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Derivative Instruments
3 Months Ended
Mar. 31, 2013
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Derivative Instruments
The Company enters into derivative instruments for both risk management and investment purposes. The Company is exposed to potential loss from various market risks, and manages its market risks based on guidelines established by management and the Risk and Finance Committee of the Company's Board of Directors. The Company recognizes all derivatives as either assets or liabilities in the balance sheet and measures those instruments at fair value, with the changes in fair value of derivatives shown in the consolidated statement of income as “Net realized and unrealized gains and losses on derivative instruments” unless the derivatives are designated as hedging instruments. The accounting for derivatives that are designated as hedging instruments is described in Item 8, Note 2(h), “Significant Accounting Policies - Derivative Instruments,” to the Consolidated Financial Statements included in the Company's Annual Report on Form 10-K for the year ended December 31, 2012.
The following table summarizes information on the location and gross amounts of derivative fair values contained in the consolidated balance sheet at March 31, 2013 and December 31, 2012:
 
March 31, 2013
 
December 31, 2012
(U.S. dollars in thousands)
Asset
Derivative
Notional
Amount
 
Asset
Derivative
Fair Value
(1)
 
Liability
Derivative
Notional
Amount
 
Liability
Derivative
Fair Value
(1)
 
Asset
Derivative
Notional
Amount
 
Asset
Derivative
Fair Value
(1)
 
Liability
Derivative
Notional
Amount
 
Liability
Derivative
Fair Value
(1)
Derivatives designated as hedging instruments:
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Foreign exchange contracts
2,731,749

 
104,733

 
615,505

 
23,291

 
670,751

 
12,511

 
2,382,507

 
23,715

Total derivatives designated as hedging instruments
$
2,731,749

 
$
104,733

 
$
615,505

 
$
23,291

 
$
670,751

 
$
12,511

 
$
2,382,507

 
$
23,715

Derivatives not designated as hedging instruments:
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Investment Related Derivatives:
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Interest rate exposure
$
30,009

 
$
2,177

 
$
4,446

 
$
46

 
$
45,604

 
$
2,060

 
$
26,139

 
$
253

Foreign exchange exposure
62,824

 
735

 
14,266

 
608

 
33,007

 
226

 
54,449

 
1,790

Credit exposure
13,000

 
23

 
438,959

 
15,749

 
25,000

 
486

 
436,959

 
15,472

Financial market exposure
83,627

 
1,077

 
15,562

 
1

 
72,597

 
9,559

 
16,910

 

Financial Operations Derivatives: (2)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Credit exposure

 

 
43,419

 

 

 

 
46,903

 

Other Non-Investment Derivatives:
 

 
 

 
 

 
 
 
 
 
 
 
 
 
 
Guaranteed minimum income benefit contract

 

 
62,553

 
21,699

 

 

 
69,051

 
25,396

Modified coinsurance funds withheld contract
75,441

 

 

 

 
76,975

 

 

 

Total derivatives not designated as hedging instruments
$
264,901

 
$
4,012

 
$
579,205

 
$
38,103

 
$
253,183

 
$
12,331

 
$
650,411

 
$
42,911

____________
(1)
Derivative instruments in an asset or liability position are included within Other assets or Other liabilities, respectively, in the balance sheet on a net basis where the Company has both a legal right of offset and the intentions to settle the contracts on a net basis.
(2)
Financial operations derivatives represent interests in variable interest entities as described in Note 10, “Variable Interest Entities".
The following table summarizes information on the gross and net amounts of derivative fair values and associated collateral received related to derivative assets or paid relating to derivative liabilities contained in the consolidated balance sheet at March 31, 2013 and December 31, 2012:
 
 
 
 
 
Gross Amounts Not Offset in the Balance Sheet
 
 
March 31, 2013
(U.S. dollars in thousands)
Gross Amounts Recognized in Balance Sheet
 
Gross Amounts Offset in the Balance Sheet
 
Net Amounts in the Balance Sheet
 
Financial Instruments
 
Cash Collateral
 
Net Amounts
Derivative Assets
$
108,745

 
$
680

 
$
108,065

 
$

 
$
46,720

 
$
61,345

Derivative Liabilities
$
61,394

 
$
680

 
$
60,714

 
$

 
$

 
$
60,714

 
 
 
 
 
 
 
 
 
 
 
 
December 31, 2012
(U.S. dollars in thousands)
 
 
 
 
 
 
 
 
 
 
 
Derivative Assets
$
24,842

 
$
1,327

 
$
23,515

 
$

 
$

 
$
23,515

Derivative Liabilities
$
66,626

 
$
1,327

 
$
65,299

 
$

 
$
12,130

 
$
53,169


Derivative instruments in an asset or liability position are included within Other assets or Other liabilities, respectively, in the balance sheet on a net basis where the Company has both a legal right of offset and the intentions to settle the contracts on a net basis. The Company often enters into different types of derivative contracts with a single counterparty and these contracts are covered under netting agreements. At March 31, 2013, the Company held cash collateral of $46.7 million. The collateral balance was included within Cash and cash equivalents and the corresponding liability to return the collateral was recorded as Other Liabilities within the balance sheet as the collateral and derivative positions are not intended to be settled on a net basis. At December 31, 2012, the Company paid cash collateral related to certain derivative positions of $12.1 million. The assets related to the net collateral paid were recorded as Other assets within the balance sheet.
(a) Derivative Instruments Designated as Fair Value Hedges
The Company designates certain of its derivative instruments as fair value hedges or cash flow hedges and formally and contemporaneously documents all relationships between the hedging instruments and hedged items and links the hedging derivative to specific assets and liabilities. The Company assesses the effectiveness of the hedge both at inception and on an on-going basis, and determines whether the hedge is highly effective in offsetting changes in fair value or cash flows of the linked hedged item.
The Company may hedge portions of its liabilities against changes in the applicable designated benchmark interest rate. Interest rate swaps may also be used to hedge the changes in fair value of certain fixed rate liabilities and fixed income securities due to changes in the designated benchmark interest rate. In addition, the Company utilizes foreign exchange contracts to hedge the fair value of certain fixed income securities as well as to hedge certain net investments in foreign operations.
The following table provides the total impact on earnings relating to derivative instruments formally designated as fair value hedges along with the impacts of the related hedged items for the three months ended March 31, 2013 and 2012:


Hedged Items - Amount of Gain/(Loss) Recognized in Income Attributable to Risk
 
Derivatives Designated as Fair Value Hedges:
Three Months Ended March 31, 2013
(U.S. dollars in thousands)
Gain/(Loss)
Recognized
in Income on
Derivative
 
Deposit
Liabilities
 
Fixed Maturity
Investments
 
Ineffective
Portion of
Hedging
Relationship -
Gain/(Loss)
Interest rate exposure
$

 
 

 
 

 
 

Foreign exchange exposure
30,245

 
 

 
 

 
 

Total
$
30,245

 
$

 
$
(28,770
)
 
$
1,475


 

 
 

 
 

 
 

Three Months Ended March 31, 2012
(U.S. dollars in thousands)
 

 
 

 
 

 
 

Interest rate exposure
$
(5,457
)
 
 

 
 

 
 

Foreign exchange exposure
(15,100
)
 
 

 
 

 
 

Total
$
(20,557
)
 
$
3,607

 
$
14,511

 
$
(2,439
)

The gains (losses) recorded on both the derivatives instruments and specific items designated as being hedged as part of the fair value hedging relationships outlined above are recorded through Net realized and unrealized gains (losses) on derivative instruments in the income statement along with any associated ineffectiveness in the relationships. In addition, the periodic coupon settlements relating to the interest rate swaps are recorded as adjustments to net investment income for the hedges of fixed maturity investments and as adjustments to interest expense for the hedges of deposit liabilities and notes payable and debt.
The periodic coupon settlements resulted in decreases to Interest expense of nil and $2.4 million for the three months ended March 31, 2013 and 2012.
Settlement of Fair Value Hedges
A summary of the fair value hedges that have been settled and their impact on results during the three months ended March 31, 2013 and 2012 is shown below:
Settlement of Fair Value Hedges - Summary
Fair Value Hedges - Notes
Payable and Debt
March 31,
 
Fair Value Hedges - Deposit
Liabilities
March 31,
(U.S. dollars in thousands, except years)
2013
 
2012
 
2013
 
2012
Cumulative reduction to interest expense
$
15,926

 
$
12,019

 
$
25,588

 
$
11,070

Remaining balance
$
5,698

 
$
9,605

 
$
207,607

 
$
138,415

Weighted average years remaining to maturity
1.5

 
2.5

 
24.7

 
33.0


(b) Derivative Instruments Designated as Hedges of the Net Investment in a Foreign Operation
The Company utilizes foreign exchange contracts to hedge the fair value of certain net investments in foreign operations. During the three months ended March 31, 2013 and 2012, the Company entered into foreign exchange contracts that were formally designated as hedges of investments in foreign subsidiaries, the majority of which have functional currencies of either U.K. sterling or the Euro. There was no ineffectiveness in these transactions.
The following table provides the weighted average U.S. dollar equivalent of foreign denominated net assets that were hedged and the resultant gain (loss) that was recorded in the cumulative translation adjustment account within AOCI for the three months ended March 31, 2013 and 2012.
Derivative Instruments Designated as Hedges of the
Net Investment in a Foreign Operation - Summary
Three Months Ended
March 31,
(U.S. dollars in thousands)
2013
 
2012
Weighted average of U.S. dollar equivalent of foreign denominated net assets
$
2,523,821

 
$
1,893,401

Derivative gains (losses) (1)
$
62,639

 
$
(37,872
)
____________
(1)
Derivative gains (losses) from derivative instruments designated as hedges of the net investment in a foreign operation are recorded in the cumulative translation adjustment account within AOCI for each period.
(c) Derivative Instruments Not Formally Designated As Hedging Instruments
The following table provides the total impact on earnings relating to derivative instruments not formally designated as hedging instruments under authoritative accounting guidance and from the ineffective portion of fair value hedges. The impacts are all recorded through Net realized and unrealized gains (losses) on derivatives in the income statement for the three months ended March 31, 2013 and 2012:
Net Realized and Unrealized Gains (Losses) on Derivative Instruments
Three Months Ended March 31,
(U.S. dollars in thousands)
2013
 
2012
Investment Related Derivatives:
 

 
 

Interest rate exposure
$
200

 
$
700

Foreign exchange exposure
(1,598
)
 
(354
)
Credit exposure
(816
)
 
(3,699
)
Financial market exposure
5,353

 
3,944

Financial Operations Derivatives:
 

 
 
Credit exposure
242

 
143

Other Non-Investment Derivatives:
 

 
 
Guaranteed minimum income benefit contract
3,697

 
2,015

Modified coinsurance funds withheld contract
(668
)
 
392

Total derivatives not designated as hedging instruments
$
6,410

 
$
3,141

Amount of gain (loss) recognized in income from ineffective
portion of fair value hedges
1,475

 
(2,439
)
Net realized and unrealized gains (losses) on derivative
instruments
$
7,885

 
$
702


The Company’s objectives in using these derivatives are explained below.
(d)(i) Investment Related Derivatives
The Company, either directly or through its investment managers, may use derivative instruments within its investment portfolio, including interest rate swaps, inflation swaps, credit derivatives (single name and index credit default swaps), options, forward contracts and financial futures (foreign exchange, bond and stock index futures), primarily as a means of economically hedging exposures to interest rate, credit spread, equity price changes and foreign currency risk or, in limited instances, for investment purposes. The Company is exposed to credit risk in the event of non-performance by the counterparties under any swap contracts, although the Company generally seeks to use credit support arrangements with counterparties to help manage this risk.
Investment Related Derivatives – Interest Rate Exposure
The Company utilizes risk management and overlay strategies that incorporate the use of derivative financial instruments, primarily to manage its fixed income portfolio duration and exposure to interest rate risks associated with primarily those assets and liabilities related to certain legacy other financial lines and structured indemnity transactions. The Company uses interest rate swaps to convert certain liabilities from a fixed rate to a variable rate of interest and may also use them to convert a variable rate of interest from one basis to another.
Investment Related Derivatives – Foreign Exchange Exposure
The Company has exposure to foreign currency exchange rate fluctuations through its operations and in its investment portfolio. The Company uses foreign exchange contracts to manage its exposure to the effects of fluctuating foreign currencies on the value of certain of its foreign currency fixed maturities primarily within its Life operations portfolio. These contracts are not designated as specific hedges for financial reporting purposes and, therefore, realized and unrealized gains and losses on these contracts are recorded in income in the period in which they occur. These contracts generally have maturities of twelve months or less.
In addition, certain of the Company's investment managers may, subject to investment guidelines, enter into forward contracts where potential gains may exist.
Investment Related Derivatives – Credit Exposure
Credit derivatives may be purchased within the Company's investment portfolio in the form of single name and basket credit default swaps, which are used to mitigate credit exposure through a reduction in credit spread duration (i.e., macro credit strategies rather than single-name credit hedging) or exposure to selected issuers, including issuers that are not held in the underlying bond portfolio.
Investment Related Derivatives - Financial Market Exposure
Stock index futures may be purchased within the Company's investment portfolio in order to create synthetic equity exposure and to add value to the portfolio with overlay strategies where market inefficiencies are believed to exist. From time to time, the Company may enter into other financial market exposure derivative contracts on various indices including, but not limited to, inflation and commodity contracts.
(d)(ii) Financial Operations Derivatives - Credit Exposure
At March 31, 2013 and December 31, 2012, the Company held one credit derivative exposure, which was written as part of the Company's previous financial lines business and is outside of the Company's investment portfolio. This is a European project finance loan participation that benefits from an 80% deficiency guarantee from the German state and federal governments. An aggregate summary of the credit derivative exposures at March 31, 2013 and December 31, 2012 is as follows:
Financial Operations Derivatives - Credit Exposure Summary:
(U.S. dollars in thousands, except term to maturity)
March 31, 2013
 
December 31, 2012
Principal outstanding
$
41,142

 
$
44,281

Interest outstanding
2,277

 
2,622

Aggregate outstanding exposure
$
43,419

 
$
46,903

Total liability recorded
$

 
$

Weighted average contractual term to maturity
4.5 years

 
4.7 years

Underlying obligations credit rating
BB

 
BB


At March 31, 2013 and December 31, 2012, there was no reported event of default on this obligation. Credit derivatives are recorded at fair value based upon prices received from the investment bank counterparty and corroborated by using models developed by the Company. Although the Company does not have access to the specific unobservable inputs that may have been used in the value provided by the counterparty, it expects that the significant inputs considered would include changes in interest rates, future default rates, credit spreads, changes in credit quality, future expected recovery rates and other market factors. The change resulting from movements in credit and credit quality spreads is unrealized as the credit derivative is not traded to realize this resultant value.
(d)(iii) Other Non-Investment Derivatives
The Company also has derivatives embedded in certain reinsurance contracts. For a certain life reinsurance contract, the Company pays the ceding company a fixed amount equal to the estimated present value of the excess of guaranteed benefit over the account balance upon the policyholder's election to take the income benefit. The fair value of this derivative is determined based on the present value of expected cash flows. In addition, the Company has modified coinsurance and funds withheld reinsurance agreements that provide for a return based on a portfolio of fixed income securities. As such, the agreements contain embedded derivatives. The embedded derivative is bifurcated from the funds withheld balance and recorded at fair value with changes in fair value recognized in earnings through Net realized and unrealized gains and losses on derivative instruments.
(e) Contingent Credit Features
Certain derivative agreements entered into by the Company or its subsidiaries contain rating downgrade provisions that permit early termination of the agreement by the counterparty if collateral is not posted following failure to maintain certain credit ratings from one or more of the principal credit rating agencies. If the Company were required to early terminate such agreements due to a rating downgrade, it could potentially be in a net liability position at the time of settlement. The aggregate fair value of all derivative agreements containing such rating downgrade provisions that were in a liability position and the collateral posted under any of these agreements as of March 31, 2013 and December 31, 2012 were as follows:
Contingent Credit Features - Summary:
(U.S. dollars in thousands)
March 31, 2013
 
December 31, 2012
Aggregate fair value of derivative agreements with downgrade provisions in a net liability position
$
12,607

 
$
20,366

Collateral posted to counterparty
$

 
$
5,490