NAIC ADOPTS RE MODEL ACT

The National Association of Insurance Commissioners recently adopted the Special Purpose Reinsurance Vehicle (SPRV) Model Act. The act will provide a template for states to create legislation that will enable onshore securitization of insurance risk for natural catastrophes. The National Association of Independent Insurers (NAII) praised the NAIC’s adoption of the SPRV Model Act during the Commissioners’ Washington Summit. Stephen Broadie, NAII assistant vice president, financial legislation and regulation, commented that the Model Act provides another private market tool for insurers to manage catastrophe and other risks, allowing insurers to access the capital markets in the U.S., rather than incurring the additional costs of engaging in offshore securitizations. According to the NAII, securitization transactions allow capital market investors to purchase bonds issued by SPRVs that are used to fund a reinsurance transaction. Illinois has already enacted an earlier version of the NAIC Model Act. Broadie stated that states will be free to enact legislation that may strictly follow the NAIC’s model or to incorporate changes that they view as necessary in their own states. Broadie said in order for the SPRV to work, catastrophe bonds need to be treated as bonds for tax purposes—which means that the interest would be deductible. He added that some form of tax legislation seems to be the next logical step.