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GAO-06-424R 1 (2006-02-23)

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    G AO

         Aco untability * Integrity * Reliability
United States Government Accountability Office
Washington, D.C. 20548



                                    February 23, 2006

                                    The Honorable Michael G. Oxley
                                    Chairman
                                    Committee on Financial Services
                                    House of Representatives

                                    Subject: Definitions of Insurance and Related Information

                                    Dear Mr. Chairman:

                                    This letter transmits to you our briefing slides concerning a variety of
                                    issues related to identifying a universal definition of insurance and the
                                    challenges associated with doing so. We briefed your committee staff on
                                    the preliminary results of our work on June 24, 2005, and on our final
                                    results on November 29, 2005. Specifically, we provided information on (1)
                                    the elements that are commonly part of definitions of insurance, (2) a few
                                    products not universally defined as insurance or regulated across the states
                                    by their insurance departments, (3) possible regulatory implications of
                                    developing separate definitions for insurance products covering insurance
                                    risks in more than one category, (4) current developments in statutory and
                                    financial accounting communities in re-evaluating their guidelines for
                                    measuring risk transfer in reinsurance contracts, and (5) certain
                                    circumstances when finite risk contracts are used.

                                    We focused on insurance and reinsurance in the private sector and
                                    excluded federal insurance programs. We identified elements crucial to
                                    defining or developing a definition of insurance, but we did not attempt to
                                    compile an exhaustive list of all private sector products that might be
                                    considered insurance. We reviewed relevant documents from the National
                                    Association of Insurance Commissioners (NAIC), academic sources,
                                    accounting boards, insurance companies, professional and industry
                                    associations, state insurance regulators, federal securities regulators, court
                                    cases, and general media. We also met with knowledgeable staff at NAIC
                                    and other professional and industry associations. We conducted our work
                                    from December 2004 through December 2005 in accordance with generally
                                    accepted government auditing standards.


GAO-06-424R Definitions of Insurance


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