ASSURED GUARANTY LTD
For the period ended Dec 31, 2023. Filed Feb 28, 2024.
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FY2023 · Filed Feb 28, 2024
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2. Segment Information
- Segment Information
The Company reports its results of operations intwo segments: Insurance and Asset Management. The Company also reports the results of its Corporate division and the effects of consolidating FG VIEs and CIVs. This presentation is consistent with the manner in which the Company’s CODM reviews the business to assess performance and allocate resources.
The Insurance segment primarily consists of: (i) the Company’s insurance subsidiaries; and (ii) AGAS. Prior to July 1, 2023, the Asset Management segment consisted of AssuredIM, which provided asset management services to third-party investors, the U.S. Insurance Subsidiaries, and AGAS. Beginning in July 2023, the Company participates in the asset management business through its investment in Sound Point as described in Note 1, Business and Basis of Presentation. Beginning in the third quarter of 2023, the Asset Management segment primarily includes the results of the Company’s equity method investment in Sound Point.
The Corporate division primarily consists of (i) interest expense and any losses on the extinguishment of the U.S. Holding Companies’ debt and (ii) other corporate operating expenses of AGL and the U.S. Holding Companies. The Corporate Division also includes the gain associated with the Sound Point Transaction and the AHP Transaction.
The Other category primarily includes the effect of consolidating FG VIEs, CIVs, intersegment eliminations and, prior to July 1, 2023, the reclassification of reimbursable fund expenses. See Note 8, Financial Guaranty Variable Interest Entities and Consolidated Investment Vehicles.
The segment results differ from the consolidated financial statements in certain respects. The Insurance segment includes: (i) premiums and losses from the financial guaranty insurance policies issued by the U.S. Insurance Subsidiaries that guarantee the FG VIEs’ debt; and (ii) AGAS’ share of earnings from investments in funds managed by Sound Point (prior to July 1, 2023, AssuredIM) and AHP funds in “equity in earnings (losses) of investees.” Under GAAP, (i) FG VIEs are consolidated by the U.S. Insurance Subsidiaries and the premiums and losses/recoveries associated with the financial guaranty policies associated with the FG VIEs’ debt are eliminated (the reconciliation tables below present the FG VIEs and related eliminations in “other”) and (ii) CIVs are consolidated by either AGUS or AGAS (in the reconciliation tables below, the CIVs and related eliminations of the Insurance segment’s “equity in earnings (losses) of investees” associated with AGAS’ ownership interest in CIVs are presented in “other”). Until July 1, 2023, under GAAP, reimbursable fund expenses were shown as a component of asset management fees and included in total revenues, whereas in the Asset Management segment in the tables below these expenses were netted in “segment expenses.”
The Company analyzes the operating performance of each segment using “segment adjusted operating income (loss).” Results for each segment include specifically identifiable expenses as well as intersegment expense allocations, as applicable, based on time studies and other cost allocation methodologies based on headcount or other metrics. Segment adjusted operating income is defined as “net income (loss) attributable to AGL,” adjusted for the following items, which primarily affect the Insurance segment and corporate division:
Elimination of realized gains (losses) on the Company’s investments, except for gains and losses on securities classified as trading.
Elimination of non-credit impairment-related unrealized fair value gains (losses) on credit derivatives that are recognized in net income, which is the amount of unrealized fair value gains (losses) in excess of the present value of the expected estimated economic credit losses, and non-economic payments.
Elimination of fair value gains (losses) on the Company’s committed capital securities (CCS) that are recognized in net income.
Elimination of foreign exchange gains (losses) on remeasurement of net premium receivables and loss and loss adjustment expense (LAE) reserves that are recognized in net income.
Elimination of the tax effects related to the above adjustments, which are determined by applying the statutory tax rate in each of the jurisdictions that generate these adjustments.
The Company does not report assets by reportable segment as the CODM does not assess performance and allocate resources based on assets.
The following table presents information for the Company’s operating segments. Intersegment revenues include transactions between and among the segments, the corporate division and other.
Segment Information
| Years Ended December 31, | ||||||
|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||
| Insurance | Asset Management | Insurance | Asset Management | Insurance | Asset Management | |
| (in millions) | ||||||
| Third-party revenues | $845 | $49 | $748 | $78 | $724 | $73 |
| Intersegment revenues | 10 | 27 | 9 | 34 | 9 | 10 |
| Segment revenues | 855 | 76 | 757 | 112 | 733 | 83 |
| Segment expenses | 435 | 78 | 259 | 119 | 33 | 108 |
| Segment equity in earnings (losses) of investees | 82 | 5 | (51) | — | 144 | — |
| Less: Segment provision (benefit) for income taxes | (119) | — | 34 | (1) | 122 | (6) |
| Segment adjusted operating income (loss) | $621 | $3 | $413 | $(6) | $722 | $(19) |
| Selected components of segment adjusted operating income: | ||||||
| Net investment income | $370 | $— | $278 | $— | $280 | $— |
| Interest expense | — | 1 | 1 | 1 | — | 1 |
| Non-cash compensation and operating expenses (1) | 38 | 8 | 41 | 18 | 56 | 17 |
(1) Consists of amortization of DAC and intangible assets, depreciation, share-based compensation (see Note 13, Employee Benefit Plans), write-off of long-lived intangible assets related to Municipal Assurance Corp.(MAC) licenses (see Note 11, Goodwill and Other Intangible Assets), and lease impairment (see Note 17, Leases).
The tables below present a reconciliation of significant components of segment information to the comparable consolidated amounts.
| Less: · Net Income (Loss) Attributable to AGL | ||||||
|---|---|---|---|---|---|---|
| Revenues · Expenses · Equity in Earnings (Losses) of Investees · Provision (Benefit) for Income Taxes (1) · Noncontrolling Interests | ||||||
| (in millions) | ||||||
| Segments: | ||||||
| Insurance | $855 | $435 | $82 | $(119) | $— | $621 |
| Asset Management | 76 | 78 | 5 | — | — | 3 |
| Total segments | 931 | 513 | 87 | (119) | — | 624 |
| Corporate division | 275 | 216 | — | 14 | — | 45 |
| Other | 61 | 6 | (59) | (5) | 22 | (21) |
| Subtotal | 1,267 | 735 | 28 | (110) | 22 | 648 |
| Reconciling items: | ||||||
| Realized gains (losses) on investments | (14) | — | — | — | — | (14) |
| Non-credit impairment-related unrealized fair value gains (losses) on credit derivatives | 104 | (2) | — | — | — | 106 |
| Fair value gains (losses) on CCS | (35) | — | — | — | — | (35) |
| Foreign exchange gains (losses) on remeasurement of premiums receivable and loss and LAE reserves | 51 | — | — | — | — | 51 |
| Tax effect | — | — | — | 17 | — | (17) |
| Total consolidated | $1,373 | $733 | $28 | $(93) | $22 | $739 |
(1) Includes $189 million of tax benefit related to a Bermuda tax law change, which is included in Insurance segment. See Note 14, Income Taxes.
| Less: · Net Income (Loss) Attributable to AGL | ||||||
|---|---|---|---|---|---|---|
| Revenues · Expenses · Equity in Earnings (Losses) of Investees · Provision (Benefit) for Income Taxes · Noncontrolling Interests | ||||||
| (in millions) | ||||||
| Segments: | ||||||
| Insurance | $757 | $259 | $(51) | $34 | $— | $413 |
| Asset Management | 112 | 119 | — | (1) | — | (6) |
| Total segments | 869 | 378 | (51) | 33 | — | 407 |
| Corporate division | 4 | 143 | — | (5) | — | (134) |
| Other | 14 | 19 | 12 | — | 13 | (6) |
| Subtotal | 887 | 540 | (39) | 28 | 13 | 267 |
| Reconciling items: | ||||||
| Realized gains (losses) on investments | (56) | — | — | — | — | (56) |
| Non-credit impairment-related unrealized fair value gains (losses) on credit derivatives | (22) | (4) | — | — | — | (18) |
| Fair value gains (losses) on CCS | 24 | — | — | — | — | 24 |
| Foreign exchange gains (losses) on remeasurement of premiums receivable and loss and LAE reserves | (110) | — | — | — | — | (110) |
| Tax effect | — | — | — | (17) | — | 17 |
| Total consolidated | $723 | $536 | $(39) | $11 | $13 | $124 |
| Less: · Net Income (Loss) Attributable to AGL | ||||||
|---|---|---|---|---|---|---|
| Revenues · Expenses · Equity in Earnings (Losses) of Investees · Provision (Benefit) for Income Taxes · Noncontrolling Interests | ||||||
| (in millions) | ||||||
| Segments: | ||||||
| Insurance | $733 | $33 | $144 | $122 | $— | $722 |
| Asset Management | 83 | 108 | — | (6) | — | (19) |
| Total segments | 816 | 141 | 144 | 116 | — | 703 |
| Corporate division | 2 | 312 | — | (47) | — | (263) |
| Other | 142 | 26 | (50) | 6 | 30 | 30 |
| Subtotal | 960 | 479 | 94 | 75 | 30 | 470 |
| Reconciling items: | ||||||
| Realized gains (losses) on investments | 15 | — | — | — | — | 15 |
| Non-credit impairment-related unrealized fair value gains (losses) on credit derivatives | (78) | (14) | — | — | — | (64) |
| Fair value gains (losses) on CCS | (28) | — | — | — | — | (28) |
| Foreign exchange gains (losses) on remeasurement of premiums receivable and loss and LAE reserves | (21) | — | — | — | — | (21) |
| Tax effect | — | — | — | (17) | — | 17 |
| Total consolidated | $848 | $465 | $94 | $58 | $30 | $389 |
| Net Earned Premiums | Net Investment Income | Loss and LAE (Benefit) | Amortization of DAC | Other Expenses(1) | |
|---|---|---|---|---|---|
| (in millions) | |||||
| Segments: | |||||
| Insurance | $347 | $370 | $161 | $13 | $261 |
| Asset Management | — | — | — | — | 77 |
| Total segments | 347 | 370 | 161 | 13 | 338 |
| Corporate division | — | 8 | — | — | 117 |
| Other | (3) | (13) | 3 | — | 13 |
| Subtotal | 344 | 365 | 164 | 13 | 468 |
| Reconciling items: | |||||
| Credit derivative impairment (recoveries) (2) | — | — | (2) | — | — |
| Total consolidated | $344 | $365 | $162 | $13 | $468 |
(1) Consists of “employee compensation and benefit expenses” and “other operating expenses.” Includes non-cash compensation and operating expenses of $38 million for Insurance segment, $8 million for Asset Management segment, and $18 million for Corporate division.
(2) Credit derivative impairment (recoveries) are included in “fair value gains (losses) on credit derivatives” in the Company’s consolidated statements of operations, and in loss and LAE (benefit) on a segment basis.
| Net Earned Premiums | Net Investment Income | Loss and LAE (Benefit) | Amortization of DAC | Other Expenses(1) | |
|---|---|---|---|---|---|
| (in millions) | |||||
| Segments: | |||||
| Insurance | $497 | $278 | $12 | $14 | $232 |
| Asset Management | — | — | — | — | 118 |
| Total segments | 497 | 278 | 12 | 14 | 350 |
| Corporate division | — | 4 | — | — | 54 |
| Other | (3) | (13) | 8 | — | 21 |
| Subtotal | 494 | 269 | 20 | 14 | 425 |
| Reconciling items: | |||||
| Credit derivative impairment (recoveries) (2) | — | — | (4) | — | — |
| Total consolidated | $494 | $269 | $16 | $14 | $425 |
(1) Consists of “employee compensation and benefit expenses” and “other operating expenses.” Includes non-cash compensation and operating expenses of $41 million for Insurance segment, $18 million for Asset Management segment, and $13 million for Corporate division.
(2) Credit derivative impairment (recoveries) are included in “fair value gains (losses) on credit derivatives” in the Company’s consolidated statements of operations, and in loss and LAE (benefit) on a segment basis.
| Net Earned Premiums | Net Investment Income | Loss and LAE (Benefit) | Amortization of DAC | Other Expenses(1) | |
|---|---|---|---|---|---|
| (in millions) | |||||
| Segments: | |||||
| Insurance | $418 | $280 | $(221) | $14 | $240 |
| Asset Management | — | — | — | — | 107 |
| Total segments | 418 | 280 | (221) | 14 | 347 |
| Corporate division | — | 2 | — | — | 41 |
| Other | (4) | (13) | 15 | — | 21 |
| Subtotal | 414 | 269 | (206) | 14 | 409 |
| Reconciling items: | |||||
| Credit derivative impairment (recoveries) (2) | — | — | (14) | — | — |
| Total consolidated | $414 | $269 | $(220) | $14 | $409 |
(1) Consists of “employee compensation and benefit expenses” and “other operating expenses.” Includes non-cash compensation and operating expenses of $56 million for Insurance segment, $17 million for Asset Management segment, and $5 million for Corporate division.
(2) Credit derivative impairment (recoveries) are included in “fair value gains (losses) on credit derivatives” in the Company’s consolidated statements of operations, and in loss and LAE (benefit) on a segment basis.
The table below summarizes revenues for the operating segments, Corporate division and Other category by country of domicile for each period indicated, based on the country of domicile of the Company’s subsidiaries that generated the revenues.
Segment, Corporate Division and Other
Revenues by Country of Domicile
| Year Ended December 31, | |||
|---|---|---|---|
| Country of Domicile | 2023 | 2022 | 2021 |
| (in millions) | |||
| U.S. | $1,064 | $727 | $762 |
| Bermuda | 166 | 129 | 153 |
| U.K. | 36 | 32 | 42 |
| Other | 1 | (1) | 3 |
| Total | $1,267 | $887 | $960 |
- Outstanding Exposure
The Company sells credit protection primarily in financial guaranty insurance form. The Company may also sell credit protection by issuing policies that guarantee payment obligations under credit default swaps (CDS). The Company’s contracts accounted for as credit derivatives are generally structured such that the circumstances giving rise to the Company’s obligation to make loss payments are similar to those for its financial guaranty insurance contracts.
The Company seeks to limit its exposure to losses by underwriting obligations that it views to be investment grade at inception, although on occasion it may underwrite new issuances that it views to be below-investment grade (BIG), typically as part of its loss mitigation strategy for existing troubled exposures. The Company also seeks to acquire portfolios of insurance from financial guarantors that are no longer writing new business by acquiring such companies or providing reinsurance on a portfolio of insurance; in such instances, it evaluates the risk characteristics of the target portfolio, which may include some BIG exposures, as a whole in the context of the proposed transaction. The Company diversifies its insured portfolio across sector and geography and, in the structured finance portfolio, generally requires subordination or collateral to protect it from loss. Reinsurance may be used in order to reduce net exposure to certain insured transactions.
Public finance obligations insured by the Company primarily consist of general obligation bonds supported by the taxing powers of U.S. state or municipal governmental authorities, as well as tax-supported bonds, revenue bonds and other obligations supported by covenants from state or municipal governmental authorities or other municipal obligors to impose and collect fees and charges for public services or specific infrastructure projects. The Company includes within public finance obligations those obligations backed by the cash flow from leases or other revenues from projects serving substantial public purposes, including utilities, toll roads, healthcare facilities and government office buildings. The Company also includes within public finance obligations similar obligations issued by U.S. and non-U.S. sovereign and sub-sovereign issuers and governmental authorities.
Structured finance obligations insured by the Company are generally issued by special purpose entities, including VIEs, and backed by pools of assets having an ascertainable cash flow or market value or other specialized financial obligations. Some of these VIEs are consolidated as described in Note 8, Financial Guaranty Variable Interest Entities and Consolidated Investment Vehicles. Unless otherwise specified, the outstanding par and debt service amounts presented in this note include outstanding exposures on these VIEs whether or not they are consolidated.
The Company also writes specialty business that is consistent with its risk profile and benefits from its underwriting experience and other types of financial guaranties.
Significant Risk Management Activities
The Portfolio Risk Management Committee, which includes members of senior management and senior risk and surveillance officers, is responsible for enterprise risk management for the Insurance segment and focuses on measuring and managing insurance credit, market and liquidity risk for the Company. This committee establishes company-wide credit policy for the Company’s direct and assumed insurance business. It implements specific insurance underwriting procedures and limits for the Company and allocates underwriting capacity among the Company’s insurance subsidiaries. All insurance transactions in new asset classes or new jurisdictions must be approved by this committee.
The U.S., AG Re and AGRO risk management committees and AGUK’s and AGE’s (the European Insurance Subsidiaries) surveillance committees conduct in-depth reviews of the insured portfolios of the relevant subsidiaries, focusing on varying portions of the portfolio at each meeting. They review and may revise internal ratings assigned to the insured transactions and review sector reports, monthly product line surveillance reports and compliance reports.
All transactions in the insured portfolio are assigned internal credit ratings by the relevant underwriting committee at inception, and such credit ratings are updated by the relevant risk management or surveillance committee based on changes in transaction credit quality. As part of the surveillance process, the Company monitors trends and changes in transaction credit quality, and recommends such remedial actions as may be necessary or appropriate. The Company also develops strategies to enforce its contractual rights and remedies and to mitigate its losses, engage in negotiation discussions with transaction participants and, when necessary, manage the Company’s litigation proceedings.
Surveillance Categories
The Company segregates its insured portfolio into investment grade and BIG surveillance categories to facilitate the appropriate allocation of resources to monitoring and loss mitigation efforts and to aid in establishing the appropriate cycle for periodic review of each exposure. BIG exposures include all exposures with internal credit ratings below BBB-.
The Company’s internal credit ratings are based on internal assessments of the likelihood of default and loss severity in the event of default. Internal credit ratings are expressed on a ratings scale similar to that used by the rating agencies and generally reflect an approach similar to that employed by the rating agencies, except that the Company’s internal credit ratings focus on future performance rather than lifetime performance.
The Company monitors its insured portfolio and refreshes its internal credit ratings on individual exposures in quarterly, semi-annual or annual cycles based on the Company’s view of the exposure’s credit quality, loss potential, volatility and sector. Ratings on exposures in sectors identified as under the most stress or with the most potential volatility are reviewed every quarter, although the Company may also review a rating in response to developments impacting a credit when a ratings review is not scheduled. For assumed exposures, the Company may use the ceding company’s credit ratings of transactions where it is impractical for it to assign its own rating.
Exposures identified as BIG are subjected to further review to determine the probability of a loss. See Note 4, Expected Loss to be Paid (Recovered). Surveillance personnel then assign each BIG transaction to one of the three BIG surveillance categories described below based upon whether a future loss is expected and whether a claim has been paid. The Company uses the pre-tax book yield of the relevant subsidiary’s investment portfolio to calculate the present value of projected payments and recoveries and determine whether a future loss is expected in order to assign the appropriate BIG surveillance category to a transaction. For financial statement measurement purposes, the Company uses risk-free rates, which are determined each quarter, to calculate the expected loss.
More extensive monitoring and intervention are employed for all BIG surveillance categories, with internal credit ratings reviewed quarterly. For purposes of determining the appropriate surveillance category, the Company expects “future losses” on a transaction when the Company believes there is at least a 50% chance that, on a present value basis, it will in the future pay claims on that transaction that will not be fully reimbursed. The three BIG surveillance categories are:
BIG Category 1: Below-investment-grade transactions showing sufficient deterioration to make future losses possible, but for which none are currently expected.
BIG Category 2: Below-investment-grade transactions for which future losses are expected but for which no claims (other than liquidity claims, which are claims that the Company expects to be reimbursed withinone year) have yet been paid.
BIG Category 3: Below-investment-grade transactions for which future losses are expected and on which claims (other than liquidity claims) have been paid.
Financial Guaranty Exposure
The Company measures its financial guaranty exposure in terms of: (i) gross and net par outstanding; and (ii) gross and net debt service.
The Company typically guarantees the payment of debt service when due. Since most of these payments are due in the future, the Company generally uses gross and net par outstanding as a proxy for its financial guaranty exposure. Gross par outstanding generally represents the principal amount of the insured obligation at a point in time. Net par outstanding equals gross par outstanding net of any reinsurance. The Company includes in its par outstanding calculation the impact of any consumer price index inflator to the reporting date as well as, in the case of accreting (zero-coupon) obligations, accretion to the reporting date. Non U.S. dollar denominated par outstanding is translated at the spot rate at the end of the reporting period.
The Company has, from time to time, purchased securities that it has insured, and for which it had expected losses to be paid, in order to mitigate the economic effect of insured losses (Loss Mitigation Securities). The Company excludes amounts attributable to Loss Mitigation Securities from par and debt service outstanding, and instead reports Loss Mitigation Securities in the investment portfolio. The Company manages such securities as investments and not insurance exposure. As of December 31, 2023 and December 31, 2022 the Company excluded net par outstanding of $1.2 billion and $1.3 billion, respectively, attributable to Loss Mitigation Securities.
Gross debt service outstanding represents the sum of all estimated future debt service payments on the insured obligations, on an undiscounted basis. Net debt service outstanding equals gross debt service outstanding net of any reinsurance. Future debt service payments include the estimated impact of any consumer price index inflator after the reporting date, as well as, in the case of accreting (zero-coupon) obligations, accretion after the reporting date.
The Company calculates its debt service outstanding as follows:
for insured obligations that are not supported by homogeneous pools of assets (which category includes most of the Company’s public finance transactions), as the total estimated contractual future debt service due through maturity, regardless of whether the obligations may be called and regardless of whether, in the case of obligations where principal payments are due when an underlying asset makes a principal payment, the Company believes the obligations will be repaid prior to contractual maturity; and
for insured obligations that are supported by homogeneous pools of assets that are contractually permitted to prepay principal (which category includes, for example, residential mortgage-backed securities (RMBS)), as the total estimated expected future debt service due on insured obligations through their respective expected terms, which includes the Company’s expectations as to whether the obligations may be called and, in the case of obligations where principal payments are due when an underlying asset makes a principal payment, when the Company expects principal payments to be made prior to contractual maturity.
The calculation of debt service requires the use of estimates, which the Company updates periodically, including estimates and assumptions for the expected remaining term of insured obligations supported by homogeneous pools of assets, updated interest rates for floating and variable rate insured obligations, behavior of consumer price indices for obligations with consumer price index inflators, foreign exchange rates and other assumptions based on the characteristics of each insured obligation. Debt service is a measure of the estimated maximum potential exposure to insured obligations before considering the Company’s various legal rights to the underlying collateral and other remedies available to it under its financial guaranty contract.
Actual debt service may differ from estimated debt service due to refundings, terminations, negotiated restructurings, prepayments, changes in interest rates on variable rate insured obligations, consumer price index behavior differing from that projected, changes in foreign exchange rates on non-U.S. dollar denominated insured obligations and other factors.
Debt Service and Par Outstanding
| As of December 31, 2023 | As of December 31, 2022 | |||
|---|---|---|---|---|
| Gross | Net | Gross | Net | |
| (in millions) | ||||
| Debt Service | ||||
| Public finance | $386,494 | $386,419 | $359,899 | $359,703 |
| Structured finance | 11,543 | 11,217 | 10,273 | 10,248 |
| Total financial guaranty | $398,037 | $397,636 | $370,172 | $369,951 |
| Par Outstanding | ||||
| Public finance | $239,352 | $239,296 | $224,254 | $224,099 |
| Structured finance | 10,183 | 9,857 | 9,184 | 9,159 |
| Total financial guaranty | $249,535 | $249,153 | $233,438 | $233,258 |
In addition to amounts shown in the table above, the Company had outstanding commitments to provide guaranties of $193 million of public finance gross par and $1.7 billion of structured finance gross par as of December 31, 2023. These commitments are contingent on the satisfaction of all conditions set forth in the guaranties and may expire unused or be canceled at the counterparty’s request. Therefore, the total commitment amount does not necessarily reflect actual future guaranteed amounts.
Financial Guaranty Portfolio by Internal Rating
| Public FinanceU.S. | Public FinanceNon-U.S. | Structured FinanceU.S. | Structured FinanceNon-U.S. | Total | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| RatingCategory | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % |
| (dollars in millions) | ||||||||||
| AAA | $110 | 0.1% | $2,062 | 4.2% | $867 | 10.0% | $465 | 38.0% | $3,504 | 1.4% |
| AA | 17,883 | 9.4 | 3,379 | 6.9 | 4,517 | 52.3 | 89 | 7.3 | 25,868 | 10.4 |
| A | 102,945 | 54.1 | 12,968 | 26.5 | 1,639 | 19.0 | 571 | 46.6 | 118,123 | 47.4 |
| BBB | 66,080 | 34.7 | 29,467 | 60.1 | 574 | 6.7 | 100 | 8.1 | 96,221 | 38.6 |
| BIG | 3,271 | 1.7 | 1,131 | 2.3 | 1,035 | 12.0 | — | — | 5,437 | 2.2 |
| Total net par outstanding | $190,289 | 100.0% | $49,007 | 100.0% | $8,632 | 100.0% | $1,225 | 100.0% | $249,153 | 100.0% |
Financial Guaranty Portfolio by Internal Rating
| Public FinanceU.S. | Public FinanceNon-U.S. | Structured FinanceU.S. | Structured FinanceNon-U.S. | Total | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| RatingCategory | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % | Net ParOutstanding | % |
| (dollars in millions) | ||||||||||
| AAA | $222 | 0.1% | $1,967 | 4.4% | $926 | 11.2% | $469 | 50.4% | $3,584 | 1.5% |
| AA | 16,241 | 9.1 | 3,497 | 7.9 | 4,633 | 56.3 | 12 | 1.3 | 24,383 | 10.5 |
| A | 96,807 | 53.9 | 9,271 | 20.9 | 1,075 | 13.1 | 340 | 36.5 | 107,493 | 46.1 |
| BBB | 62,570 | 34.8 | 28,747 | 64.6 | 479 | 5.8 | 110 | 11.8 | 91,906 | 39.4 |
| BIG | 3,796 | 2.1 | 981 | 2.2 | 1,115 | 13.6 | — | — | 5,892 | 2.5 |
| Total net par outstanding | $179,636 | 100.0% | $44,463 | 100.0% | $8,228 | 100.0% | $931 | 100.0% | $233,258 | 100.0% |
The following tables present net par outstanding by sector for the financial guaranty portfolio.
Net Par Outstanding by Sector
| As of December 31, | ||
|---|---|---|
| Sector | 2023 | 2022 |
| (in millions) | ||
| Public finance: | ||
| U.S. public finance: | ||
| General obligation | $74,609 | $71,868 |
| Tax backed | 33,060 | 33,752 |
| Municipal utilities | 29,300 | 26,436 |
| Transportation | 22,052 | 19,688 |
| Healthcare | 12,604 | 11,304 |
| Infrastructure finance | 8,796 | 6,955 |
| Higher education | 7,250 | 7,137 |
| Housing revenue | 1,152 | 959 |
| Investor-owned utilities | 329 | 332 |
| Renewable energy | 167 | 180 |
| Other public finance | 970 | 1,025 |
| Total U.S. public finance | 190,289 | 179,636 |
| Non-U.S public finance: | ||
| Regulated utilities | 20,545 | 17,855 |
| Infrastructure finance | 15,430 | 13,915 |
| Sovereign and sub-sovereign | 9,869 | 9,526 |
| Renewable energy | 2,030 | 2,086 |
| Pooled infrastructure | 1,133 | 1,081 |
| Total non-U.S. public finance | 49,007 | 44,463 |
| Total public finance | 239,296 | 224,099 |
| Structured finance: | ||
| U.S. structured finance: | ||
| Insurance securitizations | 4,379 | 3,879 |
| RMBS | 1,774 | 1,956 |
| Pooled corporate obligations | 631 | 625 |
| Financial products | 464 | 453 |
| Consumer receivables | 314 | 437 |
| Subscription finance facilities | 178 | 72 |
| Other structured finance | 892 | 806 |
| Total U.S. structured finance | 8,632 | 8,228 |
| Non-U.S. structured finance: | ||
| Subscription finance facilities | 444 | 219 |
| Pooled corporate obligations | 425 | 344 |
| RMBS | 252 | 263 |
| Other structured finance | 104 | 105 |
| Total non-U.S structured finance | 1,225 | 931 |
| Total structured finance | 9,857 | 9,159 |
| Total net par outstanding | $249,153 | $233,258 |
Expected Amortization of Net Par Outstanding
| Public Finance | Structured Finance | Total | |
|---|---|---|---|
| (in millions) | |||
| 0 to 5 years | $49,880 | $3,688 | $53,568 |
| 5 to 10 years | 51,004 | 3,417 | 54,421 |
| 10 to 15 years | 44,051 | 1,269 | 45,320 |
| 15 to 20 years | 32,379 | 885 | 33,264 |
| 20 years and above | 61,982 | 598 | 62,580 |
| Total net par outstanding | $239,296 | $9,857 | $249,153 |
Actual amortization differs from expected maturities because borrowers may have the right to call or prepay certain obligations, terminations and because of management’s assumptions on structured finance amortization. The expected maturities of structured finance obligations are, in general, shorter than the contractual maturities for such obligations.
Components of BIG Net Par Outstanding
| BIG Net Par Outstanding · Net Par | |||||
|---|---|---|---|---|---|
| BIG 1 | BIG 2 | BIG 3 | Total BIG | Outstanding | |
| (in millions) | |||||
| Public finance: | |||||
| U.S. public finance | $1,257 | $926 | $1,088 | $3,271 | $190,289 |
| Non-U.S. public finance | 1,131 | — | — | 1,131 | 49,007 |
| Public finance | 2,388 | 926 | 1,088 | 4,402 | 239,296 |
| Structured finance: | |||||
| U.S. RMBS | 22 | 36 | 883 | 941 | 1,774 |
| Other structured finance | — | 27 | 67 | 94 | 8,083 |
| Structured finance | 22 | 63 | 950 | 1,035 | 9,857 |
| Total | $2,410 | $989 | $2,038 | $5,437 | $249,153 |
Components of BIG Net Par Outstanding
| BIG Net Par Outstanding · Net Par | |||||
|---|---|---|---|---|---|
| BIG 1 | BIG 2 | BIG 3 | Total BIG | Outstanding | |
| (in millions) | |||||
| Public finance: | |||||
| U.S. public finance | $2,364 | $108 | $1,324 | $3,796 | $179,636 |
| Non-U.S. public finance | 981 | — | — | 981 | 44,463 |
| Public finance | 3,345 | 108 | 1,324 | 4,777 | 224,099 |
| Structured finance: | |||||
| U.S. RMBS | 18 | 39 | 953 | 1,010 | 1,956 |
| Other structured finance | — | 34 | 71 | 105 | 7,203 |
| Structured finance | 18 | 73 | 1,024 | 1,115 | 9,159 |
| Total | $3,363 | $181 | $2,348 | $5,892 | $233,258 |
BIG Net Par Outstanding and Number of Risks
| Net Par Outstanding · Number of Risks (2) | ||||||
|---|---|---|---|---|---|---|
| Description | Financial GuarantyInsurance (1) | CreditDerivatives | Total | Financial Guaranty Insurance (1) | CreditDerivatives | Total |
| (dollars in millions) | ||||||
| BIG 1 | $2,394 | $16 | $2,410 | 95 | 2 | 97 |
| BIG 2 | 979 | 10 | 989 | 13 | 2 | 15 |
| BIG 3 | 2,010 | 28 | 2,038 | 109 | 7 | 116 |
| Total BIG | $5,383 | $54 | $5,437 | 217 | 11 | 228 |
BIG Net Par Outstanding and Number of Risks
| Net Par Outstanding · Number of Risks (2) | ||||||
|---|---|---|---|---|---|---|
| Description | FinancialGuarantyInsurance (1) | CreditDerivatives | Total | FinancialGuarantyInsurance(1) | CreditDerivatives | Total |
| (dollars in millions) | ||||||
| BIG 1 | $3,357 | $6 | $3,363 | 122 | 1 | 123 |
| BIG 2 | 171 | 10 | 181 | 14 | 2 | 16 |
| BIG 3 | 2,307 | 41 | 2,348 | 111 | 10 | 121 |
| Total BIG | $5,835 | $57 | $5,892 | 247 | 13 | 260 |
(1) Includes FG VIEs.
(2) A risk represents the aggregate of the financial guaranty policies that share the same revenue source for purposes of making debt service payments.
When the Company insures an obligation, it assigns the obligation to a geographic location or locations based on its view of the geographic location of the risk. The Company seeks to maintain a diversified portfolio of insured obligations designed to spread its risk across a number of geographic areas.
Geographic Distribution of Net Par Outstanding
| Number of Risks | Net Par Outstanding | Percent of Total Net Par Outstanding | |
|---|---|---|---|
| (dollars in millions) | |||
| U.S.: | |||
| U.S. Public finance: | |||
| California | 1,213 | $36,200 | 14.5% |
| Texas | 1,077 | 22,783 | 9.1 |
| New York | 774 | 17,751 | 7.1 |
| Pennsylvania | 534 | 16,941 | 6.8 |
| Illinois | 485 | 12,953 | 5.2 |
| New Jersey | 256 | 9,255 | 3.7 |
| Florida | 214 | 8,586 | 3.5 |
| Michigan | 231 | 5,533 | 2.2 |
| Louisiana | 132 | 4,758 | 1.9 |
| Alabama | 243 | 3,819 | 1.5 |
| Other | 1,897 | 51,710 | 20.8 |
| Total U.S. public finance | 7,056 | 190,289 | 76.3 |
| U.S. Structured finance (multiple states) | 359 | 8,632 | 3.5 |
| Total U.S. | 7,415 | 198,921 | 79.8 |
| Non-U.S.: | |||
| United Kingdom | 271 | 39,394 | 15.8 |
| Canada | 5 | 1,696 | 0.7 |
| Spain | 9 | 1,649 | 0.7 |
| France | 7 | 1,565 | 0.6 |
| Australia | 6 | 1,518 | 0.6 |
| Other | 41 | 4,410 | 1.8 |
| Total non-U.S. | 339 | 50,232 | 20.2 |
| Total | 7,754 | $249,153 | 100.0% |
Exposure to Puerto Rico
The Company had insured exposure to the general obligation bonds of the Commonwealth of Puerto Rico (Puerto Rico or the Commonwealth) and obligations of various authorities and public corporations of Puerto Rico aggregating $1.1 billion net par outstanding as of December 31, 2023, down from $1.4 billion as of December 31, 2022. All of the Company’s insured exposure to Puerto Rico is rated BIG. As of December 31, 2023, the only remaining outstanding insured Puerto Rico exposure subject to a payment default was the Puerto Rico Electric Power Authority (PREPA). As of December 31, 2023, the Company had approximately $109 million of remaining non-defaulting Puerto Rico exposures related primarily to the Municipal Finance Agency (MFA), which are secured by a lien on local tax revenues and remain current on debt service payments.
On June 30, 2016, the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was signed into law. PROMESA established a seven-member Financial Oversight and Management Board (the FOMB) with authority to require that balanced budgets and fiscal plans be adopted and implemented by Puerto Rico. Title III of PROMESA provides for a process analogous to a voluntary bankruptcy process under Chapter 9 of the United States Bankruptcy Code.
After over five years of negotiations, a substantial portion of the Company’s Puerto Rico exposure was resolved in 2022 in accordance with four orders entered by the United States District Court of the District of Puerto Rico (Federal District Court of Puerto Rico) related to the Company’s exposure to all insured Puerto Rico credits experiencing payment default in 2022 except PREPA (2022 Puerto Rico Resolutions). As a result of the 2022 Puerto Rico Resolutions, during 2022 the Company’s obligations under its insurance policies covering debt of the Puerto Rico Convention Center District Authority
(PRCCDA) and Puerto Rico Infrastructure Authority (PRIFA) were extinguished, and its insurance exposure to Puerto Rico general obligations (GO) bonds, Public Buildings Authority (PBA) bonds and PRHTA bonds was greatly reduced. On August 31, 2023, the Company extinguished its remaining exposure to GO and PBA bonds by satisfying its obligations to insured bondholders holding custody receipts representing interests in legacy insured GO and PBA bonds.
Under the Modified Eighth Amended Title III Joint Plan of Adjustment of the Commonwealth of Puerto Rico, the Employees Retirement System of the Government of the Commonwealth of Puerto Rico, and the Puerto Rico Public Buildings Authority (GO/PBA Plan), the Company received cash, new general obligation bonds (New GO Bonds) and contingent value instruments (CVIs). In connection with the Modified Fifth Amended Title III Plan of Adjustment for PRHTA (HTA Plan) and related arrangements, the Company received cash and new bonds backed by toll revenues (Toll Bonds, and together with the New GO Bonds, New Recovery Bonds) from the PRHTA and CVIs from the Commonwealth. Cash, New Recovery Bonds and CVIs received pursuant to the 2022 Puerto Rico Resolutions are collectively referred to as Plan Consideration.
Upon receipt, Plan Consideration was reported in either cash, investments or FG VIEs’ assets as described below.
Investments and cash. Plan Consideration received in respect of bondholders whose principal of bonds insured by the Company were accelerated and became due and payable under the 2022 Puerto Rico Resolutions, or subsequently matured or extinguished, and the remaining New Recovery Bonds and CVIs were reported as follows: (i) cash, (ii) fixed-maturity, available for sale securities (New Recovery Bonds) and (iii) fixed-maturities, trading securities (CVIs). See Note 7, Investments and Cash, for the fair value of the New Recovery Bonds and CVIs remaining as of December 31, 2023.
FG VIEs’ assets. Plan Consideration received in respect of insured bondholders who elected to receive custody receipts that represent an interest in custodial trusts that hold the legacy insurance policy plus Plan Consideration that constitute distributions under the HTA Plan or the GO/PBA Plan were reported in FG VIEs’ assets at the time of the receipt. The Company’s insurance policy continues to guarantee principal and interest coming due on the legacy insured bonds in accordance with the terms of such insurance policy on the originally scheduled legacy bond interest and principal payment dates to the extent that distributions of Plan Consideration are insufficient to pay or prepay such amounts. On August 31, 2023, after notice to certain holders of custody receipts representing interests in legacy insured GO, PBA and HTA bonds, the Company satisfied its obligations under such legacy insured bonds with respect to $108 million net par outstanding as of August 31, 2023, and the custodial trusts released to AGC and AGM New Recovery Bonds and CVIs with a fair value totaling $73 million as of August 31, 2023. On December 28, 2023, all remaining Toll Bonds were redeemed for cash. See Note 8, Financial Guaranty Variable Interest Entities and Consolidated Investment Vehicles.
The Company has sold a portion of New Recovery Bonds and CVIs it received, and may sell in the future any New Recovery Bonds or CVIs it continues to hold. The fair value of any New Recovery Bonds and CVIs that the Company retains will fluctuate from their date of acquisition. Any gains or losses on sales of New Recovery Bonds and CVIs in the investment portfolio are reported as realized gains and losses on investments and fair value gains (losses) on trading securities, respectively, rather than loss and LAE.
The CVIs are intended to provide creditors with additional recoveries tied to the outperformance of the Puerto Rico 5.5% Sales and Use Tax receipts against May 2020 certified fiscal plan projections, subject to annual and lifetime caps. As of December 31, 2023, all of the CVIs are reported in fixed-maturity securities, trading.
The Company is continuing its efforts to resolve theone remaining Puerto Rico insured exposure that is in payment default, PREPA. Economic, political and legal developments, including inflation and increases in the cost of petroleum products, may impact any resolution of the Company’s PREPA insured exposure and the value of any remaining consideration received in connection with the 2022 Puerto Rico Resolutions or any future resolutions of the Company’s PREPA insured exposures. The impact of developments relating to Puerto Rico during any quarter or year could be material to the Company’s results of operations and shareholders’ equity.
Puerto Rico Par and Debt Service Schedules
The following tables show the Company’s insured exposure to general obligation bonds of Puerto Rico and various obligations of its related authorities and public corporations.
Puerto Rico
Gross Par and Gross Debt Service Outstanding
| Gross Par Outstanding · Gross Debt Service Outstanding | ||||
|---|---|---|---|---|
| As of December 31, | As of December 31, | |||
| 2023 | 2022 | 2023 | 2022 | |
| (in millions) | ||||
| Exposure to Puerto Rico | $1,120 | $1,378 | $1,526 | $1,899 |
Puerto Rico
Net Par Outstanding
| As of December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| (in millions) | ||
| Defaulted Puerto Rico Exposures | ||
| PREPA | $624 | $720 |
| Total Defaulted | 624 | 720 |
| Resolved Puerto Rico Exposures (1) | ||
| PRHTA (Transportation revenue) | 244 | 298 |
| PRHTA (Highway revenue) | 128 | 182 |
| Commonwealth of Puerto Rico - GO | — | 25 |
| PBA | — | 4 |
| Total Resolved | 372 | 509 |
| Other Puerto Rico Exposures (2) | ||
| MFA | 108 | 131 |
| Puerto Rico Aqueduct and Sewer Authority (PRASA) and the University of Puerto Rico (U of PR) | 1 | 1 |
| Total Other | 109 | 132 |
| Total net exposure to Puerto Rico | $1,105 | $1,361 |
(1) Resolved pursuant to the 2022 Puerto Rico Resolutions. In January 2024, $144 million of the remaining PRHTA net par was paid down. The remaining liabilities are payable in full by the U.S. Insurance Subsidiaries under their financial guaranty policies and are no longer dependent on the credit of PRHTA.
(2) All debt service on these insured exposures have been paid to date without any insurance claim being made on the Company.
The following table shows the scheduled amortization of the insured general obligation bonds of Puerto Rico and various obligations of its related authorities and public corporations. The Company guarantees payment of interest and principal when those amounts are scheduled to be paid and cannot be required to pay on an accelerated basis, although in certain circumstances it may elect to do so. In the event that obligors default on their obligations, the Company would only be required to pay the shortfall between the debt service due in any given period and the amount paid by the obligors.
Amortization Schedule of Puerto Rico
Net Par Outstanding and Net Debt Service Outstanding
| Scheduled Net Par Amortization · Scheduled Net Debt Service Amortization | ||
|---|---|---|
| (in millions) | ||
| 2024 (January 1 - March 31) | $— | $24 |
| 2024 (April 1 - June 30) | — | 3 |
| 2024 (July 1 - September 30) | 110 | 134 |
| 2024 (October 1 - December 31) | — | 3 |
| Subtotal 2024 | 110 | 164 |
| 2025 | 84 | 132 |
| 2026 | 140 | 185 |
| 2027 | 120 | 158 |
| 2028 | 81 | 114 |
| 2029-2033 | 233 | 353 |
| 2034-2038 | 220 | 274 |
| 2039-2041 | 117 | 128 |
| Total | $1,105 | $1,508 |
PREPA
As of December 31, 2023, the Company had $624 million insured net par outstanding of PREPA obligations. The Company believes that the PREPA bonds are secured by a lien on the revenues of the electric system.
On April 8, 2022, Judge Laura Taylor Swain of the Federal District Court of Puerto Rico issued an order appointing as members of a PREPA mediation team U.S. Bankruptcy Judges Shelley Chapman (lead mediator), Robert Drain and Brendan Shannon. Judge Swain also entered a separate order establishing the terms and conditions of mediation, including that the mediation would terminate on June 1, 2022. Judge Swain has since extended the term of such mediation several times, most recently on September 29, 2023 extending the term to March 29, 2024. The FOMB filed an initial plan of adjustment and disclosure statement for PREPA with the Federal District Court of Puerto Rico on December 16, 2022.
On March 22, 2023, the Federal District Court of Puerto Rico held that the PREPA bondholders had perfected liens only in revenues that had been deposited in the sinking fund established under the PREPA trust agreement and related funds over which the bond trustee had control but did not have a lien in future revenues until deposited in those funds. The Federal District Court of Puerto Rico also held, however, that PREPA bondholders do have recourse under the PREPA trust agreement in the form of an unsecured net revenue claim. At that time, the Federal District Court of Puerto Rico declined to value the unsecured net revenue claim or the method for its determination. The ultimate value of the claim, according to the Federal District Court of Puerto Rico, should be determined through a claim estimation proceeding.
On June 6-8, 2023, the Federal District Court of Puerto Rico held a claim estimation proceeding and, on June 26, 2023, issued an opinion and order estimating the unsecured net revenue claim to be $2.4 billion as of July 3, 2017. This estimate included a determination that PREPA’s discounted cash flows, using the FOMB’s base-case incremental net revenues over a 100-year collection period and a discount rate of 7%, would be $3.0 billion, and should be reduced by an additional 20% for collection risk. PREPA bondholders had sought an unsecured net revenue claim of approximately $8.5 billion.
On November 17, 2023, the Federal District Court of Puerto Rico approved the supplemental disclosure statement (Supplemental Disclosure Statement) supporting the PREPA plan of adjustment filed by the FOMB (as amended or modified from time to time). On December 29, 2023, FOMB filed with the Federal District Court of Puerto Rico its most recent plan of adjustment for PREPA, the Fourth Amended Title III Plan of Adjustment (FOMB PREPA Plan). The Supplemental Disclosure Statement and the FOMB PREPA Plan are based on the last revised PREPA fiscal plan certified by the FOMB on June 23, 2023 (2023 PREPA Fiscal Plan).
On November 28, 2023, the Federal District Court of Puerto Rico finally adjudicated all claims and counterclaims in the PREPA lien challenge adversary proceeding. On November 30, 2023, the Company filed a notice of appeal with the United
States Court of Appeals for the First Circuit (First Circuit) for portions of the March 22, 2023 decision, including the lien scope ruling and the need for a claim estimation proceeding, as well as the June 26, 2023 claim estimation ruling. On January 29, 2024, the First Circuit heard oral arguments for the Company’s appeals.
The FOMB PREPA Plan would split bondholders into two groups: one that would settle litigation regarding whether creditor repayment is limited to existing accounts, and another group that would continue litigating whether bondholders are secured by PREPA’s current and future revenue collections. The FOMB PREPA Plan also would further split settling bondholders into two sub-groups: one consisting of certain original settling bondholders that would receive an enhanced recovery (compared to non-settling bondholders) plus other supporting creditor payments, while the second settling sub-group would receive only the enhanced recovery. The FOMB asserts that, other than for pension claims, PREPA’s debt capacity is $2.5 billion, of which approximately $1.4 billion is allocated to settling creditors. The remaining $1.1 billion is allocated to (i) non-settling bondholders, and (ii) general unsecured creditors (GUCs). The most recent revised FOMB PREPA Plan provides for reduced payments to bondholders since lower projected PREPA revenues are included in the 2023 PREPA Fiscal Plan than had been previously anticipated. The FOMB PREPA Plan estimates that non-settling bondholders will receive a recovery of 12.5% of their allowed unsecured net revenue claim. The Company is opposed to the FOMB PREPA Plan and has joined with a group of non-settling bondholders that continue to litigate whether creditor repayments will include future revenue collections.
The confirmation hearing for the FOMB PREPA Plan is currently scheduled to occur in March 2024.
PRHTA
As of December 31, 2023, the Company had $372 million of insured net par outstanding of legacy PRHTA bonds: $244 million insured net par outstanding of PRHTA (transportation revenue) bonds and $128 million insured net par outstanding of PRHTA (highway revenue) bonds. This net par outstanding primarily represents the Company’s exposure in respect of legacy insured PRHTA bondholders who elected to receive custody receipts that represent an interest in the legacy insurance policy plus Plan Consideration.
In the fourth quarter of 2023, all of the Toll Bonds in the HTA Puerto Rico Trusts were called, resulting in cash proceeds of $154 million. Such cash proceeds comprise the vast majority of the assets in the Puerto Rico Trusts as of December 31, 2023. In January 2024, such proceeds were used to pay down a portion of the liabilities of the Puerto Rico Trusts. The remaining liabilities of the Puerto Rico Trusts are payable in full by the U.S. Insurance Subsidiaries under their financial guaranty policies and are no longer dependent on the credit of PRHTA.
Puerto Rico Litigation
Currently, there are numerous legal actions relating to the default by the Commonwealth and certain of its instrumentalities on debt service payments, and related matters, and the Company is a party to a number of them. The Company has taken legal action, and may take additional legal action in the future, to enforce its rights with respect to the remaining Puerto Rico obligations it still insures. In addition, the Commonwealth, the FOMB and others have taken legal action naming the Company as party.
Certain legal actions involving the Company and relating to the Commonwealth, PRCCDA, PRIFA or PRHTA, were resolved on March 15, 2022, and all remaining legal actions involving the Company and relating to PRHTA were resolved on December 6, 2022, in connection with the consummation of the 2022 Puerto Rico Resolutions. There remains one active proceeding related to PREPA, while there are a number of unresolved proceedings involving the Company and relating to the default by the Commonwealth or its instrumentalities that remain stayed pending the Federal District Court of Puerto Rico’s determination on the PREPA plan of adjustment.
The remaining active proceeding was initiated by the FOMB in the Federal District Court of Puerto Rico on July 1, 2019 against U.S. Bank National Association, as trustee for PREPA’s bonds, objecting to and challenging the validity, enforceability, and extent of prepetition security interests securing those bonds and seeking other relief. On September 30, 2022, the FOMB filed an amended complaint against the trustee (i) objecting to and challenging the validity, enforceability, and extent of prepetition security interests securing PREPA’s bonds and (ii) arguing that PREPA bondholders’ recourse was limited to certain deposit accounts held by the trustee. On October 7, 2022, the court approved a stipulation permitting AGM and AGC to intervene as defendants. Summary judgment motions were filed by plaintiffs and defendants on October 24, 2022. On March 22, 2023, the Federal District Court of Puerto Rico granted in part and denied in part each party’s cross-motions for summary judgment. The Federal District Court of Puerto Rico found that the PREPA bondholders had perfected liens only in revenues that had been deposited in the sinking fund established under the PREPA trust agreement and related funds over which the bond trustee had control. The Federal District Court of Puerto Rico also held that the PREPA bondholders do have recourse under the trust agreement in the form of an unsecured net revenue claim. In a June 26, 2023 opinion, the court estimated the PREPA bondholders’ allowed unsecured net revenue claim to be $2.4 billion, which the court calculated by largely adopting the conclusions in the FOMB’s expert report. On May 3, 2023, the court denied PREPA bondholders’ request to certify their interlocutory appeal of the finding that the PREPA bondholders had perfected liens only in revenues that had been deposited in the sinking fund established under the PREPA trust agreement and related funds over which the bond trustee had control. On May 15, 2023, the FOMB filed its motion to dismiss the Trustee’s and bondholders’ counterclaims, which was granted by the court on November 28, 2023. AGM and AGC filed a notice of appeal on November 30, 2023. On January 29, 2024, the First Circuit heard oral arguments for the Company’s appeals.
The unresolved proceedings initiated in the Federal District Court of Puerto Rico involving the Company and relating to the default by the Commonwealth or its instrumentalities that remain stayed pending the Federal District Court of Puerto Rico’s determination on the PREPA plan of adjustment are:
AGM and AGC motion to compel the FOMB to certify the PREPA restructuring support agreement executed in May 2019 (PREPA RSA) for implementation under Title VI of PROMESA.
AGM and AGC motion to dismiss PREPA’s Title III Bankruptcy proceeding or, in the alternative, to lift the PROMESA automatic stay to allow for the appointment of a receiver.
Adversary complaint by certain fuel line lenders of PREPA against AGM and AGC, among other parties, including various PREPA bondholders and bond insurers, seeking, among other things, declarations that there is no valid lien securing the PREPA bonds unless and until such lenders are paid in full, as well as orders subordinating the PREPA bondholders’ lien and claims to such lenders’ claims, and declaring the PREPA RSA null and void.
AGM and AGC motion to intervene in lawsuit by the retirement system for PREPA employees against, among others, the FOMB, PREPA, the Commonwealth, and the trustee for PREPA bondholders seeking, among other things, declarations that there is no valid lien securing the PREPA bonds other than on amounts in the sinking funds, and order subordinating the PREPA bondholders’ lien and claim to the PREPA employees’ claims.
Specialty Business
The Company also guarantees specialty business with risk profiles similar to those of its structured finance exposures written in financial guaranty form.
Specialty Business
| As of December 31, 2023 | As of December 31, 2022 | |||
|---|---|---|---|---|
| Gross Exposure | Net Exposure | Gross Exposure | Net Exposure | |
| (in millions) | ||||
| Insurance securitizations (1) | $1,370 | $1,043 | $1,314 | $986 |
| Aircraft residual value insurance policies | 355 | 200 | 355 | 200 |
| Other guaranties | 2,057 | 2,057 | 228 | 228 |
(1) Insurance securitizations net exposure is projected to reach $1.2 billion in 2026.
All other exposures in the table above are rated investment-grade, except gross exposure of $144 million and net exposure of $84 million of aircraft residual value insurance, as of both December 31, 2023 and December 31, 2022.
Other guaranties in specialty business include an excess-of-loss guaranty of a minimum amount of billed rent on a diversified portfolio of real estate properties with an internal rating of AA that matures in 2042. The Company’s maximum potential exposure under this guaranty, which is accounted for in accordance with Accounting Standards Codification (ASC) 460, Guarantees, was $1.6 billion as of December 31, 2023.
- Expected Loss to be Paid (Recovered)
Net expected loss to be paid (recovered) is equal to the present value of expected future cash outflows for loss and LAE payments, net of: (i) inflows for expected salvage, subrogation and other recoveries; (ii) excess spread on underlying collateral, as applicable, and (iii) amounts ceded to reinsurers. Cash flows are discounted at current risk-free rates. The Company updates the discount rates each quarter and reflects the effect of such changes in economic loss development.
Expected cash outflows and inflows are probability weighted cash flows that reflect management’s assumptions about the likelihood of all possible outcomes based on all information available to the Company. Those assumptions consider the relevant facts and circumstances and are consistent with the information tracked and monitored through the Company’s surveillance and risk-management functions. Expected loss to be paid (recovered) is important in that it represents the present value of amounts that the Company expects to pay or recover in future periods for all contracts.
Insured obligations with expected losses that were purchased by the Company are referred to as Loss Mitigation Securities and are recorded in the investment portfolio at fair value, excluding the value of the Company’s insurance. Concurrently, the Company reduces any related expected loss to be paid (recovered). For Loss Mitigation Securities, the difference between the purchase price of the insured obligation and the fair value excluding the value of the Company’s insurance (on the date of acquisition) is treated as a paid loss. See Note 7, Investments and Cash, and Note 9, Fair Value Measurement.
Similarly, in cases where issuers of insured obligations elected (or where an issuer and the Company negotiated) to deliver the underlying collateral, insured obligation, or a new security to the Company, expected loss to be paid (recovered) is reduced and the asset received is prospectively accounted for under the applicable guidance for that instrument.
Economic loss development represents the change in net expected loss to be paid (recovered) attributable to the effects
of changes in the economic performance of insured transactions, changes in assumptions based on observed market trends, changes in discount rates, accretion of discount and the economic effects of loss mitigation efforts.
In order to effectively evaluate and manage the economics and liquidity of the entire insured portfolio, management assigns ratings and calculates expected loss to be paid (recovered), on contract-by-contract basis, in the same manner for all its exposures regardless of form or differing accounting models. The exposure reported in Note 3, Outstanding Exposure includes policies accounted for under various accounting models depending on the characteristics of the contract and the Company’s control rights. The three primary models are: (1) insurance, as described in Note 5, Contracts Accounted for as Insurance; (2) derivatives, as described in Note 6, Contracts Accounted for as Credit Derivatives, and Note 9, Fair Value Measurement; and (3) FG VIE consolidation, as described in Note 8, Financial Guaranty Variable Interest Entities and Consolidated Investment Vehicles. The Company has paid and expects to pay future losses and/or recover past losses on policies which fall under each of these accounting models. This note provides information regarding expected claim payments to be made and/or recovered under all contracts in the insured portfolio.
Loss Estimation Process
The Company’s loss reserve committees estimate expected loss to be paid (recovered) for all contracts by reviewing analyses that consider various scenarios with corresponding probabilities assigned to them. Depending upon the characteristics of the risk, the Company’s view of the potential size of any loss and the information available to the Company, that analysis may be based upon individually developed cash flow models, internal credit rating assessments, sector-driven loss severity assumptions and/or judgmental assessments. In the case of its assumed business, the Company may conduct its own analysis as just described or, depending on the Company’s view of the potential size of any loss and the information available to the Company, the Company may use loss estimates provided by ceding insurers. Each quarter, the Company’s loss reserve committees review and refresh their loss projection assumptions, scenarios and the probabilities they assign to those scenarios based on developments during the period and their view of future performance.
The financial guaranties issued by the Company insure the credit performance of the guaranteed obligations over an extended period of time, in some cases over 30 years, and in most circumstances the Company has no right to cancel such financial guaranties. As a result, the Company’s estimate of ultimate loss on a policy is subject to significant uncertainty over the life of the insured transaction. Credit performance can be affected by economic, fiscal and financial market developments over the life of most contracts.
The Company does not use traditional actuarial approaches to determine its estimates of expected losses. The determination of expected loss to be paid (recovered) is an inherently subjective process involving numerous estimates, assumptions and judgments by management, using both internal and external data sources with regard to frequency and severity of loss, economic projections, governmental actions, legal developments, negotiations, recovery rates, delinquency and prepayment rates, timing of cash flows, and other factors that affect credit performance. These estimates, assumptions and judgments, and the factors on which they are based, may change materially over a reporting period, and have a material effect on the Company’s financial statements. Each quarter, the Company may revise its scenarios and update its assumptions, including the probability weightings of its scenarios, based on public as well as nonpublic information obtained through its surveillance and loss mitigation activities.
Changes over a reporting period in the Company’s loss estimates for public finance obligations supported by specified revenue streams, such as revenue bonds issued by toll road authorities, municipal utilities or airport authorities, generally will be influenced by factors impacting their revenue levels, such as changes in demand; changing demographics; and other economic factors, especially if the obligations do not benefit from financial support from other tax revenues or governmental authorities. Changes over a reporting period in the Company’s loss estimates for its tax-supported and general obligation public finance transactions generally will be influenced by factors impacting the public issuer’s ability and willingness to pay, such as changes in the economy and population of the relevant area; changes in the issuer’s ability or willingness to raise taxes, decrease spending or receive federal assistance; new legislation; rating agency actions that affect the issuer’s ability to refinance maturing obligations or issue new debt at a reasonable cost; changes in the priority or amount of pensions and other obligations owed to workers; developments in restructuring or settlement negotiations; and other political and economic factors. Changes in loss estimates may also be affected by the Company’s loss mitigation efforts and other variables.
Changes in the Company’s loss estimates for structured finance transactions generally will be influenced by factors impacting the performance of the assets supporting those transactions. For example, changes over a reporting period in the Company’s loss estimates for its RMBS transactions may be influenced by factors such as the level and timing of loan defaults experienced, changes in housing prices, results from the Company’s loss mitigation activities, and other variables.
Net economic loss development (benefit) over a reporting period may be attributable to a number of interrelated factors such as changes in discount rates, improvement or deterioration of transaction performance, changes in charge-offs, loss mitigation activity, changes to projected default curves, changes in severity rates, and outcome of disputed issues. Actual losses will ultimately depend on future events, transaction performance or other factors that are difficult to predict. As a result, the Company’s current projections of certain losses may be subject to considerable uncertainty and may not reflect the Company’s ultimate claims paid.
In some instances, the terms of the Company’s policy or the terms of certain workout orders and resolutions give it the option to pay principal losses that have been recognized in the transaction but which it is not yet required to pay, thereby reducing the amount of guaranteed interest due in the future. The Company has sometimes exercised this option, which results in an acceleration of cash outflows but reduces overall losses paid.
Net Expected Loss to be Paid (Recovered) and Net Economic Loss Development (Benefit)
by Accounting Model
| Net Expected Loss to be Paid (Recovered) · Net Economic Loss Development (Benefit) | |||||
|---|---|---|---|---|---|
| As of December 31, · Year Ended December 31, | |||||
| Accounting Model | 2023 | 2022 | 2023 | 2022 | 2021 |
| (in millions) | |||||
| Insurance (see Note 5) | $263 | $205 | $174 | $(112) | $(281) |
| FG VIEs (see Note 8) (1) | 240 | 314 | (11) | (17) | (20) |
| Credit derivatives (see Note 6) | 2 | 3 | 1 | 4 | 14 |
| Total | $505 | $522 | $164 | $(125) | $(287) |
(1) The net expected loss to be paid for FG VIEs primarily relates to trusts established as part of the 2022 Puerto Rico Resolutions (Puerto Rico Trusts) that were consolidated.
The following tables present a roll forward of net expected loss to be paid (recovered) for all contracts, which are accounted for under one of the following accounting models: insurance, derivative and FG VIE. The Company used risk-free rates for U.S. dollar denominated obligations that ranged from 3.79% to 5.40% with a weighted average of 4.10% as of December 31, 2023 and 3.82% to 4.69% with a weighted average of 4.08% as of December 31, 2022. Net expected losses to be paid for U.S. dollar denominated transactions represented approximately 96.1% and 98.5% of the total as of December 31, 2023 and December 31, 2022, respectively.
Roll Forward
| Year Ended December 31, | |||
|---|---|---|---|
| 2023 | 2022 | 2021 | |
| (in millions) | |||
| Net expected loss to be paid (recovered), beginning of period | $522 | $411 | $529 |
| Economic loss development (benefit) due to: | |||
| Accretion of discount | 20 | 16 | 7 |
| Changes in discount rates | 3 | (115) | (33) |
| Changes in timing and assumptions | 141 | (26) | (261) |
| Total economic loss development (benefit) | 164 | (125) | (287) |
| Net (paid) recovered losses (1) | (181) | 236 | 169 |
| Net expected loss to be paid (recovered), end of period | $505 | $522 | $411 |
(1) Net (paid) recovered losses in 2023 include recoveries related to various Puerto Rico securities transferred to the Company's investment portfolio upon the maturity and extinguishment of certain GO, PBA and HTA insured exposure. Net (paid) recovered losses in 2022 include the net amounts received pursuant to the 2022 Puerto Rico Resolutions, as described in Note 3, Outstanding Exposure.
Roll Forward by Sector
| Sector | Net Expected Loss to be Paid (Recovered) as of December 31, 2022 | Net Economic LossDevelopment (Benefit) | Net(Paid)RecoveredLosses (1) | Net Expected Loss to be Paid (Recovered) as of December 31, 2023 |
|---|---|---|---|---|
| (in millions) | ||||
| Public finance: | ||||
| U.S. public finance | $403 | $201 | $(206) | $398 |
| Non-U.S. public finance | 9 | 11 | — | 20 |
| Public finance | 412 | 212 | (206) | 418 |
| Structured finance: | ||||
| U.S. RMBS | 66 | (56) | 33 | 43 |
| Other structured finance | 44 | 8 | (8) | 44 |
| Structured finance | 110 | (48) | 25 | 87 |
| Total | $522 | $164 | $(181) | $505 |
| Sector | Net Expected Loss to be Paid (Recovered) as of December 31, 2021 | Net Economic LossDevelopment (Benefit) | Net(Paid)RecoveredLosses (1) | Net Expected Loss to be Paid (Recovered) as of December 31, 2022 |
|---|---|---|---|---|
| (in millions) | ||||
| Public finance: | ||||
| U.S. public finance | $197 | $19 | $187 | $403 |
| Non-U.S. public finance | 12 | (2) | (1) | 9 |
| Public finance | 209 | 17 | 186 | 412 |
| Structured finance: | ||||
| U.S. RMBS | 150 | (143) | 59 | 66 |
| Other structured finance | 52 | 1 | (9) | 44 |
| Structured finance | 202 | (142) | 50 | 110 |
| Total | $411 | $(125) | $236 | $522 |
| Sector | Net Expected Loss to be Paid (Recovered) as of December 31, 2020 | Net Economic LossDevelopment (Benefit) | Net(Paid)RecoveredLosses (1) | Net Expected Loss to be Paid (Recovered) as of December 31, 2021 |
|---|---|---|---|---|
| (in millions) | ||||
| Public finance: | ||||
| U.S. public finance | $305 | $(182) | $74 | $197 |
| Non-U.S. public finance | 36 | (22) | (2) | 12 |
| Public finance | 341 | (204) | 72 | 209 |
| Structured finance: | ||||
| U.S. RMBS | 148 | (100) | 102 | 150 |
| Other structured finance | 40 | 17 | (5) | 52 |
| Structured finance | 188 | (83) | 97 | 202 |
| Total | $529 | $(287) | $169 | $411 |
(1) Net of ceded paid losses, whether or not such amounts have been settled with reinsurers. Ceded paid losses are typically settled 45 days after the end of the reporting period. Such amounts are recorded as reinsurance recoverable on paid losses in “other assets.”
The tables above include: (i) net LAE paid of $25 million, $33 million and $36 million for the years ended December 31, 2023, 2022 and 2021, respectively; and (ii) net expected LAE to be paid of $22 million as of December 31, 2023 and $11 million as of December 31, 2022.
Public Finance
The largest component of public finance net expected losses to be paid (recovered) and net economic loss development (benefit) are U.S. exposures, including Puerto Rico exposures, which are discussed in Note 3, Outstanding Exposure.
U.S. RMBS Loss Projections
The Company projects losses on its insured U.S. RMBS on a transaction-by-transaction basis by projecting the performance of the underlying pool of mortgages over time and then applying the structural features (e.g., payment priorities and tranching) of the RMBS and any expected representation and warranty recoveries/payables to the projected performance of the collateral over time. The resulting projected claim payments or reimbursements are then discounted using risk-free rates.
The further behind mortgage borrowers fall in making payments, the more likely it is that they will default. The rate at which borrowers from a particular delinquency category (number of monthly payments behind) eventually default is referred to as the “liquidation rate.” The Company derives its liquidation rate assumptions from observed roll rates, which are the rates at which loans progress from one delinquency category to the next and eventually to default and liquidation. The Company applies liquidation rates to the mortgage loan collateral in each delinquency category and makes certain timing assumptions to project near-term mortgage collateral defaults from loans that are currently delinquent.
Mortgage borrowers that are not behind on payments and have not fallentwo or more payments behind in the lasttwo years (generally considered performing borrowers) have demonstrated an ability and willingness to pay through challenging economic periods, and as a result are viewed as less likely to default than delinquent borrowers or those that have experienced delinquency recently. Performing borrowers that eventually default will also need to progress through delinquency categories before any defaults occur. The Company projects how many of the currently performing loans will default and when they will default, by first converting the projected near term defaults of delinquent borrowers derived from liquidation rates into a vector of conditional default rates (CDR), then projecting how the CDR will develop over time. Loans that are defaulted pursuant to the CDR after the near-term liquidation of currently delinquent loans represent defaults of currently performing loans and projected re-performing loans. The CDR is the outstanding principal amount of defaulted loans liquidated in the current month divided by the remaining outstanding amount of the whole pool of loans (collateral pool balance). The collateral pool balance decreases over time as a result of scheduled principal payments, partial and whole principal prepayments, and defaults.
In order to derive collateral pool losses from the collateral pool defaults it has projected, the Company applies a loss severity. The loss severity is the amount of loss the transaction experiences on a defaulted loan after the application of net proceeds from the disposal of the underlying property. The Company projects loss severities by sector and vintage based on its experience to date. The Company continues to update its evaluation of these loss severities as new information becomes available.
The Company projects the overall future cash flow from a collateral pool by adjusting the payment stream from the principal and interest contractually due on the underlying mortgages for the collateral losses it projects as described above; assumed voluntary prepayments; and servicer advances. The Company then applies an individual model of the structure of the transaction to the projected future cash flow from that transaction’s collateral pool to project the Company’s future claims and claim reimbursements for that individual transaction. Finally, the projected claims and reimbursements are discounted using risk-free rates. The Company runs several sets of assumptions regarding mortgage collateral performance, or scenarios, and probability weights them.
Each period the Company reviews the assumptions it uses to make RMBS loss projections with consideration of updates on the performance of its insured transactions (including early-stage delinquencies, late-stage delinquencies and loss severity) as well as the residential property market and economy in general. To the extent it observes changes, it makes a judgment as to whether those changes are normal fluctuations or part of a more prolonged trend. The assumptions that the Company uses to project RMBS losses are shown in the sections below.
Net Economic Loss Development (Benefit)
U.S. RMBS
| Year Ended December 31, | |||
|---|---|---|---|
| 2023 | 2022 | 2021 | |
| (in millions) | |||
| First lien U.S. RMBS | $(7) | $(36) | $— |
| Second lien U.S. RMBS | (49) | (107) | (100) |
First Lien U.S. RMBS Loss Projections: Alt-A, Prime, Option ARM and Subprime
The majority of projected losses in first lien U.S. RMBS transactions are expected to come from non-performing mortgage loans (those that are or have recently beentwo or more payments behind, have been modified, are in foreclosure, or have been foreclosed upon). Changes in the amount of non-performing loans from the amount projected in the previous period are one of the primary drivers of loss projections in this portfolio. In order to project the number of defaults arising from these delinquent and foreclosed loans, the Company applies a liquidation rate assumption to loans in each of various non-performing categories. The Company arrived at its liquidation rates based on data purchased from a third-party provider and assumptions about how delays in the foreclosure process and loan modifications may ultimately affect the rate at which loans are liquidated. Each quarter the Company reviews recent data and (if necessary) adjusts its liquidation rates based on its observations. The following table shows liquidation assumptions for various non-performing and re-performing categories.
First Lien U.S. RMBS Liquidation Rates
| As of December 31, 2023 · As of December 31, 2022 | ||||||
|---|---|---|---|---|---|---|
| Range · Range | ||||||
| Current but recently delinquent | 20% | 20% | ||||
| 30 – 59 Days Delinquent | 30% | – | 35% | 30% | – | 35% |
| 60 – 89 Days Delinquent | 40% | – | 45% | 40% | – | 45% |
| 90+ Days Delinquent | 45% | – | 60% | 45% | – | 60% |
| Bankruptcy | 40% | – | 50% | 40% | – | 50% |
| Foreclosure | 55% | – | 65% | 55% | – | 65% |
| Real Estate Owned | 100% | 100% | ||||
While the Company uses the liquidation rates above to project defaults of non-performing loans (including current loans that were recently modified or delinquent), it projects defaults on presently current loans by applying a CDR curve. The start of that CDR curve is based on the defaults the Company projects will emerge from currently nonperforming, recently nonperforming and modified loans. The total amount of expected defaults from the non-performing loans is translated into a constant CDR (i.e., the CDR plateau), which, if applied for each of the next 36 months, results in the projection of the defaults that are expected to emerge from the various delinquency categories. The CDR thus calculated individually on the delinquent collateral pool for each RMBS is then used as the starting point for the CDR curve used to project defaults of the presently performing loans.
In the most heavily weighted scenario (the base scenario), after the 36-month CDR plateau period, each transaction’s CDR is projected to improve over 12 months to a final CDR of 5% of the CDR plateau. In the base scenario, the Company assumes the final CDR will be reachedone year after the 36-month CDR plateau period. Under the Company’s methodology, defaults projected to occur in the first 36 months represent defaults that can be attributed to loans that were recently modified or delinquent, or that are currently delinquent or in foreclosure, while the defaults projected to occur using the projected CDR trend after the first 36-month period represent defaults attributable to borrowers that are currently performing or are projected to re-perform.
Another important driver of loss projections is loss severity, which is the amount of loss the transaction incurs on a loan after the application of net proceeds from the disposal of the underlying property. The Company assumes in the base scenario that recent (still historically elevated) loss severities will improve after loans with accumulated delinquencies and foreclosure cost are liquidated. The Company is assuming in the base scenario that the recent levels generally will continue for another 18 months. The Company determines its initial loss severity based on actual recent experience. Each quarter the Company reviews available data and (if necessary) adjusts its severities based on its observations. The Company then assumes that loss severities begin returning to levels consistent with underwriting assumptions beginning after the initial 18-month period, declining to 40% in the base scenario over 2.5 years.
The following table shows the range as well as the average, weighted by outstanding net insured par, for key assumptions used in the calculation of expected loss to be paid (recovered) for individual transactions for vintage 2004 - 2008 first lien U.S. RMBS.
Key Assumptions in Base Scenario Expected Loss Estimates
First Lien U.S. RMBS
| As of December 31, 2023 · As of December 31, 2022 | ||||||||
|---|---|---|---|---|---|---|---|---|
| Range · Weighted Average · Range · Weighted Average | ||||||||
| Alt-A and Prime: | ||||||||
| CDR plateau | 1.4% | – | 9.0% | 3.6% | 1.6% | – | 11.5% | 5.1% |
| Final CDR | 0.1% | – | 0.4% | 0.2% | 0.1% | – | 0.6% | 0.3% |
| Initial loss severity | 50% | 50% | ||||||
| Option ARM: | ||||||||
| CDR plateau | 0.0% | – | 8.9% | 3.3% | 2.0% | – | 7.7% | 4.3% |
| Final CDR | 0.0% | – | 0.4% | 0.2% | 0.1% | – | 0.4% | 0.2% |
| Initial loss severity | 50% | 50% | ||||||
| Subprime: | ||||||||
| CDR plateau | 0.3% | – | 10.0% | 4.4% | 2.7% | – | 9.7% | 5.6% |
| Final CDR | 0.0% | – | 0.5% | 0.2% | 0.1% | – | 0.5% | 0.3% |
| Initial loss severity | 50% | 50% | ||||||
The rate at which the principal amount of loans is voluntarily prepaid may impact both the amount of losses projected (since that amount is a function of the CDR, the loss severity and the loan balance over time) as well as the amount of excess spread (the amount by which the interest paid by the borrowers on the underlying loan exceeds the amount of interest owed on the insured obligations). The assumption for the voluntary conditional prepayment rate (CPR) follows a pattern similar to that of the CDR. The current level of voluntary prepayments is assumed to continue for the plateau period before gradually increasing over 12 months to the final CPR, which is assumed to be 15% in the base scenario. For transactions where the initial CPR is higher than the final CPR, the initial CPR is held constant and the final CPR is not used. These CPR assumptions are the same as those the Company used for December 31, 2022.
The Company incorporates a recovery assumption into its reserving model to reflect observed trends in recoveries of deferred principal balances of modified first lien loans that had been previously written off. For transactions where the Company has detailed loan information, the Company assumes, in the base scenario, that 30% of the deferred loan balances will eventually be recovered upon sale of the collateral or refinancing of the loans. In the first quarter of 2023, in light of volatility in interest rates, the mortgage market and home prices, the Company began incorporating higher (a 50% recovery rate) and lower (a 10% recovery rate) levels into the least and most stressful scenarios, which widened the range of possible outcomes but had a minimal effect on the weighted average recovery, which at the time was 20%. Additionally, in the third quarter of 2023, due to home prices reaching all time highs, the Company increased its scenario based recovery assumptions such that the weighted average recovery percentage increased from 20% to approximately 30%. The effect of these updated assumptions on expected losses was a benefit of $7 million in 2023.
In estimating expected losses, the Company modeled and probability weighted sensitivities for first lien U.S. RMBS transactions by varying its assumptions of how fast a recovery is expected to occur. One of the variables used to model sensitivities was how quickly the CDR returned to its modeled equilibrium, which was defined as 5% of the CDR plateau. The Company also stressed CPR and the speed of recovery of loss severity rates. The Company probability weighted a total offive scenarios as of December 31, 2023 and December 31, 2022.
Certain transactions benefit from excess spread when they are supported by large portions of fixed rate assets (either originally fixed or modified to be fixed) but have insured floating rate debt linked to the Secured Overnight Finance Rate (SOFR). An increase in projected SOFR decreases excess spread, while lower SOFR projections result in higher excess spread.
The Company used a similar approach to establish its scenarios as of December 31, 2023 as it used as of December 31, 2022, increasing and decreasing the periods of stress from those used in the base scenario, except as described above with regards to the increase in deferred principal recoveries. In the Company’s most stressful scenario where 10% of deferred principal balances are assumed to be recovered, loss severities were assumed to rise and then recover over nine years and the initial ramp-down of the CDR was assumed to occur over 16 months, expected loss to be paid would increase from current projections by approximately $30 million for all first lien U.S. RMBS transactions. In the Company’s least stressful scenario where 50% of deferred principal balances are assumed to be recovered, the CDR plateau wassix months shorter (30 months, effectively assuming that liquidation rates would improve) and the CDR recovery was more pronounced (including an initial ramp-down of the CDR over eight months), expected loss to be paid would decrease from current projections by approximately $22 million for all first lien U.S. RMBS transactions.
Second Lien U.S. RMBS Loss Projections
Second lien U.S. RMBS transactions include both home equity lines of credit (HELOC) and closed end second lien mortgages. The Company believes the primary variable affecting its expected losses in second lien RMBS transactions is the amount and timing of future losses or recoveries in the collateral pool supporting the transactions (including recoveries from previously charged-off loans). Expected losses are also a function of the structure of the transaction, the prepayment speeds of the collateral, the interest rate environment and assumptions about loss severity.
The Company estimates the amount of loans that will default over the next several years by first calculating expected liquidation rates for delinquent loans, and applying liquidation rates to currently delinquent loans in order to arrive at an expected dollar amount of defaults from currently delinquent collateral (plateau period defaults).
Similar to the methodology applied to first lien U.S. RMBS transactions, the Company then calculates a CDR that will cause the targeted amount of liquidations to occur during the plateau period.
For the base scenario, the CDR plateau is held constant for 36 months. Once the plateau period ends, the CDR is assumed to trend down in uniform increments forone year to its final long-term steady state CDR (5% of original plateau).
HELOC loans generally permitted the borrower to pay only interest for an initial period (oftenten years) and, after that period, require the borrower to make both the monthly interest payment and a monthly principal payment. This causes the borrower's total monthly payment to increase, sometimes substantially, at the end of the initial interest-only period. A substantial number of loans in the Company’s insured transactions had been modified to extend the interest-only period to 15 years. The majority of the modified loans had reset to fully amortizing by the end of 2022, and most of the remaining loans will reset over the next several years.
The Company has observed the performance of the modified loans that have finally reset to full amortization (which represent the majority of extended loans), and noted low levels of delinquency, even with substantial increases in monthly payments. This observed performance lowers the level of uncertainty regarding this modified cohort as the remainder continue to reset.
When a second lien loan defaults, there is generally a low recovery. The Company assumed, as of December 31, 2023 and December 31, 2022, that it will generally recover 2% of future defaulting collateral at the time of charge-off, with additional amounts of post charge-off recoveries projected to come in over time. A second lien on the borrower’s home may be retained in the Company’s second lien transactions after the loan is charged off and the loss applied to the transaction, particularly in cases where the holder of the first lien has not foreclosed. If the second lien is retained and the value of the home increases, the servicer may be able to use the second lien to increase recoveries, either by arranging for the borrower to resume payments or by realizing value upon the sale of the underlying real estate. The Company evaluates its assumptions quarterly based on actual recoveries of charged-off loans observed from period to period and reasonable expectations of future recoveries. In instances where the Company is able to obtain information on the lien status of charged-off loans, it assumes there will be a certain level of future recoveries of the balance of the charged-off loans where the second lien is still intact. The Company’s base scenario recovery assumption for charged-off loans is 40% (up from 30% in December 31, 2022), as shown in the table below, based on observed trends and reasonable expectations of future recoveries. Such recoveries are assumed to be received evenly over the next five years. In the first quarter of 2023, in light of volatility in interest rates, the mortgage market and home prices, as with the first lien deferred principal balances detailed earlier, the Company also expanded the range of potential recoveries as a percentage of charged off loan balances. In the third quarter of 2023, this range was further expanded to represent a potential for greater future recoveries due to home prices reaching new record highs. The assumptions as of December 31, 2023 ranged from a 10% recovery of charged-off loan balances in the most stressful scenario and an 80% recovery in the least stressful scenario. The effect of these updated assumptions on expected loss to be paid (recovered) was a benefit of $31 million in 2023.
The rate at which the principal amount of loans is prepaid may impact both the amount of losses projected as well as the amount of excess spread. In the base scenario, an average CPR (based on experience of the past year) is assumed to continue until the end of the plateau before gradually increasing to the final CPR over the same period the CDR decreases. The final CPR is assumed to be 15% for second lien U.S. RMBS transactions (in the base scenario), which is lower than the historical average but reflects the Company’s continued uncertainty about the projected performance of the borrowers in these transactions. For transactions where the initial CPR is higher than the final CPR, the initial CPR is held constant and the final CPR is not used. This pattern is consistent with how the Company modeled the CPR as of December 31, 2022. To the extent that prepayments differ from projected levels the Company’s projected excess spread and losses could materially change.
In estimating expected losses, the Company modeled and probability weighted five scenarios, each with a different CDR curve applicable to the period preceding the return to the long-term steady state CDR. The Company believes that the level of the elevated CDR and the length of time it will persist and the ultimate prepayment rate are the primary drivers of the amount of losses the collateral will likely suffer.
The following table shows the range as well as the average, weighted by net par outstanding, for key assumptions used in the calculation of expected loss to be paid (recovered) for individual transactions for vintage 2004 - 2008 HELOCs.
Key Assumptions in Base Scenario Expected Loss Estimates
HELOCs
| As of December 31, 2023 · As of December 31, 2022 | ||||||||
|---|---|---|---|---|---|---|---|---|
| Range · Weighted Average · Range · Weighted Average | ||||||||
| CDR plateau | 0.0% | – | 9.3% | 2.6% | 0.4% | – | 8.4% | 3.5% |
| Final CDR trended down to | 0.0% | – | 0.5% | 0.1% | 0.0% | – | 0.4% | 0.2% |
| Liquidation rates: | ||||||||
| Current but recently delinquent | 20% | 20% | ||||||
| 30 – 59 Days Delinquent | 30 | 30 | ||||||
| 60 – 89 Days Delinquent | 40 | 40 | ||||||
| 90+ Days Delinquent | 60 | 60 | ||||||
| Bankruptcy | 55 | 55 | ||||||
| Foreclosure | 55 | 55 | ||||||
| Real Estate Owned | 100 | 100 | ||||||
| Loss severity on future defaults | 98% | 98% | ||||||
| Projected future recoveries on previously charged-off loans | 10.0% | - | 80.0% | 40.0% | 30% | |||
The Company continues to evaluate the assumptions affecting its modeling results. The Company believes the most important driver of its projected second lien U.S. RMBS losses is the performance of its HELOC transactions.
The Company modeled scenarios with a longer period of elevated defaults and others with a shorter period of elevated defaults. In the Company’s most stressful scenario, assuming 10% recoveries on charged-off loans, increasing the CDR plateau to 42 months and increasing the ramp-down byfour months to 16 months (for a total stress period of 58 months) would decrease the expected recovery by approximately $87 million for HELOC transactions. On the other hand, in the Company’s least stressful scenario, assuming 80% recoveries on charged-off loans, reducing the CDR plateau to 30 months and decreasing the length of the CDR ramp-down toeight months (for a total stress period of 38 months) and lowering the ultimate prepayment rate to 10% would increase the expected recovery by approximately $118 million for HELOC transactions.
Recovery Litigation and Dispute Resolution
In the ordinary course of their respective businesses, certain of AGL’s subsidiaries are involved in litigation or other dispute resolution with third parties to recover insurance losses paid or return benefits received in prior periods or prevent or reduce losses in the future. The impact, if any, of these and other proceedings on the amount of recoveries the Company ultimately receives and losses it pays in the future is uncertain, and the impact of any one or more of these proceedings during any quarter or year could be material to the Company’s financial statements.
The Company has asserted claims in a number of legal proceedings in connection with its exposure to Puerto Rico. See Note 3, Outstanding Exposure, for a discussion of the Company’s exposure to Puerto Rico and related recovery litigation being pursued by the Company.
The text of this filing, as the company filed it with the SEC, without its images or exhibits. This is not investment advice.