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Page 1: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us
Page 2: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Financial Examinations and Market Regulation

Page 3: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

PresentersIgnatius Wheeler, CFE

Chief Examiner

Financial Examinations

[email protected]

David Moskowitz, CFE

Assistant Chief Examiner – Market Conduct

[email protected]

Steve Carter, CFE, AIE, FLMI, AIRC Senior Examiner

[email protected]

Royston Lanning, CPA, CFE

Market Analyst

[email protected]

Page 4: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Topics of Discussion• Overview of Financial Program

• Organizational Structure

• Examinations– Examination Key Processes– Coordination with Other States– Risk Focused Examinations– Texas Policies and Procedures Manual– Examination Tools

• Market Regulation– Market Conduct Examinations– Market Conduct Surveillance Act– Market Analysis– NAIC Support

• Q & A

Page 5: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Overview of Financial Program

• Serves as the primary solvency guardian for policyholders

• Seeks to detect financial concerns early and take prompt action by applying available statutes, rules and procedures to prevent insolvency and consumer problems

• Priorities focus on “firm, fair, effective, and efficient” regulation for all insurance entities, while reducing impediments to competition

Page 6: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Organization Charts – Financial Program

Danny Saenz, CFESenior Associate Commissioner

Financial Program

Godwin OhaechesiCFE

Director - Company Licensing &Registration

Mike BoernerASA, MAAA

Managing Actuary

Doug SlapeCFE, CISA

Chief Financial Analyst

Ignatius WheelerCFE

Chief Examiner

Angel GarrettCPA, CFE

Director - Rehabilitation and

Liquidation Oversight

Page 7: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Organization Charts – Examinations

David MoskowitzCFE

Assistant Chief Examiner

Market Conduct

Linda Peters, CFE

Assistant Chief Examiner

AES

Zeke Ramirez, CFE, CPA

Assistant Chief Examiner

Financial - Central

Eric Reiner,CPA, CFE

Assistant Chief Examiner

Financial - South

Gigi Paul, CPA, CFE

Acting Assistant Chief Examiner

Financial - North

Jamie Walker, CFE

Assistant Chief Examiner

Examination Reports

Ignatius WheelerCFE

Chief Examiner

Page 8: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Organization Charts – Market ConductDavid Moskowitz, CFE

Assistant Chief ExaminerMarket Conduct

Steve Carter, CFE, AIE, FLMI, AIRCSenior Market Conduct Examiner

John Sedgwick, CPA, CIE, AFEMarket Conduct Examiner - Austin

Royston Lanning, CPA, CFEMarket Analyst

John Lim, CPA, CIEMarket Conduct Examiner - Houston

Jacqueline Butler, AIEMarket Conduct Examiner - San Antonio

Shemeddra Thomas, CIEMarket Conduct Examiner - Dallas

Laura YanezMarket Conduct Examiner - San Antonio

Karen Wright, CIEMarket Conduct Examiner - Austin

Page 9: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations

Page 10: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examination Key Processes

• On-site examinations of the books, records, and operations of insurance companies and other entities

• Financial examinations

• Market conduct examinations

• Analysis of annual operations reports filed by premium finance companies

• Third Party Administrators (TPA’s)

Page 11: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examination Key Processes continued

• Target examinations “as needed” in response to potential regulatory concerns

– Other entities subject to examination include:• Guaranty Fund Associations• Premium Finance Companies• Reinsurance Intermediaries• Managing General Agents

Page 12: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations – Number of Exams

• Fiscal Year 2009 - 136• Fiscal Year 2008 - 134• Fiscal Year 2007 - 129• Fiscal Year 2006 - 142• Fiscal Year 2005 - 141

Page 13: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Coordination with Other States

• Lead State– Allocation of work-load– Clear understanding regarding each state’s role and needs– Sharing of work papers and findings

• Characteristics of Lead States– State with the largest number of domestic insurance companies

in the group– State with large or largest premium volume or exposure– Domiciliary state of top-tiered insurance company

Page 14: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Risk Focused Examinations

• January 19, 2010 – Memo sent to all domestic insurers regarding risk focused examination approach

• Provides clearer methodology for assessing residual risk

• Allows the assessment of risk management processes other than those that result in financial statement line item verifications

Page 15: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Texas Policies and Procedures Manual

• Procedures and regulations unique to Texas– Texas statutes and rules take precedence

Page 16: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examination Tools

• ACL– Software

– Premium/Loss database requests

– Independent testing and sample selection

• TeamMate– Electronic work papers

– Enhance regulatory insurance examinations

– Central repository for standard examination procedures

– Work papers can be shared/assessed

– NAIC Citrix Server for Lead State Examinations

Page 17: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Regulation

Page 18: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations – Types of Entities

• Insurance Companies

• Premium Finance Companies

• Agents

• Third Party Administrators (TPA’s)

Page 19: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations – Number of Exams

• Fiscal Year 2010 (estimate) – 18 to 20• Fiscal Year 2009 - 17• Fiscal Year 2008 - 19• Fiscal Year 2007 - 17• Fiscal Year 2006 - 14• Fiscal Year 2005 - 19

Page 20: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations – Triggers

• Market Analysis• Financial Examinations• Referrals From Other Divisions

– Consumer Protection– Agents Licensing– Life/Health– Commissioner

• Current Events

Page 21: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Examinations – Issues

• Stranger Owned Life Insurance (STOLI) Policies– Premium Financing

• Race-Based Pricing• Clean Claims• Long Term Care

Page 22: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Conduct Surveillance Act

• Texas Insurance Code – Chapter 751– Framework for market conduct actions

• Market Analysis• Market Conduct Actions• State Coordination

– Impact on Examinations• Authority to schedule a triennial exam for domestic

insurers regardless of cause• Authority to target problem areas of ALL insurers FOR

cause regardless of where they are domiciled.

Page 23: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Conduct Surveillance Act (continued)

• Examination Timelines– Must provide 60 days notice (unless extraordinary)– Pre-exam conference 30 days prior– Draft report due 60 days after exit conference– Insurer’s written comments due 30 days after Draft– Final report due 30 days after written comments– Insurer has 30 days to accept or request hearing– NO MORE 1ST OR 2ND LEVEL INTERNAL APPEALS

Page 24: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis

Market Analysis is designed to:– Provide tools for each state to review its entire market– Identify companies operating in each state’s market that are

potentially harming consumers– Assist in narrowing the scope of any regulatory action that a

state determines it must use

Page 25: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)

Steps in Market Analysis include:– Baseline Analysis– Level 1 Analysis– Level 2 Analysis– Continuum of Regulatory Responses

Page 26: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)

Baseline Analysis – A systematic process by which basic parameters are used to

evaluate the entire marketplace in order to identify those companies that require more detailed and thorough analysis

– Baseline Analysis Tools include:• Market Analysis Company Prioritization Tool (MAPT)• PCCI Justified Complaint Index

– Companies ranked by score comprised of:• MAPT Score• PCCI Score• Market Share Position

Page 27: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)Level 1 Analysis

– Market Analysis Review System

– Areas of Review Include:• Management and Operations• Financial Performance Measures• Complaints• Regulatory Actions• Examinations

– Recommended Next Step• Level 2 Analysis is scheduled• We will proceed within the Continuum of regulatory response• No further analysis is necessary

Page 28: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)Level 2 Analysis

– Core Areas of Review:• Consumer Complaints• Continuum Activity• Examinations• Interdepartmental Communications• Market Analysis• Regulatory Actions

– Optional Areas of Review

– Recommended Next Step• We will proceed within the Continuum of regulatory response• No further analysis is necessary

Page 29: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)

Continuum of Regulatory Responses

Includes:– Office–based information gathering

– Targeted information gathering

– Correspondence with company

– Interrogatories

– Desk audit

– Company self-audit

– Targeted examination

– Comprehensive Examination

– Enforcement action

Page 30: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)

Lines of Business• Credit Life• Group Accident & Health• Group Life & Annuities• Individual Accident & Health• Individual Life & Annuities• Long Term Care• Medicare Supplement

Page 31: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

Market Analysis (continued)

TDI Market Analysis Activity– 40 to 50 Level 1 Analyses performed each of the past two

years– On target to complete 50 + Level 1 Analyses in the current

year– 62% of current year Level 1 Analyses have resulted in

recommendation of Level 2 Analysis or Continuum response

Page 32: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

NAIC Support

• Examination Oversight Task Force• Financial Condition Examiners Handbook• Financial Condition (E) Committee• Market Regulation Handbook• Market Analysis Working Group (MAWG)• Market Analysis Review System (MARS)• Market Analysis Prioritization Tool (MAPT)• Market Initiative Tracking System (MITS)• Market Regulation Bulletin Board

Page 33: Financial Examinations and Market Regulation Presenters Ignatius Wheeler, CFE Chief Examiner Financial Examinations Ignatius.Wheeler@tdi.state.tx.us

QUESTIONS?