Category: Insurance

Your Government Reigning In Meaningless Speculative Arbitrage

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And surprise, surprise, it’s Sheila Bair’s FDIC that has put a stop to this bit of cheating.

All things considered, I think that as a rule of thumb, if Timothy “Eddie Haskell” hates a policy, like protecting consumers, or hates a person, like Sheila Bair or Elizabeth Warren,* you can be pretty sure that it’s a good policy or person, or at least that the policies/people are better than Geithner and his policies.

Case in point,the FDIC levying a fee on a form of bank arbitrage that had banks profiting at taxpayer expense:

The introduction of a new insurance charge on overnight borrowing by banks in the US has led to the collapse of a profitable arbitrage opportunity that financial groups have used to rebuild their balance sheets after the financial crisis, traders say.

The Federal Deposit Insurance Corporation, which guarantees deposits at US banks, on Friday began levying the charge on funds borrowed by banks in the overnight money markets.

The move is part of a plan to rebuild the FDIC’s deposit insurance fund after the failure of more than 350 banks since 2007. The charge is based on the risk rating of the borrower, but is believed to be about 15 basis points for larger banks.

In response, banks are abandoning trades in which they borrowed in the overnight Fed funds market – often from government-controlled mortgage finance companies Fannie Mae and Freddie Mac – at about 10bp-15bp, then deposited the money at the Federal Reserve at an overnight rate of 25bp.

Some dealers estimated these trades could have allowed banks to lock in profits of about $200m since late 2008, when the Fed began paying overnight interest of 25bp on so-called excess reserves.

“What some banks now face is that the FDIC has just ‘taxed’ the arbitrage that they have been playing,” said William O’Donnell, strategist at RBS Securities.

Understand this: the taxpayers own Fannie and Freddie, and the Federal Reserve, so this was basically free money for the banks to be the banks.

I’m sure that Geithner is mad as hell about this, because it’s shut down another way for banks to extract money from taxpayer money to firm up their balance sheets, but our esteemed Treasury Secretary can talk to Bender.

It’s nice to know that someone in the Obama White House, even if it is someone that they would rather not have there, is actually doing things that prevent this sort of looting by the financial industry.

*Have you ever wondered why all of Timmy’s sworn enemies always seem to be women? I wonder some times.

If You Think that Vermont Will Get a Waiver, You Are Smoking Some Good Shit

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The state of Vermont is seeking a waiver to allow it to set up a single payer healthcare system:

On February 8, newly inaugurated Democratic Gov. Peter Shumlin unveiled his plan for a publicly funded single-payer healthcare system, which was introduced into the state’s legislature. If enacted, which appears likely, it will be the first system of its kind in the United States and Vermont would become the first state to abolish most forms of private health insurance.

………

The state cannot “get this done,” however, unless it receives a waiver from the federal government to bypass the federal reform legislation. Shumlin thinks that won’t be a problem; Vermont’s entire congressional delegation—Sens. Bernie Sanders (I) and Patrick Leahy (D) and Rep. Peter Welch (D)—support the single-payer effort and introduced a measure to allow states to receive waivers from federal reform requirements as soon as 2014, as long as they cover as many uninsured people as federal law would. (They currently have to wait until 2017.) On February 28, President Barack Obama told state governors he would support the earlier date.

If anyone out there thinks that Barack Obama look at the nsurance industry, and take off the knee pads and put away his ChapStick in order to allow Vermont to render health insurers irrelevant, you are delusional.

FDIC Moves to Boost Assessments on Large Banks

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This is a good thing. If banks are too big to fail, then their insurance costs should reflect this:

The Federal Deposit Insurance Corp. proposed shifting the burden for protecting depositors against bank failures toward larger lenders whose reliance on riskier funding sources may pose a greater threat to the financial system.

The FDIC board today approved two proposals for overhauling assessments for its deposit insurance fund, including one that would base the fees on banks’ liabilities rather than their domestic deposits. The fee proposal, a response to the Dodd- Frank financial-regulation law, would increase assessments on banks with more than $10 billion in assets.

“This proposal achieves the goals of the Dodd-Frank Act to change the assessment base to better reflect risks to the deposit insurance fund,” said FDIC Chairman Sheila Bair. The measure is subject to a 45-day comment period.

If we make too big to fail too expensive to exist, I can live with that.

Economics Update

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We have two different data points, first mortgage delinquencies were up in the 3rd quarter, but we also saw that U.S. household debt shrunk by 0.9% over the same period.

So, are people paying down their debts, or are they having their debts written down by banks that realize that they will never get the money?

Coupled with this, crude oil is getting close to $90/bbl again, which may put another crimp in the economy.

Finally, the other shoe has dropped for monoliner bond insurer Ambac, and it has filed for bankruptcy, chapter 11 reorg, not chapter 7 liquidation.

Economics Update

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The lede here is that the Federal Reserved has announced another round of quantitative easing (printing money), $600 billion over the next 9 months, more than the the widely forecast $½ trillion, which pushed the US dollar down in currency markets.

Accompanying the statement was a mild, to my mind too mild, statement about how the recovery is not progressing as rapidly as planned.

With the Michigan Consumer Sentiment Index falling, and US GDP growing at a truly anemic 2% rate, I think that they are being too timid, though there is good news with the Chicago Purchasing Managers Index, the Institute for Supply Management’s manufacturing index and non-manufacturing index, and ADP’s private employment survey: all show an increase.

Even more significantly, it appears that retail sales are beating expectations, which may bode well for the all-important holiday shopping season.

Still, real estate looks dead, with mortgage applications remaining flat despite historically low rates.

BTW, here is a blast from the past, monoliner bond insurer Ambac is warning that it might go bankrupt this year.

I’m wondering if this will put a whole raft of municipal bonds in technical default, since if Ambac goes BK, then it no longer has an obligation to fulfill its insurance contracts.

I really don’t know. Does anyone else know?

Full Fed Statement after break:

Press Release

Release Date: November 3, 2010

For immediate release

Information received since the Federal Open Market Committee met in September confirms that the pace of recovery in output and employment continues to be slow. Household spending is increasing gradually, but remains constrained by high unemployment, modest income growth, lower housing wealth, and tight credit. Business spending on equipment and software is rising, though less rapidly than earlier in the year, while investment in nonresidential structures continues to be weak. Employers remain reluctant to add to payrolls. Housing starts continue to be depressed. Longer-term inflation expectations have remained stable, but measures of underlying inflation have trended lower in recent quarters.

Consistent with its statutory mandate, the Committee seeks to foster maximum employment and price stability. Currently, the unemployment rate is elevated, and measures of underlying inflation are somewhat low, relative to levels that the Committee judges to be consistent, over the longer run, with its dual mandate. Although the Committee anticipates a gradual return to higher levels of resource utilization in a context of price stability, progress toward its objectives has been disappointingly slow.

To promote a stronger pace of economic recovery and to help ensure that inflation, over time, is at levels consistent with its mandate, the Committee decided today to expand its holdings of securities. The Committee will maintain its existing policy of reinvesting principal payments from its securities holdings. In addition, the Committee intends to purchase a further $600 billion of longer-term Treasury securities by the end of the second quarter of 2011, a pace of about $75 billion per month. The Committee will regularly review the pace of its securities purchases and the overall size of the asset-purchase program in light of incoming information and will adjust the program as needed to best foster maximum employment and price stability.

The Committee will maintain the target range for the federal funds rate at 0 to 1/4 percent and continues to anticipate that economic conditions, including low rates of resource utilization, subdued inflation trends, and stable inflation expectations, are likely to warrant exceptionally low levels for the federal funds rate for an extended period.

The Committee will continue to monitor the economic outlook and financial developments and will employ its policy tools as necessary to support the economic recovery and to help ensure that inflation, over time, is at levels consistent with its mandate.

Voting for the FOMC monetary policy action were: Ben S. Bernanke, Chairman; William C. Dudley, Vice Chairman; James Bullard; Elizabeth A. Duke; Sandra Pianalto; Sarah Bloom Raskin; Eric S. Rosengren; Daniel K. Tarullo; Kevin M. Warsh; and Janet L. Yellen.

Voting against the policy was Thomas M. Hoenig. Mr. Hoenig believed the risks of additional securities purchases outweighed the benefits. Mr. Hoenig also was concerned that this continued high level of monetary accommodation increased the risks of future financial imbalances and, over time, would cause an increase in long-term inflation expectations that could destabilize the economy.

Statement from Federal Reserve Bank of New York Leaving the Board

More of This, Please…

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The state of Michigan and the Department of Justice have filed an anti-trust suit against Blue Cross Blue Shield of Michigan:

The Justice Department filed an antitrust suit Monday against Blue Cross Blue Shield of Michigan, accusing the giant health insurer of using its market clout to stifle competition and cause consumers covered by other health plans to pay more for hospital care.

The lawsuit, filed in U.S. District Court in Detroit and joined by the state of Michigan, said Blue Cross contracts with at least 70 of the acute care hospitals in the state force them to raise prices and prevent other insurers from competing with them.

Antitrust officials say the provisions likely resulted in Michigan consumers paying higher prices.

Here is hoping that they get nailed to the wall.

Another Way That the FIRE* Sector Cheats Ordinary Americans

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If you get a large insurance payout, they won’t send you the money, they just send you a “check book,” and keep your money in an account that they hold.

Only the “check book” is not a check book, because it’s not a bank, and it’s not FDIC insured, and they pay you 1% for an account that earns them 5%:

Lohman, a public health nurse who helps special-needs children, says she had always believed that her son’s life insurance funds were in a bank insured by the FDIC. That money — like $28 billion in 1 million death-benefit accounts managed by insurers — wasn’t actually sitting in a bank.

It was being held in Prudential’s general corporate account, earning investment income for the insurer. Prudential paid survivors like Lohman 1 percent interest in 2008 on their Alliance Accounts, while it earned a 4.8 percent return on its corporate funds, according to regulatory filings.

Note that her son was a soldier killed in Afghanistan, so they are stealing from the bereaved families of fallen soldiers.

At this point, I normally say, “Not Enough Bullets,” but I’ve used that a bit too much lately, so I will go with the apocryphal end of Marcus Licinius Crassus, who was made to drink molten gold by his captors as punishment for his greed.

*The Finance Insurance and Real Estate sector.

Penny Wise and Pound Foolish

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On Thursday, Sharon* spent 6 hours in the emergency room with severe chest pains.

It turned out that it was her long-standing problems with acid reflux, so it was not a heart attack, it was heart burn.

Well, because of Sharon’s* sensitivities, allergies, and odd interactions between her body chemistry and drugs, there is currently only one drug on the market, the proton pump inhibitor Dexilant, on the market which can address this.

She’s tried all the other ones, and they don’t work, but the insurance company drones have decided that it’s a good idea to deny the authorization to save a few bucks.

We are appealing.

How many f$#@ing trips to the ER with symptoms of a heart attack, which they cover at 100% does it take to wipe out any savings?

Well, let me give you a hint,we have already blown through that with the first trip to the ER.

Not enough bullets.

*Love of my life, light of the cosmos, she who must be obeyed, my wife.

If the Supreme Court Says that They are People

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Can we throw Assurant Health in jail for attempted murder:

In May, 2002, Jerome Mitchell, a 17-year old college freshman from rural South Carolina, learned he had contracted HIV. The news, of course, was devastating, but Mitchell believed that he had one thing going for him: On his own initiative, in anticipation of his first year in college, he had purchased his own health insurance.

Shortly after his diagnosis, however, his insurance company, Fortis, [now Assurant] revoked his policy. Mitchell was told that without further treatment his HIV would become full-blown AIDS within a year or two and he would most likely die within two years after that.

…………

Previously undisclosed records from Mitchell’s case reveal that Fortis had a company policy of targeting policyholders with HIV. A computer program and algorithm targeted every policyholder recently diagnosed with HIV for an automatic fraud investigation, as the company searched for any pretext to revoke their policy. As was the case with Mitchell, their insurance policies often were canceled on erroneous information, the flimsiest of evidence, or for no good reason at all, according to the court documents and interviews with state and federal investigators.

…………

In the motions, [presiding judge, Michael G. ] Nettles not only strongly denied Fortis‘ claims but condemned the corporation’s conduct.

“There was evidence that Fortis‘ general counsel insisted years ago that members of the rescission committee not record the identity of the persons present and involved in the process of making a decision to rescind a Fortis health insurance policy,” Nettles wrote.

Elsewhere in his order, Nettles noted that there were no “minutes of actions, votes, or any business conducted during the rescission committee’s meeting.”

The South Carolina Supreme Court, in upholding the jury’s verdict in the case in a unanimous 5-0 opinion, said that it agreed with the lower court’s finding that Fortis destroyed records to hide the corporation’s misconduct. Supreme Court Chief Justice Jean Hoefer Toal wrote: “The lack of written rescission policies, the lack of information available regarding appealing rights or procedures, the separate policies for rescission documents” as well as the “omission” of other records regarding the decision to revoke Mitchell’s insurance, constituted “evidence that Fortis tried to conceal the actions it took in rescinding his policy.”

They were engaging in actions in which they knew that they were defrauding their customers, a felony, and they knew that there was a significant livelihood of death resulting, which makes this felony murder, and perhaps 1st degree murder .

It’s nice that Mr. Mitchell got his money, but the company and its agents need to go to jail.

BTW, this is Murray Waas reporting this, and I would argue that he is one of the 5 best investigative reporters out there.

Little Timothy Geithner has Been a Bad, Bad, Boy

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Bloomberg is reporting that the New York Bank of the Federal Reserve instructed AIG not to make disclosures that SEC regulators were demanding regarding their payouts on swap contracts (The New York Times has more, including copies of the emails in questions, which I’ve posted below.):

The Federal Reserve Bank of New York, then led by Timothy Geithner, told American International Group Inc. to withhold details from the public about the bailed-out insurer’s payments to banks during the depths of the financial crisis, e-mails between the company and its regulator show.

AIG said in a draft of a regulatory filing that the insurer paid banks, which included Goldman Sachs Group Inc. and Societe Generale SA, 100 cents on the dollar for credit-default swaps they bought from the firm. The New York Fed crossed out the reference, according to the e-mails, and AIG excluded the language when the filing was made public on Dec. 24, 2008. The e-mails were obtained by Representative Darrell Issa, ranking member of the House Oversight and Government Reform Committee.

Now, I take anything from Darrell Issa with a grain of salt, he’s a liar, and one of the rather more corrupt Republican members of Congress, but seeing as how House Banking Committee Chairman Barney Frank is saying that this is “Troubling,” and he wants hearings, and both Edolphus Towns, Chairman, and Elijah Cummings, member, of the House Oversight and Government Reform Committee, have been screaming about getting a hearing about this, it seems that Frank may get his wish.

The big deal here is that the NY Fed took over negotiations, and paid off AIG’s swaps at 100¢ on the dollar, which is pretty much unheard of, and at the time that this information was being suppressed, Geithner was already the nominee to be Secretary of the Treasury:

This episode suggests that the NY Fed – and Geithner, then a nominee for Secretary of the Treasury – were worried about any political fallout from the swap payments. When the details were released months later (and after Geithner was confirmed as Treasury Secretary), critics alleged that Geithner had failed to negotiate a better deal for the swap payments with the Wall Street firms.

They perpetuated a fraud upon the American public and on Congress, because little Timmy wanted to be SecTreas.

The New York Fed is now saying that Geithner was uninvolved in the decision to suppress this information, but it’s a no-win situation.

Geithner was front and center in making sure that the swaps were paid off at face value, so the attempt to suppress the date was either because he was covering his own ass., or because he was incompetent and uninvolved, and the Fed bureaucracy bailed him out because they saw him as being the Fed’s Bitch*.

FWIW, I think that this was all part of the campaign by the bureaucracy of the Fed to make Geithner Secretary of the Treasury, though Felix Salmon has a point when he says that the completely over the top culture of secrecy at the central bank was has always been a flaw in the culture of the institution: Independence does not equal secrecy, though the Fed always has seen it that way.

David Dayen at FDL makes the cogent point that even if the payouts were legal, it appears that the cover-up was not legal.

The real problem, as Barry Ritholtz so ably notes, is as follows:

Between Summers and Geithner, it appears that President Obama has made the exact same mistake that one George W. Bush did: Instead of filling his administration’s most important posts with his own people, he reached back to prior admins (Cheney, Rumsfeld, etc) and loaded up on incompetent retreads.

(emphasis mine)

One thing is certain though, that the case for auditing the Federal Reserve has been made much stronger by the most recent scandal.

*A good bet, since the history shows that Timothy Geithner has been the bitch of anything remotely close to a bank or a brokerage his entire career.

Emails reproduced after break:

E-mails from N.Y. Fed to A.I.G. to Not Disclose Counterparty Payments

A Very Good Idea

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The FDIC is looking to use a formula for its insurance fees that is driven by banker pay:

U.S. regulators are set to consider a plan that would tie the amount banks pay for deposit insurance to the riskiness of the institutions’ pay structures, a source familiar with the matter said Thursday.

Under the proposal to be considered next week by the board of the Federal Deposit Insurance Corp, banks that base compensation on solid performance metrics and include measures such as “clawbacks” would pay less for deposit insurance, the source said, speaking anonymously because the proposal has not yet been released.

Banks with riskier schemes that reward short-term gains would have to pay higher fees.

This is a good start, but it’s too easy for the bankers to game, and gaming financial contracts is what bankers do.

Set the fee based on total remuneration of the highest paid person at the bank, including bonuses.

For each multiple of the President of the United State’s salary ($400K) raise the insurance fee by 1 basis point (0.01%).

If your highest paid guy gets $4 million in a year, the surcharge is a manageable 0.1%, if he gets $40 million a year, it’s 1%, if it’s $70,324,352, which is what Lloyd Blankfein received in 2007, then it is 1¾%.

That should cut down on banker bonuses.

Hell, make it a payroll tax, and apply it to businesses across the board. It would cut down on overpaid athletes too.

Not Enough Bullets

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Yep, here’s another example morality, or lack thereof, of the American “Entrepreneur with someone else’s Money,” usually abbreviated to MBA, class. While executives were running companies, like UAL, LTV, WestPoint Stevens, Polaroid, Reliance Insurance, and Pillowtex into the ground, they were taking hundreds of millions of dollars in salaries:

UAL Corp., US Airways Group Inc. and eight other companies paid executives $350 million in the five years before the U.S. was forced to take over their under-funded employee pension plans, a government report said.

One airline company missed $979 million in required pension contributions while its top three executives took $55.5 million in compensation, and another paid four executives $120.4 million amid two bankruptcies, a Government Accountability Office report today found. Data including dates of the pension terminations, stock awards and pay levels show the unnamed companies were UAL, the parent of United Airlines, and US Airways.

Benefits to retirees were cut in some cases by as much as two-thirds, as executives got salary increases, stock awards, retention bonuses and other pay, the GAO said in a report that studied pension takeovers from 2002 through 2005. Representative George Miller of California is considering legislation that will freeze executive compensation if a company’s rank-and-file pension plan becomes significantly under-funded.

The problem here is that the Federal Pension Guarantee Corporation (FPGC) had to take over their pensions, at what will eventually be a cost of billions to the taxpayers, in addition to cutting pensions of ordinary guys who played by the rules and did their jobs to the best of their abilities.

Here’s an idea: If the FPGC has to take over a pension, they get to claw back anything that senior executives got over the pay of the President of the US for the preceding 10 years.

Then maybe, just maybe, these guys won’t use the pension funds to juice the numbers for this year’s bonuses.

Economics Update

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Click for full size

Unemployment, H/t Calculated Risk

Today is Jobless Thursday, and new jobless claims fell to 503,000, down from 514,000 (revised from 512K_) the lowest since January, with the 4 week moving average falling to 519,750 from last week’s 524,250, and continuing claims fell to 5.63 million.

This is good news, but we need to be down to about 400K a week to be in jobless recovery, as opposed to “job-loss recovery”, mode, (see graph pr0n, right) so there is still a way to go.

I would note that the metrics that involve moving physical objects, like port and truck traffic, and this week’s report on rail traffic from the AAR are still week. with traffic in October down 15.3% from a year ago, and down 0.3% from September.

It looks like bad news for the monoliner bond insurers is heating up, with French bond insurer CIFG is on a path to an insolvency filing.

In real estate, mortgage applications hit a 9-year low, despite the fact that the 30-year fixed mortgage fell again.

Additionally, we have dueling headlines, with CNBC saying, “Foreclosures Fall Again,” (true, though the call the improvement “fleeting”) but Bloomberg saying that, “U.S. Foreclosure Filings Surpass 300,000 for 8th Straight Month.” (also true.

Your call as to hed is the right one.

Meanwhile, there was an auction for 30 year Treasuries, and prices fell, because….Hell, I don’t know why they fell….Maybe inflation concerns, since the 3 and 10-year auctions were fairly well received.

Then we have our last bit, energy and currency, and oil fell, largely on an unexpectedly high inventory numbers, and the dollar rose, as investors looked for a safe haven.