As the U.S. Financial Stability Oversight Council runs up again a deadline to make a decisions on the appealed designation of Prudential Insurance as a systemically important financial institution, one member of the group says some of his colleagues don't seem to understand how insurance works.

Missouri Insurance Director John Huff, one of five nonvoting FSOC members, said during the Summer Meeting of the National Association of Insurance Commissioners (NAIC) that “some of my fellow FSOC members may not understand the insurance industry.”

Specifically, Huff referred to the arguments the FSOC used in its analysis of AIG–such as a possible run on the company and the loss of confidence in the insurance sector should one insurer fail–as a “very bank-centric approach.”

Huff, during the NAIC's financial stability committee in Indianapolis, said the SIFI designations are a serious exercise with serious consequences and it is “critically important they are based on robust analytics.”

The allegedly flawed thinking may also play a part in future SIFI insurance designations. MetLife has disclosed it is in the stage 3, “deep dive” part of the SIFI process with FSOC. Moreover, there are other companies being reviewed for SIFIs, Huff disclosed. SIFI reviews are an evergreen issue.

The FSOC majority wrote that if AIG's financial distress were sufficiently severe, funds from products allowing for early withdrawals might be withdrawn regardless of the size of associated surrender charges or tax penalties leading to a “rapid liquidation of AIG's life insurance and annuity liabilities” and straining AIG's liquidity.

FSOC also suggested contagion, which is found in the banking sector.

“In particular, if distress at AIG were to cause concern among policyholders at other insurers, those insurers could experience unanticipated increases in surrender activity that could strain liquidity resources, potentially impairing the financial condition of multiple insurers across the industry,” FSOC wrote.

In addition, Prudential was designated a global systemically important insurer (G-SII) by the Financial Stability Board (FSB) on July 18, and FSOC handles that designation domestically. There is no appeal process with the FSB.

NAIC spoke out on the global designations, which include MetLife and AIG, calling them premature and too reliant on insufficient metrics. On the Prudential proposed designation, Huff noted his dissent although he doesn't cast a vote. Presidentially-appointed member Roy Woodall, the one insurance person with a vote on the FSOC, dissented, along with Edward DeMarco, director of the Federal Housing Finance Agency do. Federal Insurance Office Director Michael McRaith's vote was not publicly recorded, but his office is part of Treasury, whose secretary chairs the FSOC, which did vote to designate Prudential a SIFI.

Established under the Dodd-Frank Act, FSOC is charged with identifying risks to the financial stability of the United States, promoting market discipline and responding to emerging risks.

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