SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011

Transcription

1 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Sompo Japan Insurance Company of America General Liability District of Columbia 17.0 Other Liability-Occ/Claims Made Other Liability Sub-TOI Combinations Rate/Rule Date Submitted: 09/09/2015 SERFF Tr Num: SERFF Status: State Tr Num: State Status: Co Tr Num: Effective Date Requested (New): Effective Date Requested (Renewal): Author(s): Reviewer(s): SMPJ Closed-APPROVED 15-I-GL /01/ /01/2015 Mary Alado Disposition Date: 10/01/2015 Disposition Status: Effective Date (New): Effective Date (Renewal): APPROVED PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

2 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 General Information Project Name: Unmanned Aircraft Rule Exception Project Number: 15-I-GL-9011 Reference Organization: N/A Reference Title: N/A Filing Status Changed: 10/01/2015 State Status Changed: Created By: Mary Alado Corresponding Filing Tracking Number: N/A Status of Filing in Domicile: Pending Domicile Status Comments: Reference Number: N/A Advisory Org. Circular: N/A Deemer Date: Submitted By: Mary Alado Filing Description: We submit for your review the following new company Premium Determination rules for our Commercial General Liability program. Earlier this year, ISO introduced Unmanned Aircraft and Watercraft endorsement options for General Liability. In response to that filing, we are introducing a company exception to ISO s refer-to-company rule to allow for specific credits and debits for the use of each endorsement. Once used exclusively by the military or as toys for hobbyists, Unmanned Aircraft are now becoming increasingly common. While we do not currently have insureds that own or operate Unmanned Aircraft, the uses for such aircraft are changing daily and we fully expect to have requests for coverage from our insureds. We are introducing a credit for the use of each exclusion of Unmanned Aircraft. For each endorsement that provides coverage for Unmanned Aircraft, we are introducing charges that apply based on the number of Unmanned Aircraft and limit we are providing. Manual page SDC-GL-25 provides the premium determination rules for ISO Unmanned Aircraft endorsements. Included please find our actuarial memorandum, a copy of the rule page, exhibits and our rating examples which elaborate on the charges for your review. Company and Contact Filing Contact Information Mary Alado, State Filings Analyst II North Community House Rd. Suite 600 Charlotte, NC [email protected] [Phone] PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

3 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Filing Company Information Sompo Japan Insurance Company of America 777 Third Avenue 24th Floor New York, NY (212) ext. [Phone] CoCode: Group Code: 3219 Group Name: FEIN Number: State of Domicile: New York Company Type: State ID Number: Filing Fees Fee Required? Retaliatory? Fee Explanation: No No PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

4 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Correspondence Summary Dispositions Status Created By Created On Date Submitted APPROVED Robert Nkojo 10/01/ /01/2015 PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

5 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Disposition Disposition Date: 10/01/2015 Effective Date (New): Effective Date (Renewal): Status: APPROVED Comment: Rate data does NOT apply to filing. Schedule Schedule Item Schedule Item Status Public Access Supporting Document Consulting Authorization Yes Supporting Document Actuarial Certification (P&C) Yes Supporting Document District of Columbia and Countrywide Experience for the Yes Last 5 Years (P&C) Supporting Document District of Columbia and Countrywide Loss Ratio Analysis Yes (P&C) Supporting Document Memorandum and Exhibits Yes Rate Rule Page Yes PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

6 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Rate Information Rate data does NOT apply to filing. PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

7 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Rate/Rule Schedule Item Schedule Item Previous State No. Status Exhibit Name Rule # or Page # Rate Action Filing Number Attachments 1 Rule Page SDC-GL-25 New SDC-GL-25.pdf PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

8 DISTRICT OF COLUMBIA (08) COMMERCIAL LINES MANUAL DIVISION SIX - GENERAL LIABILITY EXCEPTION PAGE Sompo Japan Insurance Company of America 1. Under Rule 37. DESCRIPTION OF UNMANNED AIRCRAFT ENDORSEMENTS, Premium Determination is replaced by the following: C. Premium Determination 1. For unmanned aircraft exclusions described in B.1. above, the following credits apply: (a) CG 2110: Allow a $25.00 credit. (b) CG 2111: Allow a $25.00 credit. (c) CG 2109: Allow a $50.00 credit. 2. For Unmanned Aircraft Coverage Options described in B.2. above, the following charges apply: Aggregate Limit CG 2451 CG 2452 CG 2450 Rate Per Rate Per Rate Per Unmanned Unmanned Unmanned Aircraft Aircraft Aircraft (1) $100,000 Aggregate: $ $14.00 $ (2) $200,000 Aggregate: $ $16.00 $ (3) $300,000 Aggregate: $ $17.00 $ (4) $400,000 Aggregate: $ $18.00 $ (5) $500,000 Aggregate: $ $19.00 $ (6) $600,000 Aggregate: $ $20.00 $ (7) $700,000 Aggregate: $ $22.00 $ (8) No Aggregate: $ $24.00 $ The following is added to rule 46. Owners & Contractors Protective Liability Insurance & Principals Protective Liability Insurance, item B. 12: Allow a $25.00 credit for the use of this endorsement. Edition Includes copyrighted material of Insurance Sevices Office, Inc. with its permission. SDC-GL-25

9 SERFF Tracking #: SMPJ State Tracking #: Company Tracking #: 15-I-GL-9011 State: District of Columbia Filing Company: Sompo Japan Insurance Company of America TOI/Sub-TOI: 17.0 Other Liability-Occ/Claims Made/ Other Liability Sub-TOI Combinations Product Name: General Liability Project Name/Number: Unmanned Aircraft Rule Exception/15-I-GL-9011 Supporting Document Schedules Bypassed - Item: Bypass Reason: Attachment(s): Item Status: Status Date: Bypassed - Item: Bypass Reason: Attachment(s): Item Status: Status Date: Bypassed - Item: Bypass Reason: Attachment(s): Item Status: Status Date: Bypassed - Item: Bypass Reason: Attachment(s): Item Status: Status Date: Satisfied - Item: Comments: Attachment(s): Item Status: Status Date: Consulting Authorization N/A Actuarial Certification (P&C) N/A District of Columbia and Countrywide Experience for the Last 5 Years (P&C) N/A District of Columbia and Countrywide Loss Ratio Analysis (P&C) N/A Memorandum and Exhibits SJA GL Unmanned Aircraft Endt Actuarial Memo.pdf Unmanned Aircraft Exhibits support 2015 Rev. 9-3.pdf Rating Examples - Unmanned Aircraft.pdf PDF Pipeline for SERFF Tracking Number SMPJ Generated 07/08/ :49 PM

10 Sompo Japan Insurance Company of America ACTUARIAL MEMORANDUM General Liability Unmanned Aircraft Endorsement Charges Sompo Japan Insurance Company of America ( Sompo ) is submitting this rule filing for six endorsements to the Commercial General Liability coverage form and one endorsement to the Owners and Contractors Protective Liability coverage form for unmanned aircraft. Three endorsements will exclude unmanned aircraft liability under both Coverage A and Coverage B, Coverage A alone or Coverage B alone (Commercial General Liability Coverage Form). Currently, there is a limited grant of coverage offered under Coverage A of the CGL policy. CG 2109 Exclusion- Unmanned Aircraft, excludes coverage under both Coverage A and B. If elected by the insured this will result in a small credit to the premium charged. The coverage provided in the CGL under Coverage A is extremely narrow and limited. We are unaware of any work done by ISO or other rating agencies to quantify the credit for excluding this coverage, but given the relatively immaterial amount of coverage provided in the CGL policy we believe the credit should be very limited. As a result, we have elected a credit of $50.00 for this endorsement. For CG 2110 Exclusion Unmanned Aircraft (Coverage A Only) and CG 2111 Exclusion Unmanned Aircraft (Coverage B Only), coverage is removed only from Coverage A or Coverage B. We believe the credit for either of these two endorsement should be very limited and have elected a credit of $ For the Owners and Contractors Protective Liability Coverage form, endorsement CG Exclusion - Unmanned Aircraft, we have elected the same credit of $ Three additional endorsements, Limited Coverage for Designated Unmanned Aircraft, (CG 2450, CG 2451 or CG 2452) provide for broader coverage for unmanned aircraft than what is currently in the CGL. Rates for this coverage were developed using publicly available data regarding crash rates for drones along with assumptions regarding claims per crash and average costs per claim. We have included an average expense provision based on countrywide expense information. Our analysis indicates a rate per unmanned aircraft of $240. We have allocated the total rate to Coverage A and Coverage B, and developed rates under several aggregate limits. The attached exhibits display our calculations of the rate per unmanned aircraft under this endorsement. We have assumed 90% of the total loss would be for Coverage A. We have further assumed credits of 10% to 40% for aggregate limits of $100,000 to $700,000. There are no current insureds which have elected coverage and therefore there is no rate impact to the current book of business.

11 Sompo Japan Insurance Company of America Exhibit 1 Unmanned Aircraft Rates Rate per Unmanned Aircraft Aggregate Limit Coverage A Coverage B Coverage A & B 100, , , , , , , None Unlimited Coverage A & B rate from Exhibit 2. Allocated to Coverage A & B assuming 90/10 split.

12 Sompo Japan Insurance Company of America Exhibit 2 Unmanned Aircraft Rate Analysis Derivation of base rate (1) Military: 20 crashes per 100,000 hours (2) Assumed hours/yr per drone 500 (3) Frequency of crash (per year) 10.0% (4) Claim per crash (5) Frequency of claim 0.75% (6) Severity per claim 25,000 (7) Loss cost (8) ELR (9) Rate 241 (10) Selected Unlimited Rate 240 (1) Website source; military study (3) (1) x (2) (4) Judgmentally selected (5) (3) x (4) (6) Judgmentally selected (7) (5) x (6) (8) Exhibit 3 (9) (7) / (8)

13 Exhibit 3 Sompo Japan Insurance Company of America Determination of Expense Provisions Product Liability 3-Year Average Selected Commission & Brokerage (1) 6.7% 6.7% 6.2% 6.5% 6.5% Other Acquisition Expense (2) 7.4% 10.6% 14.6% 10.9% 10.9% General Expense (2) 3.4% 4.0% 5.8% 4.4% 4.4% Taxes, Licenses & Fees (3) 2.50% 2.90% 3.1% 2.8% 2.8% Underwriting Profit and Contingencies (see Exhibit 4 Page 1) -2.5% TOTAL 22.1% Permissible Loss & LAE Ratio 77.9% Formula Implied LCM (1) SJA expected commission rate (2) Data are derived from Sompo's Insurance Expense Exhibits. (3) From Sompo Statutory Page 14 data

14 Sompo Japan Insurance Company of America Exhibit 4 Page 1 Calculation of Profit Provision Product Liability (1) Target Total Rate of Return (after tax) 10.0% (2) Target Total Rate of Return (pre tax) 14.0% (1) / ( ) (3) Portion of Surplus Invested 85.9% (see Exhibit 4, Page 2) (4) Investment Average Rate of Return 3.0% (see Exhibit 4, Page 4) (5) Return on Invested Surplus (pre-tax) 2.6% (3) X (4) (6) Return on Policyholder Supplied Funds (pre-tax) 11.4% (see Exhibit 4, Page 3) (7) Premium to Surplus Ratio (see Exhibit 4, Page 5) (8) Return on Policyholder Supplied Funds as a ratio to surplus (pre-tax) 14.8% (6) x (7) (9) Underwriting Profit Provision as a percent of surplus (pre-tax) -3.3% (2) - (5) - (8) (10) Target Premium to Surplus Ratio (11) Underwriting Profit Provision as a percent of premium (pre-tax) -2.5% (9) / (10)

15 Sompo Japan Insurance Company of America Exhibit 4 Page 2 Calculation of Invested/Not Invested Surplus All Lines 1. Allocation of 12/2014 Assets a. Invested (AS, pg. 2, line 12) 1,120,953,018 b. Other than Invested 117,532,322 c. Total 1,238,485, Liabilities assumed to be matched by invested assets in investment income calculation. a. Losses (AS, pg. 3, line 1) 331,750,209 b. Loss Adjustment Expense (AS, pg. 3, line 3) 81,837,535 c. Unearned Premium (AS, pg. 3, line 9) 77,078,064 d. Prepaid Expenses ( x c ) ** 13,103,271 e. Agents Balances (AS, pg. 2, lines ) 71,273,030 f. Matched Liabilities (a + b + c - d - e) 406,289, Invested Assets not matched by liabilities in investment income calculation ( 1a - 2f ) 4. Portion of remaining liabilities plus surplus that are matched by invested assets. ( 3 / ( 3 + 1b) ) 714,663, ** The prepaid expense factor from the investment income calculation. PREMIUM TO SURPLUS RATIO 2014 Net Written Premium 1,386,373,971 Surplus as regards Policyholders 2,619,401,576 Premium to Surplus Ratio Target Ratio 1.300

16 Sompo Japan Insurance Company of America Exhibit 4 Page 3 Estimated Investment Earnings on Unearned Premium Reserves and Loss Reserves Product Liability STATE OF: Countrywide 2014 A. UNEARNED PREMIUM RESERVE 1. Direct Earned Premium $22,817, Mean Unearned Premium Reserve (A.1) $7,877, Deduction for Prepaid Expenses a. Commissions 6.5% b. Taxes, Licenses & Fees 2.8% c. 50% of Other Acquisition Expense 5.4% d. 50% of General Expense 2.2% e. Total 17.0% 4. (2) x (3e) $1,339, Net Subject to Investment Income (2) - (4) $6,537,918 B. DELAYED REMISSION OF PREMIUM (AGENTS' BALANCES) 1. Direct Earned Premium (A.1) $22,817, Average Agents' Balances 22.8% 3. Delayed Remission (1) x (2) $5,209,306 C. LOSS RESERVES 1. Direct Earned Premium (A.1) $22,817, Expected Incurred Loss & LAE (C.1) x $17,775, Expected Mean Loss Reserves (C-2) x $85,394,879 D. NET SUBJECT TO INVESTMENT INCOME $86,723,492 (A.5) - (B.3) + (C.3) E. AVERAGE RATE OF RETURN 2.99% F. INVESTMENT EARNINGS ON NET SUBJECT TO INVESTMENT (D) X (E) G. AVERAGE RATE OF RETURN AS A PERCENTAGE OF EARNED PREMIUM (F) / (A.1) H. AVERAGE RATE OF RETURN AS A PERCENTAGE OF EARNED PREMIUM AFTER FEDERAL INCOME TAX (G) X ( ) $2,593, % 8.1%

17 Sompo Japan Insurance Company of America Exhibit 4 Page 4 Projected Investment Income Ratio Latest Annual Statement: Mean Direct Unearned Premium Reserve (Countrywide - All Lines) a Direct Earned Premium 301,985,723 b. 12/31/2013 Direct Unearned Premium Reserve 93,296,185 c. 12/31/2014 Direct Unearned Premium Reserve 115,202,204 d. Mean Direct Unearned Premium Reserve (avg b. & c. ) 104,249,195 e. Ratio of Mean UPR to Earned Premium Average Agents' Balances Ratio (Countrywide - All Lines) a Direct Earned Premium 301,985,723 b. 12/31/2013 Direct Agents' Balances 66,613,292 c. 12/31/2014 Direct Agents' Balances 71,273,030 d. Mean Agents' Balances (avg b. & c.) 68,943,161 e. Ratio of Mean Agents' Balances to Earned Premium Average Rate of Return on Investments (Countrywide - All Lines) Calendar Yr Net Inv Inc & Realized Capital Gain/(Loss) Mean Cash & Invested Assets Average Rate of Return Realized Capital Gains Unrealized Capital Gains ,800, ,942, % 3,896,546 (2,102,240) ,480,867 1,102,232, % 5,038,337 19,067,665 Average 3.0% 4,467,442 8,482,713 Selected 3.0% 0.5% 0.9% Ratio to Assets 4. Mean Direct Loss & ALAE Reserve Ratio (General Liability - Countrywide) a Incurred Loss & ALAE 41,138,009 b Incurred Loss & ALAE 27,492,525 c. 12/31/2012 Loss & ALAE Reserves 145,564,304 d. 12/31/2013 Loss & ALAE Reserves 165,820,766 e. 12/31/2014 Loss & ALAE Reserves 184,954,787 f Mean Loss & ALAE Reserves (avg c. & d.) 155,692,535 g Mean Loss & ALAE Reserves (avg d. & e.) 175,387,777 h Loss & ALAE Reserve Ratio ( f. / a.) i Loss & ALAE Reserve Ratio (g. / b.) j. Selected Loss & ALAE Reserve Ratio (Judgment) k. Estimated Reserve Discount 13.6% l. Federal Taxes Payable on Discount 3.9% m. Mean Loss & ALAE Reserve Ratio After Tax 4.804

18 Sompo Japan Insurance Company of America Exhibit 4 Page 5 Calculation of Premium-to-Surplus Ratio Policyholders' Surplus Net WP Premium to Surplus Ratio ,520,774 98,051, ,599,317 88,130, ,901,431 62,800, ,451,153 71,133, ,288,376 71,772, ,240,000 63,420, ,111,871 65,616, ,847,617 63,341, ,155,964 61,452, ,615,350 56,476, ,639,284 63,613, ,381,833 83,205, ,167, ,662, ,207, ,246, ,276, ,383, Average Average Selected Note Sompo's premium-to-surplus level is well below industry averages due to recent capital provided by the parent company. We should not expect our policyholders to fund a return on an unusually large amount of surplus, which we would be doing if we selected our current average. Selecting a low premium-to-surplus ratio for pricing would inflate the multiplier and penalize our policyholders for our stronger financial position. In essence, this would force Sompo to charge excessive rates. Therefore, we are selecting a target premium-to-surplus ratio based on long-term industry averages for use in pricing.

19 Sompo Japan Insurance Company of America Exhibit 4 Page 6 Calculation of Federal Tax Rate on Investment Income Federal Earned During Income Tax Year Rate 1. U.S. Government Bonds 12,867, % 1.1 Bonds exempt from U.S. Tax 0 5.3% (A) 1.2 Other Bonds 5,573, % 1.3 Bonds of Affiliates % 2.1 Preferred stocks (unaffiliated) % (B) 2.11 Preferred stocks of affiliates 0 0.0% 2.2 Common stocks (unaffiliated) 7,282, % (B) 2.21 Common stocks of affiliates 0 0.0% 3. Mortgage Loans % 4. Real estate % 5. Contract loans % 6. Cash/short-term investments 14, % 7. Derivative instruments % 8. Other invested assets % 9. Aggregate write-ins for inestment income 21, % 10. TOTAL 25,759, % 16. Total Investment Deductions 1,316, % 17. Total Net Investment Income Earned 24,442, % Source: Sompo Japan Insurance Company of America Annual Statement Exhibit of Net Investment Income. Notes: (A) 100% of the interest income on tax-exempt bonds is subject to proration; that is, 15% of that income is taxed at a full corporate income tax rate of 35%. The applicable tax rate is thus: (1.00 x 0.15 x 35% = 5.25%). (B) 30% of domestic dividend income (5,791) and 100% of foreign dividend income (0) is subject to the full corporate income tax rate of 35%. 100% of domestic dividend income on stocks is subject to proration; that is, 15% of the remaining 70% of domestic dividend income is taxed at a rate of 35%. The applicable tax rate is thus: [(0 + (0.30 x 5,791) + (5,791 x 0.70 x 0.15)) x 35%] / (5, ) = 14.18%

20 Unmanned Aircraft Rating Examples A. Exclusions 1. CG 2110 Exclusion Unmanned Aircraft (Coverage A Only): When this endorsement is attached, the insured receives a $25.00 credit. 2. CG 2111 Exclusion Unmanned Aircraft (Coverage B Only): When this endorsement is attached, the insured receives a $25.00 credit. 3. CG 2109 Exclusion Unmanned Aircraft: When this endorsement is attached, the insured receives a $50.00 credit. B. Coverage Grants 1. CG 2451 Limited Coverage For Designated Unmanned Aircraft (Coverage A Only) Example One: The insured has three unmanned aircraft and requests a quote with no aggregate. The price is $216 x 3 = $648. Example Two: If this same insured requested a quote for an aggregate of $500,000, the price would be $ x 3 = $ CG 2452 Limited Coverage For Designated Unmanned Aircraft (Coverage B Only) Example One: The insured has five unmanned aircraft and requests an aggregate of $300,000. $17 x 5 = $ Example Two: This same insured has requested a quote with no aggregate: $24.00 x 5 = $ CG 2450 Limited Coverage For Designated Unmanned Aircraft Example One: The insured has fourteen unmanned aircraft and has requested an aggregate of $700,000. $216 x 14 = $ Example Two: If this same insured requested an aggregate of $100,000, the quote is $144 x 14 = $