10-Q
Table of Contents

 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
____________________________________________________________________________
FORM 10-Q
ý
 
QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the Quarterly Period Ended March 31, 2016
Or
o
 
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition Period from              to               
Commission File No. 001-32141 
ASSURED GUARANTY LTD.
(Exact name of registrant as specified in its charter) 
Bermuda
 
98-0429991
(State or other jurisdiction
 
(I.R.S. employer
of incorporation)
 
identification no.)
 
30 Woodbourne Avenue
Hamilton HM 08
Bermuda
(Address of principal executive offices)
(441) 279-5700
(Registrant’s telephone number, including area code)
 
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.   Yes x No o
 
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).   Yes x No o
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company. See definition of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer x
 
Accelerated filer o
 
 
 
Non-accelerated filer o
 
Smaller reporting company o
(Do not check if a smaller reporting company)
 
 
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).   Yes o No x
The number of registrant’s Common Shares ($0.01 par value) outstanding as of May 2, 2016 was 134,357,143 (includes 62,145 unvested restricted shares).
 


Table of Contents


ASSURED GUARANTY LTD.

INDEX TO FORM 10-Q
 
 
 
Page
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Table of Contents

PART I.    FINANCIAL INFORMATION
 
ITEM 1.
FINANCIAL STATEMENTS
Assured Guaranty Ltd.

Consolidated Balance Sheets (unaudited)
 
(dollars in millions except per share and share amounts) 

 
As of
March 31, 2016
 
As of
December 31, 2015
Assets
 

 
 

Investment portfolio:
 

 
 

Fixed-maturity securities, available-for-sale, at fair value (amortized cost of $10,123 and $10,275)
$
10,588

 
$
10,627

Short-term investments, at fair value
459

 
396

Other invested assets
167

 
169

Total investment portfolio
11,214

 
11,192

Cash
112

 
166

Premiums receivable, net of commissions payable
662

 
693

Ceded unearned premium reserve
236

 
232

Deferred acquisition costs
113

 
114

Reinsurance recoverable on unpaid losses
72

 
69

Salvage and subrogation recoverable
206

 
126

Credit derivative assets
55

 
81

Deferred tax asset, net
278

 
276

Current income tax receivable
11

 
40

Financial guaranty variable interest entities’ assets, at fair value
1,191

 
1,261

Other assets
302

 
294

Total assets
$
14,452

 
$
14,544

Liabilities and shareholders’ equity
 

 
 

Unearned premium reserve
$
3,810

 
$
3,996

Loss and loss adjustment expense reserve
1,112

 
1,067

Reinsurance balances payable, net
58

 
51

Long-term debt
1,302

 
1,300

Credit derivative liabilities
489

 
446

Financial guaranty variable interest entities’ liabilities with recourse, at fair value
1,165

 
1,225

Financial guaranty variable interest entities’ liabilities without recourse, at fair value
119

 
124

Other liabilities
284

 
272

Total liabilities
8,339

 
8,481

Commitments and contingencies (See Note 14)

 

Common stock ($0.01 par value, 500,000,000 shares authorized; 135,083,637 and 137,928,552 shares issued and outstanding)
1

 
1

Additional paid-in capital
1,269

 
1,342

Retained earnings
4,519

 
4,478

Accumulated other comprehensive income, net of tax of $127 and $104
319

 
237

Deferred equity compensation (320,193 and 320,193 shares)
5

 
5

Total shareholders’ equity
6,113

 
6,063

Total liabilities and shareholders’ equity
$
14,452

 
$
14,544


The accompanying notes are an integral part of these consolidated financial statements.

1

Table of Contents

Assured Guaranty Ltd.

Consolidated Statements of Operations (unaudited)
 
(dollars in millions except per share amounts)

 
Three Months Ended March 31,
 
2016
 
2015
Revenues
 
 
 
Net earned premiums
$
183

 
$
142

Net investment income
99

 
101

Net realized investment gains (losses):
 
 
 
Other-than-temporary impairment losses
(20
)
 
(5
)
Less: portion of other-than-temporary impairment loss
recognized in other comprehensive income
(4
)
 
2

Net impairment loss
(16
)
 
(7
)
Other net realized investment gains (losses)
3

 
23

Net realized investment gains (losses)
(13
)
 
16

Net change in fair value of credit derivatives:
 
 
 
Realized gains (losses) and other settlements
8

 
21

Net unrealized gains (losses)
(68
)
 
103

Net change in fair value of credit derivatives
(60
)
 
124

Fair value gains (losses) on committed capital securities
(16
)
 
2

Fair value gains (losses) on financial guaranty variable interest entities
18

 
(7
)
Other income (loss)
34

 
(9
)
Total revenues
245

 
369

Expenses
 
 
 
Loss and loss adjustment expenses
90

 
18

Amortization of deferred acquisition costs
4

 
4

Interest expense
26

 
25

Other operating expenses
60

 
56

Total expenses
180

 
103

Income (loss) before income taxes
65

 
266

Provision (benefit) for income taxes
 
 
 
Current
30

 
13

Deferred
(24
)
 
52

Total provision (benefit) for income taxes
6

 
65

Net income (loss)
$
59

 
$
201

 
 
 
 
Earnings per share:
 
 
 
Basic
$
0.43

 
$
1.29

Diluted
$
0.43

 
$
1.28

Dividends per share
$
0.13

 
$
0.12

 
The accompanying notes are an integral part of these consolidated financial statements.

2

Table of Contents

Assured Guaranty Ltd.

Consolidated Statements of Comprehensive Income (unaudited)
 
(in millions)
 
 
Three Months Ended March 31,
 
2016
 
2015
Net income (loss)
$
59

 
$
201

Unrealized holding gains (losses) arising during the period on:
 
 
 
Investments with no other-than-temporary impairment, net of tax provision (benefit) of $31, and $1
95

 
18

Investments with other-than-temporary impairment, net of tax provision (benefit) of $(10) and $(2)
(17
)
 
(2
)
Unrealized holding gains (losses) arising during the period, net of tax
78

 
16

Less: reclassification adjustment for gains (losses) included in net income (loss), net of tax provision (benefit) of $(4) and $6
(6
)
 
10

Change in net unrealized gains on investments
84

 
6

Other, net of tax provision
(2
)
 
(6
)
Other comprehensive income (loss)
$
82

 
$
0

Comprehensive income (loss)
$
141

 
$
201

 
The accompanying notes are an integral part of these consolidated financial statements.

3

Table of Contents

Assured Guaranty Ltd.

Consolidated Statement of Shareholders’ Equity (unaudited)
 
For the Three Months Ended March 31, 2016
 
(dollars in millions, except share data)

 
Common Shares Outstanding
 
 
Common Stock Par Value
 
Additional
Paid-in
Capital
 
Retained Earnings
 
Accumulated
Other
Comprehensive Income
 
Deferred
Equity Compensation
 
Total
Shareholders’ Equity
Balance at December 31, 2015
137,928,552

 
 
$
1

 
$
1,342

 
$
4,478

 
$
237

 
$
5

 
$
6,063

Net income

 
 

 

 
59

 

 

 
59

Dividends ($0.13 per share)

 
 

 

 
(18
)
 

 

 
(18
)
Common stock repurchases
(3,038,928
)
 
 
0

 
(75
)
 

 

 

 
(75
)
Share-based compensation and other
194,013

 
 
0

 
2

 

 

 

 
2

Other comprehensive income

 
 

 

 

 
82

 

 
82

Balance at March 31, 2016
135,083,637

 
 
$
1

 
$
1,269

 
$
4,519

 
$
319

 
$
5

 
$
6,113

 
The accompanying notes are an integral part of these consolidated financial statements.

4

Table of Contents

Assured Guaranty Ltd.

Consolidated Statements of Cash Flows (unaudited)
 
(in millions)
 
 
Three Months Ended March 31,
 
2016
 
2015
Net cash flows provided by (used in) operating activities
$
(90
)
 
$
23

Investing activities
 

 
 

Fixed-maturity securities:
 

 
 

Purchases
(296
)
 
(448
)
Sales
162

 
841

Maturities
301

 
155

Net sales (purchases) of short-term investments
(63
)
 
420

Net proceeds from paydowns on financial guaranty variable interest entities’ assets
66

 
30

Other
2

 
3

Net cash flows provided by (used in) investing activities
172

 
1,001

Financing activities
 

 
 

Dividends paid
(18
)

(19
)
Repurchases of common stock
(75
)

(152
)
Share activity under option and incentive plans
0

 
(5
)
Net paydowns of financial guaranty variable interest entities’ liabilities
(42
)
 
(39
)
Repayment of long-term debt
0

 
(1
)
Other
(1
)
 
4

Net cash flows provided by (used in) financing activities
(136
)
 
(212
)
Effect of foreign exchange rate changes
0

 
(2
)
Increase (decrease) in cash
(54
)
 
810

Cash at beginning of period
166

 
75

Cash at end of period
$
112

 
$
885

Supplemental cash flow information
 

 
 

Cash paid (received) during the period for:
 

 
 

Income taxes
$
1

 
$
17

Interest
$
7

 
$
7

The accompanying notes are an integral part of these consolidated financial statements.

5

Table of Contents

Assured Guaranty Ltd.

Notes to Consolidated Financial Statements (unaudited)
 
March 31, 2016

1.
Business and Basis of Presentation
 
Business
 
Assured Guaranty Ltd. (“AGL” and, together with its subsidiaries, “Assured Guaranty” or the “Company”) is a Bermuda-based holding company that provides, through its operating subsidiaries, credit protection products to the United States (“U.S.”) and international public finance (including infrastructure) and structured finance markets. The Company applies its credit underwriting judgment, risk management skills and capital markets experience to offer financial guaranty insurance that protects holders of debt instruments and other monetary obligations from defaults in scheduled payments. If an obligor defaults on a scheduled payment due on an obligation, including a scheduled principal or interest payment (“Debt Service”), the Company is required under its unconditional and irrevocable financial guaranty to pay the amount of the shortfall to the holder of the obligation. The Company markets its financial guaranty insurance directly to issuers and underwriters of public finance and structured finance securities as well as to investors in such obligations. The Company guarantees obligations issued principally in the U.S. and the United Kingdom ("U.K."), and also guarantees obligations issued in other countries and regions, including Australia and Western Europe.

In the past, the Company sold credit protection by issuing policies that guaranteed payment obligations under credit derivatives, primarily credit default swaps ("CDS"). Financial guaranty contracts accounted for as credit derivatives are generally structured such that the circumstances giving rise to the Company’s obligation to make loss payments are similar to those for financial guaranty insurance contracts. The Company’s credit derivative transactions are governed by International Swaps and Derivative Association, Inc. (“ISDA”) documentation. The Company has not entered into any new CDS in order to sell credit protection since the beginning of 2009, when regulatory guidelines were issued that limited the terms under which such protection could be sold. The capital and margin requirements applicable under the Dodd-Frank Wall Street Reform and Consumer Protection Act also contributed to the Company not entering into such new CDS since 2009. The Company actively pursues opportunities to terminate existing CDS, which have the effect of reducing future fair value volatility in income and/or reducing rating agency capital charges.

Basis of Presentation
 
The unaudited interim consolidated financial statements have been prepared in conformity with accounting principles generally accepted in the United States of America (“GAAP”) and, in the opinion of management, reflect all adjustments that are of a normal recurring nature, necessary for a fair statement of the financial condition, results of operations and cash flows of the Company and its consolidated variable interest entities (“VIEs”) for the periods presented. The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities as of the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. These unaudited interim consolidated financial statements are as of March 31, 2016 and cover the three-month period ended March 31, 2016 ("First Quarter 2016") and the three-month period ended March 31, 2015 ("First Quarter 2015"). Certain financial information that is normally included in annual financial statements prepared in accordance with GAAP, but is not required for interim reporting purposes, has been condensed or omitted. The year-end balance sheet data was derived from audited financial statements.
 
The unaudited interim consolidated financial statements include the accounts of AGL, its direct and indirect subsidiaries (collectively, the “Subsidiaries”), and its consolidated VIEs. Intercompany accounts and transactions between and among all consolidated entities have been eliminated. Certain prior year balances have been reclassified to conform to the current year's presentation.
 
These unaudited interim consolidated financial statements should be read in conjunction with the consolidated financial statements included in AGL’s Annual Report on Form 10-K for the year ended December 31, 2015, filed with the U.S. Securities and Exchange Commission (the “SEC”).


6

Table of Contents

The Company's principal insurance company subsidiaries are:

Assured Guaranty Municipal Corp. ("AGM"), domiciled in New York;
Municipal Assurance Corp. ("MAC"), domiciled in New York;
Assured Guaranty Corp. ("AGC"), domiciled in Maryland;
Assured Guaranty (Europe) Ltd. ("AGE"), organized in the United Kingdom; and
Assured Guaranty Re Ltd. (“AG Re”), domiciled in Bermuda.

The Company’s organizational structure includes various holding companies, two of which - Assured Guaranty US Holdings Inc. (“AGUS”) and Assured Guaranty Municipal Holdings Inc. (“AGMH”) - have public debt outstanding. See Note 15, Long-Term Debt and Credit Facilities and Note 18, Subsidiary Information.

Future Application of Accounting Standards

Share-Based Payments

In March 2016, the Financial Accounting Standards Board issued Accounting Standards Update ("ASU") 2016-09, Compensation - Stock Compensation (Topic 718) - Improvements to Employee Share-Based Payment, which simplifies several aspects of the accounting for employee share-based payment transactions, including the accounting for income taxes, forfeitures, and statutory tax withholding requirements, as well as classification in the statement of cash flows.  The new guidance will require all income tax effects of awards to be recognized in the income statement when the awards vest or are settled. It also will allow an employer to repurchase more of an employee’s shares than it can today for tax withholding purposes without triggering liability accounting and to make a policy election to account for forfeitures as they occur.  The ASU is effective for fiscal years beginning after December 15, 2016, including interim periods within those fiscal years, and early adoption is permitted.  The Company is currently evaluating the effect of adopting this ASU on its Consolidated Financial Statements.

2.
Acquisitions

Consistent with one of its key business strategies of supplementing its book of business through acquisitions, the Company has acquired or agreed to acquire two financial guaranty companies within the last 12 months.

CIFG Holding Inc.
    
On April 12, 2016, AGC entered into an agreement and plan of merger to acquire CIFG Holding Inc. ("CIFG"), the parent of financial guaranty insurer CIFG Assurance North America, Inc. ("CIFG NA"). AGC expects to pay $450 million in cash to acquire CIFG, subject to adjustments as contemplated in the agreement, and the acquisition is expected to be completed mid-2016, subject to receipt of anti-trust and insurance regulatory approvals as well as satisfaction of customary closing conditions. CIFG’s stockholders have already approved the acquisition. As part of the transaction, CIFG NA will merge into AGC, which will be the surviving entity. As of December 31, 2015, CIFG had a consolidated insured portfolio of $5.6 billion of net par and approximately $637 million of consolidated qualified statutory capital.
    
Radian Asset Assurance Inc.

On April 1, 2015 (“Acquisition Date”), AGC completed the acquisition (“Radian Asset Acquisition”) of all of the issued and outstanding capital stock of financial guaranty insurer Radian Asset Assurance Inc. (“Radian Asset”) for $804.5 million. Radian Asset was merged with and into AGC, with AGC as the surviving company of the merger. The Radian Asset Acquisition added $13.6 billion to the Company's net par outstanding on April 1, 2015.

Please refer to Note 2, Acquisition of Radian Asset Assurance Inc., in Part II, Item 8. “Financial Statements and Supplementary Data” of AGL’s Annual Report on Form 10-K for the year ended December 31, 2015 for additional information on the acquisition of Radian Asset including the purchase price and the allocation of the purchase price to net assets acquired and the resulting bargain purchase gain and the gains on settlement of pre-existing relationships.


7

Table of Contents

3.    Rating Actions
 
When a rating agency assigns a public rating to a financial obligation guaranteed by one of AGL’s insurance company subsidiaries, it generally awards that obligation the same rating it has assigned to the financial strength of the AGL subsidiary that provides the guaranty. Investors in products insured by AGL’s insurance company subsidiaries frequently rely on ratings published by the rating agencies because such ratings influence the trading value of securities and form the basis for many institutions’ investment guidelines as well as individuals’ bond purchase decisions. Therefore, the Company manages its business with the goal of achieving strong financial strength ratings. However, the methodologies and models used by rating agencies differ, presenting conflicting goals that may make it inefficient or impractical to reach the highest rating level. The methodologies and models are not fully transparent, contain subjective elements and data (such as assumptions about future market demand for the Company’s products) and change frequently. Ratings are subject to continuous review and revision or withdrawal at any time. If the financial strength ratings of one (or more) of the Company’s insurance subsidiaries were reduced below current levels, the Company expects it could have adverse effects on the impacted subsidiary's future business opportunities as well as the premiums the impacted subsidiary could charge for its insurance policies.     

The Company periodically assesses the value of each rating assigned to each of its companies, and as a result of such assessment may request that a rating agency add or drop a rating from certain of its companies. For example, the Kroll Bond Rating Agency ("KBRA") ratings were first assigned to MAC in 2013 and to AGM in 2014 and the A.M. Best Company, Inc. ("Best") rating was first assigned to Assured Guaranty Re Overseas Ltd. ("AGRO") in 2015, while a Moody's Investors Service, Inc. ("Moody's") rating was never requested for MAC and was dropped from AG Re and AGRO in 2015.

In the last several years, Standard & Poor's Ratings Services ("S&P") and Moody's have changed, multiple times, their financial strength ratings of AGL's insurance subsidiaries, or changed the outlook on such ratings. More recently, KBRA and Best have assigned financial strength ratings to some of AGL's insurance subsidiaries. The rating agencies' most recent actions related to AGL's insurance subsidiaries are:

On December 8, 2015 Moody's published credit opinions maintaining its existing insurance financial strength ratings of A2 (stable outlook) on AGM and AGE and A3 (negative outlook) on AGC and AGC's subsidiary Assured Guaranty (UK) Ltd. ("AGUK"). Effective April 8, 2015, at the Company's request, Moody’s withdrew the financial strength ratings it had assigned to AG Re and AGRO.

On August 3, 2015 and December 10, 2015, KBRA affirmed the AA+ (stable outlook) financial strength ratings of MAC and AGM, respectively.

On June 29, 2015, S&P affirmed the AA (stable) financial strength ratings of all of AGL's insurance subsidiaries.

On May 5, 2015, Best assigned to AGRO a financial strength rating of A+ (Stable), which is their second highest rating.

There can be no assurance that any of the rating agencies will not take negative action on their financial strength ratings of AGL's insurance subsidiaries in the future.

For a discussion of the effects of rating actions on the Company, see the following:

Note 6, Financial Guaranty Insurance
Note 8, Financial Guaranty Contracts Accounted for as Credit Derivatives
Note 13, Reinsurance and Other Monoline Exposures
Note 15, Long-Term Debt and Credit Facilities

4.
Outstanding Exposure
 
The Company’s financial guaranty contracts are written in either insurance or credit derivative form, but collectively are considered financial guaranty contracts. The Company seeks to limit its exposure to losses by underwriting obligations that it views as investment grade at inception, although, as part of its loss mitigation strategy for existing troubled credits, it may underwrite new issuances that it views as below-investment-grade ("BIG"). The Company diversifies its insured portfolio across asset classes and, in the structured finance portfolio, requires rigorous subordination or collateralization requirements. Reinsurance may be used in order to reduce net exposure to certain insured transactions.


8

Table of Contents

     Public finance obligations insured by the Company consist primarily of general obligation bonds supported by the taxing powers of U.S. state or municipal governmental authorities, as well as tax-supported bonds, revenue bonds and other obligations supported by covenants from state or municipal governmental authorities or other municipal obligors to impose and collect fees and charges for public services or specific infrastructure projects. The Company also includes within public finance obligations those obligations backed by the cash flow from leases or other revenues from projects serving substantial public purposes, including utilities, toll roads, health care facilities and government office buildings. The Company also includes within public finance similar obligations issued by territorial and non-U.S. sovereign and sub-sovereign issuers and governmental authorities.

Structured finance obligations insured by the Company are generally issued by special purpose entities, including VIEs, and backed by pools of assets having an ascertainable cash flow or market value or other specialized financial obligations. Some of these VIEs are consolidated as described in Note 9, Consolidated Variable Interest Entities. Unless otherwise specified, the outstanding par and Debt Service amounts presented in this note include outstanding exposures on VIEs whether or not they are consolidated.

Surveillance Categories
 
The Company segregates its insured portfolio into investment grade and BIG surveillance categories to facilitate the appropriate allocation of resources to monitoring and loss mitigation efforts and to aid in establishing the appropriate cycle for periodic review for each exposure. BIG exposures include all exposures with internal credit ratings below BBB-. The Company’s internal credit ratings are based on internal assessments of the likelihood of default and loss severity in the event of default. Internal credit ratings are expressed on a ratings scale similar to that used by the rating agencies and are generally reflective of an approach similar to that employed by the rating agencies, except that the Company's internal credit ratings focus on future performance rather than lifetime performance.
 
The Company monitors its investment grade credits to determine whether any need to be internally downgraded to BIG and refreshes its internal credit ratings on individual credits in quarterly, semi-annual or annual cycles based on the Company’s view of the credit’s quality, loss potential, volatility and sector. Ratings on credits in sectors identified as under the most stress or with the most potential volatility are reviewed every quarter. The Company’s credit ratings on assumed credits are based on the Company’s reviews of low-rated credits or credits in volatile sectors, unless such information is not available, in which case, the ceding company’s credit rating of the transactions are used.
 
Credits identified as BIG are subjected to further review to determine the probability of a loss. See Note 5, Expected Loss to be Paid, for additional information. Surveillance personnel then assign each BIG transaction to the appropriate BIG surveillance category based upon whether a future loss is expected and whether a claim has been paid. For surveillance purposes, the Company calculates present value using a constant discount rate of 4% or 5% depending on the insurance subsidiary. (Risk-free rates are used for calculating the expected loss for financial statement measurement purposes.)
 
More extensive monitoring and intervention is employed for all BIG surveillance categories, with internal credit ratings reviewed quarterly. The Company expects “future losses” on a transaction when the Company believes there is at least a 50% chance that, on a present value basis, it will pay more claims in the future of that transaction than it will have reimbursed. The three BIG categories are:
 
BIG Category 1: Below-investment-grade transactions showing sufficient deterioration to make future losses possible, but for which none are currently expected.
 
BIG Category 2: Below-investment-grade transactions for which future losses are expected but for which no claims (other than liquidity claims, which are claims that the Company expects to be reimbursed within one year) have yet been paid.
 
BIG Category 3: Below-investment-grade transactions for which future losses are expected and on which claims (other than liquidity claims) have been paid.

Components of Outstanding Exposure

Unless otherwise noted, ratings disclosed herein on the Company's insured portfolio reflect its internal ratings. The Company classifies those portions of risks benefiting from reimbursement obligations collateralized by eligible assets held in trust in acceptable reimbursement structures as the higher of 'AA' or their current internal rating.


9

Table of Contents

The Company purchases securities that it has insured, and for which it has expected losses to be paid, in order to
mitigate the economic effect of insured losses ("loss mitigation securities"). The Company excludes amounts attributable to loss mitigation securities (unless otherwise indicated) from par and Debt Service outstanding, because it manages such securities as investments and not insurance exposure. The following table presents the gross and net debt service for all financial guaranty contracts.

Financial Guaranty
Debt Service Outstanding

 
Gross Debt Service
Outstanding
 
Net Debt Service
Outstanding
 
March 31,
2016
 
December 31,
2015
 
March 31,
2016
 
December 31,
2015
 
(in millions)
Public finance
$
496,630

 
$
515,494

 
$
476,362

 
$
494,426

Structured finance
42,012

 
43,976

 
40,037

 
41,915

Total financial guaranty
$
538,642

 
$
559,470

 
$
516,399

 
$
536,341


In addition to the amounts shown in the table above, the Company’s net mortgage guaranty insurance debt service was approximately $107 million as of March 31, 2016 and $102 million as of December 31, 2015, related to loans originated in Ireland. The increase in the net mortgage guaranty insurance debt service is due to exchange rate fluctuations.


Financial Guaranty Portfolio by Internal Rating
As of March 31, 2016

 
 
Public Finance
U.S.
 
Public Finance
Non-U.S.
 
Structured Finance
U.S
 
Structured Finance
Non-U.S
 
Total
Rating
Category
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
 
(dollars in millions)
AAA
 
$
2,541

 
0.9
%
 
$
688

 
2.3
%
 
$
13,953

 
45.8
%
 
$
2,529

 
49.4
%
 
$
19,711

 
5.7
%
AA
 
65,310

 
23.2

 
1,969

 
6.7

 
7,505

 
24.7

 
154

 
3.0

 
74,938

 
21.6

A
 
145,515

 
51.6

 
6,695

 
22.8

 
2,584

 
8.5

 
551

 
10.8

 
155,345

 
44.7

BBB
 
60,736

 
21.5

 
18,622

 
63.4

 
1,279

 
4.2

 
1,267

 
24.7

 
81,904

 
23.6

BIG
 
7,953

 
2.8

 
1,411

 
4.8

 
5,131

 
16.8

 
622

 
12.1

 
15,117

 
4.4

Total net par outstanding (1)
 
$
282,055

 
100.0
%
 
$
29,385

 
100.0
%
 
$
30,452

 
100.0
%
 
$
5,123

 
100.0
%
 
$
347,015

 
100.0
%
_____________________
(1)
Excludes $1.5 billion of loss mitigation securities insured and held by the Company as of March 31, 2016, which are primarily BIG.



10

Table of Contents

Financial Guaranty Portfolio by Internal Rating
As of December 31, 2015 

 
 
Public Finance
U.S.
 
Public Finance
Non-U.S.
 
Structured Finance
U.S
 
Structured Finance
Non-U.S
 
Total
Rating
Category
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
Net Par
Outstanding
 
%
 
 
(dollars in millions)
AAA
 
$
3,053

 
1.1
%
 
$
709

 
2.4
%
 
$
14,366

 
45.2
%
 
$
2,709

 
50.6
%
 
$
20,837

 
5.8
%
AA
 
69,274

 
23.7

 
2,017

 
6.8

 
7,934

 
25.0

 
177

 
3.3

 
79,402

 
22.1

A
 
157,440

 
53.9

 
6,765

 
22.9

 
2,486

 
7.8

 
555

 
10.3

 
167,246

 
46.7

BBB
 
54,315

 
18.6

 
18,708

 
63.2

 
1,515

 
4.8

 
1,365

 
25.5

 
75,903

 
21.2

BIG
 
7,784

 
2.7

 
1,378

 
4.7

 
5,469

 
17.2

 
552

 
10.3

 
15,183

 
4.2

Total net par outstanding (1)
 
$
291,866

 
100.0
%
 
$
29,577

 
100.0
%
 
$
31,770

 
100.0
%
 
$
5,358

 
100.0
%
 
$
358,571

 
100.0
%
_____________________
(1)
Excludes $1.5 billion of loss mitigation securities insured and held by the Company as of December 31, 2015, which are primarily BIG.

In addition to amounts shown in the tables above, the Company had outstanding commitments to provide guaranties of $240 million for public finance obligations as of March 31, 2016. The expiration dates for the public finance commitments range between April 1, 2016 and February 25, 2017, with $66 million expiring prior to the date of this filing and an additional $110 million expiring prior to December 31, 2016. The commitments are contingent on the satisfaction of all conditions set forth in them and may expire unused or be canceled at the counterparty’s request. Therefore, the total commitment amount does not necessarily reflect actual future guaranteed amounts.

Components of BIG Portfolio

Components of BIG Net Par Outstanding
(Insurance and Credit Derivative Form)
As of March 31, 2016

 
BIG Net Par Outstanding
 
Net Par
 
BIG 1
 
BIG 2
 
BIG 3
 
Total BIG
 
Outstanding
 
 
 
 
 
(in millions)
 
 
 
 
U.S. public finance
$
4,608

 
$
3,191

 
$
154

 
$
7,953

 
$
282,055

Non-U.S. public finance
882

 
529

 

 
1,411

 
29,385

Structured finance:
 
 
 
 
 
 
 
 
 
First lien U.S. residential mortgage-backed securities ("RMBS"):
 

 
 

 
 

 
 

 
 

Prime first lien
192

 
32

 
24

 
248

 
425

Alt-A first lien
125

 
66

 
507

 
698

 
1,238

Option ARM
50

 
7

 
78

 
135

 
235

Subprime
82

 
281

 
866

 
1,229

 
3,305

Second lien U.S. RMBS
225

 
47

 
1,100

 
1,372

 
1,474

Total U.S. RMBS
674

 
433

 
2,575

 
3,682

 
6,677

Triple-X life insurance transactions

 

 
216

 
216

 
2,650

Trust preferred securities (“TruPS”)
650

 
127

 

 
777

 
4,296

Student loans

 
68

 
81

 
149

 
1,815

Other structured finance
743

 
147

 
39

 
929

 
20,137

Total
$
7,557

 
$
4,495

 
$
3,065

 
$
15,117

 
$
347,015


11

Table of Contents

Components of BIG Net Par Outstanding
(Insurance and Credit Derivative Form)
As of December 31, 2015

 
BIG Net Par Outstanding
 
Net Par
 
BIG 1
 
BIG 2
 
BIG 3
 
Total BIG
 
Outstanding
 
 
 
 
 
(in millions)
 
 
 
 
U.S. public finance
$
4,765

 
$
2,883

 
$
136

 
$
7,784

 
$
291,866

Non-U.S. public finance
875

 
503

 

 
1,378

 
29,577

Structured finance:
 
 
 
 
 
 
 
 
 
First lien U.S. RMBS:
 

 
 

 
 

 
 

 
 

Prime first lien
225

 
34

 
25

 
284

 
445

Alt-A first lien
119

 
73

 
601

 
793

 
1,353

Option ARM
39

 
12

 
90

 
141

 
252

Subprime
146

 
228

 
930

 
1,304

 
3,457

Second lien U.S. RMBS
491

 
50

 
910

 
1,451

 
1,560

Total U.S. RMBS
1,020

 
397

 
2,556

 
3,973

 
7,067

Triple-X life insurance transactions

 

 
216

 
216

 
2,750

TruPS
679

 
127

 

 
806

 
4,379

Student loans
12

 
68

 
83

 
163

 
1,818

Other structured finance
672

 
151

 
40

 
863

 
21,114

Total
$
8,023

 
$
4,129

 
$
3,031

 
$
15,183

 
$
358,571



BIG Net Par Outstanding
and Number of Risks
As of March 31, 2016

 
 
Net Par Outstanding
 
Number of Risks(2)
Description
 
Financial
Guaranty
Insurance(1)
 
Credit
Derivative
 
Total
 
Financial
Guaranty
Insurance(1)
 
Credit
Derivative
 
Total
 
 
(dollars in millions)
BIG:
 
 

 
 

 
 

 
 

 
 

 
 

Category 1
 
$
6,585

 
$
972

 
$
7,557

 
202

 
12

 
214

Category 2
 
4,015

 
480

 
4,495

 
86

 
7

 
93

Category 3
 
2,938

 
127

 
3,065

 
129

 
12

 
141

Total BIG
 
$
13,538

 
$
1,579

 
$
15,117

 
417

 
31

 
448




12

Table of Contents

 BIG Net Par Outstanding
and Number of Risks
As of December 31, 2015

 
 
Net Par Outstanding
 
Number of Risks(2)
Description
 
Financial
Guaranty
Insurance(1)
 
Credit
Derivative
 
Total
 
Financial
Guaranty
Insurance(1)
 
Credit
Derivative
 
Total
 
 
(dollars in millions)
BIG:
 
 

 
 

 
 

 
 

 
 

 
 

Category 1
 
$
7,019

 
$
1,004

 
$
8,023

 
202

 
12

 
214

Category 2
 
3,655

 
474

 
4,129

 
85

 
8

 
93

Category 3
 
2,900

 
131

 
3,031

 
132

 
12

 
144

Total BIG
 
$
13,574

 
$
1,609

 
$
15,183

 
419

 
32

 
451

_____________________
(1)    Includes net par outstanding for VIEs.
 
(2)
A risk represents the aggregate of the financial guaranty policies that share the same revenue source for purposes of making Debt Service payments.
         
Exposure to Puerto Rico
    
The Company has insured exposure to general obligation bonds of the Commonwealth of Puerto Rico and various obligations of its related authorities and public corporations aggregating $5.1 billion net par as of March 31, 2016, all of which are rated BIG.

Puerto Rico has experienced significant general fund budget deficits in recent years. In addition to high debt levels, Puerto Rico faces a challenging economic environment.

In June 2014, the Puerto Rico legislature passed the Puerto Rico Public Corporation Debt Enforcement and Recovery Act (the "Recovery Act") in order to provide a legislative framework for certain public corporations experiencing severe financial stress to restructure their debt, including Puerto Rico Highway and Transportation Authority ("PRHTA") and Puerto Rico Electric Power Authority ("PREPA"). Subsequently, the Commonwealth stated PREPA might need to seek relief under the Recovery Act due to liquidity constraints. Investors in bonds issued by PREPA filed suit in the United States District Court for the District of Puerto Rico challenging the Recovery Act. On February 6, 2015, the U.S. District Court for the District of Puerto Rico ruled the Recovery Act is preempted by the U.S. Bankruptcy Code and is therefore void. On July 6, 2015, the U.S. Court of Appeals for the First Circuit upheld that ruling, and on December 4, 2015, the U.S. Supreme Court granted petitions for writs of certiorari relating to that ruling. Oral arguments were held on March 22, 2016. Typical Supreme Court practice suggests a decision could be announced in June 2016, but there is no assurance that an opinion will be announced at such time, especially in light of the Supreme Court vacancy.

On June 28, 2015, Governor García Padilla of Puerto Rico (the "Governor") publicly stated that the Commonwealth’s public debt, considering the current level of economic activity, is unpayable and that a comprehensive debt restructuring may be necessary, and he has made similar statements since then.

On September 9, 2015, the Working Group for the Fiscal and Economic Recovery of Puerto Rico (“Working Group”) established by the Governor published its “Puerto Rico Fiscal and Economic Growth Plan” (the “FEGP”). The FEGP included a recommendation that the Commonwealth’s advisors begin to work on a voluntary exchange offer to its creditors as part of the FEGP.
On November 30, 2015, and December 8, 2015, the Governor issued executive orders (“Clawback Orders”) directing the Puerto Rico Department of Treasury and the Puerto Rico Tourism Company to retain or transfer certain taxes pledged to secure the payment of bonds issued by PRHTA, PRIFA and Puerto Rico Convention Center District Authority ("PRCCDA"). On January 7, 2016 the Company sued various Puerto Rico governmental officials in the United States District Court, District of Puerto Rico asserting that this attempt to “claw back” pledged taxes is unconstitutional, and demanding declaratory and injunctive relief. The Puerto Rico credits insured by the Company impacted by the Clawback Orders are shown in the table “Puerto Rico Net Par Outstanding” below.

13

Table of Contents

On January 1, 2016 Puerto Rico Infrastructure Finance Authority ("PRIFA") defaulted on payment of a portion of the interest due on its bonds on that date. For those PRIFA bonds the Company had insured, the Company paid approximately $451 thousand of claims for the interest payments on which PRIFA had defaulted.

On April 6, 2016 the Governor signed into law the Puerto Rico Emergency Moratorium & Financial Rehabilitation Act (the “Moratorium Act”). The Moratorium Act purportedly empowers the Governor to declare a moratorium, entity by entity, on debt service payments on debt of the commonwealth and its related authorities and public corporations, as well as instituting a stay against related litigation, among other things. It is possible that a court may find any attempt to exercise the power to declare a moratorium on debt service payments purportedly granted by the Moratorium Act to be unconstitutional, and the impact of any attempt to exercise such power on the Puerto Rico credits insured by the Company is uncertain. Shortly after signing it into law, the Governor used the authority of the Moratorium Act to declare an emergency period with respect to the Government Development Bank (the “GDB”), placing restrictions on its disbursements and certain of its other activities and moving the clearing of payroll of Commonwealth and GDB employees from the GDB.

On April 30, 2016, the Governor signed an order under the Moratorium Act ordering a moratorium on the debt service payment of approximately $422 million due to be made by the GDB on May 2, 2016. On May 1, 2016, the GDB announced a tentative agreement with a group of creditors of the GDB (the “Ad Hoc Group”) for a restructuring of GDB’s notes and that the GDB would pay the interest due on May 2, 2016. According to the announcement, the Ad Hoc Group agreed to forbear from initiating litigation for 30 days during the pendency of negotiations. The GDB noted in its May 1 announcement that the tentative agreement requires 100% participation of the GDB’s creditors and that it would be unlikely to reach that level of participation without a restructuring law enabling it to bind non-consenting creditors. The Company does not insure any debt issued by the GDB.

There have been a number of other proposals, plans and legislative initiatives offered in Puerto Rico and in the United States aimed at addressing Puerto Rico’s fiscal issues. Among the responses proposed is a federal financial control board and access to bankruptcy courts or another restructuring mechanism. In addition, the Working Group has made several proposals for voluntary exchanges that include terms such as discounts, extensions and subordination. The final shape and timing of responses to Puerto Rico’s distress eventually enacted or implemented by Puerto Rico or the United States, if any, and the impact of any such actions on obligations insured by the Company, is uncertain and may differ substantially from the recommendations of the Working Group or any other proposals or plans described in the press or offered to date or in the future.

S&P, Moody’s and Fitch Ratings have lowered the credit rating of the Commonwealth’s bonds and on its public corporations several times over the past approximately two years, and the Commonwealth has disclosed its liquidity has been adversely affected by rating agency downgrades and by the limited market access for its debt, and also noted it has relied on short-term financings and interim loans from the GDB and other private lenders, which reliance has constrained its liquidity and increased its near-term refinancing risk.
PREPA

As of March 31, 2016, the Company had $744 million insured net par outstanding of PREPA obligations. On July 1, 2015, PREPA made full payment of the $416 million of principal and interest due on its bonds, including bonds insured by AGM and AGC. However, that payment was conditioned on and facilitated by AGM and AGC agreeing, also on July 1, to purchase a portion of $131 million of interest-bearing bonds to help replenish certain of the operating funds PREPA used to make the $416 million of principal and interest payments. On July 31, 2015, AGM and AGC purchased $74 million aggregate principal amount of those bonds; the bonds were repaid in full in 2016.

On December 24, 2015, AGM and AGC entered into a Restructuring Support Agreement (“RSA”) with PREPA, an ad hoc group of uninsured bondholders and a group of fuel-line lenders that would, subject to certain conditions, result in, among other things, modernization of the utility and a restructuring of current debt. Upon finalization of the contemplated restructuring transaction, insured PREPA revenue bonds (with no reduction to par or stated interest rate or extension of maturity) will be supported by securitization bonds issued by a special purpose corporation and secured by a transition charge assessed on ratepayers. To facilitate the securitization transaction, which enables PREPA to achieve debt relief and more efficient capital markets financing, Assured Guaranty will issue surety insurance policies in an aggregate amount not expected to exceed $113 million in exchange for a market premium and to support a portion of the reserve fund for the securitization bonds. Certain of the creditors also agreed, subject to certain conditions, to participate in a bridge financing. The Company’s share of the bridge financing is approximately $15 million. Legislation meeting the requirements of the RSA was enacted on February 16, 2016.  The closing of the restructuring transaction, the issuance of the surety bonds and the closing of the bridge financing are subject

14

Table of Contents

to certain conditions, including confirmation that the enacted legislation meets all requirements of the RSA and execution of acceptable documentation and legal opinions.
There can be no assurance that the conditions in the RSA will be met or that, if the conditions are met, the RSA's other provisions, including those related to the restructuring of the insured PREPA revenue bonds, will be implemented. In addition, the impact of the Moratorium Act or any attempt to exercise the power purportedly granted by the Moratorium Act on the implementation of the RSA is uncertain. PREPA, during the pendency of the agreements, has suspended deposits into its debt service fund.
    
PRHTA

As of March 31, 2016, the Company had $910 million insured net par outstanding of PRHTA (Transportation revenue) bonds and $369 million net par of PRHTA (Highway revenue) bonds. The Clawback Orders cover Commonwealth-derived taxes that are allocated to PRHTA. The Company believes that such sources represented a substantial majority of PRHTA’s revenues in 2015.

Puerto Rico Sales Tax Financing Corporation (“COFINA”)

As of March 31, 2016, the Company had $270 million insured net par outstanding of junior COFINA bonds, which are secured by a lien on certain sales and use taxes. There have been proposals from both the Commonwealth and from holders of certain senior COFINA bonds to restructure COFINA debt.

Puerto Rico Convention Center District Authority
    
As of March 31, 2016, the Company had $164 million insured net par outstanding of PRCCDA bonds, which are secured by certain hotel tax revenues. These revenues are sensitive to the level of economic activity in the area and are subject to the Clawback Orders.

Puerto Rico Aqueduct and Sewer Authority (“PRASA”)
    
As of March 31, 2016, the Company had $388 million insured par outstanding to PRASA bonds, which are secured by the gross revenues of the system. On September 15, 2015, PRASA entered into a settlement with the U.S. Justice Department and the U.S. Environmental Protection Agency that requires it to spend $1.6 billion to upgrade and improve its sewer system island-wide. According to a material event notice PRASA filed on March 4, 2016, it owed its contractors $140 million.

Municipal Finance Agency ("MFA")
As of March 31, 2016, the Company had $387 million net par outstanding of bonds issued by MFA secured by a pledge of local property tax revenues. On October 13, 2015, the Company filed a motion to intervene in litigation between Centro de Recaudación de Ingresos Municipales (“CRIM”) and the GDB in which CRIM was seeking to ensure that the pledged tax revenues are, and will continue to be, available to support the MFA bonds. While the Company’s motion to intervene was denied, the GDB and CRIM have reported that they executed a new deed of trust that requires the GDB, as fiduciary, to keep the pledged tax revenues separate from any other GDB monies or accounts and that governs the manner in which the pledged revenues may be invested and dispersed.

15

Table of Contents

The following tables show the Company’s insured exposure to general obligation bonds of Puerto Rico and various obligations of its related authorities and public corporations.
Puerto Rico
Gross Par and Gross Debt Service Outstanding

 
Gross Par Outstanding
 
Gross Debt Service Outstanding
 
March 31,
2016
 
December 31,
2015
 
March 31,
2016
 
December 31,
2015
 
(in millions)
Previously Subject to the Voided Recovery Act (1)
$
2,965

 
$
2,965

 
$
5,090

 
$
5,162

Not Previously Subject to the Voided Recovery Act
2,791

 
2,790

 
4,398

 
4,470

   Total
$
5,756

 
$
5,755

 
$
9,488

 
$
9,632

____________________
(1)
On February 6, 2015, the U.S. District Court for the District of Puerto Rico ruled that the Recovery Act is preempted by the U.S. Bankruptcy Code and is therefore void. On July 6, 2015, the U.S. Court of Appeals for the First Circuit upheld that ruling, and on December 4, 2015, the U.S. Supreme Court granted petitions for writs of certiorari relating to that ruling.


16

Table of Contents

Puerto Rico
Net Par Outstanding

 
 
As of
March 31, 2016
 
As of
December 31, 2015
 
 
Total
 
Internal Rating
 
Total
 
Internal Rating
 
 
(in millions)
Exposures Previously Subject to the Voided Recovery Act:
 
 
 
 
 
 
 
 
PRHTA (Transportation revenue) (1)
 
$
910

 
CCC-
 
$
909

 
CCC-
PREPA
 
744

 
CC
 
744

 
CC
PRASA
 
388

 
CCC
 
388

 
CCC
PRHTA (Highway revenue)(1)
 
369

 
CCC
 
370

 
CCC
PRCCDA (1)
 
164

 
CCC-
 
164

 
CCC-
Total
 
2,575

 
 
 
2,575

 
 
 
 
 
 
 
 
 
 
 
Exposures Not Previously Subject to the Voided Recovery Act:
 
 
 
 
 
 
 
 
Commonwealth of Puerto Rico - General Obligation Bonds
 
1,615

 
CCC
 
1,615

 
CCC
MFA
 
387

 
CCC-
 
387

 
CCC-
COFINA
 
270

 
CCC+
 
269

 
CCC+
Puerto Rico Public Buildings Authority
 
188

 
CCC
 
188

 
CCC
PRIFA (1) (2)
 
18

 
C
 
18

 
CCC-
University of Puerto Rico
 
1

 
CCC-
 
1

 
CCC-
Total
 
2,479

 
 
 
2,478

 
 
Total net exposure to Puerto Rico
 
$
5,054

 
 
 
$
5,053

 
 
____________________
(1)
The Governor issued executive orders on November 30, 2015, and December 8, 2015, directing the Puerto Rico Department of Treasury and the Puerto Rico Tourism Company to retain or transfer certain taxes and revenues pledged to secure the payment of bonds issued by PRHTA, PRIFA and PRCCDA. On January 7, 2016 the Company sued various Puerto Rico governmental officials in the United States District Court, District of Puerto Rico asserting that this attempt to “claw back” pledged taxes and revenues is unconstitutional, and demanding declaratory and injunctive relief.  

(2)
On January 1, 2016 PRIFA defaulted on full payment of a portion of the interest due on its bonds on that date. For those PRIFA bonds the Company had insured, the Company paid approximately $451 thousand of claims for the interest payments on which PRIFA had defaulted.
    

17

Table of Contents

The following table shows the scheduled amortization of the insured general obligation bonds of Puerto Rico and various obligations of its related authorities and public corporations. The Company guarantees payments of interest and principal when those amounts are scheduled to be paid and cannot be required to pay on an accelerated basis. In the event that obligors default on their obligations, the Company would only be required to pay the shortfall between the principal and interest due in any given period and the amount paid by the obligors.
     
Amortization Schedule of Puerto Rico Net Par Outstanding
and Net Debt Service Outstanding
As of March 31, 2016

 
Scheduled Net Par Amortization
 
Scheduled Net Debt Service Amortization
 
Previously Subject to the Voided Recovery Act
 
Not Previously Subject to the Voided Recovery Act
 
Total
 
Previously Subject to the Voided Recovery Act
 
Not Previously Subject to the Voided Recovery Act
 
Total
 
(in millions)
2016 (April 1 – June 30)
$
0

 
$
0

 
$
0

 
$
2

 
$
0

 
$
2

2016 (July 1 – September 30)
98

 
204

 
302

 
161

 
267

 
428

2016 (October 1 – December 31)
0

 
0

 
0

 
2

 
0

 
2

2017
51

 
171

 
222

 
175

 
288

 
463

2018
56

 
123

 
179

 
178

 
232

 
410

2019
74

 
130

 
204

 
192

 
232

 
424

2020
87

 
183

 
270

 
202

 
280

 
482

2021
66

 
59

 
125

 
177

 
146

 
323

2022
47

 
68

 
115

 
153

 
152

 
305

2023
110

 
40

 
150

 
214

 
123

 
337

2024
89

 
85

 
174

 
188

 
164

 
352

2025
111

 
85

 
196

 
206

 
159

 
365

2026-2030
590

 
353

 
943

 
974

 
660

 
1,634

2031-2035
583

 
548

 
1,131

 
838

 
761

 
1,599

2036-2040
308

 
271

 
579

 
427

 
355

 
782

2041-2045
137

 
159

 
296

 
206

 
174

 
380

2046-2047
168

 

 
168

 
181

 

 
181

Total
$
2,575

 
$
2,479

 
$
5,054

 
$
4,476

 
$
3,993

 
$
8,469



Exposure to the Selected European Countries

The European countries where the Company has exposure and believes heightened uncertainties exist are: Hungary, Italy, Portugal and Spain (collectively, the “Selected European Countries”). The Company’s direct economic exposure to the Selected European Countries (based on par for financial guaranty contracts and notional amount for financial guaranty contracts accounted for as derivatives) is shown in the following table, net of ceded reinsurance.

18

Table of Contents

Net Direct Economic Exposure to Selected European Countries(1)
As of March 31, 2016

 
Hungary
 
Italy
 
Portugal
 
Spain
 
Total
 
(in millions)
Sub-sovereign exposure(2)
$
271

 
$
827

 
$
84

 
$
375

 
$
1,557

Non-sovereign exposure(3)
179

 
458

 

 

 
637

Total
$
450

 
$
1,285

 
$
84

 
$
375

 
$
2,194

Total BIG (See Note 5)
$
379

 
$

 
$
84

 
$
375

 
$
838

____________________
(1)
While the Company’s exposures are shown in U.S. dollars, the obligations the Company insures are in various currencies, primarily Euros.
 
(2)
Sub-sovereign exposure in Selected European Countries includes transactions backed by receivables from or supported by sub-sovereigns, which are governmental or government-backed entities other than the ultimate governing body of the country.

(3)
Non-sovereign exposure in Selected European Countries includes debt of regulated utilities and RMBS.

The Company has excluded from the exposure tables above its indirect economic exposure to the Selected European Countries through policies it provides on pooled corporate and commercial receivables transactions. The Company calculates indirect exposure to a country by multiplying the par amount of a transaction insured by the Company times the percent of the relevant collateral pool reported as having a nexus to the country. On that basis, the Company has calculated exposure of $206 million to Selected European Countries (plus Greece) in transactions with $4.1 billion of net par outstanding. The indirect exposure to credits with a nexus to Greece is $6 million across several highly rated pooled corporate obligations with net par outstanding of $231 million.

5.
Expected Loss to be Paid
 
Loss Estimation Process

This note provides information regarding expected claim payments to be made under all contracts in the insured portfolio, regardless of the accounting model. The Company’s loss reserve committees estimate expected loss to be paid for all contracts by reviewing analyses that consider various scenarios with corresponding probabilities assigned to them. Depending upon the nature of the risk, the Company’s view of the potential size of any loss and the information available to the Company, that analysis may be based upon individually developed cash flow models, internal credit rating assessments and sector-driven loss severity assumptions or judgmental assessments.

The financial guaranties issued by the Company insure the credit performance of the guaranteed obligations over an extended period of time, in some cases over 30 years, and in most circumstances, the Company has no right to cancel such financial guaranties. The determination of expected loss to be paid is an inherently subjective process involving numerous estimates, assumptions and judgments by management, using both internal and external data sources with regard to frequency, severity of loss, economic projections, governmental actions, negotiations and other factors that affect credit performance. These estimates, assumptions and judgments, and the factors on which they are based, may change materially over a quarter, and as a result the Company’s loss estimates may change materially over that same period.

The Company does not use traditional actuarial approaches to determine its estimates of expected losses. Actual losses will ultimately depend on future events or transaction performance and may be influenced by many interrelated factors that are difficult to predict. As a result, the Company's current projections of probable and estimable losses may be subject to considerable volatility and may not reflect the Company's ultimate claims paid. For information on the Company's loss estimation process, please refer to Note 5, Expected Losses to be Paid, of Part II, Item 8, Financial Statements and Supplementary Data in AGL's Annual Report on Form 10-K for the year ended December 31, 2015.


19

Table of Contents

The following tables present a roll forward of the present value of net expected loss to be paid for all contracts, whether accounted for as insurance, credit derivatives or financial guaranty ("FG") VIEs, by sector, after the benefit for expected recoveries for breaches of representations and warranties ("R&W") and other expected recoveries. The Company used weighted average risk-free rates for U.S. dollar denominated obligations that ranged from 0.0% to 2.88% as of March 31, 2016 and 0.0% to 3.25% as of December 31, 2015.

Net Expected Loss to be Paid
After Net Expected Recoveries for Breaches of R&W
Roll Forward

 
First Quarter
 
2016
 
2015
 
(in millions)
Net expected loss to be paid, beginning of period
$
1,391

 
$
1,169

Economic loss development due to:
 
 
 
Accretion of discount
9

 
7

Changes in discount rates
63

 
7

Changes in timing and assumptions
(13
)
 
(17
)
Total economic loss development
59

 
(3
)
Paid losses
(113
)
 
(12
)
Net expected loss to be paid, end of period
$
1,337

 
$
1,154






20

Table of Contents

Net Expected Loss to be Paid
After Net Expected Recoveries for Breaches of R&W
Roll Forward by Sector
First Quarter 2016

 
Net Expected
Loss to be
Paid 
(Recovered)
as of
December 31, 2015 (2)
 
Economic Loss
Development
 
(Paid)
Recovered
Losses (1)
 
Net Expected
Loss to be
Paid 
(Recovered)
as of
March 31, 2016 (2)
 
(in millions)
Public Finance:
 
 
 
 
 
 
 
U.S. public finance
$
771

 
$
98

 
$
(5
)
 
$
864

Non-U.S. public finance
38

 
1

 

 
39

Public Finance
809

 
99

 
(5
)
 
903

Structured Finance:
 
 
 
 
 
 
 
U.S. RMBS:
 

 
 

 
 

 
 

First lien:
 

 
 

 
 

 
 

Prime first lien
(2
)
 
0

 
1

 
(1
)
Alt-A first lien
127

 
(16
)
 
(75
)
 
36

Option ARM
(28
)
 
(21
)
 
2

 
(47
)
Subprime
251

 
1

 
(12
)
 
240

Total first lien
348

 
(36
)
 
(84
)
 
228

Second lien
61

 
5

 
(1
)
 
65

Total U.S. RMBS
409

 
(31
)
 
(85
)
 
293

Triple-X life insurance transactions
99

 
4

 
(1
)
 
102

Student loans
54

 
(14
)
 
(8
)
 
32

Other structured finance
20

 
1

 
(14
)
 
7

Structured Finance
582

 
(40
)
 
(108
)
 
434

Total
$
1,391

 
$
59

 
$
(113
)
 
$
1,337



21

Table of Contents

Net Expected Loss to be Paid
After Net Expected Recoveries for Breaches of R&W
Roll Forward by Sector
First Quarter 2015

 
Net Expected
Loss to be
Paid (Recovered)
as of
December 31, 2014
 
Economic Loss
Development
 
(Paid)
Recovered
Losses (1)
 
Net Expected
Loss to be
Paid (Recovered
)
as of
March 31, 2015
 
(in millions)
Public Finance:
 
 
 
 
 
 
 
U.S. public finance
$
303

 
$
9

 
$
(2
)
 
$
310

Non-U.S. public finance
45

 
(3
)
 

 
42

Public Finance
348

 
6

 
(2
)
 
352

Structured Finance:
 

 
 

 
 

 
 

U.S. RMBS:
 

 
 

 
 

 
 

First lien:
 
 
 
 
 
 
 
Prime first lien
4

 
0

 
(1
)
 
3

Alt-A first lien
304

 
(5
)
 
(10
)
 
289

Option ARM
(16
)
 
4

 
(4
)
 
(16
)
Subprime
303

 
(1
)
 
(9
)
 
293

Total first lien
595

 
(2
)
 
(24
)
 
569

Second lien
(11
)
 
6

 
6

 
1

Total U.S. RMBS
584

 
4

 
(18
)
 
570

Triple-X life insurance transactions
161

 
5

 
(1
)
 
165

Student loans
68

 
(6
)
 

 
62

Other structured finance
8

 
(12
)
 
9

 
5

Structured Finance
821

 
(9
)
 
(10
)
 
802

Total
$
1,169

 
$
(3
)
 
$
(12
)
 
$
1,154

____________________
(1)
Net of ceded paid losses, whether or not such amounts have been settled with reinsurers. Ceded paid losses are typically settled 45 days after the end of the reporting period. Such amounts are recorded in reinsurance recoverable on paid losses included in other assets. The Company paid $2 million and $4 million in loss adjustment expenses ("LAE") for First Quarter 2016 and 2015, respectively.

(2)
Includes expected LAE to be paid of $9 million as of March 31, 2016 and $12 million as of December 31, 2015.



22

Table of Contents

Future Net R&W Benefit Receivable (Payable)(1)
 
 
As of
March 31, 2016
 
As of
December 31, 2015
 
(in millions)
U.S. RMBS:
 
 
 
First lien
$
(30
)
 
$
0

Second lien
77

 
79

Total
$
47

 
$
79

____________________
(1)
The Company’s agreements with providers of breaches of R&W generally provide for reimbursement to the Company as claim payments are made and, to the extent the Company later receives reimbursements of such claims from excess spread or other sources, for the Company to provide reimbursement to the R&W providers. See the section “Breaches of Representations and Warranties” for information about the R&W agreements and eligible assets held in trust with respect to such agreements. When the Company projects receiving more reimbursements in the future than it projects to pay in claims, the Company will have a net R&W payable.


The following tables present the present value of net expected loss to be paid for all contracts by accounting model, by sector and after the benefit for expected recoveries for breaches of R&W.  

Net Expected Loss to be Paid (Recovered)
By Accounting Model
As of March 31, 2016
 
Financial
Guaranty
Insurance
 
FG VIEs(1) and Other
 
Credit
Derivatives(2)
 
Total
 
(in millions)
Public Finance:
 
 
 
 
 
 
 
U.S. public finance
$
864

 
$

 
$
0

 
$
864

Non-U.S. public finance
39

 

 

 
39

Public Finance
903

 

 
0

 
903

Structured Finance:
 
 
 
 
 
 
 
U.S. RMBS:
 

 
 

 
 

 
 

First lien:
 

 
 

 
 

 
 

Prime first lien
2

 

 
(3
)
 
(1
)
Alt-A first lien
19

 
18

 
(1
)
 
36

Option ARM
(44
)
 

 
(3
)
 
(47
)
Subprime
148

 
55

 
37

 
240

Total first lien
125

 
73

 
30

 
228

Second lien
19

 
43

 
3

 
65

Total U.S. RMBS
144

 
116

 
33

 
293

Triple-X life insurance transactions
91

 

 
11

 
102

Student loans
32

 

 

 
32

Other structured finance
40

 
2

 
(35
)
 
7

Structured Finance
307

 
118

 
9

 
434

Total
$
1,210

 
$
118

 
$
9

 
$
1,337



23

Table of Contents

Net Expected Loss to be Paid (Recovered)
By Accounting Model
As of December 31, 2015

 
Financial
Guaranty
Insurance
 
FG VIEs(1) and Other
 
Credit
Derivatives(2)
 
Total
 
(in millions)
Public Finance:
 
 
 
 
 
 
 
U.S. public finance
$
771

 
$

 
$
0

 
$
771

Non-U.S. public finance
38

 

 

 
38

Public Finance