A New York state insurer should think twice before making securities loans with a total value in excess of 5% of its admitted assets.
The New York State Insurance Department has put the 5% asset guideline in Circular Letter Number 16 (2010), “Prudent Practices for Insurers Engaged in Securities Lending.”
The New York department does not set a firm 5% limit, but, if an insurer lets the value of securities loans exceed the 5% guideline, “then the insurer making such a loan may not be acting prudently,” New York Deputy Superintendent Michael Moriarty writes in the circular letter.
An insurer that participates in securities lending lends securities, “either directly or through a custodial bank, to a borrower in exchange for collateral, each to be returned at a specified future date or on demand by either party,” Moriarty says.
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In the summer of 2008, around the time the world financial system was experiencing severe turmoil, the New York department quietly drew attention to concerns about securities letter in Circular Letter Number 16 (2008) (“CL 16″).
“At that time, the department had become aware that some insurers had experienced significant losses due to their securities lending programs,” Moriarty says.