Treasury Department: 2022 Terrorism Risk Insurance Program Data Call
The notice was issued by Director, Federal Insurance Office
DATES: Participating insurers must register and submit data no later than
FOR FURTHER INFORMATION CONTACT:
* * *
Pursuant to the Terrorism Risk Insurance Act of 2002, as amended (TRIA), insurers that participate in the Terrorism Risk Insurance Program (TRIP or Program) are directed to submit information for the 2022 TRIP Data Call, which covers the reporting period from
All insurers writing commercial property and casualty insurance in lines subject to TRIP, subject to certain exceptions identified in this notice, must respond to this data call no later than
SUPPLEMENTARY INFORMATION:
I. Background
TRIA[1] created the Program within the
As discussed further below, there are certain changes to the data collection forms that are being used this year as compared to those that were used during the 2021 TRIP Data Call. FIO solicited public comment concerning these forms,[6] and received a number of comments concerning the proposed changes. FIO's evaluation of those comments, and the steps it has taken in response to the comments, are addressed below. The forms were then submitted for approval to the
II. Elements of 2022 TRIP Data Call
For purposes of the 2022 TRIP Data Call, FIO, state insurance regulators, and the
A. Changes to the 2021 Reporting Templates
In
Captive Insurer Reporting Comments
One comment that addressed the proposed data collection revisions concerning captive insurers did not object to any of the captive insurer changes; rather, it suggested additional changes to require responding captive entities to specify their type of captive insurer ( e.g., pure captive, protected cell captive, etc.).[10] Because of the type of analysis
Two comments received from captive insurer trade associations indicated that they do not oppose the changed reporting requirements (both those specific to captive insurers, as well as those addressing cyber insurance).[12] However, each commenter noted the increasing burden they claim is imposed by the data collection requirements on captive insurers, cautioning that such burdens could become unsustainable for such entities. The commenters also stated that the data that will be produced by these entities in response to the data collection is highly confidential.[13]
Cyber Insurance Reporting Comments
Four additional comments were received that focused upon the proposed cyber insurance reporting changes--two from insurance trade associations,[14] and two from or on behalf of companies or syndicates operating in the alien surplus lines insurance market.[15] These comments raise the following issues, which
Two of the commenters questioned whether there has been sufficient coordination with state regulators for the newly-proposed data elements.[16] Section 104(h)(4) of the Act states that
Two of the commenters raised questions as to whether the collection of information relating to cyber insurance written in non-Program eligible lines is within the scope of the Secretary's authority under the Act.[17] These comments, if accepted, would curtail the Secretary's ability to determine the effectiveness of the Program, which is the purpose of data collection under Section 104(h) of the Act. While
Each of the four commenters indicated that not all insurers during the insurance placement process in calendar year 2021 were electronically gathering all of the newly-proposed data elements. These commenters also stated that they therefore would be unable to report such information by
Two commenters questioned the collection of certain data elements, namely, premium and number of policies information by policyholder size, measured by number of employees (in three specified categories) (Cyber Worksheet, Lines 12-17).[21] The commenters questioned the availability of the information of policyholder size by number of employees (at least outside workers' compensation insurance lines, not relevant here), and whether it is an appropriate metric for evaluating the risk exposure presented to insurers under cyber insurance policies. While one of the commenters identified other potential metrics that might be used instead, such as premium volume or revenue, it ultimately concludes that none of these would be an appropriate metric to assess cyber risk either, at least on a stand-alone basis, and that as a result
Finally, certain commenters addressed various interpretive issues concerning the questions posed by
As noted above,
B. Reporting of Workers' Compensation Information
The TRIP Data Calls request certain information relating to workers' compensation insurance. For the 2022 TRIP Data Call,
C. Reporting Templates
Except for the changes discussed above relating to Captive Insurers in particular and for cyber insurance in general, there are no other material changes to the reporting templates used in the 2021 TRIP Data Call.[24] Each category of insurer is required to complete the same worksheets that they completed in the 2021 TRIP Data Call. The same reporting exceptions apply this year as applied in the 2021 TRIP Data Call, as specified further below in the discussions for each category of insurer.
Various worksheets used in the 2022 TRIP Data Call seek certain information relating to workers' compensation insurance. NCCI, the California WCIRB, and the NYCIRB will complete the workers' compensation elements of these worksheets on behalf of reporting insurers. Further information concerning the reporting templates for each category of insurer, and the individual worksheets contained within each, can be found in the instructions for the reporting templates for each category of insurer. The individual reporting templates and worksheets will also be addressed in the training webinars discussed below.
For the 2022 TRIP Data Call, an insurer will qualify as a Small Insurer if it had both 2020 policyholder surplus of less than
The Non-Small Insurer template will be completed by insurance groups (or individual insurers not affiliated with a group) that are not subject to reporting on the Captive Insurer or Alien Surplus Lines Insurer reporting templates, and had either a 2020 policyholder surplus of greater than
Captive Insurers are defined in 31 CFR 50.4(g) as insurers licensed under the captive insurance laws or regulations of any state. Captive Insurers that wrote policies in TRIP-eligible lines of insurance during the reporting period (
Alien Surplus Lines Insurers are defined in 31 CFR 50.4(o)(1)(i)(B) as insurers not licensed or admitted to engage in the business of providing primary or excess insurance in any state, but that are eligible surplus line insurers listed on the NAIC Quarterly Listing of Alien Insurers. Alien Surplus Lines Insurers that are part of a larger group classified as a Non-Small Insurer or a Small Insurer should report to
D. Supplemental Reference Documents
E. Training Webinars
As in prior years,
III. 2022 TRIP Data Call
Copies of the instructions and data collection forms are available on
Reporting insurers are required to register and submit complete data to
All data submitted to the aggregator is subject to the confidentiality and data protection provisions of TRIA and the Program Rules, as well as to Section 552 of title 5, United States Code, including any exceptions thereunder. In accordance with the Paperwork Reduction Act (44 U.S.C. 3501-3521), the information collected through the web portal has been approved by OMB under Control Number 1505-0257. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.
Director, Federal Insurance Office.
Footnotes
1. Public Law 107-297, 116 Stat. 2322, codified at 15 U.S.C. 6701, note. Because the provisions of TRIA (as amended) appear in a note, instead of particular sections, of the United States Code, the provisions of TRIA are identified by the sections of the law.
2. Terrorism Risk Insurance Program Reauthorization Act of 2019, Public Law 116-94, 133 stat. 2534.
3. TRIA, sec. 104(h)(1).
4. TRIA, sec. 104(h)(2).
5. 31 U.S.C. 313(c)(1)(D).
6. Terrorism Risk Insurance Program 2022
7.
8. Terrorism Risk Insurance Program 2022
9. Seven comments were received in response to
10. CBI Comments at 3-4.
11. Id. at 4-6.
12. VCIA/CICA/CICDC Comments at 2; NRRA Comments at 1-2.
13. Id.
14. NAMIC Comments; APCIA Comments.
15. Chaucer Comments; Lloyd's Comments.
16. Lloyd's Comments at 1; APCIA Comments at 1.
17. Lloyds's Comments at 1; NAMIC Comments at 2; see also APCIA Comments at 1 (noting that "
18. Lloyd's Comments at 1-2; NAMIC Comments at 2, 4-6; APCIA Comments at 1-2.
19. Chaucer Comments at 1.
20.
21. APCIA Comments at 2; NAMIC Comments at 4.
22. APCIA Comments at 2.
23. See GAO,
24. There is a new modeled loss scenario identified in the Reinsurance Worksheet that will be used in connection with the modeled loss questions (which have not changed from those posed in prior data collections). The modeled loss questions must be completed by non-small insurers, alien surplus lines insurers, and captive insurers. As in prior years, small insurers complete a separate Reinsurance Worksheet that does not contain modeled loss questions.
25. Small Insurers are defined in 31 CFR 50.4(z) as insurers (or an affiliated group of insurers) whose policyholder surplus for the immediately preceding year is less than five times the Program Trigger for the current year, and whose direct earned premiums in TRIP-eligible lines for the preceding year are also less than five times the Program Trigger for the current year. Accordingly, for the 2022 TRIP Data Call (covering the 2021 calendar year), an insurer qualifies as a Small Insurer if its 2020 policyholder surplus and 2020 direct earned premiums are less than five times the 2021 Program Trigger of
26. Individual insurers with less than
28. Specifications for submission of data using a .csv file will be provided to the insurer by the aggregator.
29. Under 31 CFR 50.51(a), data is to be provided to
[FR Doc. 2022-07861 Filed 4-12-22;
BILLING CODE 4810-AK-P
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