Has Sarbanes-Oxley Made Insurance Riskier?
The Sarbanes-Oxley Act of 2002 (SOX)—named for its chief sponsors, former Sen. Paul Sarbanes (D–Md.) and former Rep. Mike Oxley (R–Ohio)—was intended to restore trust in the transparency of publicly traded companies after the collapses of WorldCom and Enron Corp. revealed that their auditors had certified financial reports that overstated the firms’ assets and massively understated their liabilities.
But, of course, “transparency” isn’t quite the same thing as prudential safety and soundness. In the insurance space, more specifically, transparency doesn’t necessarily equal solvency.
A new paper from Martin Grace of Temple University and Juan Zhang at Eastern Kentucky University looks at how property and liability insurers have responded to the enhanced disclosure and attestation requirements, both of SOX itself and of new auditing rules subsequently adopted by state insurance regulators. The latter were closely modeled on SOX, but also applied to nonpublic insurers, primarily mutuals.
They reach a counterintuitive conclusion: