EIOPA · 2444

Solvency Capital Requirement (SCR)

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
135 and Annex XII
Topic
Solvency Capital Requirement (SCR)
Submitted
2022-05-30
Answered
2023-06-01

Question

This question relates to Article 135 and Annex XII of Delegated Regulation (EU) 2015/35 and the risk factor of 40% applying to insurance and proportional reinsurance obligations in respect of miscellaneous financial loss insurance.   If an insurance undertaking using the standard formula amends its policy wording (which is a travel insurance policy, falling under the miscellaneus financial loss insurance) such that catastrophe risk events/accumulation of a large number of similar claims are now excluded (i.e. there is no longer an exposure to such events), would this still result in a non-life catastrophe risk capital requirement?

Answer

The described case would result in a capital requirement for the other non-life catastrophe risk sub-module. As referred to in Article 135 of Delegated Regulation (EU) 2015/35, the capital requirement depends on the estimate gross premiums but not on the exclusions in the terms and conditions of the policies. See also Q&A 2292 on the applicability of terms and conditions for the natural catastrophe risk submodule and man-made catastrophe risk submodules.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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