Question

Difficulty: MediumTerrorism Risk Insurance Act (TRIA)

A risk advisory firm is conducting a compliance seminar on federal regulatory backstops for catastrophic perils. During the session on the Terrorism Risk Insurance Act (TRIA), the presenter asks attendees to identify the statutory requirements and coverage parameters that apply to certified events. Which of the following statements correctly describe the qualifying criteria for certification or the application of TRIA provisions? (Select all that apply)

  1. The event must be officially certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General.Answer
  2. B
    Once an event is certified, the federal government assumes primary liability and reimburses 100% of all covered losses without requiring an insurer retention.
  3. The act must result in aggregate property and casualty insurance losses exceeding $5 million to be eligible for certification.Answer
  4. D
    The mandatory coverage offer provisions under the Act apply universally to all property and casualty lines, including personal auto and homeowners policies.

Answer

The correct statements are that the event must be certified by the Secretary of the Treasury (in consultation with the Secretary of Homeland Security and the Attorney General) and that it must result in aggregate property and casualty losses exceeding $5 million.
The correct statements accurately reflect the exact statutory criteria for TRIA certification: the authority lies with the Secretary of the Treasury (consulting with Homeland Security and the Attorney General) and the event must exceed a minimum loss threshold of $5 million in property and casualty damages.

Step-by-Step Solution

1
Identify the statutory authority responsible for TRIA certification.
The Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General, is the correct authority.
This confirms the validity of the statement regarding certification authority.
2
Determine the financial threshold required for an event to be certified as an act of terrorism.
The minimum threshold is $5 million in aggregate property and casualty insurance losses.
This confirms the validity of the statement regarding loss thresholds.
3
Analyze the role of the federal government in the TRIA financial mechanism.
The federal government acts as a shared backstop, requiring insurers to meet a deductible and pay a coinsurance percentage before federal funds apply.
This invalidates the statement claiming the government assumes 100% primary liability.
4
Review the lines of insurance covered under TRIA.
TRIA applies only to commercial property and casualty lines, explicitly excluding personal lines like homeowners and personal auto.
This invalidates the statement claiming universal application to all property and casualty lines.

Key Concept

Under the Terrorism Risk Insurance Act (TRIA), an act of terrorism must result in over $5 million in property and casualty losses and be certified by the Secretary of the Treasury (with Homeland Security and the Attorney General). The program acts as a federal backstop for commercial lines only, requiring insurers to bear a deductible and copayment.
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