Deferred tax assets are measured using the enacted tax
rates expected to be in effect when such benefits are realized if there is no change in tax law.
Under U.S. GAAP, we test the value of deferred tax assets for impairment on a quarterly basis at
the entity level within each tax jurisdiction, consistent with our filed tax returns. Deferred tax
assets are reduced by a valuation allowance if, based on the weight of available evidence, it is
more likely than not that some portion, or all, of the deferred tax assets will not be realized.
The determination of the valuation allowance for our deferred tax assets requires management to
make certain judgments and assumptions. In evaluating the ability to recover deferred tax assets,
we have considered all available evidence including past operating results, the existence of
cumulative losses in the most recent years, forecasted earnings, future taxable income, and prudent
and feasible tax planning strategies. In the event we determine that we most likely would not be
able to realize all or part of our deferred tax assets in the future, an increase to the valuation
allowance would be charged to earnings in the period such determination is made. Likewise, if it is
later determined that it is more likely than not that those deferred tax assets would be realized,
the previously provided valuation allowance would be reversed. Our judgments and assumptions are
subject to change given the inherent uncertainty in predicting future performance, which is
impacted by such things as policyholder behavior, competitor pricing, new product introductions,
and specific industry and investment market conditions.
In managements judgment, the net deferred tax asset will more likely than not be realized.
Included in the deferred tax asset is the expected tax benefit attributable to net operating losses
of $290, which have no expiration. A valuation allowance of $80 has been recorded which relates to
foreign operations. No valuation allowance has been recorded for realized or unrealized losses. In
assessing the need for a valuation allowance, management considered taxable income in prior
carryback years, future taxable income and tax planning strategies that include holding debt
securities with market value losses until recovery, selling appreciated securities to offset
capital losses, and sales of certain corporate assets. Such tax planning strategies are viewed by
management as prudent and feasible and will be implemented if necessary to realize the deferred tax
asset. However, we anticipate limited ability, going forward, to recognize a full tax benefit on
realized losses, which will result in additional valuation allowances and, if interest rates rise,
an increased likelihood of recording a valuation allowance on previously recognized realized
capital losses.
If the Company were to follow a separate entity approach, it would have to record a valuation
allowance of $387 related to realized capital losses. In addition, the current tax benefit related
to any of the Companys tax attributes realized by virtue of its inclusion in The Hartfords
consolidated tax return would have been recorded directly to surplus rather than income. These
benefits were $65, $500 and $0 for 2009, 2008 and 2007 respectively.
11
INVESTMENT RESULTS
Composition of Invested Assets
The primary investment objective of the Company is to maximize economic value, consistent with
acceptable risk parameters, including the management of credit risk and interest rate sensitivity
of invested assets, while generating sufficient after-tax income to support policyholder and
corporate obligations. Investment strategies are developed based on a variety of factors including
business needs, regulatory requirements and tax considerations.
December 31, | December 31, | |||||||||||||||
2009 | 2008 | |||||||||||||||
Amount | Percent | Amount | Percent | |||||||||||||
Fixed maturities, AFS, at fair value |
$ | 40,403 | 75.6 | % | $ | 39,560 | 71.9 | % | ||||||||
Equity securities, AFS, at fair value |
419 | 0.8 | % | 434 | 0.8 | % | ||||||||||
Mortgage loans |
4,304 | 8.0 | % | 4,896 | 8.9 | % | ||||||||||
Policy loans, at outstanding balance |
2,120 | 4.0 | % | 2,154 | 3.9 | % | ||||||||||
Limited partnerships and other alternative investments |
759 | 1.4 | % | 1,033 | 1.9 | % | ||||||||||
Other investments(1) |
338 | 0.6 | % | 1,237 | 2.2 | % | ||||||||||
Short-term investments |
5,128 | 9.6 | % | 5,742 | 10.4 | % | ||||||||||
Total investments excluding equity securities, trading |
$ | 53,471 | 100.0 | % | $ | 55,056 | 100.0 | % | ||||||||
Equity securities, trading, at fair value(2) |
2,443 | 1,634 | ||||||||||||||
Total investments |
$ | 55,914 | $ | 56,690 | ||||||||||||
(1) | Primarily relates to derivative instruments. |
|
(2) | These assets primarily support the European variable annuity business. Changes in these
balances are also reflected in the respective liabilities. |
Total investments decreased primarily due to declines in short-term investments largely due to
funding liability outflows, mortgage loans resulting from valuation allowances and maturities, and
limited partnerships and other alternative investments attributable to hedge fund redemptions and
negative re-valuations of the underlying investments. These declines were offset by an increase in
equity securities, trading, primarily due to positive cash flows generated from sales and deposits
of the U.K. unit-linked and pension product foreign currency gains attributable to the appreciation
of the British pound as compared to the U.S. dollar and positive market performance of the
underlying investment funds.
12
Net Investment Income (Loss)
For the Years Ended December 31, | ||||||||||||||||||||||||
2009 | 2008 | 2007 | ||||||||||||||||||||||
(Before-tax) | Amount | Yield(1) | Amount | Yield(1) | Amount | Yield(1) | ||||||||||||||||||
Fixed maturities(2) |
$ | 2,094 | 4.5 | % | $ | 2,458 | 5.0 | % | $ | 2,714 | 5.9 | % | ||||||||||||
Equity securities, AFS |
43 | 8.3 | % | 65 | 9.3 | % | 54 | 9.9 | % | |||||||||||||||
Mortgage loans |
232 | 4.9 | % | 251 | 5.6 | % | 227 | 6.4 | % | |||||||||||||||
Policy loans |
136 | 6.3 | % | 136 | 6.5 | % | 132 | 6.5 | % | |||||||||||||||
Limited partnerships and other alternative investments |
(171 | ) | (18.1 | )% | (224 | ) | (16.3 | )% | 112 | 13.0 | % | |||||||||||||
Other(3) |
242 | | (33 | ) | | (120 | ) | | ||||||||||||||||
Investment expense |
(71 | ) | | (65 | ) | | (63 | ) | | |||||||||||||||
Total net investment income excluding equity securities, trading |
$ | 2,505 | 4.2 | % | $ | 2,588 | 4.6 | % | $ | 3,056 | 6.0 | % | ||||||||||||
Equity securities, trading |
343 | | (246 | ) | | 1 | ||||||||||||||||||
Total net investment income |
$ | 2,848 | $ | 2,342 | $ | 3,057 | ||||||||||||||||||
(1) | Yields calculated using annualized net investment income before investment expenses divided
by the monthly average invested assets at cost, amortized cost, or adjusted carrying value, as
applicable, excluding collateral received associated with the securities lending program and
consolidated variable interest entity noncontrolling interests. Included in the fixed maturity
yield is other, which primarily relates to fixed maturities (see footnote (3) below). Included
in the total net investment income yield is investment expense. |
|
(2) | Includes net investment income on short-term investments. |
|
(3) | Includes income from derivatives that qualify for hedge accounting and hedge fixed
maturities. Also, includes fees associated with securities lending activities of $4, $60 and
$84, respectively, for the years ended December 31, 2009, 2008 and 2007. The income from
securities lending activities is included within fixed maturities. |
Year ended December 31, 2009 compared to the year ended December 31, 2008
Total net investment income increased primarily due to equity securities, trading resulting from
improved market performance of the underlying investment funds supporting the U.K. unit-linked and
pension product.
Year ended December 31, 2008 compared to the year ended December 31, 2007
Total net investment income decreased primarily due to a negative yield on limited partnerships and
other alternative investments and a lower yield on variable rate securities due to declines in
short-term interest rates, increased allocation to lower yielding U.S. Treasuries and short-term
investments. The decline in limited partnerships and other alternative investments yield was
largely due to negative returns on hedge funds and real estate partnerships as a result of the lack
of liquidity in the financial markets and a wider credit spread environment. Also contributing to
the decline in net investment income was lower income on equity securities, trading due to a
decline in the value of the underlying investment funds supporting the U.K. unit-linked and pension
product as a result of negative market performance year over year.
13
Net Realized Capital Losses
For the Years Ended December 31, | ||||||||||||
(Before-tax) | 2009 | 2008 | 2007 | |||||||||
Gross gains on sales |
$ | 364 | $ | 383 | $ | 187 | ||||||
Gross losses on sales |
(828 | ) | (398 | ) | (142 | ) | ||||||
Net OTTI losses recognized in earnings |
(1,192 | ) | (1,888 | ) | (339 | ) | ||||||
Japanese fixed annuity contract hedges, net(1) |
47 | 64 | 18 | |||||||||
Periodic net coupon settlements on credit derivatives/Japan |
(33 | ) | (34 | ) | (40 | ) | ||||||
Fair value measurement transition impact |
| (798 | ) | | ||||||||
Results of variable annuity hedge program GMWB derivatives, net |
1,505 | (687 | ) | (286 | ) | |||||||
Macro hedge program |
(895 | ) | 74 | (12 | ) | |||||||
Total results of variable annuity hedge program |
610 | (613 | ) | (298 | ) | |||||||
GMAB/GMWB/GMIB reinsurance |
1,106 | (1,986 | ) | (155 | ) | |||||||
Coinsurance and modified coinsurance reinsurance contracts |
(577 | ) | | | ||||||||
Other, net |
(374 | ) | (493 | ) | (165 | ) | ||||||
Net realized capital losses |
$ | (877 | ) | $ | (5,763 | ) | $ | (934 | ) | |||
(1) | Relates to derivative hedging instruments, excluding periodic net coupon settlements, and is
net of the Japanese fixed annuity product liability adjustment for changes in the dollar/yen
exchange spot rate. |
The circumstances giving rise to the changes in these components are as follows:
Gross gains and losses on sales
|
| Gross gains and losses on
sales for the year ended
December 31, 2009 were
predominantly within
structured, government and
corporate securities
resulting primarily from
efforts to reduce
portfolio risk through
sales of subordinated
financials and real estate
related securities and
from sales of U.S.
Treasuries to manage
liquidity. |
||
| Gross gains and losses on
sales for the year ended
December 31, 2008
primarily resulted from
the decision to reallocate
the portfolio to
securities with more
favorable risk/return
profiles. Also included
was a gain of $141 from
the sale of a synthetic
CDO. |
|||
Net OTTI losses
|
| For further information,
see Other- Than-Temporary
Impairments within the
Investment Credit Risk
section of the MD&A. |
||
Variable annuity hedge program
|
| See Note 4 of the Notes to
the Consolidated Financial
Statements for a
discussion of the gains
related to the variable
annuity hedge program. |
||
GMAB/GMWB/GMIB reinsurance
|
| The net gain on these
reinsurance contracts was
primarily due to an
increase in interest
rates, an increase in the
Japan equity markets, a
decline in Japan equity
market volatility, and
liability model assumption
updates for credit
standing. |
||
Coinsurance and modified coinsurance
reinsurance contracts
|
| Under the reinsurance
agreement with an
affiliate, the gains
experienced from the GMAB,
GMWB, and GMIB reinsurance
along with the net gains
from liability model
assumption updates, lower
volatility, increases in
long-term interest rates,
and rising equity markets
on the US GMWB are ceded
to the affiliated
reinsurer and result in a
realized loss. |
||
Other, net
|
| Other, net losses for the
year ended December 31,
2009 primarily resulted
from net losses of $329 on
credit derivatives where
the company purchased
credit protection due to
credit spread tightening
and $289 related to net
additions to valuation
allowances on impaired
mortgage loans. These
losses were partially
offset by gains of $128 on
credit derivatives that
assume credit risk due to
credit spread tightening,
as well as $191 from a
change in spot rates
related to transactional
foreign currency
predominately on the
internal reinsurance of
the Japan variable annuity
business, which is offset
in accumulated other
comprehensive income
(AOCI). |
||
| Other, net losses for the
year ended December 31,
2008 were primarily
related to net losses of
$295 related to
transactional foreign
currency predominately on
the internal reinsurance
of the Japan variable
annuity business, which is
offset in AOCI, resulting
from appreciation of the
yen, as well as credit
derivatives losses of $191
due to significant credit
spread widening. Also
included were derivative
related losses of $39 due
to counterparty default
related to the bankruptcy
of Lehman Brothers
Holdings Inc. |
|||
| Other, net losses for the
year ended December 31,
2007 were primarily driven
by the change in value of
non-qualifying derivatives
due to credit spread
widening, as well as
fluctuations in interest
rates and foreign currency
exchange rates. |
14
INVESTMENT CREDIT RISK
The Company has established investment credit policies that focus on the credit quality of obligors
and counterparties, limit credit concentrations, encourage diversification and require frequent
creditworthiness reviews. Investment activity, including setting of policy and defining acceptable
risk levels, is subject to regular review and approval by senior management.
The Company invests primarily in securities which are rated investment grade and has established
exposure limits, diversification standards and review procedures for all credit risks including
borrower, issuer and counterparty. Creditworthiness of specific obligors is determined by
consideration of external determinants of creditworthiness, typically ratings assigned by
nationally recognized ratings agencies and is supplemented by an internal credit evaluation.
Obligor, asset sector and industry concentrations are subject to established Company limits and are
monitored on a regular basis.
The Company is not exposed to any credit concentration risk of a single issuer greater than 10% of
the Companys stockholders equity other than U.S. government and government agencies backed by the
full faith and credit of the U.S. government. For further discussion of concentration of credit
risk, see the Concentration of Credit Risk section in Note 4 of the Notes to the Consolidated
Financial Statements.
Derivative Instruments
In the normal course of business, the Company uses various derivative counterparties in executing
its derivative transactions. The use of counterparties creates credit risk that the counterparty
may not perform in accordance with the terms of the derivative transaction. The Company has
developed a derivative counterparty exposure policy which limits the Companys exposure to credit
risk.
The derivative counterparty exposure policy establishes market-based credit limits, favors
long-term financial stability and creditworthiness of the counterparty and typically requires
credit enhancement/credit risk reducing agreements.
The Company minimizes the credit risk of derivative instruments by entering into transactions with
high quality counterparties rated A2/A or better, which are monitored by the Companys internal
compliance unit and reviewed frequently by senior management. In addition, the Company monitors
counterparty credit exposure on a monthly basis to ensure compliance with Company policies and
statutory limitations. The Company also maintains a policy of requiring that derivative contracts,
other than exchange traded contracts, certain currency forward contracts, and certain embedded and
reinsurance derivatives, be governed by an International Swaps and Derivatives Association Master
Agreement, which is structured by legal entity and by counterparty and permits right of offset.
The Company has developed credit exposure thresholds which are based upon counterparty ratings.
Credit exposures are measured using the market value of the derivatives, resulting in amounts owed
to the Company by its counterparties or potential payment obligations from the Company to its
counterparties. Credit exposures are generally quantified daily based on the prior business days
market value and collateral is pledged to and held by, or on behalf of, the Company to the extent
the current value of derivatives exceeds the contractual thresholds. In accordance with industry
standards and the contractual agreements, collateral is typically settled on the next business day.
The Company has exposure to credit risk for amounts below the exposure thresholds which are
uncollateralized as well as for market fluctuations that may occur between contractual settlement
periods of collateral movements.
The maximum uncollateralized threshold for a derivative counterparty for a single legal entity is
$10. The Company currently transacts over-the-counter derivatives in two legal entities and
therefore the maximum combined threshold for a single counterparty over all legal entities that use
derivatives is $20. In addition, the Company may have exposure to multiple counterparties in a
single corporate family due to a common credit support provider. As of December 31, 2009, the
maximum combined threshold for all counterparties under a single credit support provider over all
legal entities that use derivatives is $40. Based on the contractual terms of the collateral
agreements, these thresholds may be immediately reduced due to a downgrade in a counterpartys
credit rating. For further discussion, see the Derivative Commitments section of Note 9 of the
Notes to Consolidated Financial Statements.
For the year ended December 31, 2009, the Company has incurred no losses on derivative instruments
due to counterparty default.
In addition to counterparty credit risk, the Company enters into credit default swaps to manage
credit exposure. Credit default swaps involve a transfer of credit risk of one or many referenced
entities from one party to another in exchange for periodic payments. The party that purchases
credit protection will make periodic payments based on an agreed upon rate and notional amount, and
for certain transactions there will also be an upfront premium payment. The second party, who sells
credit protection, will typically only make a payment if there is a credit event and such payment
will be equal to the notional value of the swap contract less the value of the referenced security
issuers debt obligation. A credit event is generally defined as default on contractually obligated
interest or principal payments or bankruptcy of the referenced entity.
15
The Company uses credit derivatives to purchase credit protection and, to a lesser extent, assume
credit risk with respect to a single entity, referenced index, or asset pool. The Company purchases
credit protection through credit default swaps to economically hedge and manage credit risk of
certain fixed maturity investments across multiple sectors of the investment portfolio. The Company
has also entered into credit default swaps that assume credit risk as part of replication
transactions. Replication transactions are used as an economical means to synthetically replicate
the characteristics and performance of assets that would otherwise be permissible investments under
the Companys investment policies. These swaps reference investment grade single corporate issuers
and baskets, which include trades ranging from baskets of up to five corporate issuers to standard
and customized diversified portfolios of corporate issuers. The baskets of diversified portfolios
are established within sector concentration limits and are typically divided into tranches which
possess different credit ratings ranging from AAA through the CCC rated first loss position.
Investments
The following table presents the Companys fixed maturities by credit quality. The ratings
referenced below are based on the ratings of a nationally recognized rating organization or, if not
rated, assigned based on the Companys internal analysis of such securities.
Fixed Maturities by Credit Quality
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||
Percent | Percent | |||||||||||||||||||||||
of Total | of Total | |||||||||||||||||||||||
Amortized | Fair | Fair | Amortized | Fair | Fair | |||||||||||||||||||
Cost | Value | Value | Cost | Value | Value | |||||||||||||||||||
U.S. government/government agencies |
$ | 4,707 | $ | 4,552 | 11.3 | % | $ | 7,200 | $ | 7,289 | 18.4 | % | ||||||||||||
AAA |
6,564 | 5,966 | 14.8 | % | 10,316 | 7,368 | 18.6 | % | ||||||||||||||||
AA |
6,701 | 5,867 | 14.5 | % | 7,304 | 5,704 | 14.4 | % | ||||||||||||||||
A |
11,957 | 11,093 | 27.4 | % | 11,590 | 9,626 | 24.4 | % | ||||||||||||||||
BBB |
11,269 | 10,704 | 26.5 | % | 10,292 | 8,288 | 21.0 | % | ||||||||||||||||
BB & below |
3,086 | 2,221 | 5.5 | % | 1,742 | 1,285 | 3.2 | % | ||||||||||||||||
Total fixed maturities |
$ | 44,284 | $ | 40,403 | 100.0 | % | $ | 48,444 | $ | 39,560 | 100.0 | % | ||||||||||||
The movement within the Companys investment ratings was primarily attributable to rating agency
downgrades across multiple sectors and sales of U.S. Treasuries that were re-deployed to securities
with more favorable risk profiles, in particular investment grade corporate securities. The ratings
associated with the Companys commercial mortgage backed-securities (CMBS), commercial real
estate (CRE) collateralized debt obligations (CDOs) and residential mortgage-backed securities
(RMBS) may be negatively impacted as rating agencies continue to make changes to their
methodologies and monitor security performance.
16
The following table presents the Companys AFS securities by type.
Available-for-Sale Securities by Type | |||||||||||||||||||||||||||||||||||||||||||
December 31, 2009 | December 31, 2008 | ||||||||||||||||||||||||||||||||||||||||||
Cost or | Gross | Gross | Percent of | Cost or | Gross | Gross | Percent of | ||||||||||||||||||||||||||||||||||||
Amortized | Unrealized | Unrealized | Fair | Total Fair | Amortized | Unrealized | Unrealized | Fair | Total Fair | ||||||||||||||||||||||||||||||||||
Cost | Gains | Losses | Value | Value | Cost | Gains | Losses | Value | Value | ||||||||||||||||||||||||||||||||||
Asset-backed securities
(ABS) |
|||||||||||||||||||||||||||||||||||||||||||
Consumer loans |
$ | 1,596 | $ | 13 | $ | (248 | ) | $ | 1,361 | 3.4 | % | $ | 1,880 | $ | | $ | (512 | ) | $ | 1,368 | 3.4 | % | |||||||||||||||||||||
Small business |
418 | | (185 | ) | 233 | 0.6 | % | 428 | | (197 | ) | 231 | 0.6 | % | |||||||||||||||||||||||||||||
Other |
330 | 18 | (39 | ) | 309 | 0.8 | % | 482 | 5 | (110 | ) | 377 | 1.0 | % | |||||||||||||||||||||||||||||
CDOs |
|||||||||||||||||||||||||||||||||||||||||||
CLOs(1) |
1,997 | | (208 | ) | 1,789 | 4.4 | % | 2,107 | | (537 | ) | 1,570 | 4.0 | % | |||||||||||||||||||||||||||||
CRE |
1,157 | 14 | (804 | ) | 367 | 0.9 | % | 1,566 | 2 | (1,170 | ) | 398 | 1.0 | % | |||||||||||||||||||||||||||||
Other |
4 | 5 | | 9 | | 19 | | (6 | ) | 13 | | ||||||||||||||||||||||||||||||||
CMBS |
|||||||||||||||||||||||||||||||||||||||||||
Agency backed(2) |
62 | 3 | | 65 | 0.2 | % | 243 | 8 | | 251 | 0.6 | % | |||||||||||||||||||||||||||||||
Bonds |
6,138 | 33 | (1,519 | ) | 4,652 | 11.5 | % | 7,160 | 1 | (2,719 | ) | 4,442 | 11.2 | % | |||||||||||||||||||||||||||||
Interest only (IOs) |
644 | 40 | (36 | ) | 648 | 1.6 | % | 840 | 12 | (196 | ) | 656 | 1.7 | % | |||||||||||||||||||||||||||||
Corporate |
|||||||||||||||||||||||||||||||||||||||||||
Basic industry |
1,794 | 78 | (45 | ) | 1,827 | 4.5 | % | 1,459 | 5 | (233 | ) | 1,231 | 3.1 | % | |||||||||||||||||||||||||||||
Capital goods |
2,078 | 100 | (33 | ) | 2,145 | 5.3 | % | 1,656 | 26 | (201 | ) | 1,481 | 3.7 | % | |||||||||||||||||||||||||||||
Consumer cyclical |
1,324 | 53 | (33 | ) | 1,344 | 3.3 | % | 1,588 | 29 | (244 | ) | 1,373 | 3.5 | % | |||||||||||||||||||||||||||||
Consumer non-cyclical |
3,260 | 205 | (15 | ) | 3,450 | 8.6 | % | 2,455 | 46 | (172 | ) | 2,329 | 5.9 | % | |||||||||||||||||||||||||||||
Energy |
2,239 | 130 | (13 | ) | 2,356 | 5.8 | % | 1,320 | 19 | (118 | ) | 1,221 | 3.1 | % | |||||||||||||||||||||||||||||
Financial services |
5,054 | 84 | (590 | ) | 4,548 | 11.3 | % | 5,563 | 163 | (994 | ) | 4,732 | 12.0 | % | |||||||||||||||||||||||||||||
Tech./comm |
2,671 | 145 | (40 | ) | 2,776 | 6.9 | % | 2,597 | 69 | (248 | ) | 2,418 | 6.1 | % | |||||||||||||||||||||||||||||
Transportation |
544 | 16 | (19 | ) | 541 | 1.3 | % | 410 | 8 | (67 | ) | 351 | 0.9 | % | |||||||||||||||||||||||||||||
Utilities |
3,790 | 161 | (52 | ) | 3,899 | 9.7 | % | 3,189 | 76 | (376 | ) | 2,889 | 7.3 | % | |||||||||||||||||||||||||||||
Other(3) |
867 | 13 | (99 | ) | 781 | 1.9 | % | 1,015 | | (305 | ) | 710 | 1.8 | % | |||||||||||||||||||||||||||||
Foreign govt./govt. agencies |
824 | 35 | (13 | ) | 846 | 2.1 | % | 2,094 | 86 | (33 | ) | 2,147 | 5.4 | % | |||||||||||||||||||||||||||||
Municipal |
971 | 3 | (194 | ) | 780 | 1.9 | % | 917 | 8 | (220 | ) | 705 | 1.8 | % | |||||||||||||||||||||||||||||
RMBS |
|||||||||||||||||||||||||||||||||||||||||||
Agency |
2,088 | 63 | (5 | ) | 2,146 | 5.3 | % | 1,924 | 53 | (8 | ) | 1,969 | 5.0 | % | |||||||||||||||||||||||||||||
Non-agency |
125 | | (14 | ) | 111 | 0.3 | % | 159 | | (43 | ) | 116 | 0.3 | % | |||||||||||||||||||||||||||||
Alt-A |
187 | | (52 | ) | 135 | 0.3 | % | 256 | | (90 | ) | 166 | 0.4 | % | |||||||||||||||||||||||||||||
Sub-prime |
1,565 | 5 | (626 | ) | 944 | 2.3 | % | 2,084 | 4 | (741 | ) | 1,347 | 3.4 | % | |||||||||||||||||||||||||||||
U.S. Treasuries |
2,557 | 5 | (221 | ) | 2,341 | 5.8 | % | 5,033 | 75 | (39 | ) | 5,069 | 12.8 | % | |||||||||||||||||||||||||||||
Total fixed maturities |
44,284 | 1,222 | (5,103 | ) | 40,403 | 100.0 | % | 48,444 | 695 | (9,579 | ) | 39,560 | 100.0 | % | |||||||||||||||||||||||||||||
Equity securities |
|||||||||||||||||||||||||||||||||||||||||||
Financial Services |
273 | 4 | (51 | ) | 226 | 334 | | (107 | ) | 227 | |||||||||||||||||||||||||||||||||
Other |
174 | 34 | (15 | ) | 193 | 280 | 4 | (77 | ) | 207 | |||||||||||||||||||||||||||||||||
Total equity securities |
447 | 38 | (66 | ) | 419 | 614 | 4 | (184 | ) | 434 | |||||||||||||||||||||||||||||||||
Total AFS securities |
$ | 44,731 | $ | 1,260 | $ | (5,169 | ) | $ | 40,822 | $ | 49,058 | $ | 699 | $ | (9,763 | ) | $ | 39,994 | |||||||||||||||||||||||||
(1) | As of December 31, 2009, 80% of these senior secured bank loan
collateralized loan obligations (CLOs) were rated AA and above
with an average subordination of 29%. |
|
(2) | Represents securities with pools of loans by the Small Business
Administration whose issued loans are backed by the full faith
and credit of the U.S. government. |
|
(3) | Includes structured investments with an amortized cost and fair
value of $332 and $268, respectively, as of December 31, 2009 and
$326 and $222, respectively, as of December 31, 2008. The
underlying securities supporting these investments are primarily
diversified pools of investment grade corporate issuers which can
withstand a 15% cumulative default rate, assuming a 35% recovery. |
The Company reallocated its AFS investment portfolio to securities with more favorable risk
profiles, in particular investment grade corporate securities, while reducing its exposure to real
estate related securities. Additionally, the Company reduced its allocation to U.S. Treasuries in
order to manage liquidity. The Companys AFS net unrealized loss position decreased as a result of
improved security valuations due to credit spread tightening, partially offset by rising interest
rates and a $738 before-tax cumulative effect of accounting change related to impairments. For
further discussion on the accounting change, see Note 1 of the Notes to Consolidated Financial
Statements. The following sections highlight the Companys significant investment sectors.
17
Financial Services
Several positive developments occurred in the financial services sectors during the second half of
2009. Earnings for large domestic banks surpassed expectations and losses for banks that underwent
the Supervisory Capital Assessment Program (SCAP), or stress test, were less than the Federal
Reserves projections. Unrealized losses on banks investment portfolios decreased as credit
spreads tightened and the pace of deterioration of the credit quality of certain assets slowed.
Banks and insurance firms were also able to access re-opened debt capital markets, reducing their
dependence on government guarantee programs and enhancing their liquidity positions. In addition,
certain financial institutions were able to improve their junior capital ratios through common
equity capital raises, exchanges and tenders. Despite these positive developments, financial
services companies continue to face a difficult macroeconomic environment and regulatory
uncertainty which could affect future earnings.
The Company has exposure to the financial services sector predominantly through banking and
insurance firms. The following table presents the Companys exposure to the financial services
sector included in the AFS Securities by Type table above. A comparison of fair value to amortized
cost is not indicative of the pricing of individual securities as impairments have occurred.
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||
Percent of | Percent of | |||||||||||||||||||||||
Amortized | Total Fair | Amortized | Total Fair | |||||||||||||||||||||
Cost | Fair Value | Value | Cost | Fair Value | Value | |||||||||||||||||||
AAA |
$ | 151 | $ | 152 | 3.2 | % | $ | 463 | $ | 394 | 8.0 | % | ||||||||||||
AA |
1,311 | 1,273 | 26.7 | % | 1,422 | 1,240 | 25.0 | % | ||||||||||||||||
A |
2,702 | 2,373 | 49.7 | % | 3,386 | 2,834 | 57.1 | % | ||||||||||||||||
BBB |
805 | 681 | 14.2 | % | 537 | 411 | 8.3 | % | ||||||||||||||||
BB & below |
358 | 295 | 6.2 | % | 89 | 80 | 1.6 | % | ||||||||||||||||
Total(1) |
$ | 5,327 | $ | 4,774 | 100.0 | % | $ | 5,897 | $ | 4,959 | 100.0 | % | ||||||||||||
(1) | The credit qualities above include downgrades that have shifted the
portfolio from higher rated assets to lower rated assets since
December 31, 2008. |
18
Sub-Prime Residential Mortgage Loans
The following table presents the Companys exposure to RMBS supported by sub-prime mortgage loans
by current credit quality and vintage year included in the AFS Securities by Type table above.
These securities have been affected by deterioration in collateral performance caused by declining
home prices and continued macroeconomic pressures including higher unemployment levels. A
comparison of fair value to amortized cost is not indicative of the pricing of individual
securities as impairments have occurred. Credit protection represents the current weighted average
percentage, excluding wrapped securities, of the outstanding capital structure subordinated to the
Companys investment holding that is available to absorb losses before the security incurs the
first dollar loss of principal. The ratings associated with the Companys RMBS may be negatively
impacted as rating agencies make changes to their methodologies and continue to monitor security
performance.
Sub-Prime Residential Mortgage Loans(1)(2)(3)(4)(5)
December 31, 2009 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 20 | $ | 15 | $ | 54 | $ | 43 | $ | 63 | $ | 43 | $ | 14 | $ | 9 | $ | 55 | $ | 33 | $ | 206 | $ | 143 | ||||||||||||||||||||||||
2004 |
79 | 66 | 243 | 178 | 60 | 37 | 6 | 4 | | | 388 | 285 | ||||||||||||||||||||||||||||||||||||
2005 |
56 | 31 | 263 | 190 | 134 | 83 | 84 | 25 | 142 | 37 | 679 | 366 | ||||||||||||||||||||||||||||||||||||
2006 |
4 | 3 | 11 | 8 | 11 | 8 | 27 | 10 | 133 | 65 | 186 | 94 | ||||||||||||||||||||||||||||||||||||
2007 |
| | | | | | | | 106 | 56 | 106 | 56 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 159 | $ | 115 | $ | 571 | $ | 419 | $ | 268 | $ | 171 | $ | 131 | $ | 48 | $ | 436 | $ | 191 | $ | 1,565 | $ | 944 | ||||||||||||||||||||||||
Credit protection |
46.1 | % | 54.4 | % | 41.1 | % | 36.5 | % | 25.8 | % | 41.8 | % | ||||||||||||||||||||||||||||||||||||
December 31, 2008 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 26 | $ | 22 | $ | 129 | $ | 109 | $ | 48 | $ | 35 | $ | 17 | $ | 13 | $ | 34 | $ | 19 | $ | 254 | $ | 198 | ||||||||||||||||||||||||
2004 |
108 | 79 | 303 | 240 | | | 8 | 7 | | | 419 | 326 | ||||||||||||||||||||||||||||||||||||
2005 |
73 | 56 | 525 | 353 | 138 | 70 | 24 | 16 | 22 | 18 | 782 | 513 | ||||||||||||||||||||||||||||||||||||
2006 |
45 | 41 | 109 | 50 | 10 | 5 | 87 | 35 | 96 | 36 | 347 | 167 | ||||||||||||||||||||||||||||||||||||
2007 |
42 | 27 | 40 | 9 | 33 | 15 | 35 | 19 | 132 | 73 | 282 | 143 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 294 | $ | 225 | $ | 1,106 | $ | 761 | $ | 229 | $ | 125 | $ | 171 | $ | 90 | $ | 284 | $ | 146 | $ | 2,084 | $ | 1,347 | ||||||||||||||||||||||||
Credit
protection |
39.3 | % | 48.3 | % | 32.1 | % | 23.5 | % | 20.1 | % | 41.4 | % | ||||||||||||||||||||||||||||||||||||
(1) | The vintage year represents the year the underlying loans in the pool were originated. |
|
(2) | Includes second lien residential mortgages with an amortized cost and fair value of $33 and $28, respectively,
as of December 31, 2009 and $120 and $60, respectively, as of December 31, 2008, which are composed primarily of
loans to prime and Alt-A borrowers. |
|
(3) | As of December 31, 2009, the weighted average life of the sub-prime residential mortgage portfolio was 4.5 years. |
|
(4) | Approximately 94% of the portfolio is backed by adjustable rate mortgages. |
|
(5) | The credit qualities above include downgrades that have shifted the portfolio from higher rated assets to lower
rated assets since December 31, 2008. |
19
Commercial Mortgage Loans
The Company observed significant pressure on commercial real estate market fundamentals throughout
2009 including increased vacancies, rising delinquencies and declining property values and expects
continued pressure in the upcoming year. The following tables present the Companys exposure to
CMBS bonds, CRE CDOs and CMBS IOs by current credit quality and vintage year, included in the AFS
Securities by Type table above. A comparison of fair value to amortized cost is not indicative of
the pricing of individual securities as impairments have occurred. Credit protection represents the
current weighted average percentage of the outstanding capital structure subordinated to the
Companys investment holding that is available to absorb losses before the security incurs the
first dollar loss of principal. This credit protection does not include any equity interest or
property value in excess of outstanding debt. The ratings associated with the Companys CMBS and
CRE CDOs may be negatively impacted as rating agencies continue to make changes to their
methodologies and monitor security performance.
CMBS Bonds(1)(2)
December 31, 2009 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 1,198 | $ | 1,192 | $ | 159 | $ | 120 | $ | 50 | $ | 34 | $ | 14 | $ | 13 | $ | 6 | $ | 4 | $ | 1,427 | $ | 1,363 | ||||||||||||||||||||||||
2004 |
342 | 338 | 61 | 39 | 27 | 17 | 15 | 7 | | | 445 | 401 | ||||||||||||||||||||||||||||||||||||
2005 |
490 | 449 | 199 | 133 | 126 | 72 | 87 | 54 | 61 | 45 | 963 | 753 | ||||||||||||||||||||||||||||||||||||
2006 |
1,293 | 1,091 | 374 | 238 | 377 | 167 | 244 | 95 | 199 | 71 | 2,487 | 1,662 | ||||||||||||||||||||||||||||||||||||
2007 |
283 | 223 | 36 | 24 | 116 | 42 | 180 | 88 | 201 | 96 | 816 | 473 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 3,606 | $ | 3,293 | $ | 829 | $ | 554 | $ | 696 | $ | 332 | $ | 540 | $ | 257 | $ | 467 | $ | 216 | $ | 6,138 | $ | 4,652 | ||||||||||||||||||||||||
Credit protection |
27.4 | % | 21.5 | % | 13.3 | % | 11.7 | % | 9.1 | % | 22.2 | % | ||||||||||||||||||||||||||||||||||||
December 31, 2008 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 1,492 | $ | 1,365 | $ | 259 | $ | 179 | $ | 71 | $ | 40 | $ | 11 | $ | 8 | $ | 23 | $ | 16 | $ | 1,856 | $ | 1,608 | ||||||||||||||||||||||||
2004 |
365 | 317 | 53 | 22 | 41 | 15 | 20 | 8 | | | 479 | 362 | ||||||||||||||||||||||||||||||||||||
2005 |
561 | 428 | 243 | 93 | 235 | 109 | 48 | 23 | | | 1,087 | 653 | ||||||||||||||||||||||||||||||||||||
2006 |
1,732 | 1,025 | 228 | 76 | 353 | 140 | 354 | 129 | 39 | 12 | 2,706 | 1,382 | ||||||||||||||||||||||||||||||||||||
2007 |
528 | 256 | 263 | 90 | 102 | 31 | 134 | 59 | 5 | 1 | 1,032 | 437 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 4,678 | $ | 3,391 | $ | 1,046 | $ | 460 | $ | 802 | $ | 335 | $ | 567 | $ | 227 | $ | 67 | $ | 29 | $ | 7,160 | $ | 4,442 | ||||||||||||||||||||||||
Credit protection |
24.7 | % | 18.6 | % | 12.6 | % | 4.9 | % | 4.3 | % | 20.6 | % | ||||||||||||||||||||||||||||||||||||
(1) | The vintage year represents the year the pool of loans was originated. |
|
(2) | The credit qualities above include downgrades that have shifted the
portfolio from higher rated assets to lower rated assets since
December 31, 2008. |
CRE CDOs(1)(2)(3)(4)
December 31, 2009 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 37 | $ | 24 | $ | 30 | $ | 15 | $ | 65 | $ | 24 | $ | 143 | $ | 38 | $ | 53 | $ | 7 | $ | 328 | $ | 108 | ||||||||||||||||||||||||
2004 |
18 | 11 | 70 | 22 | 33 | 8 | 24 | 3 | 20 | 3 | 165 | 47 | ||||||||||||||||||||||||||||||||||||
2005 |
16 | 8 | 73 | 12 | 23 | 6 | 39 | 5 | 22 | 5 | 173 | 36 | ||||||||||||||||||||||||||||||||||||
2006 |
23 | 12 | 108 | 33 | 76 | 23 | 62 | 20 | 21 | 10 | 290 | 98 | ||||||||||||||||||||||||||||||||||||
2007 |
51 | 26 | 12 | 3 | 20 | 5 | 26 | 8 | 15 | 10 | 124 | 52 | ||||||||||||||||||||||||||||||||||||
2008 |
17 | 9 | | | 5 | 1 | 15 | 4 | 13 | 3 | 50 | 17 | ||||||||||||||||||||||||||||||||||||
2009 |
12 | 6 | | | 2 | | 4 | 1 | 9 | 2 | 27 | 9 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 174 | $ | 96 | $ | 293 | $ | 85 | $ | 224 | $ | 67 | $ | 313 | $ | 79 | $ | 153 | $ | 40 | $ | 1,157 | $ | 367 | ||||||||||||||||||||||||
Credit protection |
39.9 | % | 10.9 | % | 22.4 | % | 35.0 | % | 31.3 | % | 26.8 | % | ||||||||||||||||||||||||||||||||||||
December 31, 2008 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 127 | $ | 43 | $ | 90 | $ | 28 | $ | 59 | $ | 14 | $ | 48 | $ | 6 | $ | 30 | $ | 5 | $ | 354 | $ | 96 | ||||||||||||||||||||||||
2004 |
118 | 35 | 16 | 5 | 31 | 9 | 12 | 2 | 13 | 2 | 190 | 53 | ||||||||||||||||||||||||||||||||||||
2005 |
71 | 29 | 58 | 12 | 56 | 10 | 10 | 2 | 1 | | 196 | 53 | ||||||||||||||||||||||||||||||||||||
2006 |
222 | 68 | 83 | 18 | 74 | 19 | 15 | 2 | | | 394 | 107 | ||||||||||||||||||||||||||||||||||||
2007 |
126 | 40 | 106 | 19 | 101 | 10 | 11 | 1 | | | 344 | 70 | ||||||||||||||||||||||||||||||||||||
2008 |
39 | 11 | 22 | 5 | 24 | 3 | 3 | | | | 88 | 19 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 703 | $ | 226 | $ | 375 | $ | 87 | $ | 345 | $ | 65 | $ | 99 | $ | 13 | $ | 44 | $ | 7 | $ | 1,566 | $ | 398 | ||||||||||||||||||||||||
Credit protection |
27.1 | % | 21.3 | % | 17.9 | % | 17.0 | % | 57.5 | % | 23.9 | % | ||||||||||||||||||||||||||||||||||||
(1) | The vintage year represents the year that the underlying
collateral in the pool was originated. Individual CDO fair value
is allocated by the proportion of collateral within each vintage
year. |
|
(2) | As of December 31, 2009, approximately 37% of the underlying CRE
CDOs collateral are seasoned, below investment grade securities. |
|
(3) | For certain CRE CDOs, the collateral manager has the ability to
reinvest proceeds that become available, primarily from
collateral maturities. The increase in the 2008 and 2009 vintage
years represents reinvestment under these CRE CDOs. |
|
(4) | The credit qualities above include downgrades that have shifted
the portfolio from higher rated assets to lower rated assets
since December 31, 2008. |
20
CMBS IOs(1)(2)
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||||||||||||||||||||||||||
AAA | A | BBB | BB and Below | Total | AAA | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
2003 & Prior |
$ | 224 | $ | 241 | $ | | $ | | $ | | $ | | $ | | $ | | $ | 224 | $ | 241 | $ | 295 | $ | 287 | ||||||||||||||||||||||||
2004 |
123 | 130 | | | | | | | 123 | 130 | 158 | 119 | ||||||||||||||||||||||||||||||||||||
2005 |
160 | 156 | | | 1 | 1 | | | 161 | 157 | 200 | 136 | ||||||||||||||||||||||||||||||||||||
2006 |
79 | 68 | 2 | 1 | | | 1 | 1 | 82 | 70 | 93 | 54 | ||||||||||||||||||||||||||||||||||||
2007 |
54 | 50 | | | | | | | 54 | 50 | 94 | 60 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 640 | $ | 645 | $ | 2 | $ | 1 | $ | 1 | $ | 1 | $ | 1 | $ | 1 | $ | 644 | $ | 648 | $ | 840 | $ | 656 | ||||||||||||||||||||||||
(1) | The vintage year represents the year the pool of loans was originated. |
|
(2) | The credit qualities above include downgrades that have shifted the
portfolio from higher rated assets to lower rated assets since
December 31, 2008. |
In addition to CMBS, the Company has exposure to commercial mortgage loans as presented in the
following table. These loans are collateralized by a variety of commercial properties and are
diversified both geographically throughout the United States and by property type. These loans may
be either in the form of a whole loan, where the Company is the sole lender, or a loan
participation. Loan participations are loans where the Company has purchased or retained a portion
of an outstanding loan or package of loans and participates on a pro-rata basis in collecting
interest and principal pursuant to the terms of the participation agreement. In general, A-Note
participations have senior payment priority, followed by B-Note participations and then mezzanine
loan participations. As of December 31, 2009, loans within the Companys mortgage loan portfolio
have had minimal extensions or restructurings. The recent deterioration in the global real estate
market, as evidenced by increases in property vacancy rates, delinquencies and foreclosures, has
negatively impacted property values and sources of refinancing and should these trends continue,
additional increases in the Companys valuation allowance for mortgage loans may result.
Commercial Mortgage Loans
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||
Amortized | Valuation | Carrying | Amortized | Valuation | Carrying | |||||||||||||||||||
Cost(1) | Allowance | Value | Cost(1) | Allowance | Value | |||||||||||||||||||
Whole loans |
$ | 2,505 | $ | (26 | ) | $ | 2,479 | $ | 2,707 | $ | (2 | ) | $ | 2,705 | ||||||||||
A-Note participations |
326 | | 326 | 335 | | 335 | ||||||||||||||||||
B-Note participations |
508 | (131 | ) | 377 | 562 | | 562 | |||||||||||||||||
Mezzanine loans |
856 | (100 | ) | 756 | 859 | | 859 | |||||||||||||||||
Total(2) |
$ | 4,195 | $ | (257 | ) | $ | 3,938 | $ | 4,463 | $ | (2 | ) | $ | 4,461 | ||||||||||
(1) | Amortized cost represents carrying value prior to valuation allowances, if any. |
|
(2) | Excludes agricultural mortgage loans. For further information on the total
mortgage loan portfolio, see Note 4 of the Notes to Consolidated Financial
Statements. |
Included in the table above are valuation allowances on mortgage loans held for sale associated
with B-note participations and mezzanine loans of $36 and $40, respectively, which had a carrying
value of $38 and $85, respectively, as of December 31, 2009.
At origination, the weighted average loan-to-value (LTV) rate of the Companys commercial
mortgage loan portfolio was approximately 63%. As of December 31, 2009, the current weighted
average LTV was approximately 81%. LTV rates compare the loan amount to the value of the underlying
property collateralizing the loan. The loan values are updated periodically through property level
reviews of the portfolio. Factors considered in the property valuation include, but are not limited
to, actual and expected property cash flows, geographic market data and capitalization rates.
21
ABS Consumer Loans
The following table presents the Companys exposure to ABS consumer loans by credit quality,
included in the AFS Securities by Type table above. Currently, the Company expects its ABS consumer
loan holdings will continue to pay contractual principal and interest payments due to the ultimate
expected borrower repayment performance and structural credit enhancements, which remain sufficient
to absorb a significantly higher level of defaults than are currently anticipated.
December 31, 2009 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
Auto(1) |
$ | 69 | $ | 71 | $ | 47 | $ | 46 | $ | 96 | $ | 96 | $ | 83 | $ | 83 | $ | 11 | $ | 8 | $ | 306 | $ | 304 | ||||||||||||||||||||||||
Credit card |
422 | 431 | | | 26 | 25 | 153 | 143 | | | 601 | 599 | ||||||||||||||||||||||||||||||||||||
Student loan(2) |
271 | 168 | 300 | 229 | 118 | 61 | | | | | 689 | 458 | ||||||||||||||||||||||||||||||||||||
Total(3) |
$ | 762 | $ | 670 | $ | 347 | $ | 275 | $ | 240 | $ | 182 | $ | 236 | $ | 226 | $ | 11 | $ | 8 | $ | 1,596 | $ | 1,361 | ||||||||||||||||||||||||
December 31, 2008 | ||||||||||||||||||||||||||||||||||||||||||||||||
AAA | AA | A | BBB | BB and Below | Total | |||||||||||||||||||||||||||||||||||||||||||
Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | Amortized | Fair | |||||||||||||||||||||||||||||||||||||
Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | Cost | Value | |||||||||||||||||||||||||||||||||||||
Auto |
$ | 108 | $ | 84 | $ | 7 | $ | 6 | $ | 142 | $ | 103 | $ | 160 | $ | 123 | $ | 15 | $ | 10 | $ | 432 | $ | 326 | ||||||||||||||||||||||||
Credit card |
313 | 273 | 6 | 4 | 97 | 86 | 278 | 197 | 57 | 39 | 751 | 599 | ||||||||||||||||||||||||||||||||||||
Student loan |
272 | 143 | 306 | 229 | 119 | 71 | | | | | 697 | 443 | ||||||||||||||||||||||||||||||||||||
Total |
$ | 693 | $ | 500 | $ | 319 | $ | 239 | $ | 358 | $ | 260 | $ | 438 | $ | 320 | $ | 72 | $ | 49 | $ | 1,880 | $ | 1,368 | ||||||||||||||||||||||||
(1) | As of December 31, 2009, approximately 9% of the auto consumer
loan-backed securities were issued by lenders whose primary business
is to sub-prime borrowers. |
|
(2) | As of December 31, 2009, approximately half of the student loan-backed
exposure is guaranteed by the Federal Family Education Loan Program,
with the remainder comprised of loans to prime borrowers. |
|
(3) | The credit qualities above include downgrades that have shifted the
portfolio from higher rated assets to lower rated assets since
December 31, 2008. |
Limited Partnerships and Other Alternative Investments
The following table presents the Companys investments in limited partnerships and other
alternative investments which include hedge funds, mortgage and real estate funds, mezzanine debt
funds, and private equity and other funds. Hedge funds include investments in funds of funds and
direct funds. Mortgage and real estate funds consist of investments in funds whose assets consist
of mortgage loans, mortgage loan participations, mezzanine loans or other notes which may be below
investment grade quality, as well as equity real estate and real estate joint ventures. Mezzanine
debt funds include investments in funds whose assets consist of subordinated debt that often
incorporates equity-based options such as warrants and a limited amount of direct equity
investments. Private equity and other funds primarily consist of investments in funds whose assets
typically consist of a diversified pool of investments in small non-public businesses with high
growth potential.
December 31, 2009 | December 31, 2008 | |||||||||||||||
Amount | Percent | Amount | Percent | |||||||||||||
Hedge funds |
$ | 105 | 13.8 | % | $ | 263 | 25.5 | % | ||||||||
Mortgage and real estate funds |
124 | 16.4 | % | 228 | 22.1 | % | ||||||||||
Mezzanine debt funds |
66 | 8.7 | % | 78 | 7.5 | % | ||||||||||
Private equity and other funds |
464 | 61.1 | % | 464 | 44.9 | % | ||||||||||
Total |
$ | 759 | 100.0 | % | $ | 1,033 | 100.0 | % | ||||||||
Limited partnerships and other alternative investments decreased primarily due to hedge fund
redemptions and negative re-valuations of the underlying investments associated primarily with the
real estate markets.
22
Security Unrealized Loss Aging
As part of the Companys ongoing security monitoring process, the Company has reviewed its AFS
securities in an unrealized loss position and concluded that there were no additional impairments
as of December 31, 2009 and 2008 and that these securities have sufficient expected future cash
flows to recover the entire amortized cost basis, are temporarily depressed and are expected to
recover in value as the securities approach maturity or as CMBS and sub-prime RMBS market spreads
return to more normalized levels.
Most of the securities depressed over 20% for nine months or more are supported by real estate
related assets, specifically investment grade CMBS bonds, sub-prime RMBS and CRE CDOs, and have a
weighted average current rating of A. Current market spreads continue to be significantly wider for
securities supported by real estate related assets, as compared to spreads at the securitys
respective purchase date, largely due to the continued effects of the recession and the economic
and market uncertainties regarding future performance of commercial and residential real estate.
The Company reviewed these securities as part of its impairment evaluation process. The Companys
best estimate of future cash flows utilized in its impairment process involves both macroeconomic
and security specific assumptions that may differ based on asset class, vintage year and property
location including, but not limited to, historical and projected default and recovery rates,
current and expected future delinquency rates, property value declines and the impact of obligor
re-financing. For these securities in an unrealized loss position where a credit impairment has not
been recorded, the Companys best estimate of expected future cash flows are sufficient to recover
the amortized cost basis of the security.
For further discussion on the Companys ongoing impairment evaluation process and the factors
considered in determining whether a credit impairment exists, see the Recognition and Presentation
of Other-Than-Temporary Impairments Section in Note 4 of the Notes to Consolidated Financial
Statements.
The following table presents the Companys unrealized loss aging for AFS securities by length of
time the security was in a continuous unrealized loss position.
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||||||||||
Cost or | Cost or | |||||||||||||||||||||||||||||||
Amortized | Fair | Unrealized | Amortized | Fair | Unrealized | |||||||||||||||||||||||||||
Items | Cost | Value | Loss | Items | Cost | Value | Loss | |||||||||||||||||||||||||
Three months or less |
766 | $ | 5,878 | $ | 5,622 | $ | (256 | ) | 1,039 | $ | 11,458 | $ | 10,538 | $ | (920 | ) | ||||||||||||||||
Greater than three to six months |
39 | 161 | 143 | (18 | ) | 596 | 3,599 | 2,817 | (782 | ) | ||||||||||||||||||||||
Greater than six to nine months |
172 | 1,106 | 931 | (175 | ) | 535 | 4,554 | 3,735 | (819 | ) | ||||||||||||||||||||||
Greater than nine to twelve months |
62 | 1,501 | 1,205 | (296 | ) | 360 | 3,107 | 2,183 | (924 | ) | ||||||||||||||||||||||
Greater than twelve months |
1,434 | 15,309 | 10,885 | (4,424 | ) | 1,626 | 16,303 | 9,985 | (6,318 | ) | ||||||||||||||||||||||
Total |
2,473 | $ | 23,955 | $ | 18,786 | $ | (5,169 | ) | 4,156 | $ | 39,021 | $ | 29,258 | $ | (9,763 | ) | ||||||||||||||||
The following tables present the Companys unrealized loss aging for AFS securities continuously
depressed over 20% by length of time.
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||||||||||
Cost or | Cost or | |||||||||||||||||||||||||||||||
Amortized | Fair | Unrealized | Amortized | Fair | Unrealized | |||||||||||||||||||||||||||
Consecutive Months | Items | Cost | Value | Loss | Items | Cost | Value | Loss | ||||||||||||||||||||||||
Three months or less |
79 | $ | 591 | $ | 395 | $ | (196 | ) | 1,216 | $ | 14,145 | $ | 8,749 | $ | (5,396 | ) | ||||||||||||||||
Greater than three to six months |
16 | 52 | 36 | (16 | ) | 147 | 1,360 | 568 | (792 | ) | ||||||||||||||||||||||
Greater than six to nine months |
99 | 1,237 | 844 | (393 | ) | 103 | 1,318 | 560 | (758 | ) | ||||||||||||||||||||||
Greater than nine to twelve months |
67 | 1,201 | 801 | (400 | ) | 154 | 1,562 | 503 | (1,059 | ) | ||||||||||||||||||||||
Greater than twelve months |
585 | 6,235 | 3,115 | (3,120 | ) | 31 | 311 | 57 | (254 | ) | ||||||||||||||||||||||
Total |
846 | $ | 9,316 | $ | 5,191 | $ | (4,125 | ) | 1,651 | $ | 18,696 | $ | 10,437 | $ | (8,259 | ) | ||||||||||||||||
The following tables present the Companys unrealized loss aging for AFS securities (included in
the tables above) continuously depressed over 50% by length of time.
December 31, 2009 | December 31, 2008 | |||||||||||||||||||||||||||||||
Cost or | Cost or | |||||||||||||||||||||||||||||||
Amortized | Fair | Unrealized | Amortized | Fair | Unrealized | |||||||||||||||||||||||||||
Consecutive Months | Items | Cost | Value | Loss | Items | Cost | Value | Loss | ||||||||||||||||||||||||
Three months or less |
42 | $ | 132 | $ | 46 | $ | (86 | ) | 504 | $ | 5,904 | $ | 2,068 | $ | (3,836 | ) | ||||||||||||||||
Greater than three to six months |
11 | 5 | 2 | (3 | ) | 37 | 299 | 50 | (249 | ) | ||||||||||||||||||||||
Greater than six to nine months |
51 | 175 | 69 | (106 | ) | 24 | 194 | 32 | (162 | ) | ||||||||||||||||||||||
Greater than nine to twelve months |
52 | 499 | 173 | (326 | ) | 2 | 7 | 1 | (6 | ) | ||||||||||||||||||||||
Greater than twelve months |
205 | 2,105 | 601 | (1,504 | ) | | | | | |||||||||||||||||||||||
Total |
361 | $ | 2,916 | $ | 891 | $ | (2,025 | ) | 567 | $ | 6,404 | $ | 2,151 | $ | (4,253 | ) | ||||||||||||||||
23
Other-Than-Temporary Impairments
The following table presents the Companys impairments recognized in earnings by type.
For the Years Ended December 31, | ||||||||||||
2009 | 2008 | 2007 | ||||||||||
ABS |
$ | 50 | $ | 11 | $ | 18 | ||||||
CDOs |
||||||||||||
CREs |
421 | 212 | | |||||||||
Other |
23 | | | |||||||||
CMBS |
||||||||||||
Bonds |
140 | 55 | 6 | |||||||||
IOs |
17 | 68 | | |||||||||
Corporate |
||||||||||||
Financial services |
126 | 803 | 40 | |||||||||
Other |
50 | 325 | 64 | |||||||||
Equity securities |
||||||||||||
Financial services |
62 | 128 | | |||||||||
Other |
47 | 28 | 18 | |||||||||
Foreign govt./govt. agencies |
| 14 | 5 | |||||||||
Municipal |
| 1 | | |||||||||
RMBS |
||||||||||||
Non-agency |
4 | 13 | | |||||||||
Alt-A |
46 | 16 | | |||||||||
Sub-prime |
204 | 214 | 188 | |||||||||
U.S. Treasuries |
2 | | | |||||||||
Total |
$ | 1,192 | $ | 1,888 | $ | 339 | ||||||
Year ended December 31, 2009
Impairments recognized in earnings were comprised of credit impairments of $965, impairments on
debt securities for which the Company intended to sell of $127 and impairments on equity securities
of $100.
Credit impairments were primarily concentrated on structured securities, mainly CRE CDOs,
below-prime RMBS and CMBS bonds. These securities were impaired primarily due to increased severity
in macroeconomic assumptions and continued deterioration of the underlying collateral. The Company
determined these impairments utilizing both a top down modeling approach and, for certain real
estate-backed securities, a loan by loan collateral review. The top down modeling approach used
discounted cash flow models that considered losses under current and expected future economic
conditions. Assumptions used over the current recessionary period included macroeconomic factors,
such as a high unemployment rate, as well as sector specific factors including, but not limited to:
| Commercial property value declines that averaged 40% to 45% from the valuation peak but
differed by property type and location. |
|
| Average cumulative CMBS collateral loss rates that varied by vintage year but reached
approximately 12% for the 2007 vintage year. |
|
| Residential property value declines that averaged 40% to 45% from the valuation peak but
differed by location. |
|
| Average cumulative RMBS collateral loss rates that varied by vintage year but reached
approximately 50% for the 2007 vintage year. |
In addition to the top down modeling approach, the Company reviewed the underlying collateral of
certain of its real estate-backed securities to estimate potential future losses. This review
included loan by loan underwriting utilizing assumptions about expected future collateral cash
flows discounted at the securitys book yield prior to impairment. The expected future cash flows
included projected rental rates and occupancy levels that varied based on property type and
sub-market. Impairments are recorded to the lower discounted value between the top down modeling
approach and loan by loan collateral review.
Impairments on securities for which the Company had the intent to sell were primarily on corporate
financial services securities where the Company had an active plan to dispose of the securities.
Impairments on equity securities were primarily on below investment grade hybrid securities that
had been depressed 20% for six continuous months.
24
In addition to the credit impairments recognized in earnings, the Company recognized $530 of
non-credit impairments in other comprehensive income, predominately concentrated in RMBS and CRE
CDOs. These non-credit impairments represent the difference between the fair value and the
Companys best estimate of expected future cash flows discounted at the securitys effective yield
prior to impairment, rather than at current credit spreads. The non-credit impairments primarily
represent increases in market liquidity premiums and credit spread widening that occurred after the
securities were purchased. In general, larger liquidity premiums and wider credit spreads are the
result of deterioration of the underlying collateral performance of the securities, as well as the
risk premium required to reflect future uncertainty in the real estate market.
Future impairments may develop as the result of changes in intent to sell or if actual results
underperform current modeling assumptions, which may be the result of, but are not limited to,
macroeconomic factors, changes in assumptions used and property performance below current
expectations.
Year ended December 31, 2008
Impairments were primarily concentrated in subordinated fixed maturities within the financial
services sector, as well as in sub-prime RMBS and CRE CDOs. The remaining impairments were
primarily recorded on securities in various sectors that experienced significant credit spread
widening and for which the Company was uncertain of its intent to retain the investments for a
period of time sufficient to allow for recovery.
Year ended December 31, 2007
Impairments were primarily concentrated in securitized assets backed by sub-prime RMBS and
corporate fixed maturities primarily within the financial services and home builders sectors. The
remaining impairments were primarily recorded on securities in various sectors that had declined in
value for which the Company was uncertain of its intent to retain the investments for a period of
time sufficient to allow for recovery.
25
CAPITAL MARKETS RISK MANAGEMENT
The Company has a disciplined approach to managing risks associated with its capital markets and
asset/liability management activities. Investment portfolio management is organized to focus
investment management expertise on the specific classes of investments, while asset/liability
management is the responsibility of a dedicated risk management unit supporting the Company.
Derivative instruments are utilized in compliance with established Company policy and regulatory
requirements and are monitored internally and reviewed by senior management.
The Company utilizes a variety of over-the-counter and exchange traded derivative instruments as a
part of its overall risk management strategy, as well as to enter into replication transactions.
Derivative instruments are used to manage risk associated with interest rate, equity market, credit
spread, issuer default, price, and currency exchange rate risk or volatility. Replication
transactions are used as an economical means to synthetically replicate the characteristics and
performance of assets that would otherwise be permissible investments under the Companys
investment policies. For further information, see Note 4 of the Notes to Consolidated Financial
Statements.
Derivative activities are monitored and evaluated by the Companys risk management team and
reviewed by senior management. In addition, the Company monitors counterparty credit exposure on a
monthly basis to ensure compliance with Company policies and statutory limitations. The notional
amounts of derivative contracts represent the basis upon which pay or receive amounts are
calculated and are not reflective of credit risk. For further information on the Companys use of
derivatives, see Note 4 of the Notes to Consolidated Financial Statements.
Market Risk
The Company is exposed to market risk, primarily relating to the market price and/or cash flow
variability associated with changes in interest rates, credit spreads including issuer defaults,
equity prices or market indices, and foreign currency exchange rates. The Company is also exposed
to credit and counterparty repayment risk.
Interest Rate Risk
The Companys exposure to interest rate risk relates to the market price and/or cash flow
variability associated with changes in market interest rates. The Company manages its exposure to
interest rate risk by constructing investment portfolios that maintain asset allocation limits and
asset/liability duration matching targets which include the use of derivatives. The Company
analyzes interest rate risk using various models including parametric models and cash flow
simulation of the liabilities and the supporting investments, including derivative instruments
under various market scenarios. Measures the Company uses to quantify its exposure to interest rate
risk inherent in its invested assets and interest rate sensitive liabilities include duration,
convexity and key rate duration. Duration is the weighted average term-to-maturity of a securitys
cash flows and is used to approximate the percentage change in the price of a security for a given
change in market interest rates. For example, a duration of 5 means the price of the security will
change by approximately 5% for a 1% change in interest rates. Convexity is used to approximate how
the duration of a security changes as interest rates change. As duration in convexity calculations
assume parallel yield curve shifts, key rate duration analysis considers price sensitivity to
changes in various interest rate terms-to-maturity. Key rate duration analysis enables the Company
to estimate the price change of a security assuming non-parallel interest rate movements.
To calculate duration, convexity and key rate duration, projections of asset and liability cash
flows are discounted to a present value using interest rate assumptions. These cash flows are then
revalued at alternative interest rate levels to determine the percentage change in fair value due
to an incremental change in rates. Cash flows from corporate obligations are assumed to be
consistent with the contractual payment streams on a yield to worst basis. Yield to worst is the
lowest possible yield when all potential call dates prior to maturity are considered. The primary
assumptions used in calculating cash flow projections include expected asset payment streams taking
into account prepayment speeds, issuer call options and contract holder behavior. Mortgage-backed
and asset-backed securities are modeled based on estimates of the rate of future prepayments of
principal over the remaining life of the securities. These estimates are developed by incorporating
collateral surveillance and anticipated future market dynamics. Actual prepayment experience may
vary from these estimates.
The Company is also exposed to interest rate risk based upon the discount rate assumption
associated with the Parents pension and other postretirement benefit obligations. The discount
rate assumption is based upon an interest rate yield curve comprised of bonds rated Aa with
maturities primarily between zero and thirty years. For further discussion of interest rate risk
associated with the benefit obligations, see Pension and Other Postretirement Benefit Obligations
within the Critical Accounting Estimates section of the MD&A and Note 14 of Notes to Consolidated
Financial Statements.
In addition, management evaluates performance of certain products based on net investment spread
which is, in part, influenced by changes in interest rates. For further discussion, see the
Consolidated Results section of the MD&A.
26
As interest rates decline, certain mortgage-backed securities are more susceptible to paydowns and
prepayments. During such periods, the Company generally will not be able to reinvest the proceeds
at comparable yields. Lower interest rates will also likely result in lower net investment income,
increased hedging cost associated with variable annuities and, if declines are sustained for a long
period of time, it may subject the Company to reinvestment risks, higher pension costs expense and
possibly reduced profit margins associated with guaranteed crediting rates on certain products.
Conversely, the fair value of the investment portfolio will increase when interest rates decline
and the Companys interest expense will be lower on its variable rate debt obligations.
The Company believes that an increase in interest rates from the current levels is generally a
favorable development for the Company. Rate increases are expected to provide additional net
investment income, increase sales of fixed rate investment products, reduce the cost of the
variable annuity hedging program, limit the potential risk of margin erosion due to minimum
guaranteed crediting rates in certain products and, if sustained, could reduce the Companys
prospective pension expense. Conversely, a rise in interest rates will reduce the fair value of the
investment portfolio, increase interest expense on the Companys variable rate debt obligations
and, if long-term interest rates rise dramatically within a six to twelve month time period,
certain businesses may be exposed to disintermediation risk. Disintermediation risk refers to the
risk that policyholders will surrender their contracts in a rising interest rate environment
requiring the Company to liquidate assets in an unrealized loss position. In conjunction with the
interest rate risk measurement and management techniques, certain of the Companys fixed income
product offerings have market value adjustment provisions at contract surrender. An increase in
interest rates may also impact the Companys tax planning strategies and in particular its ability
to utilize tax benefits to offset certain previously recognized realized capital losses.
The investments and liabilities primarily associated with interest rate risk are included in the
following discussion. Certain product liabilities, including those containing GMWB, GMIB, GMAB, or
GMDB, expose the Company to interest rate risk but also have significant equity risk. These
liabilities are discussed as part of the Equity Risk section below.
Fixed Maturity Investments
The Companys investment portfolios primarily consist of investment grade fixed maturity
securities. The fair value of fixed maturities was $40.4 billion and $39.6 billion at December 31,
2009 and 2008, respectively. The fair value of fixed maturities and other invested assets
fluctuates depending on the interest rate environment and other general economic conditions. The
weighted average duration of the fixed maturity portfolio was approximately 5.2 years as of
December 31, 2009 and 2008, respectively.
Liabilities
The Companys investment contracts and certain insurance product liabilities, other than
non-guaranteed separate accounts, include asset accumulation vehicles such as fixed annuities,
guaranteed investment contracts, other investment and universal life-type contracts and certain
insurance products such as long-term disability.
Asset accumulation vehicles primarily require a fixed rate payment, often for a specified period of
time. Product examples include fixed rate annuities with a market value adjustment feature and
fixed rate guaranteed investment contracts. The term to maturity of these contracts generally range
from less than one year to ten years. In addition, certain products such as universal life
contracts and the general account portion of variable annuity products, credit interest to
policyholders subject to market conditions and minimum interest rate guarantees. The term to
maturity of these products is short to intermediate.
While interest rate risk associated with many of these products has been reduced through the use of
market value adjustment features and surrender charges, the primary risk associated with these
products is that the spread between investment return and credited rate may not be sufficient to
earn targeted returns.
The Company also manages the risk of certain insurance liabilities similarly to investment type
products due to the relative predictability of the aggregate cash flow payment streams. Products in
this category may contain significant actuarial (including mortality and morbidity) pricing and
cash flow risks. Product examples include structured settlement contracts, on-benefit annuities
(i.e., the annuitant is currently receiving benefits thereon) and short-term and long-term
disability contracts. The cash outflows associated with these policy liabilities are not interest
rate sensitive but do vary based on the timing and amount of benefit payments. The primary risks
associated with these products are that the benefits will exceed expected actuarial pricing and/or
that the actual timing of the cash flows will differ from those anticipated, resulting in an
investment return lower than that assumed in pricing. Average contract duration can range from less
than one year to typically up to fifteen years.
27
Derivatives
The Company utilizes a variety of derivative instruments to mitigate interest rate risk. Interest
rate swaps are primarily used to convert interest receipts or payments to a fixed or variable rate.
The use of such swaps enables the Company to customize contract terms and conditions to customer
objectives and satisfies its asset/liability duration matching policy. Interest rate swaps are also
used to hedge the variability in the cash flow of a forecasted purchase or sale of fixed rate
securities due to changes in interest rates. Forward rate agreements are used to convert interest
receipts on floating-rate securities to fixed rates. These derivatives are used to lock in the
forward interest rate curve and reduce income volatility that results from changes in interest
rates. Interest rate caps, floors, swaptions, and futures are primarily used to manage portfolio
duration.
At December 31, 2009 and 2008, notional amounts pertaining to derivatives utilized to manage
interest rate risk totaled $16.0 billion and $14.2 billion, respectively ($12.6 billion and $12.3
billion, respectively, related to investments and $3.4 billion and $1.9 billion, respectively,
related to life liabilities). The fair value of these derivatives was ($47) and $247 as of December
31, 2009 and 2008, respectively.
Calculated Interest Rate Sensitivity
The after-tax change in the net economic value of investment contracts (e.g., guaranteed investment
contracts) and certain insurance product liabilities (e.g., short-term and long-term disability
contracts), for which the payment rates are fixed at contract issuance and the investment
experience is substantially absorbed by the Company, are included in the following table along with
the corresponding invested assets. Also included in this analysis are the interest rate sensitive
derivatives used by the Company to hedge its exposure to interest rate risk. Certain financial
instruments, such as limited partnerships and other alternative investments, have been omitted from
the analysis due to the fact that the investments are accounted for under the equity method and
generally lack sensitivity to interest rate changes. The calculation of the estimated hypothetical
change in net economic value below assumes a 100 basis point upward and downward parallel shift in
the yield curve.
Change in Net Economic Value as of December 31, | ||||||||||||||||
2009 | 2008 | |||||||||||||||
Basis point shift |
-100 | + 100 | -100 | + 100 | ||||||||||||
Amount |
$ | (11 | ) | $ | (7 | ) | $ | (133 | ) | $ | 84 | |||||
The fixed liabilities included above represented approximately 61% and 59% of the Companys general
account liabilities as of December 31, 2009 and 2008, respectively. The assets supporting the fixed
liabilities are monitored and managed within rigorous duration guidelines, and are evaluated on a
monthly basis, as well as annually using scenario simulation techniques in compliance with
regulatory requirements.
The following table provides an analysis showing the estimated after-tax change in the fair value
of the Companys fixed maturity investments and related derivatives, assuming 100 basis point
upward and downward parallel shifts in the yield curve as of December 31, 2009 and 2008. Certain
financial instruments, such as limited partnerships and other alternative investments, have been
omitted from the analysis due to the fact that the investments are accounted for under the equity
method and generally lack sensitivity to interest rate changes.
Change in Fair Value as of December 31, | ||||||||||||||||
2009 | 2008 | |||||||||||||||
Basis point shift |
-100 | + 100 | -100 | + 100 | ||||||||||||
Amount |
$ | 939 | $ | (864 | ) | $ | 458 | $ | (434 | ) | ||||||
The selection of the 100 basis point parallel shift in the yield curve was made only as an
illustration of the potential hypothetical impact of such an event and should not be construed as a
prediction of future market events. Actual results could differ materially from those illustrated
above due to the nature of the estimates and assumptions used in the above analysis. The Companys
sensitivity analysis calculation assumes that the composition of invested assets and liabilities
remain materially consistent throughout the year and that the current relationship between
short-term and long-term interest rates will remain constant over time. As a result, these
calculations may not fully capture the impact of portfolio re-allocations, significant product
sales or non-parallel changes in interest rates.
Credit Risk
The Company is exposed to credit risk within our investment portfolio and through counterparties.
Credit risk relates to the uncertainty of an obligors continued ability to make timely payments in
accordance with the contractual terms of the instrument or contract. The Company manages credit
risk through established investment credit policies which address quality of obligors and
counterparties, credit concentration limits, diversification requirements and acceptable risk
levels under expected and stressed scenarios. These policies are regularly reviewed and approved by
senior management.
28
The derivative counterparty exposure policy establishes market-based credit limits, favors
long-term financial stability and creditworthiness of the counterparty and typically requires
credit enhancement/credit risk reducing agreements. The Company minimizes the credit risk in
derivative instruments by entering into transactions with high quality counterparties rated A2/A or
better, which are monitored and evaluated by the Companys risk management team and reviewed by
senior management. In addition, the Company monitors counterparty credit exposure on a monthly
basis to ensure compliance with Company policies and statutory limitations. For further information
on derivative counterparty credit risk, see the Investment Credit Risk section of the MD&A.
In addition to counterparty credit risk, the Company enters into credit derivative instruments to
manage credit exposure. The Company purchases credit protection through credit default swaps to
economically hedge and manage credit risk of certain fixed maturity investments across multiple
sectors of the investment portfolio. The Company has also entered into credit default swaps that
assume credit risk to synthetically replicate the characteristics and performance of assets that
would otherwise be permissible investments under the Companys investment policies. Credit spread
widening will generally result in an increase in fair value of derivatives that purchase credit
protection and a decrease in fair value of derivatives that assume credit risk. These derivatives
do not receive hedge accounting treatment and, as such, changes in fair value are reported through
earnings. As of December 31, 2009 and 2008, the notional amount related to credit derivatives that
purchase credit protection was $1.9 billion and $2.6 billion, respectively, while the fair value
was ($34) and $246, respectively. As of December 31, 2009 and 2008, the notional amount related to
credit derivatives that assume credit risk was $902 and $940, respectively, while the fair value
was ($176) and ($309), respectively. For further information on credit derivatives, see the
Investment Credit Risk section of the MD&A and Note 4 of the Notes to Consolidated Financial
Statements.
The Company is also exposed to credit spread risk related to security market price and cash flows
associated with changes in credit spreads. Credit spread widening will reduce the fair value of the
investment portfolio and will increase net investment income on new purchases. If issuer credit
spreads increase significantly or for an extended period of time, it may result in higher
impairment losses. Credit spread tightening will reduce net investment income associated with new
purchases of fixed maturities and increase the fair value of the investment portfolio. For further
discussion of sectors most significantly impacted, see the Investment Credit Risk section of the
MD&A. Also, for a discussion of the movement of credit spread impacts on the Companys statutory
financial results as it relates to the accounting and reporting for market value fixed annuities,
see the Capital Resources & Liquidity section of the MD&A.
Equity Risk
The Company does not have significant equity risk exposure from invested assets. The Companys
primary exposure to equity risk relates to the potential for lower earnings associated with certain
of its businesses such as variable annuities where fee income is earned based upon the fair value
of the assets under management. During 2009, the Companys fee income declined $404 or 10%. In
addition, the Company offers certain guaranteed benefits, primarily associated with variable
annuity products, which increases the Companys potential benefit exposure as the equity markets
decline.
Foreign Currency Exchange Risk
The Companys foreign currency exchange risk is related to non-U.S. dollar denominated investments,
which primarily consist of fixed maturity investments, the investment in and net income of the U.K.
life operations, and non-U.S. dollar denominated liability contracts, including its GMDB, GMAB,
GMWB and GMIB benefits associated with its reinsurance of Japanese variable annuities, and a yen
denominated individual fixed annuity product. A portion of the Companys foreign currency exposure
is mitigated through the use of derivatives.
Fixed Maturity Investments
The risk associated with the non-U.S. dollar denominated fixed maturities relates to potential
decreases in value and income resulting from unfavorable changes in foreign exchange rates. The
fair value of the non-U.S. dollar denominated fixed maturities, which are primarily denominated in
euro, sterling, yen and Canadian dollars, at December 31, 2009 and 2008, were approximately $549
and $2.9 billion, respectively.
In order to manage its currency exposures, the Company enters into foreign currency swaps and
forwards to hedge the variability in cash flows associated with certain foreign denominated fixed
maturities. These foreign currency swap and forward agreements are structured to match the foreign
currency cash flows of the hedged foreign denominated securities. At December 31, 2009 and 2008,
the derivatives used to hedge currency exchange risk related to non-U.S. dollar denominated fixed
maturities had a total notional amount of $316 and $1.2 billion, respectively, and total fair value
of ($22) and $8 respectively.
29
Based on the fair values of the Companys non-U.S. dollar denominated securities and
derivative instruments as of December 31, 2009 and 2008, management estimates that a 10%
unfavorable change in exchange rates would decrease the fair values by a before-tax total of
approximately $21 and $171, respectively. The estimated impact was based upon a 10% change in
December 31 spot rates. The selection of the 10% unfavorable change was made only for illustration
of the potential hypothetical impact of such an event and should not be construed as a prediction
of future market events. Actual results could differ materially from those illustrated above due to
the nature of the estimates and assumptions used in the above analysis.
Liabilities
The Company issues non-U.S. dollar denominated funding agreement liability contracts. The Company
hedges the foreign currency risk associated with these liability contracts with currency rate
swaps. At December 31, 2009 and 2008, the derivatives used to hedge foreign currency exchange risk
related to foreign denominated liability contracts had a total notional amount of $814 and $820,
respectively, and a total fair value of ($2) and ($76), respectively.
The Company enters into foreign currency forward and option contracts that convert euros to yen in
order to economically hedge the foreign currency risk associated with certain Japanese variable
annuity products. As of December 31, 2009 and 2008, the derivatives used to hedge foreign currency
risk associated with Japanese variable annuity products had a total notional amount of $257 and
$259, respectively, and a total fair value of ($8) and $35, respectively.
The yen based fixed annuity product is written by HLIKK and ceded to the Company. The underlying
investment involves investing in U.S. securities markets, which offer favorable credit spreads. The
yen denominated fixed annuity product (yen fixed annuities) assumed is recorded in the
consolidated balance sheets with invested assets denominated in U.S. dollars while policyholder
liabilities are denominated in yen and converted to U.S. dollars based upon the December 31, 2009
yen to U.S. dollar spot rate. The difference between U.S. dollar denominated investments and yen
denominated liabilities exposes the Company to currency risk. The Company manages this currency
risk associated with the yen fixed annuities primarily with pay variable U.S. dollar and receive
fixed yen currency swaps. As of December 31, 2009 and 2008, the notional value of the currency
swaps was $2.3 billion and the fair value was $316 and $383, respectively. Although economically an
effective hedge, a divergence between the yen denominated fixed annuity product liability and the
currency swaps exists primarily due to the difference in the basis of accounting between the
liability and the derivative instruments (i.e. historical cost versus fair value). The yen
denominated fixed annuity product liabilities are recorded on a historical cost basis and are only
adjusted for changes in foreign spot rates and accrued income. The currency swaps are recorded at
fair value incorporating changes in value due to changes in forward foreign exchange rates,
interest rates and accrued income. A before-tax net gain of $47 and $64 for the years ended
December 31, 2009 and 2008, respectively, which includes the changes in value of the currency
swaps, excluding net periodic coupon settlements, and the yen fixed annuity contract remeasurement,
was recorded in net realized capital gains and losses.
Equity Product Risk
The Companys equity product risk is managed at the consolidated level of The Hartford Financial
Services Group (HFSG). The disclosures in the following equity product risk section are
reflective of the risk management program, including reinsurance with third parties and the dynamic
and macro derivative hedging programs which are structured at a parent company level. The following
disclosures are also reflective of the Companys reinsurance of the majority of variable annuities
with living and death benefit riders to an affiliate, effective October 1, 2009. See Note 16,
Transactions with Affiliates, of the Notes to Consolidated Financial Statements for further
information on the reinsurance transaction.
The Companys operations are significantly influenced by the U.S., Japanese and other global equity
markets. Increases or decreases in equity markets impact certain assets and liabilities related to
the Companys variable products and the Companys earnings derived from those products. These
variable products include variable annuities, mutual funds, and variable life insurance.
Generally, declines in equity markets will:
| reduce the value of assets under management and the amount of fee income generated from those
assets; |
|
| increase the liability for direct GMWB benefits, and reinsured GMWB and GMIB benefits,
resulting in realized capital losses; |
|
| increase the value of derivative assets used to hedge product guarantees resulting in
realized capital gains; |
|
| increase costs under the Companys hedging program; |
|
| increase the Companys net amount at risk for GMDB benefits; |
|
| decrease the Companys actual gross profits, resulting increased DAC amortization; |
|
| increase the amount of required statutory capital necessary to maintain targeted risk based
capital ratios; |
|
| turn customer sentiment toward equity-linked products negative, causing a decline in sales;
and |
30
| decrease the Companys estimated future gross profits See Estimated Gross Profits Used in the
Valuation and Amortization of Assets and Liabilities Associated with Variable Annuity and
Other Universal Life-Type Contracts within Critical Accounting Estimates for further
information. |
Generally, increases in equity markets will reduce the value of derivative assets used to provide a
macro hedge on statutory surplus, resulting in realized capital losses during periods of market
appreciation.
GMWB and Intercompany Reinsurance of GMWB, GMAB, and GMIB
The majority of the Companys U.S. and U.K. variable annuities include a GMWB rider. In the second
quarter of 2009, the Company suspended all new sales in the U.K. and Japan. The Companys new U.S.
variable annuity product, launched in October 2009, does not offer a GMWB. Declines in the equity
markets will increase the Companys liability for these benefits. A GMWB contract is in the money
if the contract holders guaranteed remaining benefit (GRB) becomes greater than the account
value. As of December 31, 2009 and December 31, 2008, 60% and 88%, respectively, of all unreinsured
U.S GMWB in-force contracts were in the money. For U.S. and U.K. GMWB contracts that were in
the money the Companys exposure to the GRB, after reinsurance, as of December 31, 2009 and
December 31, 2008, was $775 and $7.6 billion, respectively. However, the Company expects to incur
these payments in the future only if the policyholder has an in the money GMWB at their death or
their account value is reduced to a specified minimum level, through contractually permitted
withdrawals and/or market declines. If the account value is reduced to the specified level, the
contract holder will receive an annuity equal to the remaining GRB. For the Companys life-time
GMWB products, this annuity can continue beyond the GRB. As the account value fluctuates with
equity market returns on a daily basis and the life-time GMWB payments can exceed the GRB, the
ultimate amount to be paid by the Company, if any, is uncertain and could be significantly more or
less than $775. For additional information on the Companys GMWB liability, see Note 3 of the Notes
to Consolidated Financial Statements.
The Company enters into various reinsurance agreements to reinsure GMWB, GMAB and GMIB benefits
issued by HLIKK, a Japan affiliate of the Company. In the second quarter of 2009, the Company
suspended new product sales in the Companys Japan affiliate and in the fourth quarter the Company
reinsured 100% of the assumed benefits to an affiliated captive reinsurer. See Note 16,
Transactions with Affiliates, of the Notes to Consolidated Financial Statements for further
discussion.
GMDB and Intercompany Reinsurance of GMDB
The majority of the Companys variable annuity contracts include a GMDB rider. Declines in the
equity market will generally increase the Companys liability for GMDB riders. The Companys total
gross exposure (i.e. before reinsurance) to U.S. GMDBs as of December 31, 2009 is $18.4 billion.
The Company will incur these payments in the future only if the policyholder has an in-the-money
GMDB at their time of death. The Company currently reinsures 86% of these GMDB benefit guarantees.
Under certain of these reinsurance agreements, the reinsurers exposure is subject to an annual
cap. The Companys net exposure (i.e. after reinsurance) is $2.6 billion, as of December 31, 2009.
For additional information on the Companys GMDB liability, see Note 8 of the Notes to Consolidated
Financial Statements.
The Company enters into various reinsurance agreements to reinsure GMDB benefits issued by HLIKK, a
Japan affiliate of the Company. In the second quarter of 2009, the Company suspended new product
sales in the Companys Japan affiliate and in the fourth quarter the company reinsured 100% of the
assumed benefits to an affiliated captive reinsurer. See Note 16, Transactions with Affiliates, of
the Notes to Consolidated Financial Statements for further discussion.
Equity Product Risk Management
The Company has made considerable investment in analyzing market risk exposures arising from: GMDB,
GMWB and reinsurance of GMIB, GMWB, and GMDB); equity market and interest rate risks; and foreign
currency exchange rates. The Company evaluates these risks both individually and, in the aggregate,
to determine the financial risk of its products and to judge their potential impacts on U.S. GAAP
earnings and statutory surplus. The Company manages the equity market, interest rate and foreign
currency exchange risks embedded in its products through product design, reinsurance, customized
derivatives, and dynamic hedging and macro hedging programs. The Company recently launched a new
variable annuity product with reduced equity risk and has increased GMWB rider fees on new sales of
the Companys legacy variable annuities and the related in-force, as contractually permitted.
Depending upon competitors reactions with respect to products and related rider charges, the
Companys strategy of reducing product risk and increasing fees may cause a decline in market
share.
Third Party Reinsurance
The Company uses third party reinsurance for a portion of U.S. contracts issued with GMWB riders
prior to the third quarter of 2003. The Company also reinsures to a third party GMWB risks
associated with a block of business sold between the third quarter of 2003 and the second quarter
of 2006. The Company also uses third party reinsurance for a portion of the GMDB issued in the U.S.
31
Derivative Hedging Programs
The Companys derivative hedging programs are structured at a parent company level, as the Company
is a member of a controlled group of subsidiaries which are consolidated and reported by their
parent company HFSG. Certain portions of the derivative hedging program are held in the Company for
the purpose of hedging U.S. equity product risk within the controlled group.
The Company maintains derivative hedging programs for its product guarantee risk to meet multiple,
and in some cases, competing risk management objectives, including providing protection against
tail scenario equity market events, providing resources to pay product guarantee claims, and
minimizing U.S GAAP earnings volatility, statutory surplus volatility and other economic metrics.
The Company holds customized derivative contracts to provide protection from certain capital market
risk for the remaining term of specific blocks of non-reinsured GMWB riders. These customized
derivative contracts provide protection from capital markets risks based on policyholder behavior
assumptions specified at the inception of the derivative transactions. The Company retains the risk
for actual policyholder behavior that is different from assumptions within the customized
derivatives.
The Companys dynamic hedging program uses derivative instruments to manage the U.S. GAAP earnings
volatility associated with variable annuity product guarantees including equity market declines,
equity implied volatility, declines in interest rates and foreign currency exchange risk. The
Company uses hedging instruments including interest rate futures and swaps, variance swaps, S&P
500, NASDAQ and EAFE index put options and futures contracts. While the Company actively manages
this dynamic hedging program, increased U.S. GAAP earnings volatility may result from factors
including, but not limited to, policyholder behavior, capital markets, divergence between the
performance of the underlying funds and the hedging indices, and the relative emphasis placed on
various risk management objectives.
The Companys macro hedge program uses derivative instruments to partially hedge the statutory tail
scenario risk, arising from U.S. and Japan GMWB, GMDB, and GMIB statutory liabilities, on statutory
surplus and the associated RBC ratios. See Capital Resources and Liquidity for additional
information. The macro hedge program will result in additional cost and U.S. GAAP earnings
volatility in times of market increases as changes in the value of the macro hedge derivatives
which hedge statutory liabilities may not be closely aligned to U.S. GAAP liabilities.
See Note 4 of the Notes to Consolidated Financial Statements for additional information on hedging
derivatives.
The following table summarizes the Companys GMWB account value by type of risk management strategy
as of December 31, 2009:
% of | ||||||||||
GMWB | GMWB | |||||||||
Account | Account | |||||||||
Risk Management Strategy | Duration | Value | Value | |||||||
Entire GMWB risk reinsured with a third party |
Life of the product | $ | 5,173 | 11 | % | |||||
Dynamic hedging of capital markets risk using
various derivative instruments(1) |
Weighted average of 4 years(2) | $ | 7,828 | 17 | % | |||||
Entire GMWB risk reinsured with an affiliate |
Life of the product | $ | 32,505 | 72 | % | |||||
$ | 45,506 | 100 | % |
(1) | During 2009, the Company continued to maintain a reduced level of
dynamic hedge protection on U.S. GAAP earnings while placing a greater
relative emphasis on the protection of statutory surplus. This shift
in emphasis includes the macro hedge program. |
|
(2) | The weighted average of 4 years reflects varying durations by hedging
strategy and the impact of non-parallel shifts will increase U.S. GAAP
volatility. |
During the quarter ended December 31, 2009, U.S. GMWB liabilities, net of the dynamic and macro
hedging programs, reported a net realized pre-tax loss of ($154), net of reinsurance with third
parties and an affiliated captive reinsurer, primarily driven by increases in U.S. equity markets
offset by model assumption changes of $260, increases in interest rates, decreases in volatility
and the relative outperformance of the underlying actively managed funds as compared to their
respective indices. During the year ended December 31, 2009, U.S. GMWB liabilities, net of the
dynamic and macro hedging programs, reported a net realized pre-tax gain of $267, net of
reinsurance with third parties and an affiliated captive reinsurer, primarily driven by model
assumption changes of $566, increases in interest rates, decreases in volatility, the relative
outperformance of the underlying actively managed funds as compared to their respective indices,
and the impact of the Companys credit spread, partially offset by increases in U.S. equity
markets. See Note 3 of the Notes to Consolidated Financial Statements for description and impact of
the Companys credit spread and liability model assumption changes.
Equity Risk Impact on Statutory Capital and Risked Based Capital
See Ratings under Capital Resources and Liquidity for information on the equity risk impact on
statutory results.
32
CAPITAL RESOURCES AND LIQUIDITY
Capital resources and liquidity represent the overall strength of Hartford Life Insurance Company
and its ability to generate strong cash flows from each of the business segments, borrow funds at
competitive rates and raise new capital to meet operating and growth needs.
Derivative Commitments
Certain of the Companys derivative agreements contain provisions that are tied to the financial
strength ratings of the individual legal entity that entered into the derivative agreement as set
by nationally recognized statistical rating agencies. If the insurance operating entitys financial
strength were to fall below certain ratings, the counterparties to the derivative agreements could
demand immediate and ongoing full collateralization and in certain instances demand immediate
settlement of all outstanding derivative positions traded under each impacted bilateral agreement.
The settlement amount is determined by netting the derivative positions transacted under each
agreement. If the termination rights were to be exercised by the counterparties, it could impact
the insurance operating entitys ability to conduct hedging activities by increasing the associated
costs and decreasing the willingness of counterparties to transact with the insurance operating
entity. The aggregate fair value of all derivative instruments with credit-risk-related contingent
features that are in a net liability position as of December 31, 2009, is $473. Of this $473, the
insurance operating entities have posted collateral of $454 in the normal course of business. Based
on derivative market values as of December 31, 2009, a downgrade of one level below the current
financial strength ratings by either Moodys or S&P could require approximately an additional $23
to be posted as collateral. These collateral amounts could change as derivative market values
change, as a result of changes in our hedging activities or to the extent changes in contractual
terms are negotiated. The nature of the collateral that we may be required to post is primarily in
the form of U.S. Treasury bills and U.S. Treasury notes.
The table below presents the aggregate notional amount and fair value of derivative relationships
that could be subject to immediate termination in the event of further rating agency downgrades.
As of December 31, 2009 | ||||||||
Ratings levels | Notional Amount | Fair Value | ||||||
Either BBB+ or Baa1 |
$ | 4,138 | $ | 170 | ||||
Both BBB+ and Baa1(1)(2) |
$ | 12,373 | $ | 351 | ||||
(1) | The notional amount and fair value include both the scenario where
only one rating agency takes action to this level as well as where
both rating agencies take action to this level. |
|
(2) | The notional and fair value amounts include a customized GMWB
derivative with a notional amount of $5.4 billion and a fair value of
$137, for which the Company has a contractual right to make a
collateral payment in the amount of approximately $61 to prevent its
termination. |
33
Insurance Operations
As of December 31, 2009, the Companys total assets under management were $286.4 billion. Of the
total assets under management, approximately $217.8 billion is held in separate accounts, within
mutual funds or were held in international statutory separate accounts. Mutual funds are not
recorded on the Companys balance sheet. The remaining $68.5 billion was held in the Companys
general account supported by the Companys general account invested assets of $53.5 billion
including a significant short-term investment position to meet liquidity needs. As of December 31,
2009 and December 31, 2008, the Company held total fixed maturity investments of $45.5 billion and
$45.3 billion, respectively. As of December 31, 2009, the Companys cash and short-term investments
of $5.9 billion, included $833 of collateral received from, and held on behalf of, derivative
counterparties and $212 of collateral pledged to derivative counterparties. The Company also held
$2.3 billion of treasury securities, of which $454 had been pledged to derivative counterparties.
In the event customers elect to surrender separate account assets, international statutory separate
accounts or retail mutual funds, the Company will use the proceeds from the sale of the assets to
fund the surrender and the Companys liquidity position will not be impacted. In many instances the
Company will receive a percentage of the surrender amount as compensation for early surrender
(surrender charge), increasing the Companys liquidity position. In addition, a surrender of
variable annuity separate account or general account assets (see below) will decrease the Companys
obligation for payments on guaranteed living and death benefits.
Capital resources available to fund liquidity, upon contract holder surrender, is a function of the
legal entity in which the liquidity requirement resides. Generally, obligations of Global Annuity
and Life Insurance will be generally funded by both Hartford Life Insurance Company and Hartford
Life and Annuity Insurance Company; obligations of Retirement Plans will be generally funded by
Hartford Life Insurance Company; and obligations of the Companys European insurance operations
will be generally funded by the legal entity in the country in which the obligation was generated.
As of December 31, 2009, $11.0 billion of contract holder obligations relate to Global Annuitys
U.S. Fixed MVA annuities that are held in a statutory separate account, but under U.S. GAAP are
recorded in the general account as Fixed MVA annuity contract holders are subject to the Companys
credit risk. In the statutory separate account, the Company is required to maintain invested assets
with a fair value equal to the market value adjusted surrender value of the Fixed MVA contract. In
the event assets decline in value at a greater rate than the market value adjusted surrender value
of the Fixed MVA contract, the Company is required to contribute additional capital to the
statutory separate account. The Company will fund these required contributions with operating cash
flows and short-term investments. In the event that operating cash flows or short-term investments
are not sufficient to fund required contributions, the Company may have to sell other invested
assets at a loss, potentially resulting in a decrease to statutory surplus. As the fair value of
invested assets in the statutory separate account are generally equal to the market value adjusted
surrender value of the Fixed MVA contract, surrender of Fixed MVA annuities will have an
insignificant impact on the liquidity requirements of the Company.
Approximately $1.4 billion of GIC contracts are subject to discontinuance provisions which allow
the policyholders to terminate their contracts prior to scheduled maturity at the lesser of the
book value or market value. Generally, the market value adjustment is reflective of changes in
interest rates and credit spreads. As a result, the market value adjustment feature in the GIC
contract serves to protect the Company from interest rate risks and limit the Companys liquidity
requirements in the event of a surrender. At December 31, 2009 all policyholders with the ability
to terminate at book value after proper notice have exercised that option and have been paid out.
Surrenders of, or policy loans taken from, as applicable, the remaining $18.4 billion of general
account liabilities, which include the general account option for Global Annuitys U.S. individual
variable annuities and Life Insurances variable life contracts, the general account option for
Retirement Plans annuities and universal life contracts sold by Life Insurance may be funded
through operating cash flows of the Company, available short-term investments, or the Company may
be required to sell fixed maturity investments to fund the surrender payment. Sales of fixed
maturity investments could result in the recognition of significant realized losses and
insufficient proceeds to fully fund the surrender amount. In this circumstance, the Company may
need to acquire additional liquidity from The Hartford or take other actions, including enforcing
certain contract provisions which could restrict surrenders and/or slow or defer payouts.
Surrenders of term life and group benefits contracts will have no current effect on the Companys
liquidity requirements.
34
Debt
Consumer Notes
In 2008, the Company made the decision to discontinue future issuances of consumer notes; this
decision does not impact consumer notes currently outstanding.
In September 2006, the Company began issuing consumer notes through its Retail Investor Notes
Program. A consumer note is an investment product distributed through broker-dealers directly to
retail investors as medium-term, publicly traded fixed or floating rate, or a combination of fixed
and floating rate, notes. Consumer notes are part of the Companys spread-based business and
proceeds are used to purchase investment products, primarily fixed rate bonds. Proceeds are not
used for general operating purposes. Consumer notes maturities may extend up to 30 years and have
contractual coupons based upon varying interest rates or indexes (e.g. consumer price index) and
may include a call provision that allows the Company to extinguish the notes prior to its scheduled
maturity date. Certain consumer notes may be redeemed by the holder in the event of death.
Redemptions are subject to certain limitations, including calendar year aggregate and individual
limits. The aggregate limit is equal to the greater of $1 or 1% of the aggregate principal amount
of the notes as of the end of the prior year. The individual limit is $250 thousand per individual.
Derivative instruments are utilized to hedge the Companys exposure to market risks in accordance
with Company policy.
As of December 31, 2009 and 2008 $1,136 and $1,210, respectively, of consumer notes were
outstanding. As of December 31, 2009, these consumer notes have interest rates ranging from 4% to
6% for fixed notes and, for variable notes, based on December 31, 2009 rates, either consumer price
index plus 80 to 260 basis points, or indexed to the S&P 500, Dow Jones Industrials, foreign
currency, or the Nikkei 225. The aggregate maturities of Consumer Notes are as follows: $24 in
2010, $120 in 2011, $274 in 2012 and $200 in 2013, and $518 thereafter. For 2009 , 2008, and 2007,
interest credited to holders of consumer notes was $51, $59, and $11 respectively.
Off-Balance Sheet Arrangements and Aggregate Contractual Obligations
The following table identifies the Companys contractual obligations as of December 31, 2009:
Payments Due by Period | ||||||||||||||||||||
Less than | More than | |||||||||||||||||||
Total | 1 year | 1-3 years | 3-5 years | 5 years | ||||||||||||||||
Operating leases(1) |
$ | 43 | $ | 15 | $ | 20 | $ | 8 | $ | | ||||||||||
Consumer notes(2) |
1,392 | 176 | 471 | 338 | 407 | |||||||||||||||
Other long-term liabilities |
2,020 | 1,973 | | | 47 | |||||||||||||||
Life and Annuity obligations(3) |
352,730 | 24,310 | 48,100 | 43,030 | 237,290 | |||||||||||||||
Total |
$ | 356,185 | $ | 26,474 | $ | 48,591 | $ | 43,376 | $ | 237,744 | ||||||||||
(1) | Includes future minimum lease payments on operating lease agreements.
See Note 10 of the Notes to Consolidated Financial Statements for
additional discussion on lease commitments. |
|
(2) | Consumer notes include principal payments, contractual interest for
fixed rate notes and, interest based on current rates for floating
rate notes. See Note 12 of the Notes to Consolidated Financial
Statements for additional discussion of consumer notes. |
|
(3) | Estimated life and annuity obligations include death claims, other
charges associated with policyholder reserves, policy surrenders and
policyholder dividends, offset by expected future deposits on in-force
contracts. Estimated life and annuity obligations are based on
mortality, morbidity and lapse assumptions comparable with the
Companys historical experience, modified for recent observed trends.
The Company has also assumed market growth consistent with assumptions
used in amortizing deferred acquisition costs. In contrast to this
table, the majority of the Companys obligations are recorded on the
balance sheet at the current account values and do not incorporate an
expectation of future market growth, interest crediting, or future
deposits. Therefore, the estimated obligations presented in this table
significantly exceed the liabilities recorded in reserve for future
policy benefits and unpaid loss and loss adjustment expenses, other
policyholder funds and benefits payable and separate account
liabilities. Due to the significance of the assumptions used, the
amounts presented could materially differ from actual results. |
35
Dividends
The Company declared dividends of $38, $313 and $461 to its parent Hartford Life and Accident
Insurance Company (HLA) for 2009, 2008 and 2007, respectively. Future dividend decisions will be
based on, and affected by, a number of factors, including the operating results and financial
requirements of the Company on a stand-alone basis and the impact of regulatory restrictions.
Cash Flow | 2009 | 2008 | 2007 | |||||||||
Net cash provided by (used for) operating activities |
$ | 2,522 | $ | 1,211 | $ | 2,615 | ||||||
Net cash provided by (used for) investing activities |
(192 | ) | (6,597 | ) | (4,372 | ) | ||||||
Net cash provided by (used for) financing activities |
(2,183 | ) | 5,752 | 1,865 | ||||||||
Cash End of Year |
793 | 661 | 423 | |||||||||
Year ended December 31, 2009 compared to Year-ended December 31, 2008 Cash provided by operating
activities increased due to an intercompany deposit liability in 2008. Refer to Note 16,
Transaction with Affiliates, of the Notes to Consolidated Financial Statements for further
discussion. Cash used for financing activities increased as there was significant redemption
activity within the institutional investment products business, the loss of two large governmental
plans in Retirement Plans, and capital was returned to the parent company in conjunction with the
reinsurance transaction with a related party during the fourth quarter.
Year ended December 31, 2008 compared to Year-ended December 31, 2007 The decrease in cash
provided by operating activities was primarily the result of a decrease in net investment income as
a result of lower yields and reduced fee income as a result of declines in equity markets. Net
purchases of available-for-sale securities continue to account for the majority of cash used for
Investing activities. The increase in net cash provided by financing activities was primarily due
to increased transfers from the separate account to the general account for investment and
universal life-type contracts and issuance of structured financing and consumer notes.
Operating cash flows in both periods have been more than adequate to meet liquidity requirements.
Equity Markets
For a discussion of the potential impact of the equity markets on capital and liquidity, see the
Capital Markets Risk Management section under Market Risk.
Ratings
Ratings are an important factor in establishing the competitive position in the insurance and
financial services marketplace. There can be no assurance that the Companys ratings will continue
for any given period of time or that they will not be changed. In the event the Companys ratings
are downgraded, the level of revenues, or the persistency of the Companys business may be
adversely impacted.
On January 29, 2010, Standard & Poors Ratings Services withdrew its A financial strength ratings
on Hartford Life Ltd. of Ireland (HLL) at the request of the parent company.
The following table summarizes Hartford Life Insurance Companys significant member companies
financial ratings from the major independent rating organizations as of February 2010:
A.M. Best | Fitch | Standard & Poors | Moodys | |||||||||||||
Insurance Ratings |
||||||||||||||||
Hartford Life Insurance Company |
A | A- | A | A3 | ||||||||||||
Hartford Life and Annuity Insurance Company |
A | A- | A | A3 | ||||||||||||
Other Ratings |
||||||||||||||||
Hartford Life Insurance Company: |
||||||||||||||||
Short term rating |
| | A-1 | P-2 | ||||||||||||
Consumer notes |
a | BBB+ | A | Baa1 |
These ratings are not a recommendation to buy or hold any of the Companys securities and they may
be revised or revoked at any time at the sole discretion of the rating organization.
The agencies consider many factors in determining the final rating of an insurance company. One
consideration is the relative level of statutory surplus necessary to support the business written.
Statutory surplus represents the capital of the insurance company reported in accordance with
accounting practices prescribed by the applicable state insurance department.
36
Statutory Capital
The Companys stockholders equity, as prepared using U.S. GAAP was $6.2 billion as of December 31,
2009. The Companys estimated aggregate statutory capital and surplus, as prepared in accordance
with the National Association of Insurance Commissioners Accounting Practices and Procedures
Manual (U.S. STAT) was $5.4 billion as of December 31, 2009.
In December, 2009 the NAIC issued SSAP 10R which modified the accounting for deferred income taxes
prescribed by the NAIC by increasing the realization period for deferred tax assets from one year
to three years and increasing the asset recognition limit from 10% to 15% of adjusted statutory
capital and surplus. SSAP 10R will expire for periods after December 31, 2010.
Significant differences between U.S. GAAP stockholders equity and aggregate statutory capital and
surplus prepared in accordance with U.S. STAT include the following:
| Costs incurred by the Company to acquire insurance policies are deferred under U.S. GAAP
while those costs are expensed immediately under U.S. STAT. |
|
| Temporary differences between the book and tax basis of an asset or liability which are
recorded as deferred tax assets are evaluated for recoverability under U.S. GAAP while those
amounts deferred are subject to limitations under U.S. STAT. |
|
| Certain assumptions used in the determination of benefit reserves are prescribed under U.S.
STAT and are intended to be conservative, while the assumptions used under U.S. GAAP are
generally the Companys best estimates. In addition, the methodologies used for determining
life reserve amounts are different between U.S. STAT and U.S. GAAP. Annuity reserving and
cash-flow testing for death and living benefit reserves under U.S. STAT are generally
addressed by the Commissioners Annuity Reserving Valuation Methodology and the related
Actuarial Guidelines. Under these Actuarial Guidelines, in general, future cash flows
associated with the variable annuity business are included in these methodologies with
estimates of future fee revenues, claim payments, expenses, reinsurance impacts and hedging
impacts. At December 31, 2008, in determining the cash-flow impacts related to future hedging,
assumptions were made in the scenarios that generate reserve requirements, about the potential
future decreases in the hedge benefits and increases in hedge costs which resulted in
increased reserve requirements. Reserves for death and living benefits under U.S. GAAP are
either considered embedded derivatives and recorded at fair value, or they may be considered
death and other insurance benefit reserves. |
|
| The difference between the amortized cost and fair value of fixed maturity and other
investments, net of tax, is recorded as an increase or decrease to the carrying value of the
related asset and to equity under U.S. GAAP, while U.S. STAT only records certain securities
at fair value, such as equity securities and certain lower rated bonds required by the NAIC to
be recorded at the lower of amortized cost or fair value. In the case of the Companys market
value adjusted (MVA) fixed annuity products, invested assets are marked to fair value
(including the impact of credit spreads) and liabilities are marked to fair value (but
generally excluding the impacts of credited spreads) for statutory purposes only. In the case
of the Companys market value adjusted (MVA) fixed annuity products, invested assets are
marked to fair value (but generally actual credit spreads are not fully reflected) for
statutory purposes only. |
|
| U.S. STAT for life insurance companies establishes a formula reserve for realized and
unrealized losses due to default and equity risks associated with certain invested assets (the
Asset Valuation Reserve), while U.S. GAAP does not. Also, for those realized gains and losses
caused by changes in interest rates, U.S. STAT for life insurance companies defers and
amortizes the gains and losses, caused by changes in interest rates, into income over the
original life to maturity of the asset sold (the Interest Maintenance Reserve) while U.S. GAAP
does not. |
|
| Goodwill arising from the acquisition of a business is tested for recoverability on an annual
basis (or more frequently, as necessary) for U.S. GAAP, while under U.S. STAT goodwill is
amortized over a period not to exceed 10 years and the amount of goodwill is limited. |
In addition, certain assets, including a portion of premiums receivable and fixed assets, are
non-admitted (recorded at zero value and charged against surplus) under U.S. STAT. U.S. GAAP
generally evaluates assets based on their recoverability.
37
Risk-based Capital
State insurance regulators and the NAIC have adopted risk-based capital requirements for life
insurance companies to evaluate the adequacy of statutory capital and surplus in relation to
investment and insurance risks. The requirements provide a means of measuring the minimum amount of
statutory surplus appropriate for an insurance company to support its overall business operations
based on its size and risk profile. Under risk-based capital (RBC) requirements, a companys RBC
is calculated by applying factors and performing calculations relating to various asset, premium,
claim, expense and reserve items. The adequacy of a companys actual capital is determined by the
ratio of a companys total adjusted capital, as defined by the insurance regulators, to its company
action level of RBC (known as the RBC ratio), also as defined by insurance regulators. RBC
standards are used by regulators to set in motion appropriate regulatory actions related to
insurers that show indications of inadequate conditions. In addition, rating agencies consider RBC
ratios, along with their proprietary models, in making ratings determinations.
Sensitivity
In any particular year, statutory surplus amounts and RBC ratios may increase or decrease depending
upon a variety of factors. The amount of change in the statutory surplus or RBC ratios can vary
based on individual factors and may be compounded in extreme scenarios or if multiple factors occur
at the same time. At times the impact of changes in certain market factors or a combination of
multiple factors on RBC ratios can be varied and in some instances counterintuitive. Factors
include:
| In general, as equity market levels decline, our reserves for death and living benefit
guarantees associated with variable annuity contracts increases, sometimes at a greater than
linear rate, reducing statutory surplus levels. In addition, as equity market levels increase,
generally surplus levels will increase. RBC ratios will also tend to increase when equity
markets increase. However, as a result of a number of factors and market conditions, including
the level of hedging costs and other risk transfer activities, reserve requirements for death
and living benefit guarantees and RBC requirements could increase resulting in lower RBC
ratios. |
|
| As the value of certain fixed-income and equity securities in our investment portfolio
decreases, due in part to credit |
|
| spread widening, statutory surplus and RBC ratios may decrease. |
|
| As the value of certain derivative instruments that do not get hedge accounting decreases,
statutory surplus and RBC ratios may decrease. |
|
| Our statutory surplus is also impacted by widening credit spreads as a result of the
accounting for the assets and liabilities in our fixed market value adjusted (MVA)
annuities. Statutory separate account assets supporting the fixed MVA annuities are recorded
at fair value. In determining the statutory reserve for the fixed MVA annuities, we are
required to use current crediting rates. In many capital market scenarios, current crediting
rates are highly correlated with market rates implicit in the fair value of statutory separate
account assets. As a result, the change in statutory reserve from period to period will likely
substantially offset the change in the fair value of the statutory separate account assets.
However, in periods of volatile credit markets, such as we are now experiencing, actual credit
spreads on investment assets may increase sharply for certain sub-sectors of the overall
credit market, resulting in statutory separate account asset market value losses. As actual
credit spreads are not fully reflected in the current crediting rates, the calculation of
statutory reserves will not substantially offset the change in fair value of the statutory
separate account assets resulting in reductions in statutory surplus. This has resulted and
may continue to result in the need to devote significant additional capital to support the
product. |
Most of these factors are outside of the Companys control. The Companys financial strength and
credit ratings are significantly influenced by the statutory surplus amounts and RBC ratios of our
insurance company subsidiaries. Due to all of these factors, projecting statutory capital and the
related projected RBC ratios is complex. In addition, rating agencies may implement changes to
their internal models that have the effect of increasing or decreasing the amount of statutory
capital we must hold in order to maintain our current ratings.
The Company has reinsured approximately 11% of its risk associated with GMWB with a third party and
72% of its risk associated with GMWB with an affiliated captive reinsurer. The Company has also
reinsured 86% of its risk associated with the aggregate GMDB exposure. These reinsurance agreements
serve to reduce the Companys exposure to changes in the statutory reserves and the related capital
and RBC ratios associated with changes in the equity markets. The Company also continues to explore
other solutions for mitigating the capital market risk effect on surplus, such as internal and
external reinsurance solutions, migrating towards a more statutory based hedging program, changes
in product design, increasing pricing and expense management.
Contingencies
Legal Proceedings For a discussion regarding contingencies related to the Companys legal
proceedings, please see Item 3, Legal Proceedings.
Regulatory Developments For a discussion regarding contingencies related to regulatory
developments that affect the Company, please see Note 10 of the Notes to Consolidated Financial
Statements.
For further information on other contingencies, see Note 10 of the Notes to Consolidated Financial
Statements
38
Legislative Initiatives
Tax proposals and regulatory initiatives which have been or are being considered by Congress and/or
the United States Treasury Department could have a material effect on the insurance business. These
proposals and initiatives include, or could include, changes pertaining to the income tax treatment
of insurance companies and life insurance products and annuities, repeal or reform of the estate
tax and comprehensive federal tax reform. The nature and timing of any Congressional or regulatory
action with respect to any such efforts is unclear.
Guaranty Fund and Other Insurance-related Assessments
In all states, insurers licensed to transact certain classes of insurance are required to become
members of a guaranty fund. In most states, in the event of the insolvency of an insurer writing
any such class of insurance in the state, members of the funds are assessed to pay certain claims
of the insolvent insurer. A particular states fund assesses its members based on their respective
written premiums in the state for the classes of insurance in which the insolvent insurer was
engaged. Assessments are generally limited for any year to one or two percent of premiums written
per year depending on the state.
Liabilities for guaranty fund and other insurance-related assessments are accrued when an
assessment is probable, when it can be reasonably estimated, and when the event obligating the
Company to pay an imposed or probable assessment has occurred. Liabilities for guaranty funds and
other insurance-related assessments are not discounted and are included as part of other
liabilities in the Consolidated Balance Sheets. As of December 31, 2009 and 2008, the liability
balance was $7 and $4, respectively. As of December 31, 2009 and 2008, $10 and $11, respectively,
related to premium tax offsets were included in other assets.
IMPACT OF NEW ACCOUNTING STANDARDS
For a discussion of accounting standards, see Note 1 of the Notes to Consolidated Financial
Statements.
39