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Loss and Loss Adjustment Expense Reserves
3 Months Ended
Mar. 31, 2022
Text Block [Abstract]  
Loss and Loss Adjustment Expense Reserves
Note 5: Loss and Loss Adjustment Expense Reserves
U.S. Public Finance Insurance
U.S. public finance insured transactions consist of municipal bonds, including
tax-exempt
and taxable indebtedness of U.S. political subdivisions, as well as utilities, airports, health care institutions, higher educational facilities, housing authorities and other similar agencies and obligations issued by private entities that finance projects that serve a substantial public purpose. The Company estimates future losses by using probability-weighted cash flow scenarios that are customized to each insured transaction. Future loss estimates consider debt service due for each insured transaction, which includes par outstanding and interest due, as well as recoveries for such payments, if any. Gross par outstanding for capital appreciation bonds represents the par amount at the time of issuance of the insurance policy.
 
Puerto Rico
Puerto Rico had been experiencing significant fiscal stress and constrained liquidity. In formulating loss reserves, the Company considers the following: environmental and political impacts; litigation; ongoing discussions with creditors; timing and amount of debt service payments and future recoveries; existing proposed restructuring plans or agreements; and deviations from these proposals in its probability-weighted scenarios.
For recoveries on paid Puerto Rico losses, the estimates include assumptions related to the following: economic conditions and trends; political developments; the Company’s ability to enforce contractual rights through litigation and otherwise; discussions with other creditors and the obligors, any existing proposals; and the remediation strategy for an insured obligation that has defaulted or is expected to default.
As part of the GO PSA, in March of 2022, National received certain consideration including cash, bonds and the CVI and it is anticipated that National will receive cash, the CVI and bonds related to the HTA PSA. The ultimate recovery value to National will depend on the value of these assets upon issuance and over time. Refer to “Note 1: Business Developments and Risks and Uncertainties” for further information on the Company’s Puerto Rico exposures and “Note 13: Commitments and Contingencies” for information on the Company’s Puerto Rico litigation.
International and Structured Finance Insurance
The international and structured finance insurance segment’s case basis reserves and insurance loss recoveries recorded in accordance with GAAP do not include reserves and recoveries on consolidated VIEs, since they are eliminated in consolidation.
RMBS Case Basis Reserves (Financial Guarantees)
The Company’s RMBS case basis reserves primarily relate to RMBS backed by alternative
A-paper
and subprime mortgage loans. The Company calculated RMBS case basis reserves as of March 31, 2022 using a process called the Roll Rate Methodology (“Roll Rate Methodology”). The Roll Rate Methodology is a multi-step process using databases of loan level information, proprietary internal cash flow models, and commercially available models to estimate potential losses and recoveries on insured bonds. Roll Rate is defined as the probability that current loans become delinquent and subsequently default and loans in the delinquent pipeline are
charged-off
or liquidated. The loss reserve estimates are based on a probability-weighted average of potential scenarios of loan losses. Additional data used for both first and second-lien loans include historic averages of deal specific voluntary prepayment rates, forward projections of the LIBOR interest rates, and historic averages of deal-specific loss severities. Where applicable, the Company factors in termination scenarios when clean up calls are imminent.
In calculating ultimate cumulative losses for RMBS, the Company estimates the amount of first-lien loans that are expected to be liquidated in the future through foreclosure or short sale, and estimates, the amount of second-lien loans that are expected to be
charged-off
(deemed uncollectible by servicers of the transactions). The time to liquidation for a defaulted loan is specific to the loan’s delinquency bucket.
For all RMBS transactions, cash flow models consider allocations and other structural aspects and claims against MBIA Corp.’s insurance policy consistent with such policy’s terms and conditions. The estimated net claims from the procedure above are then discounted using a risk-free rate to a net present value reflecting MBIA’s general obligation to pay claims over time and not on an accelerated basis.
The Company monitors RMBS portfolio performance on a monthly basis against projected performance, reviewing delinquencies, roll rates, and prepayment rates (including voluntary and involuntary). However, loan performance remains difficult to predict and losses may exceed expectations. In the event of a material deviation in actual performance from projected performance, the Company would increase or decrease the case basis reserves accordingly and
re-evaluate
its assumptions.
 
RMBS Recoveries
The Company’s RMBS recoveries relate to structural features within the trust structures that allow for the Company to be reimbursed for prior claims paid. These reimbursements for specific trusts include recoveries that are generated from the excess spread of the transactions. Excess spread within insured RMBS securitizations is the difference between interest inflows on mortgage loan collateral and interest outflows on the insured RMBS notes.
CDO Reserves and Recoveries
The Company also has loss and loss adjustment expense (“LAE”) reserves on certain transactions within its CDO portfolio, primarily its multi-sector CDO asset class that was insured in the form of financial guarantee policies. MBIA’s insured multi-sector CDOs are transactions that include a variety of collateral ranging from corporate bonds to structured finance assets (which includes, but are not limited to, RMBS, commercial mortgage-backed securities (“CMBS”), asset-backed securities (“ABS”) and CDO collateral). The Company’s process for estimating reserves and credit impairments on these policies is determined as the present value of the probability-weighted potential future losses, net of estimated recoveries, across multiple scenarios. The Company considers several factors when developing the range of potential outcomes and their impact on MBIA. A range of loss scenarios is considered under different default and severity rates for each transaction’s collateral. Additionally, each transaction is evaluated for its commutation potential.
Zohar Recoveries
MBIA Corp. is seeking to recover the payments it made (plus interest and expenses) with respect to Zohar I and Zohar II. Salvage and subrogation recoveries related to Zohar I and Zohar II are reported within “Insurance loss recoverable” on the Company’s consolidated balance sheet. The Company’s estimate of the insurance loss recoverable for Zohar I and Zohar II includes probability-weighted scenarios of the ultimate monetized recovery from the Zohar Collateral.
MBIA Corp. anticipates that it will receive substantial recoveries on the Zohar Collateral. There still remains significant uncertainty with respect to the realizable value of the remaining Zohar Collateral. Further, as the monetization process at the remaining portfolio companies continues to unfold in coordination with the new directors and managers in place, and new information concerning the financial condition of the portfolio companies is disclosed, the Company will continue to revise its expectations for recoveries.
 
Summary of Loss and LAE Reserves and Recoveries
The Company’s loss and LAE reserves and recoveries before consolidated VIE eliminations, along with amounts that were eliminated as a result of consolidating VIEs for the international and structured finance insurance segment, which are included in the Company’s consolidated balance sheets as of March 31, 2022 and December 31, 2021 are presented in the following table:
 
          
          
          
          
 
  
As of March 31, 2022
 
As of December 31, 2021
In millions
  
Balance Sheet Line Item
 
Balance Sheet Line Item
 
  
Insurance
loss
recoverable
 
Loss and
LAE
reserves 
(1)
 
Insurance
loss
recoverable
 
Loss and
LAE
reserves 
(1)
U.S. Public Finance Insurance
  
$
128
 
 
$
460
 
 
$
1,054
 
 
$
425
 
International and Structured Finance Insurance:
                                
Before VIE eliminations
  
 
240
 
 
 
635
 
 
 
244
 
 
 
687
 
VIE eliminations
  
 
(2
 
 
(209
 
 
(2
 
 
(218
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total international and structured finance insurance
  
 
238
 
 
 
426
 
 
 
242
 
 
 
469
 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total
  
$
366
 
 
$
886
 
 
$
1,296
 
 
$
894
 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1) - Amounts are net of estimated recoveries of expected future claims.
Changes in Loss and LAE Reserves
Loss and LAE reserves represent the Company’s estimate of future claims and LAE payments, net of any future recoveries of such payments. The following table presents changes in the Company’s loss and LAE reserves for the three months ended March 31, 2022. Changes in loss and LAE reserves, with the exception of loss and LAE payments and the impact of the revaluation of loss reserves denominated in amounts other than U.S. dollars, are recorded in “Losses and loss adjustment” expenses in the Company’s consolidated statements of operations. As of March 31, 2022, the weighted average risk-free rate used to discount the Company’s loss reserves (claim liability) was 2.46%. LAE reserves are generally expected to be settled within a
one-year
period and are not discounted. As of March 31, 2022 and December 31, 2021, the Company’s gross loss and LAE reserves included $34 million and $38 
million, respectively, related to LAE.

 
In millions
 
Changes in Loss and LAE Reserves for the Three Months Ended March 31, 2022
 
 
Gross Loss
and LAE
Reserves as of
December 31,
2021
(1)
 
Loss Payments
 
Accretion of
Claim Liability
Discount
 
Changes in
Discount Rates
 
Changes in
Assumptions
 
Changes in
Unearned
Premium
Revenue
 
Gross Loss and
LAE
Reserves as of
March 31, 2022
(1)
$894   $(326)   $3   $(22)   $336   $1   $886
 
 
 
 
 
 
 
 
 
 
 
 
 

(1) - 
Includes
 
changes in amount and timing of estimated payments and recoveries.
The Company’s loss and LAE reserves declined from December 31, 2021, primarily due to an increase in the estimated value of recoveries related to the HTA restructuring, which is netted in loss and LAE reserves, claims payments related to the acceleration and commutation of GO exposure, scheduled claim payments on Puerto Rico exposures during the three months ended March 31, 2022, and a decline in net reserves on RMBS exposure as a result of an increase in risk-free rates used to present value loss reserves. This decline was partially offset by a decrease in PREPA recoveries on claims not yet paid, which are netted in loss and LAE reserves.
 
Changes in Insurance Loss Recoverable
Insurance loss recoverable represents the Company’s estimate of recoveries on paid claims and LAE. The Company recognizes potential recoveries on paid claims based on the probability-weighted net cash inflows present valued at applicable risk-free rates as of the measurement date. The following table presents changes in the Company’s insurance loss recoverable for the three months ended March 31, 2022. Changes in insurance loss recoverable with the exception of collections, are recorded in “Losses and loss adjustment” expenses in the Company’s consolidated statements of operations.
 
          
          
          
          
          
          
 
  
 
  
Changes in Insurance Loss Recoverable
  
 
 
  
 
  
for the Three Months Ended March 31,
2022
  
 
In millions
  
Gross
Recoverable as of
December 31,
2021
  
Collections
for Cases
 
Accretion
of
Recoveries
  
Changes in
Discount
Rates
 
Changes in
Assumptions
  
Gross
Recoverable as of
March 31,
2022
Insurance loss recoverable
  
$
1,296
 
  
$
(1,197
 
$
1
 
  
$
(18
 
$
284
 
 
$
366
 
    
 
 
 
  
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
The decrease in the Company’s insurance loss recoverable reflected in the preceding table was primarily due to the receipt of recoveries pursuant to the implemented GO PSA whereby National received cash, GO Bonds, and a CVI. In addition, the insurance loss recoverable declined due to the sale of PREPA bankruptcy claims and due to changes in assumptions related to the value of the remaining PREPA recoveries on paid claims.
Loss and LAE Activity
For the three months ended March 31, 2022, loss and LAE incurred primarily related to changes in the Company’s estimate of expected recoveries on National’s PREPA exposure. PREPA loss reserves and recoveries include certain assumptions about the timing and amount of claims payments and recoveries, including assumptions about the values of recoveries on the date the Company expects to receive reimbursement under an implemented RSA. During the first quarter of 2022, the Company updated assumptions used to estimate the value of recoveries, the timing and amount of claim payments, as well as the timing of an implemented plan. These assumption changes resulted in a decrease in the Company’s estimated present value of PREPA recoveries. Loss and LAE incurred during the quarter related to PREPA was partially offset by benefits related to Puerto Rico HTA and GO recoveries. During the first quarter of 2022, the Company increased the estimated values of recoveries expected to be received as part of the HTA restructuring to reflect updated information about potential values when received, including considering the current fair values of similar recently issued GO securities. In addition, the Company recorded a benefit on its GO recoveries to reflect the fair values of the consideration received as of the acquisition date, which was higher than its previous estimate. Additionally, an increase in risk-free rates during the first quarter of 2022, resulted in a decrease in the present value of net case reserves on first-lien RMBS.
For the three months ended March 31, 2021, loss and LAE incurred primarily reflected changes in assumptions within the Company’s HTA loss scenarios and an increase in the risk-free rates used to discount the value of long-dated future recoveries on all Puerto Rico exposures, which caused the present value of the recoveries to decline and a decrease in expected salvage collections related to CDOs. These losses were partially offset by a benefit driven by a change in certain assumptions related to the Puerto Rico GO restructuring and a decrease in loss reserves on the Company’s first-lien RMBS transactions, as a result of the increase in risk-free discount rates.
Costs associated with remediating insured obligations assigned to the Company’s surveillance categories are recorded as LAE and are included in “Losses and loss adjustment” expenses on the Company’s consolidated statements of operations. For the three months ended March 31, 2022 and 2021, gross LAE related to remediating insured obligations were $5 million and $12 million, respectively.
 
Surveillance Categories
The following table provides information about the financial guarantees and related claim liability included in each of MBIA’s surveillance categories as of March 31, 2022: 
 
          
          
          
          
          
 
  
Surveillance Categories
$ in millions
  
Caution
List
Low
  
Caution
List
Medium
  
Caution
List
High
  
Classified
List
  
Total
Number of policies
  
 
55
 
  
 
3
 
  
 
-
 
  
 
174
 
  
 
232
 
Number of issues
(1)
  
 
16
 
  
 
2
 
  
 
-
 
  
 
87
 
  
 
105
 
Remaining weighted average contract period (in years)
  
 
6.0
 
  
 
2.3
 
  
 
-
 
  
 
8.5
 
  
 
7.6
 
Gross insured contractual payments outstanding:
(2)
                                            
Principal
  
$
1,325
 
  
$
6
 
  
$
-
 
  
$
2,321
 
  
$
3,652
 
Interest
  
 
1,825
 
  
 
1
 
  
 
-
 
  
 
1,053
 
  
 
2,879
 
Total
  
$
3,150
 
  
$
7
 
  
$
-
 
  
$
3,374
 
  
$
6,531
 
Gross Claim Liability
(3)
  
$
-
 
  
$
-
 
  
$
-
 
  
$
1,118
 
  
$
1,118
 
Less:
                                            
Gross Potential Recoveries
(4)
  
 
-
 
  
 
-
 
  
 
-
 
  
 
421
 
  
 
421
 
Discount, net
(5)
  
 
-
 
  
 
-
 
  
 
-
 
  
 
187
 
  
 
187
 
Net claim liability (recoverable)
  
$
-
 
  
$
-
 
  
$
-
 
  
$
510
 
  
$
510
 
Unearned premium revenue
  
$
8
 
  
$
-
 
  
$
-
 
  
$
25
 
  
$
33
 
Reinsurance recoverable on paid and unpaid losses
(6)
                                      
$
14
 
 
(1) - An “issue” represents the aggregate of financial guarantee policies that share the same revenue source for purposes of making debt service payments on the insured debt.
(2) - Represents contractual principal and interest payments due by the issuer of the obligations insured by MBIA.
(3) - The gross claim liability with respect to Puerto Rico exposures are net of expected recoveries for policies in a net payable position.
(4) - Gross potential recoveries with respect to certain Puerto Rico exposures are net of the claim liability for policies in a net recoverable position.
(5) - Represents discount related to Gross Claim Liability and Gross Potential Recoveries.
(6) - Included in “Other assets” on the Company’s consolidated balance sheets.
 

The following table provides information about the financial guarantees and related claim liability included in each of MBIA’s surveillance categories as of December 31, 2021:

                                                                                      
    
Surveillance Categories
 
$ in millions
  
Caution
List
Low
    
Caution
List
Medium
    
Caution
List
High
    
Classified
List
   
Total
 
Number of policies
  
 
55
 
  
 
3
 
  
 
-
 
  
 
202
 
 
 
260
 
Number of issues
(1)
  
 
16
 
  
 
2
 
  
 
-
 
  
 
88
 
 
 
106
 
Remaining weighted average contract period (in years)
  
 
6.1
 
  
 
2.6
 
  
 
-
 
  
 
8.1
 
 
 
7.4
 
Gross insured contractual payments outstanding:
(2)
                                           
Principal
  
$
1,366
 
  
$
6
 
  
$
-
 
  
$
2,719
 
 
$
4,091
 
Interest
  
 
1,867
 
  
 
1
 
  
 
-
 
  
 
1,214
 
 
 
3,082
 
    
 
 
    
 
 
    
 
 
    
 
 
   
 
 
 
Total
  
$
3,233
 
  
$
7
 
  
$
-
 
  
$
3,933
 
 
$
7,173
 
    
 
 
    
 
 
    
 
 
    
 
 
   
 
 
 
Gross Claim Liability
(3)
  
$
-
 
  
$
-
 
  
$
-
 
  
$
1,051
 
 
$
1,051
 
Less:
                                           
Gross Potential Recoveries
(4)
  
 
-
 
  
 
-
 
  
 
-
 
  
 
1,498
 
 
 
1,498
 
Discount, net
(5)
  
 
-
 
  
 
-
 
  
 
-
 
  
 
(32
 
 
(32
    
 
 
    
 
 
    
 
 
    
 
 
   
 
 
 
Net claim liability (recoverable)
  
$
-
 
  
$
-
 
  
$
-
 
  
$
(415
 
$
(415
    
 
 
    
 
 
    
 
 
    
 
 
   
 
 
 
Unearned premium revenue
  
$
8
 
  
$
-
 
  
$
-
 
  
$
29
 
 
$
37
 
Reinsurance recoverable on paid and unpaid losses
(6)
                                     
$
7
 
 
(1) -  An “issue” represents the aggregate of financial guarantee policies that share the same revenue source for purposes of making debt service payments on the insured debt.
 
(2) -  Represents contractual principal and interest payments due by the issuer of the obligations insured by MBIA.
(3) -  The gross claim liability with respect to Puerto Rico exposures are net of expected recoveries for policies in a net payable position.
(4) -  Gross potential recoveries with respect to certain Puerto Rico exposures are net of the claim liability for policies in a net recoverable position.
(5) -  Represents discount related to Gross Claim Liability and Gross Potential Recoveries.
(6) -  Included in “Other assets” on the Company’s consolidated balance sheets.