Captive Insight Vol I | Page 9

FOURTH QUARTER 2013 | ISSUE 1 U nder the Insurance Law of the Cayman Islands, a Class C License is required for the carrying on of insurance business involving the provision of reinsurance arrangements in respect of which the insurance obligations of the Class C Insurer are limited in recourse to and collateralised by the Class C Insurer’s funding sources or the proceeds of such funding sources which include the issuance of bonds or other instruments, contracts for differences and other such funding mechanisms approved by [the Cayman Islands Monetary] Authority. This classification is aimed at issuers of catastrophe bonds (cat bonds) and other insurance linked securities (ILS) who raise finance to support reinsurance transactions. 2013 marks 16 years of cat bond issuance since the original architecture for today’s cat bond model was utilised by Residential Reinsurance Limited, a Cayman domiciled reinsurer, to raise $477 million in one-year bonds which facilitated an equivalent measure of single hurricane reinsurance protection to USA. This was swiftly followed by SR Earthquake Fund, Ltd., another Cayman domiciled reinsurer, for which Swiss Re placed $137 million in bonds to provide California earthquake reinsurance. Cayman has been the leading domicile for cat bonds ever since. Innovation has always been the watchword of alternative risk financing. In the last two decades, no sector has seen more innovation than the financing of catastrophe risks, and in particular the direct link between the capital markets and the insurance market in the form of catastrophe bonds (“cat bonds”). The first cat bonds to come to market in 1996/97 created an amount of speculation that it is difficult to envisage today: Would they be understood and accepted by investors? Who would those investors be? How would they price? Was there sufficient transparency? Would the default mechanisms work? Was this a temporary source of reinsurance capacity? They are now, however, a well-established source of reinsurance capacity and an established asset class for investors. While events of default have been few, they have served to prove the viability of these transactions to ceding insurers. As an asset class, they have proven attractive to both generalist and specialist investors. Founded on Innovation Since the inception of the first bond, we have seen numerous innovations in transaction structures. By way of example, while cat bonds are offered only to accredited, mainly institutional investors, many such investors are not permitted to invest in bonds where the principal is fully at risk. What is a Cat Bond? Cat bonds are notes issued by a special purpose reinsurer. They provide for normal redemption at the end of a pre-determined period, but in the event of a catastrophe that falls within defined limits, ie geographic limits, type of loss and size of insured loss, the holders of the bonds contribute. This contribution may be in the form of forfeiture and/or delay of some or all of the notes principal and interest. The defined limits of default are determined by a reinsurance contract between the issuer and an insurance company, for which the maximum limit of coverage equals the note proceeds. In response to this, cat bond issuers break transactions into tranches, offering different classes of bonds to investors with different risk appetites and parameters. These included floating rate and fixed rate bonds. Similarly, the early transactions included interest-only swaps, with independent counter-parties. Later, total return swaps were used. Following the 2008 collapse of Lehman, who were swap counter-party to four live c