Buffett's Berkshire Hathaway Assumes AIG's Asbestos Risk

A property and casualty unit of bailed-out insurer American International Group Inc. is transferring billions of dollars in potential asbestos liabilities to a subsidiary of Warren Buffett's Berkshire Hathaway Inc.

(April 24, 2011) — Warren Buffett’s Berkshire Hathaway will get$1.65 billion from Chartis, a property and casualty unit of bailed-out insurer American International Group (AIG), for assuming its risk of asbestos policies.

The agreement reflects AIG’s aims to buy protection against asbestos-related claims, which have become increasingly high for insurers, in an effort to slash its liabilities.

AIG, which has been under state control since its near-bankruptcy in 2008, said the transaction would result in a gain before taxes of around $200 million in the second quarter. As part of the deal with the insurance giant, Berkshire Hathaway’s National Indemnity will take on as much as $3.5 billion in potential claims related to asbestos exposure.

“We believe that this transaction is beneficial for Chartis, as it will reduce the risk of future adverse development of US asbestos exposures, including the risk associated with the recoverability of related reinsurance,” Peter Hancock, the recently named chief executive of Chartis, said in a statement.

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The deal follows similar ones made by Buffett, who has been attracted to the long-term nature of insurance payouts. Last year, Buffett received $2 billion in premiums to cover the asbestos liabilities of the insurer CNA Financial Corp. In February, Buffett revealed that he was on the lookout for more big-time deals after Berkshire Hathaway posted its strongest profits since the start of the financial crisis.

Risk transfer deals have also been growing in popularity among UK pensions, which are transferring risk to insurance companies, driven by M&A activity, a growing number of closures and part-closures of defined benefit pension schemes, and concerns over longevity risk. The evidence of this comes from a March report by Hymans Robertson that showed UK pension buyouts, in which an entire scheme is passed to a specialist insurer, are becoming more and more prevalent.

Another example illustrating the growing popularity of risk transfer deals is the Pension Insurance Corporation’s (PIC) February decision to reinsure $799 million of longevity risk to better manage risk and more effectively compete for new business. According to some forecasts, more than $24 billion worth of pension risks could be passed on to insurers this year. PIC has said its transactions indicate the insurer’s desire to focus on risk management and on the efficient allocation of capital.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Commission Orders $30 Million Fine Against Ex-Amaranth Trader for Market-Manipulation

The Federal Energy Regulatory Commission (FERC) has fined Brian Hunter, once one of the most renowned energy traders, $30 million for his role in a scheme that manipulated prices in the natural gas futures market.

(April 23, 2011) — The Federal Energy Regulatory Commission (FERC), which oversees trading in gas and electricity, has fined ex-trader Brian Hunter $30 million for allegedly manipulating the natural-gas futures market, leading to the collapse of the hedge fund he worked for.

The case brings to light heightened efforts to investigate accusations of profiteering and manipulation in the oil and gas markets and comes as a warning to commodities traders, who have faced rising scrutiny as prices of raw materials have soared.

The US agency ordered the former Amaranth Advisors LLC trader to pay the $30 million civil penalty — the largest levied by the FERC since Congress expanded the regulator’s powers in 2005 — for violating the Commission’s anti-manipulation rules. The FERC alleged that Hunter manipulated the price of contracts on the New York Mercantile Exchange in 2006 while raising the value of financial derivatives, leading to $6 billion in losses.

Hunter, who rose in prominence at hedge fund Amaranth Advisors before it collapsed in 2006 after a series of bad bets on the future price of natural gas, has less than 30 days to pay the penalty to the United States Treasury, the FERC said in a statement.

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The penalty stems from charges in 2007 against Connecticut-based Amaranth, Hunter, and fellow trader Matthew Donohoe. While Amaranth and Donohoe settled in 2009 for a combined $7.5 million, Hunter was uninvolved in that agreement and litigation against him continued. Last year, a FERC administrative law judge ruled that Hunter violated the anti-manipulation rule. In setting the penalty at $30 million, the FERC concluded in a statement that the amount is “appropriate and sufficient to discourage Hunter and others from engaging in market manipulation.” Meanwhile, the Commodity Futures Trading Commission (CFTC), which has jurisdiction over the financial derivatives used to bet on commodities, has a separate civil suit against Hunter.

Michael Kim, an attorney at Kobre & Kim LLP in New York who represents Hunter, responded to the fine in a e-mailed statement to Bloomberg: “The FERC has no jurisdiction according to Congress and the CFTC; therefore this means nothing.” Hunter responded to the fine saying that the FERC lacks jurisdiction over his trading activities because he is a Canadian citizen and that the FERC overstepped its authority by probing futures trades, the Wall Street Journal reported.

In response to the $30 million civil penalty against Hunter and heightened scrutiny over oil price manipulation, Eric Holder, US attorney general, said in a written statement released at the Justice Department: “We will be vigilant in monitoring the oil and gas markets for any wrongdoing so that consumers can be confident they are not paying higher prices as a result of illegal activity.”

The increased scrutiny over high gasoline prices and questions over fraud and abuse has also prompted the Justice Department to keep a closer eye on the energy industry, forming a new team — the “Oil and Gas Price Fraud Working Group” — to help ensure consumers are not victims of price manipulation.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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