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COMMITMENTS AND CONTINGENCIES | 12 Months Ended
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Dec. 31, 2011
COMMITMENTS AND CONTINGENCIES [Abstract] |
COMMITMENTS AND CONTINGENCIES [Text Block] | 11. COMMITMENTS AND CONTINGENCIES a) Concentrations of Credit Risk Credit Risk Aggregation We monitor and control the aggregation of credit risk on a consolidated basis by assigning limits on the maximum credit exposure we are willing to assume by single obligors and g roups, industry sector, country, region or other inter-dependencies. Our credit exposures are aggregated based on the origin of risk. L imits are based and adjusted on a variety of factors, including the prevailing economic environment and the nature of the underlying credit exposures. Our credit aggregation measurement and reporting process is facilitated by an exposure database, which contains relevant information on counterparties and credit risk; we also license third party databases to provide credit risk assessment s. Credit risk aggregation is also managed through minimizing overlaps in underwriting, financing and investing activities. The assets that potentially subject us to concentrations of credit risk consist principally of cash and investments, reinsurance recoverable and (re)insurance premium s receivable balances, as described below: Cash and Investments In order to mitigate concentration and operational risks related to cash and cash equivalents, we limit the maximum amount of cash that can be deposited with a single counterparty and additionally limit acceptable counterparties based on current rating, outlook and other relevant factors. Our investment portfolio is managed by external investment managers in accordance with our investment guidelines. We limit credit risk through diversification, issuer exposure limitation graded by ratings and, with respect to custodians, through contractual and other legal remedies. E xcluding U.S. government and agency securities, we limit our concentration of credit risk to any single corporate issuer to 2% or less of our fixed maturities portfolio for securities rated A- or above and 1% or less of our fixed maturities portfolio for securities rated below A-. At December 31, 2011, we were in compliance with these limits. Reinsurance Recoverable Balances With respect to our reinsurance recoverable balances, we are exposed to the risk of a reinsurer failing to meet its obligations under coverage we have purchased. To mitigate this risk, all reinsurance coverage we purchase is subject to requirements established by our Reinsurance Security Committee. This C ommittee maintains a list of approved reinsurers, performs credit risk assessments for potential new reinsurers, regularly monitors approved reinsurers with consideration for events which may have a material impact on their creditworthiness, recommends counterparty tolerance levels for different types of ceded business and monitors concentrations of credit risk. The assessment of each reinsurer considers a range of attributes, including a review of financial strength, industry position and other qualitative factors. Generally, the C ommittee requires that reinsurers who do not meet specified requirements provide collateral. Our reinsurers with the three larges t balances accounted for 13%, 10% and 1 0%, respectively, of our total reinsurance recoverable on unpaid and paid losses balance at December 31, 2011 (2010: 13%, 1 1% and 1 1%, respectively). Amounts related to our reinsurer s with the ten largest balances comprised 7 0% of December 31, 2011 balance (2010: 70%) and had a weighted average A.M. Best rating of A+ (2010: A). Premiums Receivable Balances The diversity of our client base limits the credit risk associated with our premiums receivable. In addition, for insurance contracts we have contractual rights to cancel coverage for non-payment of premium s and for reinsurance contracts we have contractual rights to offset premiums receivable with corresponding payments for losses and loss expenses. Th e s e contractual rights contribute to the mitigat ion of credit risk, as does our monitoring of aged receivable balances. In light of these mitigating factors, and considering that a significant portion of our premiums receivable are not currently due based on the terms of the underlying contracts, we do not utilize specific credit quality indicators to monitor our premiums receivable balance. At December 31, 2011, we recorded an allowance for estimated uncolle ctible premiums receivable of $4 million (2010: $3 million). The corresponding bad debts expense charges for 2011, 2010 and 2009 were insignificant. b) Brokers We produce our business through brokers and direct relationships with insurance companies. During 2011, three brokers accou nted for 63% (2010: 62%; 2009: 62%) of our total gross premiums written. Aon Corporation accounted for 2 7% (2010: 2 5%; 2009: 2 6%), Marsh, Inc. (including its subsidiary Guy Carpenter and Company) for 2 3% (2010: 2 4%; 2009: 23%), and Willis Group Holdings Lt d. for 13% (2010: 13%; 2009: 1 3%). No other broker and no one insured or reinsured accounted for more than 10% of our gross premiums written in any of the last three years. c) Lease Commitments We lease office space under operating leases which expire at various dates. We renew and enter into new leases in the ordinary course of business, as required. During 2011, total rent expense with respect to these operating leases w as $24 million (2010: $1 9 million; 2009: $1 7 million).
Future minimum lease payments under our leases are expected to be as follows:
| 2012 |  |  |  | $ | 21,872 |
| 2013 |  |  |  |  | 27,004 |
| 2014 |  |  |  |  | 28,373 |
| 2015 |  |  |  |  | 23,066 |
| 2016 |  |  |  |  | 19,664 |
| Later years |  |  |  |  | 82,373 |
| Total minimum future lease commitments |  |  |  | $ | 202,352 |
d) Reinsurance Purchase Commitment We purchase reinsurance coverage for our insurance lines of business. The minimum reinsurance premiums are contractually due in advance on a quarterly basis. Accordingly at December 31, 2011, we have an outstanding reinsurance purchase commitment of $67 million. e) Legal Proceedings Except as noted below, we are not a party to any material legal proceedings. From time to time, we are subject to routine legal proceedings, including arbitrations, arising in the ordinary course of business. These legal proceedings generally relate to claims asserted by or against us in the ordinary course of insurance or reinsurance operations; estimated amounts payable under such proceedings are included in the reserve for losses and loss expenses in our C onsolidated B alance S heets. In our opinion, the eventual outcome of these legal proceedings is not expected to have a material effect on our financial condition, results of operations, cash flows or liquidity. In 2005, a putative class action lawsuit was filed against our U.S. insurance subsidiaries. In re Insurance Brokerage Antitrust Litigation was filed on August 15, 2005 in the United States District Court for the District of New Jersey and includes as defendants numerous insurance brokers and insurance companies. The lawsuit alleges antitrust and Racketeer Influenced and Corrupt Organizations Act (“RICO”) violations in connection with the payment of contingent commissions and manipulation of insurance bids and seeks damages in an unspecified amount. On October 3, 2006, the District Court granted, in part, motions to dismiss filed by the defendants, and ordered plaintiffs to file supplemental pleadings setting forth sufficient facts to allege their antitrust and RICO claims. After plaintiffs filed their supplemental pleadings, defendants renewed their motions to dismiss. On April 15, 2007, the District Court dismissed without prejudice plaintiffs' complaint, as amended, and granted plaintiffs thirty (30) days to file another amended complaint and/or revised RICO Statement and Statements of Particularity. In May 2007, plaintiffs filed (i) a Second Consolidated Amended Commercial Class Action complaint, (ii) a Revised Particularized Statement Describing the Horizontal Conspiracies Alleged in the Second Consolidated Amended Commercial Class Action Complaint, and (iii) a Third Amended Commercial Insurance Plaintiffs' RICO Case Statement Pursuant to Local Rule 16.1(B)(4). On June 21, 2007, the defendants filed renewed motions to dismiss. On September 28, 2007, the District Court dismissed with prejudice plaintiffs' antitrust and RICO claims and declined to exercise supplemental jurisdiction over plaintiffs' remaining state law claims. On October 10, 2007, plaintiffs filed a notice of appeal of all adverse orders and decisions to the United States Court of Appeals for the Third Circuit, and a hearing was held in April 2009. On August 16, 2010, the Third Circuit Court of Appeals affirmed the District Court's dismissal of the antitrust and RICO claims arising from the contingent commission arrangements and remanded the case to the District Court with respect to the manipulation of insurance bids allegations. We continued to believe that the lawsuit wa s completely without merit and on that basis v igorously defend ed the filed action. However, for the sole purpose of avoiding additional litigation costs, we reached an agreement in principal with the plaintiffs during the first quarter of 2011 to settle all claims and causes of action in this matter for an immaterial amount. On June 27, 2011, the District Court preliminarily approved the terms and conditions of the settlement and are awaiting issuance of the final settlement order. f) Dividends for Common Shares and Preferred Shares On December 8, 2011, our Board of Direct ors declared a dividend of $0.24 per common share to shareholders of rec ord at the close of business on December 30, 2011 and payable on January 17, 201 2. The Board of Directors also declared a dividend of $0.453125 per Series A 7.25% Pr e ferred Share and a dividend of $1.875 per Series B 7.5% Preferred Share. The Series A Preferred Share d ividend is payable on January 17, 2012, to shareholders of record at the close of business on December 30, 2011 and the Series B Preferred Share dividend is payable on March 1, 2012, to shareholders of record at t he close of business on February 15, 2012.

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