I don’t particularly hang out with insurance and I assume that if you do today’s big angry report on captive reinsurance, by Benjamin Lawsky and his New York State Department of Financial Services,1 doesn’t come as much of a surprise. Still it’s fun for me because of its overlap with some of my favorite financial transactions. Like, here is the basic idea of reinsurance:

You’ve got a company (a New York State insurance company) that has insured some risks, and is required to hold reserves and be capitalized against those risks, and that seems unfair to that company, so it goes and finds another entity (a Cayman Islands reinsurance company) with less stringent capital requirements, and it buys reinsurance from that company, reducing its own capital requirements (it has no more exposure to the reinsured risk!) without 1-for-1 increasing the reinsurer’s capital requirements (better regulatory environment!), so there’s a positive-sum transaction.
This in a nutshell describes all capital arbitrage transactions in banking: a big bank has a risk that brings it capital requirements, it goes and finds a pension fund or hedge fund (or insurance company!) that is willing to bear that risk, the transfer of risk from bank to fund reduces aggregate capital requirements, and a trade is made. This is a sort of “shadow banking,” and in fact Lawsky’s report borrows the term as “shadow insurance” to describe mechanically similar reinsurance transactions.
The fun part is what Lawsky gets mad at, which is a trade that goes something like this: Read more »






