OLDWICK, N.J., MAY 23, 2003A.M. Best Co. has downgraded the financial strength rating to B (Fair) from B++ (Very Good) on National Warranty Insurance Risk Retention Group (NWIC) (Lincoln, NE). The rating has been placed under review with negative implications.
A.M. Best believes the business and liquidity positions of NWIC are adversely affected by a recent dispute with the purported obligor regarding the non-payment of claims on a program under a bordereaux assignment agreement entered into December 2002. Under the agreement, NWIC was to remain as the third party administrator. In response to the unpaid claims, a number of lending institutions have notified dealers that they will not lend money on NWIC insured vehicle service contracts. Consequently, NWIC may lose most of its other business because of the refusal of lending institutions to finance. The potential unpaid claims related to the disputed program may exceed $60 million. In A.M. Best's opinion, NWIC's dispute could significantly impair the organization's ability to satisfy its policyholders' obligations.
The downgrade and under review status reflect NWIC's difficulties in securing support for the immediate financial restructuring of the bordereaux. Even if a proposed workout plan on the bordereaux dispute is secured, this initiative would not measurably mitigate the operational risk factors exposing the organization's assets to further erosion. The proposed workout plan would involve a significant loan from NWIC to the obligor to initiate claim payments.
Additionally, NWIC has indicated its independent auditor will not issue an opinion in the 2002 Independent Auditor's Report due to questions on overall reserving adequacy, including potential liabilities related to the aforementioned dispute. Therefore, surplus declines may also be driven by miscalculation of its reported liabilities. Through the first quarter 2003, NWIC also reported continued deterioration in operating performance.
A.M. Best will continue to monitor the company's progress on these issues. Nevertheless, further downgrades are possible should ongoing financial restructuring of the bordereaux and a completed reserve analysis fail to adequately resolve A.M. Best's concerns with regard to liquidity and capitalization. A.M. Best downgraded the rating on March 7, 2003, due to deterioration in performance during 2002, reserve uncertainty and capital and liquidity concerns, which was only alleviated by a capital infusion of $4 million.
A.M. Best Co., established in 1899, is the world's oldest and most authoritative insurance rating and information source.
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