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1993
6 Jan 83
Daily Telegraph : Further huge losses loom for Lloyd's members
LLOYD'S of London members, some already hard-hit, are about to suffer more huge losses following a dramatic deterioration in the finances of another syndicate involved in the notorious "LMX spiral".
About 1, 000 members of R J Bromley syndicate 475 could be facing losses of more than 500pc of the syndicate's 1989 capacity.
If losses reach that level equivalent to £128m in value terms, they would beat even the worst losses incurred by Gooda Walker syndicate 298, where members are now threatening legal action.
News of the losses is likely to spark anger at a meeting tomorrow of agents who introduced members to the syndicate. They include some of the market's biggest agents, Murray Lawrence, Sedgwick and PW Kininmonth.
The latest market estimate of the loss is far greater than members were led to believe in March last year when accounts warned of a loss of about 60pc of capacity.
It follows growing losses on Hurricane Hugo and the 1987 European storms above the syndicate's reinsurance protection, and was discovered following a review by its managing agent Spratt & White, part of the Knightstone Group - the firm that emerged from the disintegration of the Poland agencies in 1991.
Members were told of the deterioration in a letter from Knightstone chairman Trevor Bradley just before Christmas .
He said the minimum loss had soared to 200pc, "but it could be considerably worse than this."
Expectations for the 1990 year are for a 50pc loss but Mr. Bradley who has called for a loss review by Lloyd's, said this could also rise.
Syndicate 475 was run by Roy Bromley until he was ousted as underwriter and head of the Bromley agency in May 1991 in circumstances he is still disputing in the courts. The syndicate ceased trading at the end of that year and is now in "run-off."
Its problems stemmed from the high-business of reinsuring the top slice of the catastrophe risks of other syndicates.
Mr. Bradley said yesterday that members were likely to face calls to put in more cash. A cash call will then trigger a loss review.
"We are all for a review," he said. "The reason for these losses has to be established because they are so absolutely appalling. We think we have the expertise to sort it out after the Poland excess of loss.
10 Jan 93
The People : Royals and pals hit by cash crash
SHOCKED royals and their top-rank friends have suffered huge losses in insurance syndicates at Lloyd's of London.
The Duchess of Kent Prince and Princess Michael of Kent, Prince Charles's close friend Lady Romsey, and the Queen Mother's cousin Simon Bowes Lyon, have all been hard hit.
Lloyd's members known as Names - have had a disastrous year, facing losses of £2 billion.
The crisis has shattered the royal circle, with members of it facing demands totalling millions of pounds.
Confidential documents obtained by The People show the depth of Lloyd's royal disaster.
Lady Patricia Ashmore , wife of Vice-Admiral Sir Peter Ashmore - who for 13 years was the Master of Her Majesty's Household faces crippling claims of more than £500,000.
Shattered Lady Ashmore confirmed at her home near Sevenoaks, Kent: "We have big losses."
The Queen's personal vet in Windsor, Philip Ayrton Grime honoured with the Commander of the Victorian Order and the man who looked after her horses and corgis - is threatened with demands of £1 million plus.
Princess Anne's former father-in-law, Major Peter Phillips, is another big loser and is being forced to quit his luxury home. He put his £385,000 Tudor manor house on the market last August.
Lady Romsey , Sir Angus Ogilvy, Prince and Princess Michael of Kent and the Duchess of Kent are all on the hit list, with losses totalling hundreds of thousands of pounds.
Now red-faced Lloyd's chiefs face a royal rollicking as a bitter legal battle erupts over allegations o f negligence.
Lloyd's have been accused of " structural rottenness," with allegations that fat-cat insiders stitched up the low-risk high-profit business at the expense of outsiders.
Author Jonathan Mantle - who wrote the best-seller For Whom the Bell Tolls on the inside story of the Lloyd's crisis - said: "I have been told on good authority that the Queen is furious with Lloyd's.
"She virtually gave them a royal seal of approval. But the trusted and once respected institution has ruined some of her closest friends' lives.
"The majority of Lloyds members don't work there and simply pledge assets to make what they expect to be a modest return.
"They are sleeping partners without which Lloyd's cannot function. But now these sleeping partners have woken up to a nightmare.
"Disastrously for members of the royal inner circle, they were on some of the worst-hit syndicates."
He added: "It's not surprising that Lloyd's recently retired chairman David Coleridge didn't get a knighthood in the New Year honours.
"If the Queen had taken out the ceremonial sword,' she might have been more inclined to chop off his head!"
13 Jan 93
Financial Times : Merrett deal aims to attract corporate capital to Lloyd's
Merrett Group , one of the largest agencies at the Lloyd's insurance market, yesterday announced the launch of a company formed to reinsure exclusively business underwritten by its nine syndicates.
The deal involving J.P Morgan, the US investment bank, Marsh & McLennan, the world's biggest insurance broker, and other international investors - represents the first step by any agency to attract corporate capital to the Lloyd's market, in the wake of recommendations last year by the Rowland task force.
Merrett Group itself will have no stake in Underwriters Capital (Merrett), which will be Bermuda-based. But Mr. Dennis Purkiss, chief executive, insisted that the company represents a "a new source of capital" for the group. J. P. Morgan and Marsh & McLennan will each invest $7m in Underwriters Capital (Merrett). It will start with $70m in capital
The new company will provide quota share reinsurance - reinsuring a certain percentage of risks underwritten by Merrett syndicates in return for the same percentage of the premium - for a minimum five-year period.
Many Lloyd's agencies are examining ways to attract outside capital, following the decline in the number of Names - individuals whose assets back the market's underwriting - and Mr. Purkiss predicted that the deal could be the first of a number at Lloyd's. He said: "There is not much doubt that Morgan and Marsh McLennan will use it as a blueprint."
Some syndicates have already taken advantage of new rules introduced by Lloyd's last year allowing them to make greater use of quota share reinsurance deals, but Merrett is the first agency to have negotiated arrangements of this type.
Merrett group's capacity - the maximum amount of premiums it can underwrite under Lloyd's rules - will amount to about £400m. Under the revised regulations Merrett can underwrite an extra 25 per cent of this amount if premiums in excess of this capacity are ceded to an outside quota share reinsurer.
Both Marsh & McLennan and J. P. Morgan have won a reputation for sponsoring innovative insurance deals. They launched another reinsurance company, Mid-Ocean, with capital of $350m, last November.
17 Jan 93
Sunday Telegraph : British insurer arrested in US
British insurer Alan Teale , who used to run the failed Miami Insurance Exchange, has been arrested by the FBI in Atlanta, Georgia, after what the authorities are calling one of America's biggest insurance frauds. On Friday he and his wife Charlotte Rentz, were charged with robbing 5,500 clients of $50 million.
Victims, mostly Californian, included owners of businesses destroyed in last year's Los Angeles riots, motorists and people denied health cover by conventional insurers. Teale's aim, said the FBI, was " to receive millions of dollars in premiums while failing to pay claims".
A former secretary of the Lloyd's Insurance Brokers Association, Teale, 61, and his wife were arrested after a grand jury in Mobile, Alabama, named them in a 41-count indictment. It described a scheme ranging from America to the Caribbean, Belgium and Ireland involving more laundering and fake deals to disguise Teale's involvement.
The indictment charges Teale with using foreign companies and bank accounts to avoid American licensing and auditing procedures. The grand jury alleged: "Once the defendant's companies were shut down by state insurance regulator, they and their [unnamed] co-conspirator would start new companies under different names."
After the Miami exchange collapsed, Teale gained control of Georgia-based Victoria Insurance, which itself folded in 1988. There hare been suggestions that $16 million of premiums vanished into the Bank of Credit and Commerce International in London.
An investigator described the network allegedly run by Teale from Atlanta as the
"Super Bowl' of insurance frauds . The FBI said he became so well known to regulators that he always tried to hide his role in companies.
18 Jan 93
Daily Telegraph : Syndicate wins claims against Eagle Star
Syndicate 640 at Lloyd's of London has won its case against Eagle Star, so removing a threat to the quick settlement of claims by Lloyd's underwriters.
The insurance company had refused payment on the syndicate's reinsurance policies unless there was a "demonstrable legal liability".
Similar difficulties have been raised on other recent reinsurance policies for other syndicates.
Such a bar would have meant the " Wellington Agreement" at Lloyd's set up to accelerate payment to suffers from asbestosis, might have been stopped. It would also prevent underwriters reaching a compromise over claims.
The decision from Judge Diamond awarded victory and costs to the syndicate. He ruled that Eagle Star had to pay monthly debit notes against "honest payments" without demanding legal liability proof in each case
The syndicate. formed in 1919, is being closed and Syndicate Underwriting Management was sealing off accumulated liabilities by taking out "whole account unlimited run-off" reinsurance cover with Eagle Star for the risks still lingering from pre-1965 policies.
Up to June 1991, Eagle Star paid claims on that cover but since then the two sides have been locked in legal battle.
Patricia Mitchell, of Warner Cranston, solicitors to the syndicate, said last night that the syndicate will fight any appeal by Eagle Star - to the House of Lords if necessary.
22 Jan 93
Shell "Rocky Mountain" Arsenal Case. California's Court of Appeal partially upheld the December 1988 ruling in that Shell could not collect on policies issued after 1969, and ordered a re-trial on the issue as to whether Shell had expected and intended the pollution, and not as to whether Shell should have known that it was polluting the site.
22 Jan 93
The Recorder : Limited victory for Shell in coverage appeal.
Shell gets second chance on pollution coverage, but appeal court reads exclusion clauses broadly
22 Jan 93
Daily Journal : Shell insurer must pay for toxic cleanup
The 1st District ruling hinges on a faulty jury instruction and the definition of a word
29 Jan 93
Business Review : Aetna Boosts Reserves by $180 Million For Asbestos, Environmental Claims
NEW YORK - Investment analysts called Aetna Life & Casualty Co.'s $180 million boost in asbestos and environmental claim reserves a sign that the Hartford-based insurance company has gotten a better grip on its current claims adjustment expenses, primarily legal fees.
Aetna announced late Tuesday that the reserve increase, plus continued poor results in its commercial property/casualty business, accounted for a fourth-quarter after-tax loss from continuing operations of between $155 million and $165 million.
But the announcement caught many analysts off guard, even though ITT Hartford Insurance Co. of Hartford, Conn., and Crum & Forster Inc. of Warren, N.J., recently pumped billions of dollars into their reserves for the fourth quarter of 1992.
"It's not that anyone hasn't known the company has asbestos and environmental exposures. But it gave no Indication earlier that the company would be doing something with property/casualty reserves," said senior analyst Gloria Vogel of Shearson Lehman in New York.
"I was a little surprised. I don't think anyone expected it," agreed Jay Cohen, an analyst with Salomon Brothers in New York.
However he said he was not surprised by the company's timing. "It makes a lot of sense to take the loss in the fourth quarter of 1992," he said. "From an investor's point of view, 1992 has already been written-off as a bad year" for insurance companies hit with billions of dollars in catastrophe claim including $3 billion for Hurricane Andrew alone.
Chris Heller, Aetna's spokesman. denied the insurer was trying to hide the losses in the fourth quarter. "This is not a case of us dumping," he said. "There are very specific things in recent months that led us to this action."
Mr. Heller said $80 million of that increase is to fund asbestos claims. He said the company now can estimate its legal claims as a result of recent action by the Center for Claims Resolution, Princeton, N.J., which worked out a settlement in 800 asbestos cases consolidated by a Maryland court. The center is a mechanism created by 20 former asbestos makers and their Insurers to pay claims of people injured by asbestos.
The remaining $l00 million reserve boost is for the company's continuing increases in environmental cases and the cost of litigating such actions, he said. "Aetna's one of the biggest players in environmental cases," said William Passannante, a partner with Anderson Kill Olick & Oshinsky of New York, which has represented plaintiffs in environmental cases. "There are hundreds of cases, and each one is potentially millions of dollars worth of exposure."
"Maybe it's the fact that plaintiffs are starting to score some wins" in environmental and asbestos litigations across the country, he said. These decisions are "giving Aetna enough exposure to set realistic reserves. Their experience is changing."
The three major ratings firms said there would be no change in Aetna's financial or claims-paying ratings with the fourth-quarter loss.
"We anticipate taking no action," said William Cavanagh, a director at Standard & Poor's, which rates Aetna "AA" on its senior debt. "They, like all other commercial companies, are going to have to deal with losses from toxic liability losses over time."
"A lot of companies need to be doing this. This is an accounting recognition of those losses," agreed Chester Murray, associate director of Moody's Investor Services, which rates the company "AA2." Aetna is "catching up to the economic realities of the situation," he added.
"The company wants to clean the slate and position themselves to report improved earnings going forward," said John Snyder, senior vice president of the P/C department of A.M. Best of Oldwick, N.J. which gave Aetna an "A" rating.
29 Jan 93
Business Review : Weather woes send shivers up the spines of Lloyd's names
Perhaps the greenhouse effect is a flaky theory concocted by hair-brain greenies to scare the world for fun. Even scientists aren't in full agreement about the alleged phenomenon. But the international insurance industry is taking it seriously.
A paper recently presented at the annual congress of the National Insurance Brokers of Australia catalogues the enormous increase in claims resulting from natural disasters over the past five years. It also outlines reports by various insurance and reinsurance firms to deal with such claims in the future.
31 Jan 93
Sunday Telegraph : Worst fears confirmed at Gooda
ABOUT 4,000 Lloyd's Names on the stricken Gooda Walker syndicates face bad news tomorrow when Ralph Sharp, head of GW Run Off,. delivers his interim report.
Already fearful of eventual combined losses of more than £580 million, they are likely to find the figures for the 1989 open year and 1990 at the outer limits of their loss estimates. Worst news is likely in spiral Syndicate 298 and stop-loss Syndicate 387, though 290 may not be as bad as feared.
Meanwhile. another action group. representing Names on Syndicate 126, where Ian Posgate was underwriter, are launching a protest campaign. They have not been able to close their accounts for 1980, 1981 and 1982, showing a loss of 150 per cent of capacity on United States liability and pollution business, much placed by broker Minet.
Underwriter Michael Harris of the A J Archer agency is managing the run-off - he also writes for Syndicate 947, which reinsured with 126. Action group founders Kimbarra Mahon and Richard Micklethwaite want Lloyd's chief executive Peter Middleton to pressure Archer to close the years rather than run them off for a fee. They have protested to agency chairman Jeremy Hardie.
2 Feb 93
Financial Times : Losses for Gooda Walker syndicates put at £924m
GOODA WALKER syndicates at Lloyd's of London suffered losses of nearly £924m in the four years to 1990 - possibly the largest experienced on the Insurance market according to estimates released yesterday.
An interim report from GW Run-Off, the agency managing the defunct syndicates, showed losses for 1989 of £621m - or nearly 30 per cent of losses across the entire Lloyd's insurance market for the year.
Some 4,000 Names - the individuals whose assets underwrite the market - on the seven Gooda syndicates also received initial estimated losses for the 1990 underwriting year of £188m.
Mr. Michael Deeny, chairman-elect of the Gooda Walker Action Group, said last night: "This is absolutely horrific. It's larger than we expected and very depressing for Lloyd's Names."
But Mr. Ralph Sharp, GW Run-Off chairman, said the estimates could increase substantially because they took no account of asbestosis and pollution losses or allowances for the collapse of reinsurance companies.
In a measure of the difficulty facing Names, the report showed that only two thirds of the £598m in calls made from syndicates during 1991 and 1992 had been received by the end of last year.
Syndicate 387 alone posted losses of 750 per cent of its underwriting capacity for 1989, the last year in which it wrote insurance business and the highest proportion on a Lloyd's syndicate.
The other syndicates - 164, 290, 295, 296, 298 and 299 -showed losses of between 5 per cent and 150 per cent in 1986-90.
Additional costs for 1986-89 rose by £142m, of which £46m was attributed to exchange rate losses and £24m was in further reserves against claims connected with Hurricane Hugo.
GW Run-Off said that it was investigating several aspects of the management of the Gooda syndicates, including "under-reserving" - making insufficient provision against possible losses -on syndicates 164 and 290, and bonuses and salaries paid to former staff and a fleet of cars charged to syndicate funds.
2 Feb 93
Daily Telegraph : Gooda Walker loss tops £1bn
Gooda Walker loss tops £1bn
THE HUGE losses on the Gooda Walker insurance syndicates have worsened further, taking the estimated total deficit to more than £1 billion.
Members agents, who look after the 3,500 members of Lloyd's involved in the syndicates previously managed by Gooda Walker, were yesterday told that the combined loss is estimated at £925m for the open years up to and including 1990.
This does not include the expected losses for 1991, which have yet to be quantified, hut will take the total over £1bn.
G W Run-Off, the substitute agency formed to look after the Gooda Walker syndicates' affairs, is investigating bonus payments and salaries paid to former Gooda Walker staff. In particular, it is looking at the salary increases paid to Derek Walker two years ago.
It has also discovered that a fleet of 19 cars for the use of former Gooda Walker senior staff was charged to syndicate trust funds. These cars were subsequently sold under a sale-and-leaseback agreement and G W Run-Off is trying to recover the money.
Ralph Sharp, chairman of G W Run-Off, said; "I am not interested in what cars they were but I can assure you they weren't Mini's." Mr. Sharp refused to disclose the size of bonuses paid to former Gooda Walker staff. "It is a legal matter. I can't comment."
Mr. Sharp said the 1989 accounts worsened by £142m during last year. Some £46m of this deterioration is blamed on sterling's devaluation and a further £12m for interest charges resulting from the delays in losses being funded by members.
Lloyd's of London is charging interest of 5pc over base rates on overdrawn balances and has refused calls for help on currency hedging, despite a considerable proportion of its Central Fund being held in US dollars.
Cash calls totalling £403m have been collected but a further £195m remains outstanding.
David Young , deputy chairman of accountants Touche Ross, is to take over as chairman from Mr. Sharp, who will remain a director.
3 Feb 93
Financial Times : No Rewrite for Lloyd's Horror Story
High above the trading floors of Lloyd's of London, David Rowland. chairman of the troubled insurance market, contemplated the latest round of bad news. It was, he said, "horrific."
The source of his concern was in nearby Lloyd's Avenue, where managers were trying to salvage the fortunes of 3,500 underwriting members whose affairs were once managed by the Gooda Walker agency.
They had just announced that losses had climbed to £925m. For individuals in insurance syndicates, that meant an average liability of £264,285 each. Since the bulk of the losses will have to be met from their private wealth, many face financial ruin.
The Lloyd's market as a whole is expected to report up to £2bn worth of losses this year - on top of £2bn in losses last year and £500m in 1991.
Few financial institutions have suffered so big a loss over so short a time and survived intact. There has been widespread comment that Lloyd'', the oldest insurance market in the world, is close to "meltdown." In other words, not only are the members facing financial ruin, but Lloyd's itself might be facing bankruptcy.
Entering this troubled area is Mr. Rowland. He took over as chairman of Lloyd's at the beginning of last month but he has already created a small place in Lloyd's 305-year history. As the first paid chairman of the market, Mr. Rowland, 59, will receive £450,000 a year.
Previously, Lloyd's chairmen came from the companies that operated in the market and they returned to them after a two to four-year period in the job - with or without a knighthood for services rendered.
How did he feel about the losses now threatening to wipe out the generation of accumulated wealth of Lloyd's 20,000 members?
"I feel horrific but I cannot rewrite the past," he said. "What I am trying to do is to think about the future in such a way that it can benefit all members, and practical ways in which we can deal with the past. The losses are real. There is nothing I can do about that."
That is cold comfort for underwriting members, forced to watch their wealth spent on the financial consequences of oil spills or transferred to American companies that have been sued successfully by former employees who have contracted the lung disease asbestosis.
One again their anger is growing and after a series of stormy meetings with the Lloyd's authorities last year the members will be expecting positive action this year from Lloyd's new and paid chairman to provide them with financial relief.
The courts have been deluged with writs from those facing the largest losses. Some members have committed suicide. Last month a professional underwriter at Lloyd's was found dead with a gunshot wound in circumstances that the police did not regard as suspicious. An inquest takes place takes place later this month.
Inevitably, any chairman will be called to account by the members, for the problems they now face, even though he was not leading the market when the troubles surfaced.
"I am not trying to avoid responsibility," Mr. Rowland said. " We should all feel responsible for those losses in a proper sense." He stressed that this statement did not suggest legal responsibility, obvious mindful of the minefield that he might get into.
"The fact that Lloyds's has brought benefit over generations is not much help to people who are suffering at the moment."
How then can the members be helped? " I cannot invent money, I cannot rub a magic lamp for money to appear from it. I try to explain what the situation is."
There is, he says no solution other, than to try to increase Lloyd's resources through profitable trading in the future, to apply that profit to the members who have risked their own capital, and to strengthen the internal institutions within Lloyd's.
"I and my colleagues do not have the universal truth but we are trying to chart a course through difficult waters."
In spite of the turmoil within Lloyd's, dramatic changes are being made in the style of management. Until comparatively recently Lloyd's was run like a club rather than a business. The lunches were good and the management was indifferent.
The management structure has been strengthened. In the past few months a dynamic chief executive, Peter Middleton, has been appointed at £250,000 a year.
A former monk and diplomat, whose last job before joining Lloyd's was running the Thomas Cook travel agency, Mr. Middleton has made a good impression among the underwriting members. He has persuaded them that he is looking for solutions to their problems and is anxious to head off further rounds of costly litigation.
On the regulatory front, Mr. Rowland is supported by Brian Garraway, a former trouble-shooter at BAT Industries.
If Mr. Middleton has struck a hopeful note among the members, Mr. Rowland is more cautious about whether past troubles can be dispatched. By the end of April Mr. Rowland hopes to have drawn up a business plan for the market, incredibly the first ever produced at Lloyd's.
"I am not suggesting that we will have an answer to every possible problem at the time. But we have a duty to explain how we are going to handle those problems and chart a route for the members in which they can have faith."
Mr. Middleton's brief extends to giving a strong lead to the hundreds of companies and executives that operate at Lloyd's
"He does not have the right of instruction over competing companies in the market but he can provide an influence," said Mr. Rowland, who formerly headed Britain's largest independent insurance broker, Sedgwick Group.
The two men have yet to decide on their specific responsibilities in the new structure. "We are assessing what our respective strengths are," Mr. Rowland said.
But it is perhaps revealing that both are keen to move their offices down from the marble halls of the 12th floor of the Lloyd's building to nearer where business is traded on the market.
Meanwhile Mr. Rowland wants new capital brought into Lloyd's. In a report on the market's future last year, he recommended that not only individuals but also companies, and particularly insurance companies, should be allowed to invest in Lloyd's.
"It would be unwise in the present situation to bank on our future capital being provided by individuals," he observed.
So in the future he wants market forces to "produce" a framework for incorporated capital, a fair structure which will have the support of all members.
6 Feb 93
Economist : British insurers - Royal romance
FOR the last three months of 1992 British investors and Royal Insurance enjoyed a passionate love affair. Shares in the company have soared since September 16th, when sterling left Europe's exchange-rate mechanism (ERM); Royal's share price plunged to 118p during that day, then more than doubled to touch 294p in January. Though the price has slipped a bit recently, most analysts expect a further rise soon.
Attitudes have changed fast. Before the rally, rumours were rife that Royal faced collapse. In February 1992 it announced a record pre-tax loss of £373m ($660m) for 1991 and did not pay a final dividend. The following year seemed bound to be worse, thanks to big losses on mortgage-indemnity insurance. which partly reimburses lenders for losses when borrowers default.
Royal has made provisions of £360m to cover mortgage-indemnity losses, and further provisions are expected. The insurer was already badly weakened by trouble abroad. Between 1988 and 1990 it had had to give its loss-making American subsidiary £700m to boost its reserves. Royal's solvency ratio, a main measure of financial strength which shows capital as a proportion of non-life premium income, tell to 25% in June 1992 - its lowest level since 1974. The average for the five British composites (which insure both lives and general risks)was then 38%.
Yet the insurer's six month figures were less awful than expected. And at the end of 1992 Royal's solvency ratio had edged up to around 31% (against the industry's 44%), helped by the sale of foreign assets,
Off-loading an 18.8% stake in Aachener und Munchener (AM s), a German insurer that has since been bought by a French rival, raised £249m in December 1991. In February 1992 Royal's Dutch subsidiary was sold to Epic, a joint-venture with AMB and Italy's Fondiaria in which Royal has a 33% stake. Royal got £110m and lost £165m of non-life premium income from its solvency ratio, boosting the figure by four percentage points. In November Royal and Sun Alliance. a British insurer, merged their Australian units; Royal received about £50m, 40% of the combined firm and a further one-point boost to its solvency ratio. A convertible bond issue in December raised £76m.
An upturn in Britain's insurance cycle allowed Royal to raise premiums; this, tighter financial controls and a new emphasis on profits rather than market share, helped it make money. So did the interest-rate cuts following sterling's exit from the ERM; these probably saved the company, reckons Youssef Ziai, an analyst at Morgan Stanley. Even before September there had been signs that the worst of the mortgage-indemnity problem was over, among them the slowing of house repossessions, lower interest rates further reduced the rise in mortgage defaults and more recently have begun to buoy house prices. Without its mortgage-indemnity losses, Royal would actually have made a profit in 1992.
The shares of all the composites have prospered since mid-September. If ‘s have outperformed the others, it is largely because the insurer's starting position was shakier. Yet some analysts think that Royal is still undervalued. At the end of 1992 its shares traded at a 20% discount to its net asset value. The other composites were at a premium of at least 11%; Commercial Union, which avoided the mortgage-indemnity debacle, traded at a 41% premium. Royal's net assets would, in fact. shrink if it turned out that the insurer had not made sufficient provision for mortgage-indemnity losses. But most analysts reckon Royal is a good short-term bet (though the other composites have probably peaked). They are less bullish long-term.
Royal's American business is now profitable but only a shadow of its former self. And for all that the firm insists that its European and Australian joint ventures make "Strategic sense", it has in fact had to slash its overseas ambitions. Britain now generates around half of Royal's non-life premium income, compared with a quarter in the mid-1980s. Premium income is anyway falling as customers balk at higher prices. Royal admits to an 8-10% decline in volume in the past two years.
David Nisbet, an analyst at County NatWest, reckons the firm is only half-way through its long-term shrinkage. On January 29th it decided to cut its losses by winding down Royal Re, the reinsurance subsidiary that it nearly sold to America's General Re in 199:. There may be further sales, possibly of Royal Life. When this process ends, a big international company will have become a middle-sized British firm with a few overseas bits. Will investors love Royal still?
7 Feb 93
Sunday Telegraph : Lloyd's ponders public status
A RADICAL proposal to convert Lloyd's of London into a public company is being considered by the insurance exchange's market board as it works on a new business plan. Lime Street sources said yesterday.
If adopted. the plan, to be put to Lloyd's chairman David Rowland and chief executive Peter Middleton next month, could enable Lloyd's, which faces 1990 losses of up to £2 billion, to issue shares.
That would take corporate membership, mutualisation and limited liability much further than initially envisaged, but there is support among underwriters for radical measures.
Former Lloyd's deputy chairman Richard Hazell is expected to resign soon from the exchange's regulatory board, which was set up last month. He is leaving Lloyd's to chair the United Kingdom subsidiary of American insurer Liberty Mutual.
Until last summer Hazell underwrote for Syndicate 190, run by discount house Cater Allen's Lloyd's arm. The syndicate has been hit by past losses on US liability and other policies, though Hazell's successor John Wetherell says syndicate reserves of £300 million should be adequate and 1991 and 1992 should be profitable. Cater Allen is in expansionist mood, though company sources say talk of an imminent tie-up with Sturge is premature.
7 Feb 93
Sunday Mirror : £30,000 blow hits Camilla
PRINCE Charles's close friend Camille Parker Bowles is facing losses thought to top £30,000 as a Name" at insurance Giants Lloyd's of London.
She is a member of 10 underwriting syndicates at Lloyd's, hit by estimated losses of £2 billion last year.
Mother-of-two Camilla, 45 - whose taped phone conversation with Prince Charles shocked the world - is a member of the "badly-holed" Marine Wellington 448 syndicate among others.
Members of the Royal Family and others in their circle are also under threat. They include Prince and Princess Michael of Kent, the Duchess of Kent, the Queen Mother's cousin Simon Bowes-Lyon, and Prince Charles's close friends Lord and Lady Romsey.
8 Feb 93
Financial Times : Life groups in Japan gain losses concession
JAPAN'S ministry of finance is likely to allow life insurance companies to postpone booking foreign exchange losses on international bond investments for the year ending March 1993.
The move is part of the ministry's efforts to support the ailing Tokyo stock market by restricting stock sales by institutional investors. The ministry has already instructed the country's banks not to sell stocks to shore up profits, and now wants to prevent selling by life groups, Japan's leading institutional investors, to cover for their investments in Australian and Canadian bonds.
Although life assurers are allowed to value foreign securities at book value, they are required to book losses once the market value of the investments falls more than 15 per cent. Both Canadian and Australian dollars have fallen sharply against the yen this fiscal year, and leading life assurers are believed to be holding some Y300bn ($2.41bn) in unrealised losses.
The ministry is also considering whether to allow life assurers to book unrealised profits on stock holdings to prop up profits. While the move is likely to attract criticism as window dressing of accounts, the finance ministry intends to allow life assurers to include unrealised stock profits to increase their dividend reserves for policy holders.
Unrealised profits on stock holdings have sewed to cover the loss between dividends on policies, which average around 6.5 per cent, and the return on the assurers' investments, which is declining rapidly due to the fall in interest rates.
The ministry ad life industry are becoming wary over further erosion of the "buffer" against lower returns through realising latent gains on stocks. Combined unrealised profits on stocks at the largest life assurers totalled some Y6,000bn last September, Y2,000bn lower than the previous year.
8 Feb 93
Independent : Increased losses likely at Lloyd's
Two of the most troubled underwriting syndicates in the Lloyd's insurance market are poised to announce increased losses.
Managers of syndicate 745 are expected to warn underwriting members that losses are far worse than the anticipated £132.5m so far announced. A letter will be sent to members by the M J Marchant agency, which looks after the affairs of the syndicate.
Already, the syndicate's managers have been warned by a leading professional insurance broker,
Edward Benfield, chairman of Kininmonth Lambert Marine XL that losses on the 1989 and 1990 underwriting accounts could rise as high as £400m.
Mr. Benfield is leading an action group which is attempting to gain some financial restitution for the
syndicate's 1,750 members. He has urged Lloyd's to reopen the 1989 account and hold a fresh audit.
Marchant took over the management of 745 from KPH Underwriting Agencies all the end of last year and since then managers have been struggling to get more reliable information about the syndicate's trading position.
David King, the former underwriter for the syndicate, was asked by the board of KPH to resign on
l4 October last year because of the deteriorating position.
The losses have been caused by larger-than-expected payouts on insurance claims arising from European storm damage in 1990. KPH has already warned that the forecast £132.5m losses expected for the 1990 account could be "subject to material change".
At the Spratt & White underwriting agency company managers are attempting to draw up a detailed report on the affairs of syndicate 475 following the suicide of the former underwriter Roy Bromley, found dead from a gun-shot wound last month.
Losses have climbed from £14m to £54m and underwriters and brokers expect them to be higher.
The syndicate suffered from larger-than-expected losses from Hurricane Hugo in 1989 and early 1990 European storm damage.
Meanwhile, an action group of underwriting members who form syndicate 418, which is fighting for financial restitution in the wake of nearly £200m worth of losses, has replaced its lawyers, Richard Butler, with More Fisher Brown.
14 Feb 93
Sunday Times : Lloyd's insiders ‘failed' to warn names
THE implication of a single letter must be causing David Rowland and Peter Middleton, Lloyd's of London chairman and chief executive respectively, more sleepless nights than any other issue as they tackle the intractable problems of the insurance market.
They now know that for 11 years many agents did not follow advice from the then deputy chairman and inform names about asbestosis claims which might have stopped many of the 19,000 new names from joining the market and encouraged others to leave. Instead many of these names now face ruin.
Neville Russell and other panel auditors wrote the letter on February 26, 1982, during the passing of the new Lloyd's Act which granted the market self-regulatory powers and immunity from prosecution. In it, Lloyd's Council received a bleak warning that many syndicates faced unquantifiable losses "arising from asbestosis and related diseases ... there have been ... 13,000 individual claimants. Total exposure... appears to be considerably in excess of this figure . . . most syndicates are not very certain of their reinsurance recoveries ... most syndicates will incur losses on their own writings of reinsurance business. Very little of this has been advised so far."
Murray Lawrence, then deputy chairman, wrote to agents on March 18, 1982 and, inter alia, advised them "... where the reserve for asbestosis represents a material proportion of the total reserves of the syndicate, agents should consider whether or not to leave the account open".
The letter continued: "It is the agent's responsibility to ensure that the reserves provided for asbestosis are sufficient to meet the syndicate's liabilities … Managing and members' agents are strongly advised to inform their names of their involvement with asbestosis claims and the manner in which their syndicates' current and potential liabilities have been covered."
It is unlikely agents realised the extent of the real dangers. But without action by agents to satisfy the auditors, affected syndicates simply could not be given a clean bill of health. Agents faced a simple choice. Should they expand into the problem and find new names in the hope of absorbing the losses, or be frank and risk undermining the market?
Many agents chose the former and hoped for the best. They added 19,000 new names to the existing 20,145 in 1982. Old names were encouraged to write more business and join the syndicates. At the same time the volume of business and the risk borne by affected names, who have unlimited liability, rocketed by 250%.
Agents presumably hoped all would be well. They must have convinced themselves it was in the interest of everyone to be economical with the truth. If they blew the whistle, the accounts of these syndicates in the 1982 year could not be closed; all but the deaf would leave the blighted syndicates.
Worse still , several agencies were being fattened for public flotation, so potential profits from such deals would have melted. With open years draining away to the millennium, existing names and insiders would face ruin. So what agents saw as promoting "the good of the market" fortuitously coincided with the self-interest of the professionals.
The fig leaf they offered to satisfy the panel auditors, apparently, was that some syndicates took out "unlimited syndicate stop-loss policies," in which one syndicate reinsures the "tail" of another. This is a kind of insurance ‘‘daisy chain'' otherwise known as whole-account reinsurance, and its value is cosmetic. Risks go round in a circle but liabilities stay firmly with names.
Little warning was given by the members' agents during the 1980s to the 19,000 new recruits. Nor was a waning given to the new names at their obligatory meeting prior to joining the syndicate with a senior Lloyd's representative, whose job is to point out the risks of the insurance market.
So as syndicate years were closed and the problem built up, managing agencies were floated on the stock market, new names were recruited and money was coined for the agencies for another 11 glorious years.
Agents appear to have gambled that the asbestosis losses would not be as large as they had been warned and that profitable business would soak them up over the years; they lost both bets. Claims ate pouring in. With the bill for natural disasters reaching £4 billion, even the most optimistic agree there is little chance of profits this side of 1996.
The panel auditors' letter now forms the foundation of various actions being brought by names who joined since 1982 and face ruin. They claim agents did not tell them about it so they were recruited on a false prospectus. If they had been warned they say they would not have joined in the first place.
Those who joined before 1982 claim that if they had been shown the letter they certainly would not have increased their underwriting. These names are not only drained of cash in the short term by the losses of the "spiral", but also face never-ending losses from these open years "down to their last waistcoat button". Who knew what and when will become clearer in court hearings.
14 Feb 93
Sunday Times : Nightmare on Lime Street
TOM BENYON, former Tory MP, former business and former chairman of Lloyd's Society of Names, may not be everyone's cup of tea, but he has become something of a hero to the thousands of names who have been forced to the edge of ruin by huge losses.
From the ashes of the legal battles of the past few years, Benyon has rescued what he reckons is a vital document: a letter from Neville Russell, the firm of auditors, which suggests that Lloyd's agents knew more than it was letting on to its names about the potential disaster of huge asbestosis claims.
His point is that after this portentous warning, there should have been a large "Joining Lloyd's Can Damage Your Wealth" warning attached to every application form. Instead some 19,000 inspired to join the Lime Street insurance market, attracted by the easy, almost guaranteed pickings that had the rule for many years.
When that fateful letter arrived 1982, the situation at Lloyd's was very different from today. The Council of Lloyd's, then chaired by Sir Peter Green, knew thousands of Workers in Britain and America were dying long, agonising deaths from asbestosis. Two years earlier they had set up a working party to look into the problem of the lung disease, worried that Lloyd's might face big pay-outs. But nobody at this stage could have predicted the huge damages awarded by the American courts which have so far cost Lloyd's £1 billion, with the prospect of more claims stretching into the next century.
When the letter arrived, Murray Lawrence, then deputy chairman, and later chairman, responded quickly by warning market professionals and their accountants to increase their reserves and study all the available information on asbestosis.
At the end of a letter to them he strongly advised managing and members' agents to inform their names of their exposure to the risks. Whether the agents actually warned names is the main matter now in dispute. Many of the 19,000 names who subsequently joined Lloyd's claim nobody ever mentioned the word "asbestosis".
A big and successful recruitment drive was launched, although Lloyd's denies suggestions that this was to dilute the cost of asbestosis claims. Eager new names, many of them newly rich, leapt aboard the illusory gravy train. Buster Mottram, the tennis player, Sir Peter de Ia Billiere, the Gulf war hero, and Princess Michael of Kent all joined Lloyd's in following years.
For a while the expected cheques continued to arrive. Then. came news of the losses and suddenly everybody wanted to know about asbestosis and how much information had been available on it when underwriters took on the risks.
In 1989 John Donner, a members' agent whose names were losing millions on asbestosis claims, complained to Lloyd's that some underwriters had been privy to valuable information on the disease which they had kept themselves. He suggested that underwriters "in the know" had quickly dumped their asbestosis exposure on other underwriters, notably Richard Outhwaite and Stephen Merrett.
Lloyd's investigated allegations but pronounced them groundless: "No evidence has been established that information was withheld from the market by the asbestos working party," said a statement in 1990. "On the contrary, the market was fully informed at the time of the existence of information which was available about these claims and was encouraged to make use of it."
The suspicions have persisted. Last year, names took Outhwaite's agencies to court for negligence and succeeded in negotiating an out-of-court settlement for £116m compensation.
During the trial Outhwaite said he had not seen the results of the Lloyd's asbestos working party when he took on the risks.
14 Feb 93
Sunday Times : Lloyd's names take fresh hope from 1982 letter
Some of the 19.000 people who became names at Lloyd's since 1982 are taking fresh hope from a letter that clearly shows Lloyd's was warned about the wave of asbestosis claims about to hit it.
In the letter, dated February 1982, a group of auditors including Arthur Young and Ernst & Whinney, warned that the potential exposure to asbestosis claims, which already totalled 13,000 by that stage, was being seriously under-estimated.
Tom Benyon, former chairman of the Society of Names, which represents more than 5,000 names who are showing large losses, claims Lloyd's agents failed to pass on the warning. He sees it as an important plank m the dozens of legal cases names are bringing against Lloyd's or their agents.
Another leading critic of the Lloyd's executive, Christopher Stockwell, chairman of the Lloyd's Names Association Working Party, said: "What happened in 1982 was a disgraceful cover-up. Information known to Lloyd's was withheld from the external names."
But Lloyd's insists Benyon is simply raking up old allegations which it has already disproved. David Rowland, the new chairman, said: "This is not a revelation. An investigation by outsiders found there was no substance to these claims."
Lloyd's points out that Murray Lawrence, deputy chairman in 1982, wrote to all underwriting agents, instructing them to warn their names about the big asbestosis claims. It has produced copies of the relevant letters. However, many names who joined after 1982 complain that asbestosis was never mentioned to them.
John Rew , who succeeded Benyon as chairman of the Society of Names last year, said he, too, believed recruiting agents had not warned new or existing names of the dangers. Peter Middleton, newly appointed chief executive, said he was not worried about the letter. "Sir David Walker who conducted a special investigation of Lloyd's for the council and other independent figures didn't find any substance to it," he said. "Second, I don't believe a conspiracy is possible at Lloyd's because I haven't met any people who can keep their mouth shut."
Bob Hughes , director of regulatory services at Lloyd's said: "A huge amount of information on asbestos was available to all underwriters and they were invited to visit the asbestos-working-party office. It is wrong to suggest Lloyd's failed to do all that it could."
One prominent member of the council in 1982. who did not wish to be named, said: "Of course names were suckered into joining Lloyd's, but they were suckered through snobbery and greed, not because they weren't told about asbestos."
However, in 1990 Lloyd's announced that Walker's inquiry had found no truth in allegations that some underwriter's had access to privileged information and used this to dump their asbestos liabilities on other underwriters. "No evidence has been established that information was withheld from the market by the asbestos working party," said a press release at the time. Significantly, however, there was no Comment in the release about the amount of information made available to outside names.
This is now the crucial issue and although Middleton is cautiously optimistic that some cases can be settled out of court, many names are placing their faith in this letter.
14 Feb 93
Sunday Times : Lloyd's luck
Lloyd's insists it did pass on the warning, from a panel of auditors in 1982, that asbestosis claims were going to be far greater than had been anticipated. Indeed there is a letter from the previous chairman, Mr. Murray Lawrence, passing the information down the line.
But how far did the warnings go? Since then, some 19,000 unfortunates have been recruited as names and it is difficult to imagine many of them willingly putting everything at risk with that warning in front of them. Indeed, I have the letter Lloyd's received in front of me as I write and would run a mile from joining Lloyd's if I had seen it.
On page 21 Tom Benyon,. admittedly a man with an axe to grind, sets out his own personal view of the letter and the behaviour of Lloyd's
Benyon, like most who have lost money (which is just about everybody in this past decade), would cheerfully hang the lot of them at Lloyd's, but he has a point. Asbestosis did not come as the bolt out of the blue we were led to believe.
There were solemn warnings that this problem was going to be huge and all-encompassing (the letter says that the losses were being apportioned on an industry basis, so that if one carrier went bust, the loss would be spread over the others - which is what happened) yet new names were busily recruited.
Given what has emerged, those names can hardly be blamed for thinking they were brought in just to help shoulder the burden.
21 Feb 93
Sunday Telegraph : Lloyd's £1bn call
A SWEEPING plan to compel Lloyd's of London's 270 insurance underwriting Syndicates to pay between £500 million and £1 billion into a central market-owned body, CentreWrite, is being considered by the Lloyd's market board. This would be accompanied by an equally large loan to Lloyd's or a membership levy of a similar amount and would clear the way for radical restructuring.
The proposal is designed to ensure the market would have enough money to meet its 1990 losses and be able to attract new individual and corporate members without deterring them with the legacy of past disasters. It would require all syndicates to reinsure their 1990 results and place all their reserves with CentreWrite, which would receive no premium.
Senior underwriting agents have been canvassed already about the proposal, which some in Lime Street see as the way to clear the decks before turning Lloyd's into a public company. It is one of several ideas presented to the market board, which is due to submit a business plan to Lloyd's chairman David Rowland and chief executive Peter Middleton in April.
That happens to coincide with the expiry of many of the writs served against Names who have been unwilling or unable to meet their syndicate losses.
A global settlement of disputed calls is also seen as crucial, but it still hinges on agreement by so-far unwilling reinsurers of agencies' errors and omissions policies to underwrite it.
LIONCOVER, set up by Lloyd's to pool the scandal-ridden Peter Cameron-Webb syndicates' outstanding business, is having trouble with its own reinsurance claims. Lioncover showed a £40 million shortfall for 1991 and resistance by reinsurers is delaying its accounts for 1992.
Meanwhile, members of Syndicate 745, whose former underwriter, David King, is suing for wrongful dismissal, face a 50 per cent 1990 cash call in April and the final result could be several times worse. The Outhwaite agency's Syndicate 317 could show a loss of more than 30 percent for 1990.
24 Feb 93
Independent : Lloyd's names asked to find £43m
MANAGERS of the troubled Lloyd's insurance syndicate 745 have asked 1,750 underwriting members to provide £43m from their own resources to help meet steadily rising insurance claims.
The syndicate is facing losses of more than £132m for the 1990 underwriting account, caused mainly by a flood of claims from the European storms of 1990.
Laurence Cheetham, a director of the KPH Underwriting Agencies company that manages the affairs of the syndicate, has told other agents who introduced members to the syndicate: "We must warn you that there will be a deterioration." Underwriting members will be asked to pay £22m in April as a first instalment and the balance in July.
Because of the mounting losses on the 1990 underwriting account KPH has decided to leave the books open so that liabilities can be more accurately assessed.
The agency's managers are carrying out an extensive review of the background to the losses, and a detailed explanation and full details of the cash call are to be sent to underwriting members later this week.
There is widespread speculation within Lloyd's about the eventual size of the losses for the 1990 underwriting account. Andrew Elliott, an underwriter working closely on sorting out the problems of the syndicate, admitted yesterday that some speculation at Lloyd's had suggested that the eventual loss could be as high as 1,000 per cent of the syndicate's financial capacity.
If that happened, it would mean a loss of more than £430m for the syndicate.
Mr. Cheetham has told other agents: "There is likely to be a further cash call in the early part of 1994 and you and your names [the underwriting members] will be advised of the estimated amount that will be required in the report and accounts."
An action group has already been formed among the under-writing members to protect their interests and gain financial help.
Edward Benfield , a professional insurance broker who is a member of the syndicate, has urged Lloyd's to reopen the syndicate's 1989 account, which showed a loss of £22.3m, and hold a fresh audit.
25 Feb 93
Independent : Lloyd's set to probe losses suffered by two syndicates
LLOYD'S of London is poised to appoint internal inquiry teams to examine how losses of nearly £200m have fallen on two of the market's insurance syndicates, writes John Moore.
Both teams will include an accountant aid two market professionals. They will examine the affairs of syndicates 475 and 745.
The affairs of syndicate 475, formed of 1,750 underwriting members, were once managed by Roy Bromley, who committed suicide last month after losses rose from £14m to £54m.
The other syndicate, 745, managed by KPH Underwriting Agencies, is also formed of 1,750 underwriting members. Its managers are seeking £43m from members to help to meet £132.5m of losses that have fallen on it.
A Lloyd's inquiry team led by Kieran Poynter, of the accountants Price Waterhouse, has concluded that Gooda Walker syndicate 299 ran up £39.9m worth of losses because of five "catastrophe" claims, including those arising from the Piper Alpha oil rig disaster. The inquiry team found that there was no evidence that the syndicate had an improper relationship with Walsham Brothers, one of the most successful firms of small insurance brokers at Lloyd's, which it used.
6 Mar 93
Daily Telegraph : Shaw strides centre stage
7 Mar 93
Australian Sun-Herald : Grilling for Lloyd's chief over huge insurance losses
AUSTRALIAN member' of giant international insurer Lloyd's of London are planning a hot reception for chief executive Peter Middleton when he arrives in Sydney this week.
Local "names" - the term for members of Lloyds who provide the capital to underwrite insurance risks - will meet the newly-appointed Mr. Middleton on Tuesday.
Lloyd's names , of whom Australia boasts more than 500 out of a total 20,000 world-wide, have incurred massive losses recently, leaving trail of bankruptcies, court actions and even suicides.
Already local names have prepared a list of explosive questions seeking information on a host of issues ranging from Lloyd's solvency to alleged concealment of losses, the extent of massive asbestosis claims, claims of malpractice and the real extent of losses in the US from Hurricane Andrew.
During the late 1980s, Lloyd's was rocked by massive losses - the first in more than 20 years - after a spate of natural disasters, including Hurricane Andrew, severe storms in the UK and Europe and the loss of the Piper Alpha oil production platform in the North Sea.
Lloyd's was also hit by claims worth more than $150 billion from victims of asbestosis world-wide.
Amid the crisis surrounding Lloyd's, chairman David Coleridge resigned last July and chief executive Alan Lord retired two months later.
Senior Lloyd's broker, David Rowland, was appointed chairman soon after and Mr. Middleton became chief executive.
The insurer's underwriting capacity has now fallen by 40 per cent to $18 billion and many names regard Mr. Middleton's visit - officially to discuss Lloyd's direction for the 1990s - as a recruitment drive to attract new capital and placate angry members
Local names are keen to quiz Mr. Middleton, a former travel business executive with no experience in the insurance industry.
After leaving school, Mr. Middleton spent five years training to be a monk. He then studied philosophy at the Sorbonne in Paris for a year and then three years studying for a BA in social studies.
Before joining Lloyd's, Mr. Middleton was group chief executive of the Thomas Cook Travel group and was head of banking operations at the Midland Bank for two years. Early in his career he spent 16 years in Britain's diplomatic service.
Lloyd's, which reports three years in arrears, is forecast to incur a $1 billion loss for 1991 after suffering losses of $A4.6 million in 1989 and $A3.3 billion in 1990.
"We have been through some very bad years," Mr. Middleton said recently.
After operating for 305 years, the worlds biggest insurance market next month will produce its first business plan Mr. Middleton said
"The business plan will be radical," he said. "Names will begin to benefit from the restructuring over the next few years."
Lloyd's - which has a reputation for insuring anything - acts as a marketplace where brokers, acting for clients, negotiate with syndicate underwriters who decide whether or not to accept part of a risk offered to them and then the premium to be paid.
"Against the background of substantial losses in recent years, our members want to see profitability restored," Mr. Middleton said.
But local names are expected to subject Mr. Middleton to severe examination.
Information provided to local names alleges "concealment of the huge amount of known asbestosis claims in 1982 in order to dump the ‘reinsurance' on other members and to give time for insiders to escape their liabilities.
Even now much of the losses being called fur asbestosis and pollution will not be payable for several years the information alleged.
A spokesman for Mr. Middleton in London said the chief executive was unavailable for comment.
7 Mar 93
Australian Sun-Herald : Lloyd's may be facing $5bn loss
HUNDREDS of investors in Lloyds of London may face crippling losses following another apparently disastrous year for the insurance industry.
The losses for 1990, due to be reported in June, are expected to be the worst in Lloyd's 306-year history.
A leaked report suggests the loss will be higher than the $5 billion announced for 1989.
The Lloyds crisis is thought to be so deep that some City commentators believe a bail out may be necessary.
It would be aimed a saving investors - or "names" - from bankruptcy, and rescuing Lloyds itself as the world's premier insurance market.
In the past three years Lloyd's and its 20,000 members have suffered losses worth more than $10 billion.
But a spokesman describing the news as speculation, said Lloyd had resources of $40.9 billion, there was no question policies would not be honoured, and name should he able to meet commitments.
17 Mar 93
Asbestos producer USG Corporation, the parent holding company of United States Gypsum Company, filed a pre-packaged plan of Reorganisation under USCA Chapter 11.
0 Apr 93
The Chairman of Lloyd's, David Rowland, forwards the document entitled " Planning for profit: a Business Plan for Lloyd's of London" to Members.
5 Apr 93
Times : Global warming sends cold shivers through insurers - Violent weather could destroy the reinsurance market and leave the public uninsured against natural catastrophes
World weather patterns are changing dramatically, triggering a string of natural disasters and forcing the insurance industry to take harsh remedial action t6 stave off a crippling flood of losses. The recent storms that ripped through America, leaving more than 100 dead and wreaking havoc from Cuba to Quebec, are unlikely to cost as much as earlier hurricanes. But they have worried insurers.
Later this week, Sun Alliance, one of Britain's strongest composite insurers, is expected to reveal, in its figures for 1992, losses from Hurricane Andrew, which swept through the Bahamas, southern Florida and the Gulf of Mexico before blowing itself out in Louisiana. It resulted in the biggest claim the insurance industry has ever faced.
Several rivals have already announced losses from the hurricane, which has cost more than $17 billion - a figure that is still rising. Last month, General Accident, for example, disclosed worse that expected losses of £65 million.
One Lloyd's underwriter said: "We are living in a much more dangerous climate. There is no doubt that global warming is taking place, causing much stronger and much more frequent hurricanes."
This view is shared by Jeremy Leggett, a scientific director at Greenpeace, who said: "A globally warmer atmosphere is expected to herald stronger and more frequent windstorms, storm surges, rising seas, floods, droughts, increased subsidence following soil shrinkage on clay substrates, and many more unpleasant impacts."
Signs of climate change are evident. Over the past 20 years, the average snowfall over the northern hemisphere has fallen 8 per cent and lake temperatures in Canada have increased 2 degrees Celsius. Mountain glaciers are in retreat, the Arctic ice-cap is declining, California is in its seventh successive year of drought, southeast England is in its' fifth and southern Africa is in the grip of the worst drought in living memory, Dr. Leggett noted in recent research.
The costs to insurers from wind-storms and other natural catastrophes have run into tens of billions of dollars, and the bulk of disasters have been in the past six years. In January 1987, Siberian winds howled across Europe, submerging Georgia in floods, followed in October by severe windstorms in the UK, which cost British insurers £2 billion, of which £430 million was reinsurance cover.
Between 1966 and 1987, there were no catastrophes that caused losses in excess of $1 billion. Of the 15 catastrophes that have cost more than $1 billion each since 1987, ten were windstorms, which accounted for more than 85 per cent of the combined total loss of $53 billion.
These losses have sent cold shivers through the insurance industry, leading to a massive pricing reaction. George Lloyd-Roberts, a leading Lloyd's underwriter, said premiums have been hiked up to reflect the crippling losses suffered in recent years while academic evidence is triggering further upward shifts. "However, we don't yet know whether this is a short term blip in weather patterns or is of a longer-term nature," he added.
While academics like Dr. Leggett argue that the changes are permanent, others point to evidence from the past 100 years, which shows two or three similar blips in European weather patterns. However, whatever the nature of the changes, the increased occurrence of catastrophes has forced reinsurers to leave the market in their droves.
The latest fall out from the market is NW Re, a three-way joint venture between Norwich Union, Winterthur, of Sweden, and Chiyoda, of Japan, which has been a big market player. NW was driven out because of the huge losses it made as a result of Cyclone Iniiki, which cost the world-wide insurance industry more than $1. 4 billion and Hurricane Andrew. NW's move
follows the departure of a string of other insurers, including English & American and the reinsurance arms of Cigna, of the US, and Yasuda, of Japan. As a result, the amount of catastrophe reinsurance available in the London market, which probably provides about 50 per cent of the world-wide catastrophe cover, has shrunk from an estimated $100 billion five years ago to its present level of between $35 billion and $50 billion.
This sharp contraction is making itself felt. Insurers are unable to lay their hands on as much reinsurance as they want and, as a result, many companies are being left with inadequate catastrophe cover. Five years ago, companies could pick up cover for $500 million of losses. Now, they are lucky if they can get cover for more than $100 million.
There is worse news elsewhere. Some regions around the world are not able to lay their hands on any reinsurance at all. Earlier this year, a lament was heard from the Caribbean that international reinsurers were shying away from the area with the hurricane-prone region north of Trinidad and Tobago suffering the worst. The problem has surfaced because local insurers are failing to demand high enough premiums from the insured, and, as a result, they cannot afford to buy the reinsurance, the price of which has gone through the roof.
High-risk areas , such as Hawaii, Florida and the Caribbean, are thought to be suffering the most. In the Caribbean, it now costs an insurer between 50 per cent and 60 per cent of its insurance premiums to buy catastrophe cover. One underwriter said he knew of one northeast American company that was having to shell out 37 per cent of its total premiums for catastrophe cover; five years ago, the figure was about 8 per cent.
The increased premiums were necessary to "bribe the reinsurer to do business", Mr. Lloyd-Roberts said. In 1987, there were about five reinsurers covering a risk, this fell to three to four the next year, to two in 1990, one in 1991 and in 1992 "that one would be decidedly wobbly", he added.
In order to entice the limited amount of reinsurance cover available, insurers are having to bear a bigger portion of the risk before the reinsurer's cover kicks in. That is, the level of deductibles are rocketing, resulting in the reinsurers bearing a lower amount of any losses. Because of this development, the London markets share in the losses from the recent US storms is expected to be negligible, despite estimates of total insurance losses ranging from £600 million to £3 billion.
The UK reinsurers are looking relaxed as they have covered only losses that exceed £3 billion. Five years ago, they would have been in a very different predicament, covering losses in excess of, say, $2 billion, with a resulting $1 billion hit. Furthermore, the amount covered has fallen. The reinsurers have provided cover for $8 billion of losses, after the $3 billion deductible, compared with the $16 billion layer they would have been likely to provide before 1987.
The marked contraction in reinsurance has also forced the insurers to look more closely at the risks they are underwriting. Countries such as the US are being broken down into zones of varying risk and reinsurers are picking and choosing where and how much they will cover. This is a marked change from the good old days when regions were more homogeneous.
Also, the days when insurers could subcontract the risk to reinsurers, enabling them to be ignorant of the facts, are gone. Insurers are beefing up their analysis because they are being forced to bear a bigger slice of any risk and because some believe the risk is on the rapid increase.
Dr. Leggett gives a warning, however, that this may not be enough. " Healthy economies are impossible without a healthy international insurance industry. It is becoming increasingly clear that a healthy insurance industry ‘will not be possible in a world in the grip of human-induced climate change." Changes in terms and premiums will only buy time for the insurance industry and unless action is taken to cut greenhouse-gas emissions, the insurers' prospects look bleak.
" Everybody is very nervous," Mr. Lloyd-Roberts said. "If there is a major catastrophe this year, I think the catastrophe market could collapse."
The threat of continued violent weather patterns is real and, as a result, there is a serious possibility of the reinsurance market collapsing. The effects would be far-reaching and the ultimate result would be the unacceptable situation of the public finding itself without any insurance cover against natural catastrophes.
16 Apr 93
The Chief Executive of Lloyd's, Peter Middleton, writes to a Member of Lloyd's and states inter alia
"I see the role of the Chairman and myself as executing the requirements necessary to ensure that Lloyd's has a profitable future. In doing this, we certainty cannot ignore the problems of the past and both of us have said this publicly".
16 Apr 93
Financial Times : Report raises new criticism of syndicates
MANAGERS of four loss-making Gooda Walker Syndicates artificially inflated their profits in the 1980s through the improper use of specialised reinsurance policies, a detailed report alleges.
A 200-page report prepared by GW Run Off, which is now handling the affairs of the syndicates. was passed to the Serious Fraud Office earlier this week, and has prompted fresh criticisms of regulation at Lloyd's.
Mr. Michael Deeny, chairman of the Gooda Walker Names Action Group, which is co-ordinating the Names' own legal action said: "It reveals an appalling state of affairs. It shows a total failure of regulation by Lloyd's."
One agency manager said the events showed that the system had failed Gooda Names completely. "We have to recognise that."
The report's findings have also been sent to the insurance market's investigation committee, whose examination of the syndicates has been underway for some months. The report could also be used as evidence in the legal action being taken by more than 2,000 Gooda Walker Names against their agents.
Members of the Gooda Walker syndicates are among the worst-hit of the insurance market's Names - the individuals who supply its capital. Their losses amount to more than £900m, with many individuals facing losses in excess of £1m.
The report focuses on the use by Gooda Walker syndicates of " time and distance" policies -reinsurance policies which allow Lloyd's syndicates to manage their reserves against long-tail claims which emerge many years after the inception of policies more effectively.
Such deals allow insurers to "discount" their reserves against future claims. Policyholders pay a reinsurance premium which is then invested by the reinsurer, with the proceeds - less a profit for the reinsurer - repaid at an agreed future date to meet claims.
Insurers are allowed to credit future benefits from such policies in the year in which they buy the policy. The report shows that between 1980 and 1988 the profits of four syndicates - numbers 164, 290, 295 and 298 - were increased by some £37m as a result. In some years in the early 1980s virtually all profits were generated from such policies. But few details of the policies were included in syndicate accounts.
During these same years the profitability of Gooda Walker syndicates attracted many Names to join, with each of the syndicates' capacity - or capital base - expanding significantly.
The report says that the reinsurers of some of the policies in turn reinsured their exposures with the same Gooda Walker syndicates.
The investigators were unable to find any evidence that the Gooda Walker syndicates had prepared formal cash-flow forecasts which would detail when they expect future claims to emerge. These are essential for the controlled use of "time and distance" policies.
Warnings from Lloyd's regulators that "there could be no question of [a Gooda Walker's syndicate] reinsuring its own risk back to another Gooda Walker syndicate" were apparently ignored, adds the report.
Investigators have identified three policies purchased from Pinnacle (the Bermuda-based company which provided reinsurance to the Gooda Walker syndicates), elements of which were reinsured to other Gooda Walker syndicates.
16 Apr 93
Times : Lloyd's syndicates' profits enhanced'
HUNDREDS of Lloyd's names were attracted to join the Gooda Walker syndicates because of profits that had been " significantly enhanced" by reinsurance policies according to the latest report from the affairs of the agency.
The 200-page report, which took more than a year to complete, was commissioned by GW Run-Off, the company appointed to manage the syndicates after the Gooda Walker group went into voluntary liquidation in October 1991. Written by Ken Randall, a former Lloyd's regulator, the report criticises the running of the syndicates by professional agents at Lloyd's to the detriment of names, many of whom are amateur investors.
The latest revelations come as a severe blow to the Corporation of Lloyd's as it prepares to unveil the business plan, which is aimed partly at ending costly litigation by names. More than 2,000 Gooda Walker names are suing 67 Lloyd's agencies for negligence in an attempt to recover losses totalling £925 million.
Michael Deeny, chairman of the Gooda Walker Action Group, said the report strengthened the names' cause. "It portrays an appalling state of affairs and reflects badly on various parties."
The report reveals that by using time and distance (T&D) policies, a type of reinsurance, three syndicates in particular 164, 290 and 295 - managed to report profit enhancements running into millions of pounds. The annual syndicate reports failed to disclose the extent to which the policies were used. As a result, names were unaware of the impact on profits.
One Lloyd's underwriter said " Names rushed to join the syndicates because of their profit performance. If you were one of those names, you would be angry to find that these profits were primarily the result of these reinsurance contracts.
The criticism levelled at the disclosure in the accounts places Littlejohn Frazer, the syndicates' auditor, in the spotlight. No specific Lloyd's rules required full disclosure of T&D policies in accounts.
T&D policies are a generally accepted reinsurance technique at Lloyd's. One insider estimates that there are policies worth hundreds of millions of pounds in the market. Lloyd's has regulations governing the use of T&D reinsurance and has recently reviewed them as a result of new guidelines for insurance companies from the Department of Trade and Industry.
A Lloyd's spokesman said: "We believe our existing rules are adequate. But we keep all our requirements under constant review." In the light of the report, the rules would probably be looked at again, he added.
However, the revelations cast serious doubt over the effectiveness of Lloyd's regulation of T&D policies. "Lloyd's have a lot to answer for," Mr. Deeny said.
Mr. Randall's report has been sent to the Serious Fraud Office.
The Gooda Walker agency has already been the subject of one enquiry last year and is
currently being investigated by the Corporation of Lloyd's.
16 Apr 93
Times : Report critical of Gooda Walker syndicates
A REPORT into the circumstances surrounding losses of £925 million suffered by names on the Gooda Walker syndicates at Lloyd's of London adds fuel to the legal action being pursued against members' and managing agents.
The Gooda Walker agency, which went into voluntary liquidation in October 1991, has already been the subject of one enquiry, completed last year, and is currently being. investigated by the Corporation of Lloyd's. The agency's affairs may be the subject of a further enquiry; this time by the Serious Fraud Office.
This week, the SF0 received a report written by Ken Randall, a chartered accountant and a former head of regulation at Lloyd's. The report was commissioned at the end of 1991 by GW Run-Off, the agency appointed to manage the syndicates' affairs after the Gooda Walker group went into liquidation.
The report delves into the back-ground of the syndicates' extensive use of time and distance (T&D) policies, a generally accepted financial reinsurance technique in the Lloyd's market. T&D policies involve paying premiums to reinsurance companies, often based offshore for tax purposes. Syndicates are then able to take as immediate' profit amounts equal to the premiums plus the rolled-up interest that accrues over the policies' lives.
According to the report, in the case of several Gooda Walker syndicates, T&D policies turned losses into profits or increased small profits. Three syndicates in particular - 164, 290 and 295 - used T&D policies extensively. As. a result, "virtually all of syndicate 164's profits for the 1980, 1983 and 1984 years of account resulted from the benefit taken from T&D policies", the report states.
For example, excluding the benefit of T&D policies, syndicate 290 would have reported a loss of £1.7 million for 1983. However, a £2.1 million benefit from the policies transformed that into a £400,000 profit.
Similarly, the report reveals that "all of syndicate 290's profits for the 1981, 1983, 1985 and l987 years of account" resulted from T&D contract. In 1985, such policies transformed a £4.3 million loss into a £3 million profit.
The result of T&D policies was double-edged. The syndicates suffered a premium outflow to purchase the policies , while their reserves - funds set aside to meet future claims - were depleted because the bolstered profits were distributed to names.
In addition, reporting higher profits meant commissions paid to managing and members' agents increased. An analysis by Mr. Randall reveals that in the case of syndicate 290, commissions paid between 1981 and 1988 were enhanced to the tune of £3.7 million by the policies. For syndicate 164,. the profit commissions paid over four years were enhanced by £119,295. However, for syndicate 295, there was a fall of £227,980 for the 1983 and 1986 years of account because of the policies.
The report says that because of the profits enhancement,, the Gooda Walker syndicates shot up the Association of Lloyd's Members league table of syndicate performance as a result, hundreds of Lloyd's names, who rely partly on the tables in making underwriting decisions, flocked to join the syndicates. In 1984, capacity at the Lloyd's market as a whole grew 16 per cent, while syndicate 164's nearly doubled and syndicate 290's increased by 66 per cent. The following year, the disparity was even greater.
The report also says that syndicates 164 and 290 were writing inter-syndicate reinsurance but the terms may not have been on an arm's length basis. Furthermore, the syndicates failed to make adequate cash-flow projections to test whether they would have sufficient cash to meet claims as these fell due for payment. As the report states, there is nothing improper about the use of T&D reinsurance, provided that there is full disclosure of the material transactions and that cash flow forecasts are prepared.
16 Apr 93
Financial Times : Auditors Seek to Limit Legal Actions
The largest eight UK accounting firms are planning to launch a campaign to protect themselves from increasing litigation against auditors.
They have hired consultants and are considering a range of options including legal reform to limit court damages which can be awarded against them.
They are likely to call for changes to Section 310 of the 1985 Companies Act, which forbids accountants from being able to contractually limit their liability.
Their concern follows a rise in the number and value of law suits brought particularly in the U.S. by investors and other users of audited accounts.
Many firms say litigation is rising to levels where it will either drive them into insolvency or force them to cease acting as auditors.
The campaign follows lobbying in the US by a pressure group of accounting groups.
The informal gathering last week of the heads of the "Big Eight" accounting firms received a report commissioned from a political lobbying group.
It is believed to have suggested that many lawyers, politicians, academics and accountants were sympathetic to reform.
Mr. Roy Chapman, senior partner of Arthur Andersen in London, is co-ordinating the Big Eight's campaign in the UK. The other firms are Coopers & Lybrand, KPMG Peat Marwick, Ernst & Young, Price Waterhouse. Touche Ross, Grant Thornton and BDO Binder Hamlyn.
The big eight accountancy firms:
|
Arthur Andersen & Co. |
Coopers & Lybrand |
|
KPMG Peat Marwick |
Ernst & Young |
|
Price Waterhouse |
Touche Ross |
|
Grant Thornton |
BDO Binder Hamlyn |
17 Apr 93
Financial Times : Record loss as Lloyd's plans altered structure
LLOYD'S of London hopes to soften the shock of another record loss totalling more than £2bn by announcing plans within the next few weeks for a radical restructuring of the insurance market's operations.
The Lloyd's " business plan," however, will not provide for an immediate settlement to the legal actions dogging the market.
Negotiations to settle out of court will continue, but Lloyd's appears to be resigned to a continuation of more than a dozen legal actions between Names - the individuals whose assets sup-port the market - and the agents who organise their affairs.
The market's governing council hopes its new business plan will re-establish confidence in the market by paving the way for a substantial injection of corporate capital as early as January 1994. It is understood that Lloyd's council has agreed in principle that corporate investors would be "ring-fenced" from the heavy potential losses that are emerging from liability business underwritten in the past.
The price for such "ring-fencing" would be a higher contribution by the new participants into Lloyd's central reserve, which meets claims when Names are unable to fulfil their obligations. Corporate Investors might also be asked to pay an entrance fee.
Senior members of the board now acknowledge that the losses in 1990 - the latest under the Lloyd's three-year accounting system - will total more than the £2.06bn in 1989.
Mr. David Rowland, chairman, and Mr. Peter Middleton, chief executive, want the business plan to be presented before June to a meeting of all the market's participants.
The market has suffered a sharp decline in its capital base in recent years, but with insurance rates rising and the prospect of profits returning, informal contacts are understood to have shown up a substantial interest among potential corporate investors.
The plan is also understood to include a reinsurance scheme allowing syndicates to reduce the uncertainty arising from old liability policies, from which claims are continuing to emerge.
17 Apr 93
Financial Times : Lloyd's insurance
Whatever the fine details of the business plan being prepared for the Lloyd's insurance market, it must not fail to attract fresh capital. A £2bn loss for the 1990 underwriting year would mean a serious erosion of capital. Lloyd's cannot be far from the point where it is simply not viable as a marketplace for big international risks. There is a good opportunity to attract corporate capital while insurance rates are hardening, but new entrants will need insulating from mistakes of the past, such as long-tall claims on pollution and asbestosis.
The idea of leaving underwriting years open right across the market seems to have been rightly dropped. That would have been unfair on profitable syndicates. A central fund to manage such long-tail risks would be a more equitable solution. What remains open is quite which risks should be covered - and exactly how it should be funded. New entrants might readily accept a levy, but only if they can expect a decent return on capital.
Tackling Lloyd's bloated cost base is thus an obvious place for the business plan to start. Central overheads are only part of the problem. The complex system of managing agents and members' agents entails too much duplication of effort. That leaves the sensitive question of pricing, especially the solvency requirements applied to different forms of capital. If that can be cracked too, Lloyd's would have at least a fighting chance.
17 Apr 93
Daily Telegraph : Here comes plan for Lloyd's, allowing for wise virgins and non-virgins
Now under new management, the old firm of Lloyd's of London is about to reveal its business plan. This is, I think, the first time that Lloyd's has made and published any plan of any sort, other than those for its vainglorious building, so I welcome it. The plan's shape is becoming apparent. It must start with the good news, which is that the insurance cycle has turned upwards, in Lloyd's favour. Competition has dropped out, premiums have risen, margins are healthy, and there is rewarding business to be done, if Lloyd's can find the capital to do it.
The trouble is that Lloyd's capital comes from its members and many of them have been knocked out or been scared out by a series of disastrous years, with the 1990 results (which look dreadful) still to come. The plan must foresee bringing in new capital, this time from corporate bodies -Lloyd's lawyers seem to have found a way round the obstacles. New investors are being lined up to take on new risks. What they cannot be expected to do is take over old risks. They will need to be certain that Lloyd's will not pass the hat round for the ‘open years' - the unquantified liabilities, cranked up by American lawyers, still lurking in accounts that Lloyd's cannot close.
Some way must be found to insulate these liabilities. I expect the business plan to propose that a new entity should take them over, together with the reserves already made to meet them. It would have to be done on an equitable footing, so that the wise virgins did not subsidise the foolish virgins, let alone .the non-virgins.
After a decade or two, Lloyd's would be able to see whether the reserves were still running ahead of the liabilities and, if not, could then decide what to do. It might even choose to tell the American legal system to pollute a lake by jumping into it. In New York last year, meeting someone who called himself an environmental lawyer, I was able to tell him that this was a contradiction in terms.
Stormy weather
Dealing with the open years would be the best start on tackling Lloyd's troubles; but only a start. It would still leave all those luckless Lloyd's syndicates which found that they had taken in each others' dirty washing.
If there is an instant remedy for them, I have yet to hear it. They will have to fight out their quarrels, with their agents, with the agents' insurers, with the reinsurers... Ultimately, what matters is how much of the loss can be recovered from cover placed outside the market and outside the country - from the chaps in the spiked helmets, as my Lloyd's friends so tactfully put it.
The short answer is: not enough. When the bills for 1990 start to go out, Lloyd's will be in for a stormy few months. Much is hoped of the new management but what it cannot do now is to conjure up money. The chairman of Lloyd's, like the Chancellor of the Exchequer, has no money of his own - it all belongs to the members. If he raises a loan to help Lloyd's, he sentences his members to pay interest for ever, like the Chancellor.
Banana conditioners
What Lloyd's new management can and surely will do is to concentrate on Lloyd's best asset, which ought to be its name. If Lloyd's were a franchising operation, like The Body Shop, and instead of insurance sold banana conditioners, its name would have been better protected. A whole lot of duds, sharps, second cousins, free riders and nodding donkeys would have lost their right to it by now, leaving it to the professionals who would take care of it.
Lloyd's has to set and enforce standards, not only of probity but also of competence, appropriate to the world's best-known name for insurance. Once it can do that, it could and should charge new Investors a franchising fee for the use of the name. Lloyd's could always find a use for the money.
27 Apr 93
Financial Times : Bermuda sunbathes as Lloyd's shivers. The Colony's reinsurers are gaining from London's turmoil.
‘ As the market has got more difficult we've seem more broker inquiries than we have ever seen before' - Doyle Stephens, OIL Insurance
For years, the tiny British colony of Bermuda has played a specialised role in world insurance, as the tax-haven home of more than 1,300 "captive insurers" insurance subsidiaries formed to insure the risks of their industrial and commercial parent companies.
Now, it is taking advantage of the turmoil at Lloyd's and in the London market to turn itself into a much more rounded reinsurance centre. Since the mid-1980s a new breed of independent companies, backed by European and US capital, have been formed in Bermuda to insure specialised commercial insurance and reinsurance risks.
Their growth has been impressive. Centre Re, the biggest of the companies, in which Switzerland's Zurich holds a majority stake, expects to have doubled its revenues to $1.5bn (£990m), when it reports its figures for 1990, its fourth full year of operation.
The revenues of three of the biggest companies amounted to more than $2bn in 1992, just less than a sixth of the estimated $13bn in gross premiums earned by Lloyd's in the same year.
And the profitability of each of the companies has produced a mood of optimism, which contrasts sharply with the gloom in the London market, where news of losses and closures has virtually become a daily occurrence in recent weeks.
In the past six months investors have raised or announced plans to raise more than $1.5bn for Bermudan-based companies.
ACE, one of two companies which specialises in insuring large - .mainly US - corporations against legal awards - recently announced an initial public offering in New York designed to generate more than $500m.
Centre Re has announced that it is to establish a New York-based subsidiary, again raising the capital through an initial public offering.
Two new companies, Mid Ocean and TOPS have been formed backed by a further $535m in new capital.
American International Group, one of the world's most profitable insurers, also has plans to launch new Bermudan subsidiaries later this year.
Many of these developments have initially brought comfort to the Lloyd's market. Bermudan companies provide important reinsurance capacity for London. Bermudan-based insurers frequently talk about their market "complementing" the London market.
Centre Re , for example, agreed at the end of last year to back a multi-million pound reinsurance schemes which will allow Lloyd s Names to obtain stop-loss, or personal, reinsurance. Centre Re also provides dozens of financial reinsurance policies - called "time and distance" policies - which allow Lloyd's syndicates to manage their reserves more flexibly.
Another new company, Underwriters Capital (Merrett), has been formed exclusively to provide reinsurance for the nine syndicates that the Merrett agency manages at Lloyd's, indirectly increasing their capital base.
However, in other respects developments on the island present a challenge to the leaders of Lloyd's and the entire London market.
Some business formerly underwritten in London has already been lost.
Mr. Brian O'Hara, president and chief executive of XL Insurance, which like ACE also insures US liability business, says, for example. it is now winning some contracts that in the past would have been placed in London.
Oil companies have set up TOPS Insurance in Bermuda to insure catastrophe risks for North Sea oil rigs, because they were unable to buy the cover in London.
The deal "has major implications for London," says Mr. Doyle Stephens, chief executive of OIL insurance, one of Bermuda's longest established mutual companies, which manages TOPS. "Maybe we were depending on Lloyd's too greatly. Brokers are now much more likely to visit Bermuda. "As the market has got more difficult we've seen more broker inquiries in the last year-and-a-half than we have ever seen before," says Mr. Stephens.
And once lost by London, business is unlikely to be won back quickly.
Centre Re underwrites contracts that stretch over a number of years and reimburses premiums if losses turn out to be lower than expected. Mr. Michael Palm, executive v ice-president of Centre Re, says a big aim of his company is to "introduce stability to insurance costs, taking out the year-to-year volatility".
Bermudan companies can build up tax-tree reserves and companies operate with much lower expenses than many of their competitors.
In particular the Bermuda companies are able to avoid the very high so-called "frictional'" costs, which are typical of a market - such as London - in which dozens of relatively small insurance and brokers combine to insure and reinsure large risks.
They tend to conduct a small number of high-value transactions, transferring huge blocks of risk on to their own books in exchange for multi-million dollar premiums .
Centre Re earned an average of $25m for each of its 175 transactions currently on its books.
"The common element in al our business is a lot of premium per transaction," says Mr. O'Hara.
The Bermudan companies employ more highly skilled professionals - such as actuaries - than their equivalents in London, which should allow them to improve their underwriting performance .
Nearly a third of Centre Re's 30 or so professional staff are actuaries, whom the group deploys as underwriters.
"We don't believe in the kind of subjective underwriting where you simply guess what the range of losses w ill be," says Mr. Palm. Because the Bermudan companies generally dominate their market sectors, they have been able to avoid the rate competition which has been suicidal for many companies and syndicates in London.
Mr. O Hara of XL says: " Liability insurers in the past have shot themselves in the knee or even higher."
More importantly, Bermudan companies are not exposed to the same old pollution and asbestosis liabilities, stretching back to policies underwritten in the 1940s and 1950s, that are bedevilling both the London market and insurers world-wide.
For investors attracted by the prospects of increasing reinsurance rates, but worried by the industry's legacies from the past, Bermuda looms as an attractive option.
Certainly Mr. David Saul, the Bermudan finance minister. is relishing the prospect of more insurance business, joking " Bad news for Lloyd's has been good news for us".
27 Apr 93
Agency Agreements (Amendment No. ?) Byelaw (No. 6 of 1993, 27 April 1993)
28 Apr 93
At a Society of Names Conference on 28 April 1993, R A G Jackson, Chairman of the London Market Asbestos Working Party, stated, inter alia, in a speech that some 50% of the American Legal Liability claims impacting Lloyd's arise under reinsurance contracts of American direct writers.
30 Apr 93
The Corporation of Lloyd's writes to a Member in relation to a request to provide copies of the Reports of the two Lloyd's Inquiries, chaired by Peter Millett QC and Nigel Holland FCA, and by Adrian Hamilton QC into Alexander Howden and states:-
Lloyd's has a general policy of not releasing enquiry reports. This policy was determined some time ago following consultation with the chairmen of several of the enquiries. It was the view of those undertaking the enquiries that the interests of the Society would be best served by a policy of confidentiality. Protected in this way those persons whose co-operation was sought by the enquiry were more likely to provide information and full and frank assistance. The policy also facilitates the production of an uninhibited report which can form a basis for further regulatory action"
30 Apr 93
Times : Names great and small welcome Lloyd's rescue plan
LLOYD'S names, the private Investors who provide the capital for the beleaguered insurance market, cautiously welcomed yesterday's action plan to revitalise the institution. However, some expressed concern that not enough had been done to help distressed names.
The list of Lloyd's names, which reads like an extract from Who's Who, includes members of the aristocracy, politicians, senior businessmen, show business personalities and sports people It includes the Duchess of Kent, Princess Michael of Kent, Sir Anthony Pillington, Sir Edward Heath MP and Sir Freddie Laker.
Dr. Mary Archer, who chairs the Lloyd's hardship committee, greeted the plan enthusiastically: "This is the right way forward to bring in fresh capital, unencumbered by the problems of the past." However, she acknowledged that some might feel dissatisfied. "I know some of the action groups will be disappointed that nothing more is being done for them but David Rowland cannot rub a magic lamp and simply. produce money." Dr. Archer remains confident about the future of Lloyd's: "Trading conditions are now good and I hope names will decide that the right course is to stay on and get the better returns which will be available to iron out their losses."
Virginia Wade , the tennis player, was also pleased by yesterday's events: "This will greatly enhance the market's prospects," she said. "After all, Lloyd's has to survive - it is too valuable an institution not to." Eddie Kulukundis, the theatrical impresario, who is married to Susan Hampshire, the actress and a fellow name, shared Ms Wade's enthusiasm. He said the plan "has tackled many of the problems and is a useful start which should begin to sort things out so that we can all make money in the future". Mr. Kulukundis sympathised with distressed names who are not helped by the plan, but added: "I don't see how they could have been helped." He hoped that a proportion of future Lloyd's profits would be set aside for them.
Mark Cox, the tennis player, who has lost hundreds of thousands of pounds, said: "A lot of people got into Lloyd's without being told what the risks were. If they had known, they would not have got involved. Lloyd's must look after the names who have lost the most money."
Litigation by distressed names, which is likely to continue, received support from Buster Mottram, another tennis player, who is believed to have lost as much as £300,000. Roger Seelig, the former corporate financier who is now a non-executive director of Norman Hay, the engineering group, said: "The question has to be asked, why much of this was not done earlier."
Most professional names were cautiously optimistic. Neil Shaw, chairman of the Association of Lloyd's Members, said the plan addressed all the issues worrying members and was "a ‘well thought out strategy".
Lord Strathalmond , chairman of Sturge Holdings, one of the largest Lloyd's agencies, said: "I am particularly pleased to see the moves to control capacity coming into the market"
Others had reservations. Tom Benyon, director of the Society of Names, said little had been given to names who had been pushed out of the lifeboat. "I am not confident that [they] will make it back to the shore," he said.
30 Apr 93
Daily Telegraph : Lloyd's trims sails to survive'
THERE is much that is sensible in the new business plan from Lloyd's of London, but Lloyd's has much to start being sensible about. The years in which the brokers, agents and working members grotesquely overpaid themselves, and the market practices which many maintain were tantamount to fraud have taken a terrible toll. The only comfort for the outside members, whose capital financed these adventures, is that the scale of the losses is such as to cause severe financial pain for the inside members too.
The question that the plan dare not ask is whether the losses which are still coming to light are such as to overwhelm the institution. Despite months of softening up for the worst, the estimates of losses of "well over" £2 billion in 1990 and £1 billion in 1991 are shocking. Many members, faced with the bill for their share of the £2~1 billion loss for 1989, have already sold their assets to meet those liabilities. They cannot do so again.
Those liabilities which the members cannot meet will fall on the central fund, which stood at £1.1 billion at the end of last year, and one-third of that sum is already earmarked. The business plan points out that the gross figures for losses include an element of double counting, as reinsurance claims may take years to work their way round the market (the notorious "LMX spiral") but the losses may yet turn out to be worse than the estimates. The risk that the whole enterprise might founder remains.
This is why the plan starts off by painting such a glowing picture of prospects, talking of a target rate of return on members' capital of 33pc. Considering that members do not have to invest the capital, but merely to risk it, this is a handsome reward if it can be achieved.
As the world's need for insurance becomes more desperate, it is not entirely fanciful. Lloyd's has unique advantages of flexibility, reputation and (potentially) low cost. Those joining a cleaned-up business as described in the plan should themselves clean up.
Much of the document is commonsense-costs and jobs must be cut, old practices modernised, professional standards introduced, and the balance of risk and reward tilted back from labour towards capital.
Key proposals
For a decade or more, Lloyd's, under the lash of outside criticism, has been worrying about its regulatory processes and taken the profitability and the structure of the business for granted. These changes are necessary for Lloyd's survival. On their own, though, they are not sufficient. If new capital is to be attracted in, its owners must be convinced that they are not at risk from the disasters of the past.
This is why the two key proposals in the plan are the attempt to draw a line under old year losses, and the admission of limited liability capital for the first time in Lloyd's 300-year history.
In theory, Lloyd's members are liable for everything they own, and this was supposed to be a great boost to policyholders' confidence that they would get paid. In practice, unlimited liability is a convenient fiction since creditors of individuals who go bust are in the same position as those of companies, and today the security of an insurance policy with any large, limited liability company is just as good as with Lloyd's.
Subject to safeguards for the capital adequacy of the new, limited liability members, the target of bringing them in for next year's account should be met. The proposal that such members will have to bid for the right to underwriting capacity is an imaginative one, and is a welcome first step along the road to making membership tradeable, like seats on the New York Stock Exchange.
The issue of sealing off past years' losses is another matter altogether, and remains the rock on which the ship may yet founder. The proposal to put all the pre-1985 liabilities into a single organisation, "ring-fenced" from the rest, is eminently sensible-in theory.
But even to get to phase 1, " laying the foundations for a solution" requires "objective testing of the adequacy of the reserves" against the liability of each syndicate. This will produce a hollow laugh from many members, who have been seeking just this information, while wondering if they are still solvent, for several years now.
Real damage
Besides, the pre-1986 liabilities are not where the worst problems lie, as the new loss projections show. The real damage done since then is in the courts, particularly in America, where imaginative lawyers are pressing claims beyond the nightmares of the writers of the original policies, and where experience is still worsening.
As if the American courts were not doing enough damage from outside, there is more legal damage being inflicted by the internal legal disputes over where the buck should stop. Members facing ruin because of their liabilities, who believe their agents have been negligent, are tempted to give the money to solicitors rather than pay up and die financially.
Beyond a pledge to give priority to the efforts to settle these disputes internally, the plan offers little incentive for the members to resist going to law.
This, then, is Lloyd's dilemma. It carries a huge weight of past liabilities, but can glimpse the sunlit uplands if it only had the strength to reach them. The standard commercial way of getting from here to there is by borrowing; this would still put a burden on future members, but it is one they could understand and would probably bear.
Unfortunately, for reasons which the plan does not explain, Lloyd's advisers reckoned that large-scale borrowing was "impractical and undesirable".
Yet Lloyd's has no hidden source of funds; it can only look to its members, present and potential, for its salvation. This plan is a fine start, but there are still storms ahead. Perhaps a new working party is needed, to spell out the value of Lloyd's to the nation, in case the nation is one day called upon to save it.
6 May 93
The Guardian : Fire and brimstone - Do rising sea levels trigger volcanic eruptions? As greenhouse gases threaten the Earth's ice caps, a new EC study looks to a fiery future for our planet
IMAGINE that the whole 4.6 billion year history of the Earth was compressed into the 12 hours following the striking of Big Ben at midnight on New Year's Eve On this timescale, the explosion of new life which characterised the Cambrian period would have occurred at 10.30 the following morning, just as you opened one bloodshot eye and tried to work out what day it was. At 11.50 am the dinosaurs would finally succumb to a major asteroid impact, the echoes of which would still seem to be reverberating around within your head at 19 seconds to midday when, as you retreat once again beneath the bedclothes with an aspirin, humankind and his immediate ancestors appear upon the scene.
Those last few seconds before lunch also correspond to the Quaternary period, two million exciting years during which the Earth experienced some of the most dynamic surface changes in its long history. Alternating cold and warm spells, probably related to changes in the Earth's orbit about the Sun, led to the ebb and flow of Ice sheets several miles thick over much of the planet's surface. As might be expected, such enormous variations in the volume of surface ice were accompanied by dramatic changes in sea level as water was locked into and released from the ice sheets.
The Quaternary period was also characterised by a dramatic, global increase in volcanic activity, with many more eruptions than during the preceding Pliocene and Miocene epochs. This apparent correlation between volcanic activity and glaciation has tantalised scientists for years, but a clear causative link has now been established.
Increasing concentrations of volcanically-derived gases in the atmosphere lead to a lowering of global temperatures. This is accomplished by the conversion, high in the stratosphere, of sulphur-rich gases to micrometre-sized droplets (aerosols) of sulphuric acid. These are now known to cool the Earth by back-scattering and absorbing solar radiation which would otherwise warm lower levels of the atmosphere and the surface.
During the past decade, eruptions at volcanoes such as El Chichon, Mexico, in 1982, have temporarily combated the effects of global warming by lowering temperatures by half a degree centigrade or so. More recently, the huge eruption of Pinatubo in the Philippines in 1991 has not only increased the depletion rate of atmospheric ozone and led to spectacular sunsets, but also caused a noticeable lowering of surface temperatures due to the world-wide dispersion of sulphur aerosols.
A number of scientists have proposed a similar link between erupting volcanoes and falling temperatures for the Quaternary period, suggesting that episodes of intense, explosive volcanism may have been responsible for the ice ages by means of sulphur-aerosol triggered stratospheric cooling.
There are, however, two problems associated with this hypothesis. Firstly, much evidence suggests that the alternating cycles of warm and cold climate which characterised the ice age have, ultimately, an astronomical cause, with changes in the shape and orientation of the Earth's orbit, combined with the "wobbling" of the planet's rotation axis, leading to predictable, cyclic variations in the level of solar radiation reaching the surface. Secondly, no unequivocal mechanism has been identified to explain why a rapid increase in global volcanic activity should coincide with the start of the ice age.
If glacial episodes in Earth history are largely controlled by orbital and planetary mechanics, the most likely role for accompanying volcanic activity lies in its ability to modify or modulate the global temperature curve during ice age conditions. There is no doubt now that large volcanic eruptions can influence the climate, but can the nature of the climate influence the level of volcanic activity? Could the increase in eruptions during the Quaternary be the result of drastic climatic changes rather than their cause?
There is increasing evidence that this is possible, and that it was accomplished by changes in ocean volumes and sea levels as the Ice sheets waxed and waned. To verify this relationship and determine its precise nature, the European Commission has committed 500,000 ecu (£392,500) from its Environment Research Programme to establish the effects of sea-level change over the last few hundred thousand years on the eruptive activity of island and coastal volcanoes.
Project Seavolc , a major Anglo-Italian research project, is co-ordinated by the Applied Volcanology Unit at Cheltenham and Gloucester College of Higher Education, and includes research teams from the Open University, University College London, and the West London Institute, together with Italian groups from the Universities of Milan and Calabria and the International Institute of Volcanology in Sicily.
The project will concentrate on island and coastal volcanoes because these are most likely to be affected by the 100m or more changes In sea level which accompanied the repeated advance and retreat of the ice sheets. The Mediterranean will form the main region of study. Here, volcanic ash layers in drill cores taken from the sea bed indicate that most large explosive eruptions over the last 200,000 years occurred when sea levels were either rising or falling, with little activity at times when sea levels were very high or very low.
Exactly how, then, can changes in the volume and depth of the oceans cause volcanoes to erupt? When optimal astronomical conditions lead to falling global temperatures, increasing amounts of water become locked up in growing continental ice sheets, causing the volume of the oceans to shrink and sea levels to fall dramatically. On a broad scale, decreasing ocean volume will reduce the weight of sea water covering the Earth's crust around the margins of the continents. This may allow magma (molten rock) to reach the surface, causing established volcanoes to erupt and leading to the growth of new volcanic centres, Where volcanoes are in contact with the oceans, the effects of falling sea levels are likely to be more dramatic and diverse. Removing the weight of water from the flanks of a volcano may trigger eruptions by reducing the pressures con-fining the magma at depth. Alternatively, explosive eruptions may result from the opening of new conduits by means of fault reactivation and earthquakes, or by the sudden decompression of a body of magma because of the seaward collapse of parts of the volcano.
The effect of dramatically increased explosive volcanism at a time when planetary cooling is already well established would be both rapid and profound. The hugely increased quantities of sulphuric acid aerosols pumped into the stratosphere would act as a "forcing" agent, accelerating the fall in global temperatures and initiating unstoppable progress towards full glaciation.
More volcanoes also seem to erupt explosively when sea-levels are rising. This takes place during the inter-glacials, relatively short, warm spells which punctuate the ice age, and during which much of the accumulated ice melts. Huge landslides may result from erosion of coastal volcanoes and volcanic islands, triggering eruptions such as that of Mount St Helens. Alternatively, the increasing weight of sea water bearing down on volcanoes may cause faults in the Earth's crust to open, allowing fresh magma to rise to the surface. Some of the most violent explosive eruptions on record, such as Krakatoa in Java (1883), resulted from magma coming in direct contact with water - and this becomes increasingly likely as sea levels rise.
The consequences of many such eruptions occurring just as the Earth is warming up again during an interglacial can be enormous, with the greatly increased levels of stratospheric dust and sulphur aerosols curing out much of the solar radiation which would otherwise reach the surface.
By causing the Earth to cool again, volcanic activity is thus able to shorten the relatively warm inter-glacials and to increase the length of an "ice age" as a whole by hindering the planet's attempts to warm up.
Researchers working on Project Seavolc will attempt to determine an accurate record of both eruptive activity and sea-level change, so that a clear relationship between the two can be established Mount Etna in eastern Sicily will constitute the primary site for investigation. Other test-case volcanoes are located in the Aeolian Islands to the north of Sicily, in the Aegean Sea, and in the Azores and Canary Islands.
In the light of current projections for rising sea levels over the next century, although not yet on the scale experienced during the Quaternary, the EC study is particularly timely. Should greenhouse gas emissions continue to rise, with the consequence that catastrophic melting of the Greenland and Antarctic ice caps becomes inevitable, then the study results are expected to forecast a fiery future for the planet.
13 May 93
Financial Times : 1,000 Lloyd's Names face £300,000 call
ABOUT 1,000 Names could eventually be asked to pay an average of up to £300,000 each because of far heavier-than-expected losses from the storms, explosions and oil spills that hit Lloyd's underwriters in the late 1980s.
Many of the Names - the individuals whose assets back the insurance market - already face financial ruin.
The Names were members of Rose Thomson Young syndicate 255, one of the leading underwriters of catastrophe reinsurance business in the late 1980s.
Even before yesterday's projections the syndicate was known to face some of the worst losses at the insurance market and was one of nine syndicates whose losses have been subjected to independent investigation by Lloyd's.
A report to be published this week on syndicate 255 concludes that there were "errors of judgment" and the lack of "a full appreciation of the market" in which it was operating. The report, prepared by Mr. Timothy Boatman, of accountants Coopers & Lybrand, says there was no malpractice.
Syndicate 255 closed at the end of 1991 and RTY appointed new managers last year. Following an extensive examination the new team reported yesterday that cumulative losses between 1988 and 1990 would be at least £145.7m, £60m worse than feared. These losses could eventually rise to a maximum of £362m. By contrast, the syndicate's capacity (capital base) amounted to £27.9m in 1988, £34.14m in 1989 and £13.06m in 1990.
Names, who have already been asked to pay more than £130m, will face an additional cash call of 62 per cent (£6,200 for each £10,000 traded) for 1989 and 136 per cent for 1990 in July. Further cash calls of 19 per cent for 1988, 66 per cent for 1989 and 12 per cent for 1990 will follow in January next year.
Names who have been unable to fund cash calls to date will be asked for more to cover exchange losses and interest charges (17 per cent for 1988 and 50 per cent for 1989). Mr. Vernon Ashford, RTY finance director, said: "We are not expecting the Names that do pay claims to subsidise those who do not."
Mr. Stephen Edwards, underwriter, said the syndicate had been forced to create additional reserves because some reinsurance policies had been exhausted or proved to be deficient.
In addition, claims from the European hurricane of 1987, three large petrochemical explosions and hurricane Hugo in 1989 had been heavier than expected.
Claims from the Exxon Valdez oil spill in 1989 could also be higher because Exxon is seeking to recover a further $700m (£446m) under policies reinsured at Lloyd's.
14 May 93
Financial Times : Names win right to take action against agents
LLOYD'S NAMES can take legal action against their agents even if they have not paid their insurance losses, a High Court judge ruled yesterday.
Mr. Justice Saville was ruling on a preliminary issue in proceedings brought by several thousand Names against their managing and members' agents at the insurance market.
The agents had contested that "pay now, sue later" clauses in the agreements signed with them by Names - the individuals whose assets support underwriting at Lloyd's - precluded those Names who were unable to meet their losses from pursuing legal action.
In a 10-page written judgment Mr. Justice Saville said that if the "pay now, sue later" clause were applied in these cases it would "deprive a Name with no funds of the only asset which could be utilised to pay the call, namely the value of his claim against his agent". Mr. Justice Saville also awarded immediate costs to the Names.
Names' leaders yesterday welcomed the decision. Mr. Michael Deeny, chairman of the Gooda Walker Action Group who is named in the action, said: "This is a very important victory in the fight to obtain compensation for Gooda Walker Names."
Mr. Colin Hook, chairman of the Feltrim Names Association, described the ruling as "a victory for common sense".
The agents may appeal, but the ruling clears the way for actions by several thousand Names to proceed. In the two biggest actions more than 2.000 Gooda Walker and Feltrim Names are arguing that negligence by their agents was responsible for insurance losses of more than £1bn.
The Feltrim Names have filed for a summary judgment in their action in a case set to be heard in court in the autumn.
Meanwhile, Mr. Hook said he hoped that the ruling "would act as a spur and an encouragement to those at Lloyd's trying to resolve the litigation". Mr. Deeny and Mr. Hook are expected to meet Mr. Peter Middleton, Lloyd's chief executive, on Monday to explore a possible out-of-court settlement of their actions.
Feltrim and Gooda Walker syndicates were active in the market for catastrophe reinsurance at Lloyd's in the late 1980s.
17 May 93
Financial Times : Lloyd's acts to ensure a fresh supply of capital
MR ROBERT Hiscox, deputy chairman of Lloyd's of London, waxes lyrical about the prospects of a new wave of investors at the insurance market. "The US investment banks are beating a path to my door," he says.
Lloyd's moved to revamp its capital structure last year. But the publication last month of a business plan outlining the basic terms on which new incorporated capital can participate, has unleashed frenetic activity among the market's 100 or so insurance agencies.
While Mr. Hiscox has been crossing the Atlantic with bewildering frequency, other agents and brokers are working on plans ranging from the incorporation of existing Names, to the establishment of ambitious new investment funds.
" People are running around on corporate capital all over the place," says Mr. Cliff Hampton, of Phoenix Securities, a specialist securities house which is also working on its own schemes.
Almost universally at Lloyd's, an influx of incorporated capital - which would have limited liability - is seen as essential for halting the decline in the market's capacity to compete in international commercial insurance and reinsurance markets. The market's traditional capital supply - individual Names trading on the basis of unlimited liability - is drying up in the wake of losses of some £6bn in the past five years. Capital supplied by Names is expected to fall to less than £8bn in 1994, compared with £1l.lbn in 1991.
Corporate capital could come from several sources :
Existing wealthy Names:
can now form companies - with limited liability. To do this though they would need assets of at least £1+m - compared with the £250,000 required by existing Names.
Existing less wealthy Names :
Members' agencies are also working on schemes which would allow Names to form groups trading on a limited liability basis.
Insurance companies :
Two Lloyd's agencies have set up "consortium" arrangements, in which the insurance company underwrites business alongside the Lloyd's syndicate. Japanese insurance companies are understood to be expressing tentative interest.
Venture capital :
A number of investment banks - mainly from the US - are looking to venture capitalists to back new funds, through private placements. These would trade at the Lloyd's of London market as corporate Names. They will be encouraged by the backing offered by private US investors - such as Texas-based financier Mr. Richard Rainwater and Vermont-based Mr. Jack Byrne - to a number of new Bermudan reinsurance companies over the past year.
Institutions :
A number of agents hope to establish funds, backed by institutional investors or directly by individuals who would buy shares in investment trusts sold on the retail market. "It would be the nearest thing to buying shares in Lloyd's," says Mr. Michael Wade, a broker who has teamed up with Sedgwick Group, the Lloyd's agency and broker, to examine the possibilities here. There are hopes that some of these new funds and new companies could be listed on the New York or London stock exchanges, making the investments more liquid and providing capital with an exit route.
US investment banks like JP Morgan and Salomon Brothers, and international insurance brokers like Marsh McLennan and Johnson & Higgins, are most active in exploring these new ventures.
The banks believe that sharply increased insurance rates create attractive opportunities for profit, while the brokers are keen to find new sources of capacity to allow them to place clients' business more easily.
Morgan and Marsh have already teamed up a number of new Bermuda-based ventures including one which will supply reinsurance exclusively to Lloyd's syndicates.
"We've taken a lot of interest in Lloyd's over the last six months," said Mr. David Jarvis of Salomon Brothers.
"We have not made a final conclusion but we are looking at a number of possibilities. The insurance market is going through a period of very considerable change and all these things are very interesting to us."
Matters should become clearer when Lloyd's publishes a rule-book in the summer, providing more details on legal and accounting arrangements, as well as on the regulatory and tax implications for incorporated Names. Lloyd's plans to control the amount of capital which comes into the market to avoid the growth of capacity, which led to disastrous rate competition in the late 1980s. This will possibly be achieved through a bidding system, although the rules as to how this will work have still to be spelled out.
Some agents fear that the new rules will be too late to allow any corporate Name to participate in 1994.
Lloyd's must surmount a number of obstacles if its plans are to be successful. It still has to convince the markets that billions of dollars of old liabilities from US asbestosis and pollution claims can be isolated in a new reinsurance company, whose formation is a centrepiece of the new business plan. Many investors will also want to see evidence that a settlement of the litigation dogging the market is on the horizon before they commit themselves.
Moreover, many agents and syndicates may still have ground to make up before they can meet the much tougher standards of professionalism and disclosure that corporate investors will demand.
" Attracting corporate capital is not like falling off a log," says one senior industry analyst in London. "The businesses at Lloyd's will have to develop presentations that have real arithmetic substance. It won't be enough simply to say we think we can make 50 per cent underwriting margins."
Mr. Hiscox admits it will be hard work. "There are a lot of horses out there and a lot of water to drink. But there is also a lot of barbed wire in between."
19 May 93
Daily Telegraph : Rail widow's record award overturned
A RECORD £440,000 damages award to the widow of a former worker at British Rail's Swindon works who died from asbestosis was cancelled by the Court of Appeal yesterday.
The court allowed an appeal by BR and ordered a fresh hearing of the compensation claim, launched by Mr. Percy Coombs, who worked for BR from 1955 to 1966, and taken over by his widow, Sally, after he died in July 1989 aged 50.
Mrs Coombs, 55, of Stratton St Margaret, Swindon, can keep the £330,000 she has received so far on the understanding that she will be liable to repay some if the new hearing awards her less.
The award, by High Court judge Mr. Justice Johnson at Bristol in 1991, was the highest ever in respect of an asbestos-related disease.
BR had admitted liability to pay damages but contested the amount awarded.
Three appeal judges held that Mr. Justice Johnson wrongly refused to allow BR time to amend its written defence so as to challenge more than £100,000 of the losses put forward by Mrs Coombs's lawyers in her statement of claim.
The disputed figures related partly to her husband's lost career prospects at Rover, where he later worked.
Lord Justice McCowan , sitting with Lords Justices Stuart-Smith and Kennedy, said yesterday it should have been obvious to the judge that he had done an injustice to BR because Mrs Coombs's case had been overstated.
6 Jun 93
Sunday Telegraph : New £85m Lloyd's hock
MORE bad news will reach several hundred of the hardest hit Lloyd's of London Names this weekend. Underwriter Richard Outhwaite is warning members of insurance Syndicate 317 already smarting from cumulative losses of £215 million, of a further £85 million of losses on the 1982 and 1990 underwriting years.
The extra £42 million loss on 1982 kept open to meet asbestosis and other reinsurance claims, represents a further 101 per cent of underwriting capacity for each Name. The 1990 loss represents 60 per cent of capacity for that year. These losses are not covered by last year's settlement between Outhwaite and some of his Names. In a parallel development, Outhwaite is one of the underwriters trying to find out what happened to reinsurance claims due to his syndicates handled by now-defunct Lloyd's broker Derek Bryant. The Serious Fraud Office is investigating Bryant, whose rump became part of Welsh group Culver Holdings.
Analysts estimate total claims now causing concern to Outhwaite and many others could exceed £8 million. Bryant also handled reinsurance contracts for the Oakley Vaughan agency, formerly run by the late Charles St George. Questions have been raised about payment of a large French reinsurance claim and other business between Oakley Vaughan and Bryant.
- Lloyd's will tomorrow call a special meeting for next month to enable dissident Names to air grievances. Consultant Claude Guerney wants Names to be compensated for the admission of corporate capital and for losses caused by "admitted misregulation". Lawyer Richard Astor wants Lloyd's liquidated. The Association of Lloyd's Members will oppose these demands.
Lloyd's faces overall losses of £2 8 billion for 1990 and £1 5 billion for 1991.
6 Jun 93
Sunday Times : Big names of industry burn their fingers at Lloyd's
SIMON KESWICK , who last month replaced Alan Clements as chairman of Trafalgar House, has emerged as one of the bigger losers at Lloyd' s of London. According to independent market analysts, Keswick, a director of Jardine Matheson and a non-executive director at Hanson, stands to lose up to £198,000 on the 1990 year of account, and £189,000 on 1991, a total of up to £387.000.
Other casualties include Sir Simon Hornby, chairman of WH Smith. Hornby was underwriting on a far smaller spread of syndicates than Keswick - 26 compared to 61 - but is still expected to lose up to £123,000 on 1990 and a further £19,500 on the following years, a total of up to £142,500
The list of Lloyd's losers includes many of the biggest names in industry. Analysts reckon Sir Patrick Sheehy, chairman of BAT Industries, the tobacco conglomerate, could be liable for losses up to £89,000 in 1990 and £37,500 in 1991, a total of up to £126,500.
All estimates are based on the assumption that names have an average exposure on each of their syndicates of £25,000.
Among other businessmen facing losses is Edmund Vestey, a director of Union International, which owns the Dewhurst butchers' shops. Analysts expect him to face losses of up to £48,000 in 1990 and £13,500 in 1991, bringing his total losses up to £61,500.
His cousin and fellow director at Union International, Lord Vestey, is set to escape with lighter losses. He was underwriting on only three syndicates, likely to produce total losses for 1990 and 1991 of up to £24,000.
Sir Christopher Benson , chairman of MEPC, one of Britain's largest property companies, and a director of the Royal Opera House, could face bills of up to £114,500. The bulk of the losses are expected to fall in 1990, with bills of £82,500 for that year. and £32,000 for the following year.
Sir Freddie Laker , chairman and managing director of Laker Airways (Bahamas) and the creator of the failed Skytrain, looks set to lose a similar amount - up to £80,200 for the 1990 and 1991 year of account combined.
Lord Rees chairman of the Lasmo Oil company, and chief secretary to the Treasury from 1983 to 1985 has been a name since 1971. He could face bills for 1990 and 1991 totalling up to £119,000.
One well known businessman avoided these losses with his customary acumen Lord Hanson, chairman of Hanson, the industrial conglomerate. resigned from the market in 1986, close to the peak of profits.
Rocco Forte , chairman of Forte, the hotels and leisure group, was shrewd enough to resign from Lloyd's at the end of 1989. This spared him any involvement in the record £2.8 billion losses of 1990 to be announced this month.
However, Forte still faces cash calls on open years - where claims continue to arrive years after the policies were issued. Cash calls could total £32,000 for syndicate 190, which left the 1989 year of account open.
These men are unlikely to have much difficulty in paying their losses. Many of them will also have taken out stop-loss insurance, which transfers liabilities above a certain limit to other syndicates.
6 Jun 93
Sunday Times : Lloyd's losses
THE ultimate irony of the Lloyd's of London story is that instead of maintaining an entire class in the style to which it was accustomed, it has threatened to wipe it out. The "blue hook", published once a year (three years behind. like everything in this crazy market), lists the MPs, judges, barristers, landed gentry and businessmen who have borne the brunt of the losses. There are not many nouveaus there. This is, or rather was, old money.
The process of identifying who has lost what is complex but interesting. The blue book lists the names on each syndicate, and although theoretically it is only available to other names and market professionals, in practice anybody can see it - I have a copy of both volumes on my desk. One can then identify which syndicate each member is on, and a firm called Chatset can provide a very good estimate of what those particular syndicates have lost. The figures assume average exposure to those particular syndicates, which may or may not be right, but provides a fair approximation.
There is no pleasure in looking at the lists of sufferers, but there are some interesting social lessons to he drawn. Most members seem to me to be mole or less inactive investors who inherited money and sought to do what their fathers or uncles had done: use it twice, once on the stock market, and again at Lloyd's, giving them that bit of extra income to pursue their private pleasures. Most of the MPs and judges certainly fall into this category. Some of the businessmen are more recent.
It is almost as interesting to see who has been a member and come out. Rocco Forte, for instance, is marked "Not Underwriting", indicating that he, wisely, pulled out before the big losses arrived. There arc plenty of Hansons on the list, but no Lord James Hanson - he never joined: nor did Jimmy Goldsmith. One of the more interesting names on the 1990 list is that of Robert Maxwell, who was a member of literally dozens of syndicates. I have not tried to compute his losses, but they must be vast. Who will pay them? One thing is for certain: dead or alive, Maxwell never would have. He would have led an enormous crusade, using the Daily Mirror and everything else to hand, against Lloyd's, which might have pushed that wretched institution over the brink. One of the few reasons for missing Maxwell is that he is not around to take on Lloyd's; what an epic struggle it would be.
I don't suppose anybody ever expected that Lloyd's, seen as the ultimate institution for making the rich richer, would prove a great social leveller, playing an active part in John Major's classless society. Yet that is exactly what it has proved to be.
14 Jun 93
Guardian : Pollution blamed as Zimbabwean elephants suffer fatal trunk droop
19 Jun 93
Independent : Failure of Deloitte talks raises spectre of ruin. Record professional negligence settlement with US government feared over savings and loan scandal
Deloitte & Touche , the US arm of the international accountancy firm Deloitte Ross Tomatsu, could be forced into a record-breaking professional negligence settlement following a collapse in >talks does pose serious questions about the firm's future, industry officials believe it is more a case of brinkmanship by both the RTC and Deloitte, which ranks as America's third-largest accounting firm.
The RTC is unlikely to drive Deloitte into bankruptcy, but it has shown considerable ruthlessness in past S&L liability cases, at one point freezing the assets of a big New York law firm, Kaye, Scholer, which eventually paid $40m to settle its malpractice charges.
The six big international accounting firms recently disclosed that defending themselves against professional liability claims cost them 12 per cent of their total 1992 revenues, a sharp increase over the 9 per cent they paid out the year before.
22 Jun 93
Simmonds & Simmonds - Legal Advisory Panel
The Legal Advisory Panel comprises Sir Michael Kerr (chairman), Stewart Boyd QC and Stephen Tomlinson QC. The Panel will give advice to Lloyd's on the strength of Names' claims against their member's and managing agents.
The Panel will advise on claims referred to it by Lloyd's. It is expected that the Panel will be asked to concentrate on the losses which have given rise to claims on agents' E&O policies for the 1989/1990 and 1990/1991 E&O policy years.
The Panel procedure is not intended to be an alternative form of litigation. The Panel will act on a basis which will be without prejudice to the legal rights of the parties and its report will not be binding on them or on Lloyd's. The Panel will not try the cases but will give advice which will assist Lloyd's in its attempt to promote an offer in settlement of Names' claims. The Panel is not a court and has no power to compel the co-operation of the parties to any dispute. It will take account of the need to complete its task in a limited time.
Simmons & Simmons will act as the Panel Secretariat and will be writing to the parties to the relevant claims with information about the panel procedure and terms of participation. The Panel is expected to report in autumn 1993. It will make its report on the basis of the documents and expert evidence made available to it by the parties. It is likely that claims will be presented to the Panel by the parties counsel or, failing that, by counsel appointed by the Panel.
The work of the Panel is designed to lead to an offer in settlement of Names' claims. There is, however, no guarantee that an offer will be :made or, if made, will be accepted by a sufficient number of Names to become effective. Until their claims are settled Names are, of course, entirely free to pursue their legal rights without reference to Lloyd's or the Panel and any Name who decides to await the outcome of this initiative before commencing or continuing proceedings should take legal advice to ensure that his rights are preserved.
22 Jun 93
General Meeting of Members of Lloyd's . Statement by David Rowland, Chairman – Turning prospects into reality
1990 results
In the business plan published at the end of April we forecast that 1990 losses would lie in the range of £2.5 to £2.8 billion. In fact they total £2.91 billion. At the time, I made clear to members my concern about the reliability of our current information. This result confirms my instincts and shows how necessary is a complete revision of our reporting systems and the discipline with which the market observes them. It is not acceptable by any standards of competent business management to report so late, following forecasts. of syndicate performance which have proved so inaccurate. Like many other matters in this Society, this will change. We are already working both to improve the standards of forecasting and to speed the timetable of reporting so that, as soon as possible, we may reach the standards of our best competitors.
Let me return to the result itself and provide you with some clarification. The losses made by the Society for the year 1990 amount to £2.91 billion. This follows losses of £2.1 billion in 1989 and of £510 million in 1988. I have already made clear to you in the Corporation's annual report my views of such a performance. It represents in every way the low point of Lloyd's history in the last 305 years.
The gross figure of £2.91 billion can be understood better if we divide it into its components. This year ‘double counting' has inflated the total by around £600 million. This double counting occurs when syndicates at Lloyd's provide cover and make reserve provisions for personal stop loss, errors and omissions and estate protection plan policies in those cases when the original loss-making business has been provided for also - either as a paid loss or by way of reserve - by other syndicates in the market. These reserves have been increased significantly in the past two years and can, therefore, have a material impact on the size of the overall loss attributable to members. For the results reported this year, the ‘double count' component identified is of the order of £600 million.
Whilst at this level of global performance we can estimate the consequences of double counting, at this stage we cannot allow all of the benefit to be shown in individual members' accounts, unless and until the disputes with agents and the consequent errors and omissions (E&O) problems and other similar matters are finally settled. These are amongst the many reasons why we attach so much importance to the task of resolving these issues.
The need to reserve more for earlier liabilities accounts for £1.1 billion. This figure is much larger than in previous years because it contains a substantial additional figure for London market excess of loss (LMX) losses in addition to that for long-tail liabilities. At present, old year reserves are part of the general pool of reserves for outstanding claims held by syndicates and the investment income generated is not attributed separately. When NewCo is established at the end of 1995 this will be one of its advantages. We shall be able to quantify and manage the reserve pool in order to produce the best possible result for members.
This meeting is concerned with the examination of the Corporation's report and accounts sent to you at the end of April. Two particular notes need to be drawn to your attention. First, the note in the accounts about the Central Fund, repeated and amplified in the Global results statement which you will receive in the next few days. As our losses increase, so too do the demands on the Central Fund to meet the shortfall where members are unable to meet their commitments. On all our present forecasts we can meet the strain this year caused by the losses I have reported to you. We must insist, however, that where members have the resources to pay their debts that they do so.
We must at all times preserve our chain of security, so we will enforce payment from those who can pay. For those who cannot, then understanding and assistance to come to sensible arrangements through our Hardship Committee will continue. We will separate those who ‘can't pay' from those who ‘won't pay'.
Maximum help
The strain which these losses will place on the membership is obvious. We outlined in the business plan our ideas for providing the maximum help to members within the proper framework of our regulations. We have been able to implement those ideas so that the credit for solvency and the maximum possible cash credit of up to five per cent of premium income limit are available. The cash credit depends on each managing agent's assessment of syndicates and resources. The manner in which both these measures affect individual Names' affairs will be communicated to them as soon as possible by members' agents.
Stop loss claims payments reached many members far too slowly in respect of the 1989 account. Many members did not appreciate that their policies entitled them to payment only after receipt of the relevant Inland Revenue form (LL9). This delay was compounded by administrative inefficiencies so that many payments were not paid until well into 1993. This year we have been working with the full co-operation of the market and have agreed a programme whereby 90 per cent payment of loss will be made ahead of policy conditions in August and September in order to ease the strain on members' finances as far as we are able.
In one area we have been frustrated. Last year, David Coleridge outlined to you the creation of a Support Fund drawn from contributions from those either within the Society or closely allied to it in order to have the resource to provide help beyond the rules set out by the Hardship Committee in cases of real need. The Council was further encouraged in that initiative by a resolution proposed at the Extraordinary General Meeting (EGM) last summer.
Since that time we have been engaged in lengthy exchanges with the Charity Commissioners in order to constitute the fund in such a way as to meet their conditions. There are two reasons why this is important: first, many firms have made it clear, following legal advice, that they would only contribute to a recognised charity; and second, tax recoveries are only possible for the benefit of the fund with that status.
Following many exchanges apparently leading us close to agreement, we heard last week that the Commissioners had finally turned down our application. We understand that their principal reservation is that the rules may not constitute a trust in the legal sense for the relief of poverty. We need to consider the consequences of this decision and consider the best means now open to us to achieve our original objective.
The second note in our accounts to which I draw your attention is the note on Lioncover. This company, set up to undertake the discharge of the liabilities under the PCW settlement, required a further input of funds of £43 million in 1991 and £51 million for 1992 now being reported to you in a note in the Global statement.
A pure year loss of £1.3 billion is bad enough but at least the performance of our current underwriters deserves to be seen not confused either by double counting or by earlier years. The study published by UBS Limited last month analysing Lloyd's performance argues persuasively that it is no worse than that by the London market insurance companies writing similar accounts. Of 115 syndicates in profit in 1990, 90 are still operating today. Whilst that may be of some considerable comfort for the future results, I have already made clear my own views and I repeat them: this overall level of performance is unacceptable and must never be repeated.
Some achievements
Much has happened and needed to happen to make this no hollow boast. Let me remind you of just what has been achieved in recent months. We have introduced the new system of governance. Market and Regulatory Boards have been formed and new appointments made, regulation both at board and staff level being separated from the market functions of the Corporation. As far as it is possible under the Lloyd's Act, Brian Garraway, Chairman of the Regulatory Board, is seeking to simulate external regulation for the Society. Committees have been swept away, direct accountability has been introduced, expenses have been reduced and staff numbers cut. We produced a business plan.
The process was important; market and regulators each fulfilling their proper function but working hard for a common goal - the benefit of members. Reactions throughout the world have been good. Serious commentators in the press, amongst brokers and amongst our clients, perceive Lloyd's ‘getting its act together'. Powerful voices throughout the insurance world have given their support to our plan and, above all, have endorsed the need for Lloyd's at the heart of a thriving market in London for the benefit of the world-wide insurance industry.
The authorities to whom we answer are continually helpful to us. We work closely with the Bank of England, the Department of Trade and Industry and the Inland Revenue. Our relationships with them are excellent.
We were pleased to see the relevant clauses in the Finance Bill pass through the committee stage last week, giving force to the Chancellor's statements in the budget speech about members' reserves.
Potential new capital managers have besieged us with their interest. And let us be clear about the likely composition of this new capital in its incorporated form. Some of our discussion has centred around capital coming from individual sources packaged into corporate groupings. Therefore, some part of our capital is likely to come from similar individuals who might have subscribed in the past but packaged in a different fashion; some may come from new sources altogether.
The interest has been very encouraging; it has come from firms of quality. Now, we have but a short time in which to turn these prospects into reality. Our reserves are better than many of our competitors. The market, our market, has been changing dramatically and I have no doubt of the exciting prospects which lie ahead.
Despite these encouraging signs, that part of our capital base unable to trade forward has expressed doubts about the plan and its relevance.
It would be extraordinary if it were otherwise. A section of our capital base has been so severely damaged that visions of future competence and prosperity are of interest only if there is a direct relationship to their own suffering. For many, the prospect of continuing in membership to offset past losses against future profits is impossible. Their only interest is to claim from the future recompense for past suffering and, if it is not to be forthcoming, then to question the right of the Society to trade forward for the benefit of others.
I want to address this issue today and to face openly the consequences of the alternative strategies that have been discussed in recent weeks. But before I do, I want to clarify the attitude and intentions of the Chief Executive, Peter Middleton, and myself - our attitude totally supported and endorsed by your Council and its supporting boards.
In taking responsibility for the leadership of the Society, I stated from the outset three things. First, that I represented all Names; second, that I was accountable to you, the membership, for the responsibility I had accepted; and third, I was determined to lead a profitable business. An essential part of that attitude has been a commitment to be open at all times to the ideas and attitudes of all the membership. Peter Middleton and I have met, either individually or in groups, thousands of members across the world. We both have been committed to meeting or speaking to any who wish to do so. We have received thousands of letters, we reply to all of them - sometimes not as swiftly as we would like because of their volume. Frequently, I telephone the most angry letter-writers to make direct contact with them.
I do not believe now that there is any aspect of our recent history or of the concerns of the membership of which we have not heard. Of course there are different personal stories which have not been passed to us, but we know what you think about the conduct of your affairs over the last fifteen years. We know the wide range of attitudes and ideas which you have for our future.
Time for action
Many are loud in their criticism. Many, many others, the substantial majority I believe, wish us to treat fairly with the past but above all to rebuild the Society for the future.
So far this year Peter Middleton and I have received around three thousand letters, the substantial majority containing messages of support and encouragement.
We have listened - but now is the time to take action.
To that majority the diversion of another Extraordinary General Meeting to be held on July 5th is, I believe, both irritating and perceived as a diversion of effort and energy desperately needed in so many areas of the Society. Until our last Council meeting when we passed a new byelaw, one hundred members could petition for an EGM, and if it was received, the Council had no option other than to summon a meeting within the defined notice period. Knowing that such a meeting was likely to be called, we made every effort to see that it was held today to avoid unnecessary inconvenience and disruption to our business. Unfortunately we were not successful. Despite our efforts, the requisition was not received until too late. As you will have seen from press reports, we have now passed a new byelaw requiring 1500 signatures in future. In no way do I wish to constrain proper debate, but let us be sure that a reasonable proportion of members do want an EGM to be held.
We have also announced that we will hold a postal ballot on the resolutions submitted to the EGM. I wish that the first two resolutions posed clearer choices for the membership but I hope the brief explanatory notes which will be sent with the ballot papers after the meeting itself will help you. These papers will include those prepared by the sponsors of the resolutions.
The first resolution attempts the impossible by seeking to rewrite the provisions of the Lloyd's Act 1982 regarding our duties to members and our immunity from suit. Let me not mince words: I and my colleagues are fully aware of our responsibilities to members - as well as to policyholders and the employees of the Society. Regarding immunity, the provisions of the Act implemented the recommendations of the Fisher Working Party that those governing Lloyd's should be able to act freely in the interests of the membership as a whole without being inhibited by fear of legal proceedings. The Fisher Committee views were endorsed by Sir Patrick Neill QC who reviewed the workings of regulation at Lloyd's on behalf of Government. Other self-regulatory bodies receive similar immunity.
If ever there was a time for the Council to be able to act fearlessly in the interests of the Society it is now.
As for the second resolution dealing with corporate capital, I believe it to be neither practical nor timely. We are well aware of the need to reconcile the legitimate interests of members with the need to introduce corporate capital. There are many difficult issues and time is of the essence. I am concerned that the procedures suggested by the second resolution are unworkable and would delay us and seriously impair our ability to act in the best interests of the Society.
The third resolution is necessary only to set out what I hope everyone can agree. I agree with its terms.
I agree that it is in the best interests of the members of the Society that Lloyd's should continue to trade; and that the business plan represents the most feasible means of securing the future of the Society;
I agree that the new management of Lloyd's should be allowed the opportunity to implement the business plan and, in so doing must ensure utmost good faith in the existing members of the Society; and
I agree that the introduction of corporate capital has a critical role to play in ensuring the Society's future and emergence from the difficulties of the present and recent past; and that the Council of Lloyd's should ensure that the membership terms offered to corporate capital are as favourable as possible to existing Names.
This is the position anyway.
In time, there will be other matters which I am sure we will wish to change and which may cause us to wish to seek to amend the current Lloyd's Act. These are priorities much lower than those we face in setting our business to rights. We are not constrained in what we now seek to do by the workings of the Act
You will remember that as part of our constitutional changes recommended by Sir Jeremy Morse's committee and adopted by the Council last year, we are committed to reducing Council's numbers to 16 by January 1st 1995 - 6 working, 4 external and 6 nominated members. Council has already been reduced in size from 28 to 20 in 1993.
To achieve the reduction to 16 members by 1 January 1995 Council has decided that there should not be an election of either working or external members to the Council this year. Next year, after rotational retirements, there will be elections for 3 working and 1 external member and this will enable the Council to comprise 16 members by 1 January 1995.
Framework for a settlement
Let me state my own views again. We are answerable to you for our conduct. The past fifteen years contains a catalogue of events which have caused real suffering to many of our members and, together with others less severely financially affected, they question much about the Society's leadership, governance and business methods. I want to see that proper recompense is made to any who have been wronged by their agents or others in the market place. But I must stress time and again that whatever the perceived grievance, the financial resources available are limited and always involve the transfer of benefit within the Society. Even the resolution of the E&O disputes largely involves the benefit of the claimant group of Names at the expense of those other members underwriting the policies. There is no other money or asset which does not belong to the membership. Let me repeat, it is all your money. Recompense, if it is justifiable in terms of the use of any limited central resources, must be seen in that context.
We have already clarified to you our proposals for a framework for settlement of the legal disputes between members and their agents. Discussions are under way to try to reach agreement on how the panels chaired by Sir Michael Kerr and Sir Jeremy Morse will proceed. The first meeting of the financial panel will take place today. There is still far to go, but most members appear to agree that the initiatives are sensible and must be given every chance of success.
I am fully committed to this; I want the maximum benefit to be put in the hands of those who deserve recompense as quickly as possible. The prospect of years of costly litigation in the search for some pot of gold seems to me to have virtue for but a few, compared to the prospect of as swift a settlement as possible in the interests of the maximum number of people. This would give personal benefit and benefit, in the broadest sense, to the whole Society thereby freed from those disputes and from the ‘double counting' which I referred to at the beginning of my statement.
I must emphasise that our initiative involves a process separate from and outside the litigation. Where litigation has commenced, action groups pursue claims only on behalf of Names who are parties to litigation and have funded it. Should our initiative fail, then unless you are a litigating Name you will not benefit from any successful efforts of the relevant action group. Whereas at present we envisage that any settlement reached under our initiative will embrace all Names on a syndicate, whether litigating or not. In recommending any offers to be made the financial panel will, of course, take into account all relevant factors - including membership of an action group, although this will be only one of the matters to be considered. Our members fall into three broad categories:
large majority who wish to trade forward both to offset their losses and because they can see the prospect of a healthy business and good profits ahead;
resigned and wish to leave the Society but have yet to achieve this because of their involvement with open years; and
losses have caused such suffering and who believe that they are entitled to recompense and have no interest in the fortunes of the Society other than as a means of attracting some greater recovery to offset their losses.
It is understandable that reactions to our plan differ from each category. I would be naive if I did not realise that the good of the whole Society is scarcely the strongest motivation of those who have suffered most although the expressions of encouragement for what we are attempting even amongst those most damaged has been extraordinarily heartening.
However, I know that the only prospect of benefit to any section of our membership comes from the real prospect of a healthy and profitable future. Even the central contribution towards settlement of disputes is only possible if there are central resources. These can only be reinforced by contributions from our existing membership. So even those most hurt must see the sense of our forward plans.
New capital
Most, I believe, accept that we have excellent prospects. Everyone agrees that for an ongoing business new capital will be needed. Everyone, I believe, also agrees that it is extremely unlikely that sufficient capital will be forthcoming in our traditional form. Admitting incorporated capital must be the answer. But here lies the core of the dilemma. In admitting this new form of capital how much can they and should they pay for the privilege? The plan outlined a basis. Views have been expressed that this sold the present membership short. We have a business with a famous brand name, surely more benefit could be obtained from new capital which could either go towards the central resources of the Society, or to those who suffered past losses?
I have no intention of selling participation in the Society at a foolish price. I want new capital to join traditional capital on a basis that the whole Society considers fair. But let me be clear, there is no possibility whatsoever of attracting new capital on anything other than the sort of terms we have already outlined in the business plan. They just won't join us if the price is too high. Whilst they see good returns ahead from a properly run business they also see clearly the present state of the Society and the problems it faces. We have as our advisers the best brains available and they are clear in their advice. If we want new capital we have to compete for it with other attractive investments which do not carry with them the same track record. It is dangerous rubbish to portray any other possibility.
Of course these changes raise important issues on which members should focus. A consequence of our plans for new capital will be a need to review the present voting rights of members. Indeed it is somewhat curious that we have not done so already as we still have a system of one member one vote, unrelated to the scale of the member's participation in the Society.
With the removal of the upper limit for underwriting and the introduction of new forms of capital, we need to review this, keeping in mind the interests of the whole membership. The Council has yet to consider this issue but I intend recommending to them that we set up a small working group representing all constituencies led by a distinguished expert on electoral systems.
No magic solution
Those that have difficulty in identifying with the future have commented: "If we face such major problems and we can't ‘sell' our business at a better price, why not put the lights out in Lime Street and walk away from the problem. So what if we are all individually liable, let American lawyers try and chase us - it simply won't be worth their while."
Let me try to explain just why that too is nonsense and why ceasing to trade would be a disaster of almost unimaginable proportions. We are governed by the Lloyd's Act; in it there are no provisions for cessation of trade. Winding up the Society would provide no magic solution, Names would remain liable come what may for all insurance contracts underwritten by them, steps would be taken to freeze our assets and the cost of organising a ‘run off' of our liabilities would be enormous. No new income would be generated from new business and the Names concerned would be left to pay for administration and claims with every lawyer in the world, from the USA or elsewhere, chasing them. And who will pay for all this? The membership. No Hardship Committee - no rescue - nothing but tough commercial reality.
No, ladies and gentlemen, putting the lights out has for me only one certain end. It would mean greater suffering for the membership of this Society and consequences far beyond the membership. Tens of thousands of jobs lost; the end of London as the international insurance centre; and a further illustration to the world of the terminal decline of Britain as a great trading nation.
In no way is that in the interests of anyone I serve and I will neither seek to bring it about nor will I allow anything to stand in our way of rebuilding a prosperous Lloyd's.
I have made it clear to you that Peter Middleton and I have listened. We understand your views.
My task is to lead and now is the time for action - and fast. We are well advanced in implementing the business plan. Whenever possible, we shall continue to listen, but I shall see that our first priority is the action necessary to create sustainable profit for our members. If we are diverted and delayed then the danger is obvious. The value of this Society will be damaged further and a point could be reached where that damage goes beyond a possibility of repair. We have not reached that point but the dangers are obvious.
You, our members, provide our capital. Our customers provide our business and the market contains the skills, the energy, enterprise and yes, many people with high standards, to serve both to their profit and satisfaction.
We have learnt hard lessons. Let us get on with the job.
Now let me turn to the conduct of this meeting.
Today you have the right to question my colleagues and I on the Corporation report and accounts or for any other general matters. The Albert Hall meeting allowed many views to be expressed and quite lengthy statements to be made. Today, please limit any statements simply to preparing the ground for your questions. We shall end this meeting by 1.30 p.m.
There are formal resolutions to be put separately noting the text of the report and of the accounts. In practice I will be happy to take questions on the whole report and the accounts and then see the two resolutions proposed at the end of the meeting. Would those asking a question, please give their name before asking their question. Microphone points are clearly labelled in the Festival Hall.
23 Jun 93
Independent : The hard questions still unanswered at Lloyd's
The cultural divide between the investors who make up most of the loss-making Lloyd's names and the market professionals was at its most glaring yesterday. The professionals beat their breasts with cries that everyone and no one is to blame, particularly those now in charge (the people on the platform at the meeting), since they were not running the show when things first went wrong.
But names quite rightly wanted answers to basic questions like who was to blame, where to seek redress and what has been done to prevent similar disasters happening again.
They were given answers of a sort to the third question, based on the business plan and a regulatory overhaul, but once again they received short shrift on the others.
The names' case against the market has not been properly answered on several levels. Fraud may well have taken place, an issue for the Serious Fraud Office which is looking into Gooda Walker. There was individual incompetence among the professionals, which is a matter for the Lloyd's authorities, who have so far managed to make even the Securities and Investments Board look like tough guys.
There were examples of seriously bad judgement by underwriters, not a hanging offence in itself, but questionable if the people concerned are allowed straight back into the market. And there was regulatory inefficiency on a vast scale
Throughout the 1980s, despite a decade of warning signs, Lloyd's stuck to its non-interventionist approach. An unforgivable result of this laissez faire was that there was no attempt to police firms in a way already becoming standard in the banking and securities markets, weighting types of business taken on by syndicates according to risk.
Indeed, there is no sign of this emerging even now, despite promises a year ago. It is extraordinary that a market dedicated to insuring against risk had not even thought seriously about risk management in its own businesses.
More than corruption and stupidity, which can happen anywhere, it is this history of regulatory incompetence that will dog Lloyd's efforts to revive the market. The only convincing solution is to take regulation away from Lloyd's altogether by bringing it within the Financial Services Act.
Until then, fine calculations about whether to reinvest in Lloyd's because the insurance cycle is turning are irrelevant. Intending names should keep out.
24 Jun 93
Times : Doubt cast on Lloyd's loss
TWO out of every five Lloyd's of London syndicates opted to leave their 1990 underwriting year open, casting doubt on the accuracy of the insurance market's calculation of a £2.91 billion loss for the 1990 account, unveiled on Tuesday.
Of the market's 388 syndicates actively underwriting in 1990 a total of 157 left their 1990 year open, reflecting the underwriters' inability to quantify their syndicates' losses. In normal circumstances and under Lloyd's three-year accounting system a syndicate would reinsure, at a cost, its 1990 year of account into its 1993 year of account.
The number of years being left open has risen sharply in the past two years. Last year, 64 syndicates left their 1989 year of account open, almost double the year before. The reasons for leaving such a large proportion of the 1990 underwriting years open hinge on the market's uncertainty over the final level of claims. As a result, Tuesday's £2.91 billion loss is much more of a guess than in past years.
Many of the syndicates are leaving the year open because of a proposal in the Lloyd's business plan to strip out liabilities from 1985 and prior years and reinsure them into a new vehicle, NewCo. However, there is no way of knowing what NewCo will charge to take on these liabilities.
Another area of uncertainty is caused by the mass of legal actions by names. Many syndicates have provided stop loss cover to names and errors and omissions cover to agents and as a result are reserving for any potential claims.
In several cases there is no 1993 underwriting account into which the 1990 year could be reinsured or the 1993 account has too small a capacity to take the burden of the 1990 year.
28 Jun 93
Financial Times : Names seek change in Lloyd's survival plan
REBEL NAMES are pressing for radical changes to the Lloyd's business plan in an attempt to offer a solution to the legal actions overhanging the insurance market.
Mr. David Springbett, a founder of reinsurance broker PWS, has developed a series of amendments to the Lloyd's plan and is spearheading efforts to persuade Names to support his scheme. The plan, announced in April, involves cutting costs and agency fees and opening the Lloyd's insurance market to incorporated as well as individual Names.
The plan has been criticised for failing to help Names facing immense calls on their assets after recent losses on the market. Last week Lloyd's reported record losses of £2.9bn for the 1990 year.
" We've made it clear that in terms of detailed implementation our business plan is not sacrosanct," Mr. Peter Middleton, chief executive, said on Friday. However, he stressed that Lloyd's was competing for capital. It would not get any if it "priced itself out of the market".
The latest draft of the Springbett scheme says that its initiative, described as "constructive" by Lloyd's, is needed because loss-making Names "will fight longer and harder - and more effectively than Lloyd's currently appreciates - to prevent Lloyd's collecting more funds from them". However, proposals to charge all future investors a total of up to £500m a year for membership of Lloyd's are certain to be resisted by the market's council - its governing body.
The Springbett proposal is to transfer billions of pounds in the market's current assets and liabilities to a new insurance company which would be owned by Names the individuals whose assets support underwriting at Lloyd's - and operate from Bermuda, which has a liberal tax and regulatory regime.
The new company, known as Lysold, would handle payment of all claims on policies underwritten before 1991 and settle outstanding litigation with Names. Lloyd's would in effect start afresh next year, backed by corporate capital and existing Names who wish to continue underwriting at the market. Lloyd's would pay Lysold an annual royalty of between £250m and £500m, with the money helping to fund some of the market's heavy recent losses and paving the way for an out-of-court settlement of litigation between Names and their agents.
Lysold would declare an immediate 18-month moratorium on writs and drawdowns for those unable to pay, and Names would be asked to settle only 40 per cent of all present known losses. Names still unable to meet their obligations would be offered more generous arrangements from the market's hardship committee, which would be renamed a members' ways and means committee.
Lysold would also attempt to reduce liabilities by reassessing outstanding claims and the methods used to settle them, and would also itself become an investor in Lloyd's.
However Mr. Middleton said that many potential corporate investors already felt that the entry fee being demanded by Lloyd's - an annual fee initially set at 1.5 per cent of premium limit - was too onerous. "This sort of thing is decided by market forces," Mr. Middleton said.
Lloyd's could be more receptive to other elements of the plan, however, especially to proposed modifications of the business plan's proposals to "ring-fence" long-tail liabilities that emerge many years after the original policies were underwritten.
The Lloyd's business plan proposed creation of a company into which all liabilities on policies underwritten before 1986 would be transferred, but Mr. Middleton is not ruling out the possibility of that year being brought forward.
Work on the centralisation of all information on old policies , which is due to begin this week, would be an important first step in any event, Mr. Middleton said.
1 Jul 93
Daily Telegraph : Names told losses could have been cut
JUST over 2 p.c. of members suffered losses for the 1990 Lloyd's of London year of account of over £250,000 each. Almost one in five lost between £100,000 and £250,000, according to an independent analyst of Lloyd's figures.
More than three quarters of Names lost less than £100,000. Only 1 p.c. of Names made a profit. Lloyd's announced record losses of £2.91 billion for the l990 year last week but refused to say how the loss was spread among Names.
It is likely that members will not be called on to pay losses in full this year; they may be able to defer up to 40 p.c.
The real pain for Lloyd's Names lies in the accumulation of losses over several years. Between 1987 and 1990, which includes the profitable 1987 year, just over 15 p.c. of Names made a profit and 54 p.c. lost less than £100,000.
Just over one in five names lost between £100,000 and £250,000, 7 p.c. lost between £250,000 and £500,000. About 2.5 p.c. of members lost more than £500,000 and 74 members lost at least £1m.
John Rew , co-editor at independent Lloyd's publisher Chatset, said the figures heavily underestimated the size of losses but the spread of losses underlined the plight of the worst hit Names.
A spokesman for the Lime Street Names, who are among the worst hit said: "This confirms that a very small percentage of the membership is required to pay a vast proportion of the losses." Had more Names insured themselves against losses the picture would have been a lot less bleak.
SBJ Harrison Stuart , the personal stop-loss broker, said if the Names had had access to the stop-loss policies available now, no one would have lost more than £500,000 between 1987 and 1990 and 62 p.c. of members would have lost less than £100,000.
9 Jul 93
Hansard : House of Lords - Questions tabled
Lloyd's of London
Lord Peston
rose to ask Her Majesty's Government whether they consider that the current arrangements for the regulation of Lloyd's of London are satisfactory.
The noble Lord said: My Lords, since the Government have made no effort to initiate a debate in your Lordships' House on what has happened in recent years in Lloyd's, and what ought to happen in the future, I felt it was my duty to do so instead. I am aware that in doing so through the medium of an Unstarred question considerable limitations are placed on all of us but on me in particular because I can speak only this once. I must, therefore, apologise to the Minister that she will have to carry the full burden of dealing with any complications and technicalities that arise in the debate. I shall not be allowed to help out by coming back a second time. I shall refer to that later, but it does not mean that this is the only time I hope to debate the matter.
My purpose today is not to examine individual cases of which I have no direct knowledge but instead to consider regulation in general. Perhaps I ought to say at this point, because it appears to be a rather sensitive area, that I at least have no direct involvement with Lloyd's whatever; nor, so far as I know, has anyone with whom I am connected. That is my negative declaration of interest.
In considering regulation in general, it is my view that the system of self regulation under the Lloyd's Act 1982 has failed. It is also hard to believe that the proposed changes, following the reports of the task force and the Morse working party, do more than scratch the surface. Nothing essential has changed.
While it contains useful measures, I do not believe that the proposed business plan will work. There has been no suggestion that there will be a root and branch investigation and vetting of all names agencies, of all syndicates or of the behaviour of working members. In so far as there have been serious conflicts of interest - and there is no shortage of allegations on that - they seem to continue. It is hard to see how the new arrangements will prevent a recurrence in the future.
Therefore, above all, what we need from Lloyd's is a formal statement that the conflict of interest problem will be addressed and the highest priority given to exposing and removing such conflicts. By we I do not merely mean names I have pointed out that I am not one. Nor do I merely mean those directly connected with Lloyd's. When I say that we require a formal statement by "we" I mean all of us who are concerned with the probity of our financial institutions.
When your Lordships debated the Financial Services Act 1986, we on this side warned that the Lloyd's exemption under Section 42 would lead to disaster. Perhaps I may read to your Lordships the wording of that section of the Act because in my judgment that is precisely the cause of things going wrong. It states:
"The Society of Lloyd's and persons permitted by the Council of Lloyd's to act as underwriting agents at Lloyd's are exempted persons as respects investment business carried on in connection with or for the purpose of insurance business at Lloyd's."
That is precisely the mistake that underlies all the subsequent troubles. It is also of interest that that sentence fully recognises that what happens at Lloyd's is not simply to or even overwhelmingly insurance and reinsurance; it is an investment business.
As I said, we divided the House on that matter. Our warnings were rejected by the Government but I have to say, to my regret and the regret of my noble friends, we have been proved right. Therefore, what is required urgently is new legislation to remove the exemption of Lloyd's from the Financial Services Act and to give clear cut roles to the DTI, in regard to overseeing insurance and reinsurance, and to the Treasury on the investment side.
I should also be interested to know - I do not know whether noble Lords or the noble Baroness can help me - the weight that can be attached to the approval by the Governor of the Bank of England to the appointment of what are called "nominated members" to the council. Can we be told who those people are and what they do? More to the point, what have they done in the past and, in particular, more recently in the past few years?
It also seems to me that we need an answer to the question of what went wrong. I find it hard to believe that it was a matter of bad luck. Obviously, in any risk-taking business there is bad luck but I do not believe that that was the essence of what happened. It seems that much more of what we observe was due a great deal to poor judgment and professional incompetence. In addition, as we are all aware, there have been allegations of all manner of corrupt practices and fraud. Many of those involve legal proceedings and are, or have been, before the courts. Other noble Lords may refer in general to such matters in the debate. My concern is that we have heard little or nothing from the Government on that aspect of the matter despite, as I said, the public interest in maintaining the integrity of our financial institutions and the public image of the City of London.
I turn briefly to some specific problems and questions. There are the so-called " open years", from which the losses are still not determined. There are also more recent years involving large losses which are difficult to quantify or predict. I understand that much of the difficulty in all those cases has to do with decisions in the United States court. The consequence is that it makes it impossible for names to estimate the extent of their exposure or make any kind of rational decision for the future.
It is not altogether clear how Lloyd's themselves propose to deal with the problem of non-payment and whether existing reserves, including extra reserves, can cover the liability. I should guess - again, I look forward to hearing what noble Lords have to say - that all the openness and unfinished business will act as a deterrent to the entry of new names, including the entry of corporate capital, which is given a certain degree of emphasis in the business plan, assuming that it will be proceeded with. In other words, it seems to me, as someone completely from the outside, that what I understand is to be called " NewCo" could go bust. As someone who recognises the importance of our financial institutions, I feel that if that were to happen it would be little short of disastrous, not just for Lloyd's but for the City in general.
What I and, I am sure, other noble Lords would like to know is what the Government think about this situation and whether they have anything to propose. I ask the noble Baroness whether, purely for precautionary purposes, the Government's own experts have made an analysis of the scale of the problem and whether they have at least examined a worst case scenario.
In general, the remarks that I have just made relate to the burden carried by existing names. That is a topic which I am sure other noble Lords will address. The central question that I ask is: to the extent that the funds of those names are exhausted, how are the losses to be paid for?
I referred to the problem of litigation and, in particular, to the allegations of negligence. As I said, I do not feel able to discuss that issue in detail. However, there is an important and logical point to be made. If the powers that be admit that all is not right with Lloyd's and that they intend to make changes, they would appear to be adding support to those who are claiming negligence or worse. Moreover, it may be that one reason why the root and branch reforms for which I call appear not to be in prospect is the fear that recognition by Lloyd's of the need for stronger action will be prayed in aid by those who are suing.
In terms of Lloyd's proposed new detailed internal arrangements, I have not discussed the introduction of corporate membership. It does not seem to be a bad idea. However, I am doubtful about the future of unlimited liability. The market could work without that. Above all, there is a great need for more transparency in the future. Names need to be better informed of the nature of the risks that they run and of the position of the people with whom they are dealing. There needs to be a properly formulated procedure for dealing with conflicts of interest.
I have sought to explain that there is a public interest in what happened at Lloyd's and what may happen in the future. Damage has been done to the way in which the City of London is perceived, especially by foreigners Anyone who doubts that fact should read the overseas press. In my judgment the Government cannot sit idly by. I have called into question Lloyd's exemption and self-regulation. I reiterate that I do not believe that a new Lloyd's Act is required. The correct move is to add Lloyd's back into the Financial Services Act. In addition, the Treasury and the DTI need to play a bigger role; I hasten to add, which may disappoint some people, not as part of the social security system but as regulators or overseers of regulators.
There is a possible need for a new, fully independent investigation. As I understand it, the Morse working party did not do that. There may have been a full study done in-house. If so, I am unaware of it. Perhaps the noble Baroness is aware whether or not Lloyd's has done a full research study on what happened. I fail to see how a new business plan can have a proper basis unless there has been a full study on what went wrong by an independent person - by which I mean someone who has absolutely no connection with Lloyd's, past, present or future.
I have covered the points that I wished to raise. I look forward to the individual contributions to the debate and to the Minister's replies to my questions.
The Earl of Lindsey and Abingdon
My Lords, I am grateful to the noble Lord, Lord Peston, for initiating this short debate on the current regulation arrangements of Lloyd's of London. I am sure that all those present this afternoon listened with interest to the noble Lord and that we will all wish to comment on what he said. I must begin by declaring an interest in that not only am I a name at Lloyd's, but I was also a director of an underwriting agency until my retirement last year.
In the past I have defended the Committee and Council of Lloyd's in your Lordships' House in their endeavours to come to terms with the Lloyd's Act 1982 , which includes provisions for self-regulation within the market. For those noble Lords who were not present or around in 1982, the Private Bill had its Second Reading in your Lordships' House on April Fools' Day and came into effect in January 1983. Since that time the Council of Lloyd's has used everything in its power to try to improve the running of the Lloyd's insurance market by passing endless by-laws under the provisions of the Act. In fact, I thought that they were doing such a good job that when the Financial Services Act, to which the noble Lord referred, came along, I, together with many others, saw no reason to think that Lloyd's should be included within its regulatory powers like the rest of the City of London's financial institutions.
After all, the Lloyd's private Act had not had time to prove itself . However, since 1986 a lot of events have overwhelmed the international insurance market and especially Lloyd's, with its particular type of investor; namely, the unlimited liability member. Natural and manmade catastrophes followed one after the other through 1988, 1989 and 1990, all of which have recently been coming home to roost as insurance claims. On top of this, a small number of syndicates starting laying off risks among themselves. That went round in circles and which subsequently became known as the spiral. This greedy and irresponsible experiment by some underwriters has led to more than 4,000 unfortunate underwriting members of Lloyd's ending up in what can only be described as a financial slaughterhouse.
We must now ask the question: could some of this irresponsible underwriting have been avoided in the market if there had been an entirely independent regulatory body? Since all the bad news has come to light, the Council of Lloyd's has put together separate market and regulatory boards of its own. But the regulatory boards still have four out of 15 members who are working professionals from within the market. I do not query their honesty and integrity. But however good they may be, there is the question of the conflict of interest creeping into any dispute. The market board should be run in the main by the insurance professionals who work within the market; but serious consideration should be given to the setting up of an entirely independent regulatory board which might even require amending the existing Lloyd's Act 1982.
In conclusion, I believe that this approach would lead to a return of confidence within the market which will, in its turn, attract new capital, both individual and corporate, as proposed in the recently produced business plan, so that Lloyd's can continue into the future as a major invisible export earner and a leader in world-wide insurance.
The Earl of Harrowby
My Lords, very rarely do I take up your Lordships' time because I discovered long ago that there are always at least a dozen people in the Chamber who know very much more about a subject than I do. However, my self-restraint has let me down on this occasion and I hope that it does not let your Lordships down at the same time. I thank the noble Lord, Lord Peston, for raising this subject at this most opportune time. I agree with him that it is surprising that it has not been raised before. I agree with 95 per cent. of his comments and conclusions; but I shall come on to those in a moment.
I have not a negative interest to declare; I have a positive interest to declare in that I am a name at Lloyd's. I am fortunately not a major loser no more than you would expect in a recessionary period. I suffer my loss as I expect to do. It is not a major loss. I have a son who is in the medium category but not a substantial loser.
Lloyd's is privileged to have its own Act and it has abused that privilege. It has, in my experience, been inefficient throughout, negligent very largely, criminally negligent on occasions, and fraud has been perpetrated in a number of known cases.
In retrospect, they clearly ought not to have had their own Act; they ought to have been brought under the Financial Services Act which came in at a later date . I do not agree with the conclusion of the noble Lord, Lord Peston. I believe that moving to that now would upset the apple cart and it would be too dangerous. Remarks have been made about the business plan and its chances of success. It would damage any possible chances of success if we started trying to change the regulatory regime. That does not mean that I should not like to see one or two changes in the Act. My noble friend who has just spoken mentioned that. I believe that one or two changes are essential and it is probably now best that they are done internally, much as we all distrust the past leadership of Lloyd's.
The point has already been made that we are not sole traders, but investors. We have not been protected. Only now is the new regime acknowledging that state of affairs, by implication only, and no formal apology has been made. But I believe that their thoughts, ideas and interpretation of philosophy have now changed and acknowledge that the outside names are investors and not traders and that they are not being properly advised.
I have been asked time and time again why I do not resign. I am a businessman. All my working life I have been a banker and an industrialist, and I do not know very much about the detailed workings of Lloyd's. I certainly know nothing about underwriting. But I have been fighting Lloyd's ever since Sasse because I recognised at that point, many years ago, the troubles they were in, the malpractices which were involved and the lack of control at the top which is at the root of all their troubles.
Their inefficiency beggars belief . To start with, they invariably - and until recently I believe, legitimately - over-traded. In my interpretation that means that premium limits were regularly exceeded and there was always a good excuse as to why they were exceeded. There is no point in having regulations if they are not adhered to.
Years ago I asked for my exposure. No answer was forthcoming and the reason for that is perfectly obvious: they were not capable of giving it. Until recently scientific risk evaluation has been absolutely nil. I imagine that it has improved now. I do not want to resign but to push Lloyd's back into the position of being the flagship that it was and something of which we were all proud.
In all this I am not criticising the new regime. I take my hat off to it. I believe that they are very brave men to undertake what they have. It is problematical whether they will succeed. I do not have total confidence in the business plan but, at last, and for the first time, somebody is taking control. As I said, I take my hat off to them for doing so.
I have a number of suggestions for the board, and I use the word "board" advisedly and on purpose the committee. It too recognises the need for change. In the introduction to their Business Plan summary, they say,
"We must manage the Society in a new and more directive way".
That is using the word "directed" for the first time. That is right and it was needed long ago - otherwise this crisis will not be circumvented.
My first suggestion is that non-executive directors must be in the majority; otherwise, they will not be able to wield the rod that is needed so badly to get rid of the rotten apples, and so forth. Furthermore, it is beyond belief that someone facing litigation should occupy a very senior position on the committee. Can it be that that person was put there by working names? I have been asked on a number of occasions whether that is the way the City behaves. I have said, "No, the City does not normally behave like that. That is Lloyd's being a law unto itself." That sort of thing must end; and that is one of the reasons why the Act must be changed or some way round it must be found. If non-executive directors were in the majority, that situation would not be allowed to pertain for long.
It is right and proper that I should put on the record the fact that I warned the gentleman concerned that I would make these remarks in your Lordships' House today. That same gentleman might like to know that his office, which is one of the biggest at Lloyd's, is under heavy criticism from certain quarters among his active colleagues for its inefficiency and other misdemeanours.
My second suggestion relates to corporate investment. That means investment with limited liability. The rest of us do not have limited liability and, in equity, that cannot be allowed to continue. The introduction this year of compulsory high-level stop-loss should do that; but it must be acknowledged that that is the end of unlimited liability or is it merely shuffling risks around the market, as has happened so often in the past?
Thirdly, agents have a dual role. They are shareholders and investment managers paid by us, the outsiders; yet many have exposed their names to their total wealth and more. Is that not criminal negligence? It is certainly negligence and, in my view, it is more than that. No regulator would have allowed that situation to have occurred. A regulator would have intervened long before. I suggest that, for the next decade at least, subject to any court variations, 20 per cent. of the salaries and pensions of the worst offenders should be devoted to the Hardship Fund for those they have abused. There should be a lesser percentage for less guilty brethren. I am sure that the ingenuity of the leadership of Lloyd's could find a way to make that legally possible.
Fourthly, any prudent risk-taker caps his liability. That should be obligatory. We should be able to say good-bye to open-ended commitments. The extraordinary US court awards would then be of no effect. In parenthesis, the United States will rue the day if Congress continues to refuse to cap court awards.
Fifthly, I should like to talk to your Lordships for a minute (if you can spare the time) about the dangers of asbestosis. The dangers have been known since 1924. Industrial working regulations were issued in 1931. But reaction at Lloyd's only began in 1974 when Sturge divested itself of all its liabilities. One up for them. But full awareness only struck the market in 1981. On 10th November of that year a committee member of Lloyd's chaired a meeting explaining the position to the panel of auditors--and yet those agents and auditors never warned names in the period up to 1988, and even then, they did so only in muffled terms. One might say that that is perhaps understandable because there would have been a major capital withdrawal from the market if they had. It might be understandable, but it is surely criminally negligent.
Stupendous damage has been done . Some of the water has flowed under the bridge. The rest must be ring-fenced. The new board is trying to do that, and I hope that it will succeed. It has to find a way to protect itself from the type of exaggerated awards that are current in the courts today. I am sorry that much of that is being copied in this country. I warn the Lloyd's committee, having learnt the lessons of asbestosis, against involvement in pollution, tobacco and professional indemnity business. Those are traps into which it may well fall if it is not careful.
Sixthly, I urge the committee to steer clear of such risks in America until the American courts regain some sense of balance and until exposure is capped. I wrote recently in Lloyd's magazine as an outsider that profits were the name of the game, not turnover or even market share. Lloyd's has to manage the business downwards. Managing the business downwards is the most difficult thing one can do; but, nevertheless, it is essential that it does that. Then, if one is efficient and cost competitive one can re-enter the market when the time is right.
Lastly, I fear that old habits are still entrenched in Lloyd's. That is why it must get down to sorting out the place and getting rid of a large number of people. I put forward a scheme to the committee about a year ago designed to assist some names who want to retire when their open years are closed. I would have understood if I had been told in answer that the scheme was not philosophically acceptable or technically feasible . I did not receive that answer. What I did receive was buck passing. The corporation said that it was not its business to establish syndicates. That is untrue, incidentally, because it has already established Centre-Write. Try the underwriting agents. The answer from them was that it was not on because it was not profitable. What does one do when one is faced with that attitude when they should be trying to help some of their members who have been fleeced?
It is essential that the new management in which I have confidence - I believe that it will do its best - goes through Lloyd's like a dose of salts and applies a rod of iron, because I want to see Lloyd's back on its pinnacle as one of this country's bi |