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Contracts Accounted for as Credit Derivatives
12 Months Ended
Dec. 31, 2017
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Contracts Accounted for as Credit Derivatives
Contracts Accounted for as Credit Derivatives
 
The Company has a portfolio of financial guaranty contracts that meet the definition of a derivative in accordance with GAAP (primarily CDS). The credit derivative portfolio also includes interest rate swaps.

Credit derivative transactions are governed by ISDA documentation and have different characteristics from financial guaranty insurance contracts. For example, the Company’s control rights with respect to a reference obligation under a credit derivative may be more limited than when the Company issues a financial guaranty insurance contract. In addition, there are more circumstances under which the Company may be obligated to make payments. Similar to a financial guaranty insurance contract, the Company would be obligated to pay if the obligor failed to make a scheduled payment of principal or interest in full. However, the Company may also be required to pay if the obligor becomes bankrupt or if the reference obligation were restructured if, after negotiation, those credit events are specified in the documentation for the credit derivative transactions. Furthermore, the Company may be required to make a payment due to an event that is unrelated to the performance of the obligation referenced in the credit derivative. If events of default or termination events specified in the credit derivative documentation were to occur, the non-defaulting or the non-affected party, which may be either the Company or the counterparty, depending upon the circumstances, may decide to terminate a credit derivative prior to maturity. In that case, the Company may be required to make a termination payment to its swap counterparty upon such termination. Absent such an event of default or termination event, the Company may not unilaterally terminate a CDS contract; however, the Company on occasion has mutually agreed with various counterparties to terminate certain CDS transactions.

Accounting Policy

Credit derivatives are recorded at fair value. Changes in fair value are recorded in “net change in fair value of credit derivatives” on the consolidated statement of operations. Realized gains (losses) and other settlements on credit derivatives include credit derivative premiums received and receivable for credit protection the Company has sold under its insured CDS contracts, premiums paid and payable for credit protection the Company has purchased, claims paid and payable and received and receivable related to insured credit events under these contracts, ceding commission expense or income and realized gains or losses related to their early termination. Fair value of credit derivatives is reflected as either net assets or net liabilities determined on a contract by contract basis in the Company's consolidated balance sheets. See Note 7, Fair Value Measurement, for a discussion on the fair value methodology for credit derivatives.

Credit Derivative Net Par Outstanding by Sector
 
     The estimated remaining weighted average life of credit derivatives was 11.7 years at December 31, 2017 and 5.3 years at December 31, 2016. The increase in the weighted average life of the credit derivative portfolio was primarily attributable to the run-off of short-dated pooled corporate obligations. The components of the Company’s credit derivative net par outstanding are presented below.
 
Credit Derivatives
 
 
 
As of December 31, 2017
 
As of December 31, 2016
Asset Type
 
Net Par
Outstanding
 
Weighted Average
Credit Rating
 
Net Par
Outstanding
 
Weighted Average
Credit Rating
 
 
(dollars in millions)
Pooled corporate obligations:
 
 

 
 
 
 

 
 
CLO /collateralized bond obligations
 
$

 
--
 
$
2,022

 
AAA
Synthetic investment grade pooled corporate
 

 
--
 
7,224

 
AAA
TruPS CDOs
 
878

 
A
 
1,179

 
BBB+
Total pooled corporate obligations
 
878

 
A
 
10,425

 
AAA
U.S. RMBS
 
916

 
AA
 
1,142

 
AA-
Pooled infrastructure
 
1,561

 
AAA
 
1,513

 
AAA
Infrastructure finance
 
572

 
A
 
1,021

 
BBB+
Other(1)
 
2,280

 
A-
 
2,896

 
A
Total
 
$
6,207

 
AA-
 
$
16,997

 
AA+
____________________
(1)
This comprises numerous transactions across various asset classes, such as commercial receivables, international RMBS, regulated utilities and consumer receivables.


The underlying collateral in TruPS CDOs consists primarily of subordinated debt instruments such as TruPS issued by bank holding companies and similar instruments issued by insurance companies, real estate investment trusts and other real estate related issuers. Due to the fact that the debt is subordinated, TruPS CDOs were typically structured with higher levels of embedded credit enhancement, which allowed the Company to mitigate the risks associated with TruPS CDOs.
 
Distribution of Credit Derivative Net Par Outstanding by Internal Rating
 
 
 
As of December 31, 2017
 
As of December 31, 2016
Ratings
 
Net Par
Outstanding
 
% of Total
 
Net Par
Outstanding
 
% of Total
 
 
(dollars in millions)
AAA
 
$
2,144

 
34.6
%
 
$
10,967

 
64.6
%
AA
 
1,170

 
18.8

 
2,167

 
12.7

A
 
1,517

 
24.5

 
1,499

 
8.8

BBB
 
1,038

 
16.7

 
1,391

 
8.2

BIG
 
338

 
5.4

 
973

 
5.7

Credit derivative net par outstanding
 
$
6,207

 
100.0
%
 
$
16,997

 
100.0
%



Fair Value of Credit Derivatives
 
Net Change in Fair Value of Credit Derivative Gain (Loss)
 
 
Year Ended December 31,
 
2017
 
2016
 
2015
 
(in millions)
Realized gains on credit derivatives
$
17

 
$
56

 
$
63

Net credit derivative losses (paid and payable) recovered and recoverable and other settlements
(27
)
 
(27
)
 
(81
)
Realized gains (losses) and other settlements
(10
)
 
29

 
(18
)
Net unrealized gains (losses):
 
 
 
 
 
Pooled corporate obligations
35

 
(16
)
 
147

U.S. RMBS
23

 
22

 
396

Pooled infrastructure
5

 
17

 
17

Infrastructure finance
4

 
4

 
0

Other
54

 
42

 
186

Net unrealized gains (losses)
121

 
69

 
746

Net change in fair value of credit derivatives
$
111

 
$
98

 
$
728




Terminations and Settlements
of Direct Credit Derivative Contracts

 
Year Ended December 31,
 
2017
 
2016
 
2015
 
(in millions)
Net par of terminated credit derivative contracts
$
331

 
$
3,811

 
$
2,777

Realized gains on credit derivatives
0

 
20

 
13

Net credit derivative losses (paid and payable) recovered and recoverable and other settlements
(15
)
 

 
(116
)
Net unrealized gains (losses) on credit derivatives
26

 
103

 
465


    
    
During 2017, unrealized fair value gains were generated primarily as a result of CDS terminations, run-off of net par outstanding, and price improvements on the underlying collateral of the Company’s CDS. The termination of several CDS transactions in the pooled corporate CLO, U.S. RMBS and Other sectors was the primary driver of the unrealized fair value gains. The cost to buy protection in AGC’s and AGM’s name, specifically the five-year CDS spread, did not change materially during the period, and therefore did not have a material impact on the Company’s unrealized fair value gains and losses on CDS.

During 2016, unrealized fair value gains were generated primarily as a result of CDS terminations in the U.S. RMBS and other sectors, run-off of CDS par and price improvements on the underlying collateral of the Company’s CDS. The majority of the CDS transactions that were terminated were as a result of settlement agreements with several CDS counterparties. The unrealized fair value gains were partially offset by unrealized losses resulting from wider implied net spreads across all sectors. The wider implied net spreads were primarily a result of the decreased cost to buy protection in AGC’s and AGM’s name, as the market cost of AGC’s and AGM’s credit protection decreased significantly during the period. For those CDS transactions that were pricing at or above their floor levels, when the cost of purchasing CDS protection on AGC and AGM, which management refers to as the CDS spread on AGC and AGM, decreased the implied spreads that the Company would expect to receive on these transactions increased.

During 2015, unrealized fair value gains were generated primarily as a result of CDS terminations. The Company reached a settlement agreement with one CDS counterparty to terminate five Alt-A first lien CDS transactions resulting in unrealized fair value gains of $213 million and was the primary driver of the unrealized fair value gains in the U.S. RMBS sector. The Company also terminated a CMBS transaction, a Triple-X life insurance securitization transaction, and a distressed middle market CLO securitization during the period and recognized unrealized fair value gains of $41 million, $99 million and $99 million, respectively. These were the primary drivers of the unrealized fair value gains in the CMBS, Other, and pooled corporate CLO sectors, respectively, during the period. The remainder of the fair value gains for the period were a result of tighter implied net spreads across all sectors. The tighter implied net spreads were primarily a result of the increased cost to buy protection in AGC’s and AGM’s name, particularly for the one year CDS spread. For those CDS transactions that were pricing at or above their floor levels, when the cost of purchasing CDS protection on AGC and AGM increased, the implied spreads that the Company would expect to receive on these transactions decreased. Finally, during 2015, there was a refinement in methodology to address an instance in a U.S. RMBS transaction where the Company now expects recoveries. This refinement resulted in approximately $49 million in fair value gains in 2015.

The impact of changes in credit spreads will vary based upon the volume, tenor, interest rates, and other market conditions at the time these fair values are determined. In addition, since each transaction has unique collateral and structural terms, the underlying change in fair value of each transaction may vary considerably. The fair value of credit derivative contracts also reflects the change in the Company’s own credit cost based on the price to purchase credit protection on AGC and AGM. The Company determines its own credit risk based on quoted CDS prices traded on the Company at each balance sheet date.
 
CDS Spread on AGC and AGM
Quoted price of CDS contract (in basis points)
 
 
As of
December 31, 2017
 
As of
December 31, 2016
 
As of
December 31, 2015
Five-year CDS spread:
 
 
 
 
 
AGC
163

 
158

 
376

AGM
145

 
158

 
366

 
 
 
 
 
 
One-year CDS spread
 
 
 
 
 
AGC
70

 
35

 
139

AGM
28

 
29

 
131


 

Fair Value of Credit Derivatives Assets (Liabilities)
and Effect of AGC and AGM
Credit Spreads
 
 
As of
December 31, 2017
 
As of
December 31, 2016
 
(in millions)
Fair value of credit derivatives before effect of AGC and AGM credit spreads
$
(555
)
 
$
(811
)
Plus: Effect of AGC and AGM credit spreads
286

 
422

Net fair value of credit derivatives
$
(269
)
 
$
(389
)



The fair value of CDS contracts at December 31, 2017, before considering the implications of AGC’s and AGM’s credit spreads, is a direct result of continued wide credit spreads in the fixed income security markets and ratings downgrades. The asset classes that remain most affected are TruPS, pooled infrastructure and infrastructure finance securities, as well as 2005-2007 vintages of Alt-A, Option ARM and subprime RMBS transactions. The mark to market benefit between December 31, 2017 and December 31, 2016, resulted primarily from several CDS terminations, run-off of net par outstanding, and a narrowing of credit spreads related to the Company's TruPS and U.S. RMBS obligations.

Management believes that the trading level of AGC’s and AGM’s credit spreads over the past several years has been due to the correlation between AGC’s and AGM’s risk profile and the current risk profile of the broader financial markets. Offsetting the benefit attributable to AGC’s and AGM’s credit spread were higher credit spreads in the fixed income security markets. The higher credit spreads in the fixed income security market are due to the lack of liquidity in the TruPS CDO, and pooled infrastructure markets as well as continuing market concerns over the 2005-2007 vintages of RMBS.
 
The following table presents the fair value and the present value of expected claim payments or recoveries (i.e., net expected loss to be paid as described in Note 5) for contracts accounted for as derivatives.
 
Net Fair Value and Expected Losses
of Credit Derivatives

 
As of
December 31, 2017
 
As of
December 31, 2016
 
(in millions)
Fair value of credit derivative asset (liability), net
$
(269
)
 
$
(389
)
Expected loss to be (paid) recovered
14

 
(10
)



Collateral Posting for Certain Credit Derivative Contracts
 
The transaction documentation for $497 million of the CDS insured by AGC requires AGC to post collateral, in some cases subject to a cap, to secure its obligation to make payments under such contracts. Eligible collateral is generally cash or U.S. government or agency securities; eligible collateral other than cash is valued at a discount to the face amount. The table below summarizes AGC’s CDS collateral posting requirements as of December 31, 2017 and December 31, 2016.

AGC Insured CDS Collateral Posting Requirements

 
 
As of
December 31, 2017
 
As of
December 31, 2016
 
 
(in millions)
Gross par of CDS with collateral posting requirement
 
$
497

 
$
690

Maximum posting requirement
 
464

 
674

Collateral posted
 
18

 
116



The reduction in the collateral posting requirement is primarily attributable to the termination in February 2017 by the Company of its remaining CDS contracts with one of its counterparties as to which it had a posting requirement; the CDS contracts related to approximately $183 million in gross par and $73 million of collateral posted as of December 31, 2016.

Sensitivity to Changes in Credit Spread
 
The following table summarizes the estimated change in fair values on the net balance of the Company’s credit derivative positions assuming immediate parallel shifts in credit spreads on AGC and AGM and on the risks that they both assume.
 
Effect of Changes in Credit Spread
As of December 31, 2017

Credit Spreads(1)
 
Estimated Net
Fair Value
(Pre-Tax)
 
Estimated Change
in Gain/(Loss)
(Pre-Tax)
 
 
(in millions)
100% widening in spreads
 
$
(501
)
 
$
(232
)
50% widening in spreads
 
(385
)
 
(116
)
25% widening in spreads
 
(327
)
 
(58
)
10% widening in spreads
 
(292
)
 
(23
)
Base Scenario
 
(269
)
 

10% narrowing in spreads
 
(250
)
 
19

25% narrowing in spreads
 
(222
)
 
47

50% narrowing in spreads
 
(174
)
 
95

 ____________________
(1)
Includes the effects of spreads on both the underlying asset classes and the Company’s own credit spread.