- 31 - c. Underlying Business The insurance business underlying the 1989 Agreement was volatile and risky. UPL and Guardian entered into a reinsurance agreement on November 25, 1987, under which Guardian reinsured a portion of a block of single premium deferred annuity (SPDA) policies written from January 1 through December 31, 1987, and a portion of a block of single premium whole life (SPWL) policies written from January 1 through December 31, 1987. Pursuant to the 1989 Agreement, petitioner assumed 30 percent of Guardian’s interest in the individual life portion of the reinsurance agreement between UPL and Guardian. The 1989 Agreement did not reinsure with petitioner any deficiency or excess interest reserves. The reserves for the business underlying the 1989 Agreement were smaller than the reserves associated with the 1988 Agreement. Petitioner did not pay claims, make refunds directly to the insured, or otherwise contact the insured or perform administrative functions with respect to the policies underlying the 1989 Agreement. d. Ceding Commission and Risk Charge The ceding commission for the 1989 Agreement was recorded as a negative $1 million in the EAB as of June 30, 1989, and represented the pretax surplus relief generated for Guardian and the pretax statutory loss to petitioner as of that date. The $1 million ceding commission was approximately 13 percent of the reserves attributable to petitioner under the 1989 AgreementPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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