An Economic Appraisal Of Securitizing Insurance Risk Via Onshore Special Purpose Vehicles

ABSTRACT: The increased risk from natural disasters in the United States has prompted innovations in alternative forms of risk transfer and financing. Among the mechanisms that have been developed are Special Purpose Reinsurance Vehicles (SPRVs) designed to hold and segregate funds supporting a risk securitization. SPRVs have been principally formed outside the United States for tax and regulatory reasons. The National Association of Insurance Commissioners (NAIC) and the states are considering proposed model legislation that will facilitate the formation of SPRVs in the United States. Proponents also will be seeking federal tax legislation that will facilitate onshore securitization. This article examines important economic and tax issues involved with onshore SPRVs. The authors conclude that properly regulated onshore securitization vehicles could aid the diversification of high‐layer catastrophe risks and other risks with similar characteristics. The proposed tax changes may create a modest inequity between special purpose vehicles and traditional reinsurers, depending on one's perspective. However, if governed by an appropriate tax and regulatory framework, onshore securitization used for appropriate purposes should benefit consumers and not erode the demand for conventional reinsurance for the types of risks it is best suited to manage.