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Friday, April 10, 2009

How Solid is Excess Brokerage Coverage (Full-Net-Equity Protection) for Losses Over $500,000?

By Jack Haddad

The Securities Investors Protection Corp. (SIPC), often assumed to be analogous to the Federal Deposit Insurance Corp. (FDIC), insures retail brokerage accounts for up to $500,000 each in the event of a catastrophic firm failure. The SIPC is non-profit organization funded by its member securities brokers, created by congress in 1970 to promote confidence in the US securities markets. The coverage is event-neutral in the sense that it replaces missing securities and cash whether they disappeared in an earthquake, fire,flood, or were stolen by a broker. Missing securities are replaced at their current market value which may be a fractionof their previous value.

To meet its obligations, SIPC currently has $1.25 billion of capital which invested in US Treasuries as required by law. It also has a $1.0 billion private syndicated line of credit to draw on should its capital be exhausted. On top of that, it has $1.0 billion in line of credit from the US Treasury.

To cover losses beyond that, brokererage firms have arrangements with the following insurers:

1. CAPCO (Customer Asset Protection Co.), which is a insurer of 14 brokerages, claims that it has no dollar limit on excess SIPC coverage; yet, if you desire to specifically inquire what the financial backing is for each customer coverage, president Frank Lagerstedt labels such information as "proprietary." Lagersterdt has legal backing for withholding the information. The New York State Insurance Dept has repeatedly denied my Freedom of Information Act (FOIA) request for CAPCO's financial information.

In fact, CAPCO declines to provide any information about its capitalization. The New York State Insurance Department denied Bloomberg Wealth Manager's FOIA to see the firm's financail statement, citing New york Insurance Law, section 7003 (c) (3). Under New York Insurance Law, section 7003 (c) (3), the information filed by a captive insurer in its application for licensing is "given confidential treatment and shall not be the subject to public inspection... except to the extent the superintendent finds release of information necessary to protect the public..."

Furthermore, it is not known how much reinsurance CAPCO has or how much of the member premiums go to boosting the company's capital. Also, CAPCO won't disclose whether memeber firms are required to ante up addtional capital if a large claim drains its resourses. Moreover, none of the company's officers explain how its "risk remote" potential liabilities are quantified. It is strongly believed that CAPCO is unable to quantify the risk for the same reasons the commercial insurers couldn't. For that matter, the company is most likely undercapitalized.

Member firms belonging to CAPCO are: Robert W. Baird, Bear Stearns, Credit Suisse First Boston, A.G. Edwards, Goldman Sachs, Edward Jones, Legg Mason Wood Walker, Lehman Brothers, J.P. Morgan Chase, Morgan Stanley, National Financial Services, Pershing, Raymand James Financial, and Watchovia Securities.

2. Lloyd's of London offers $150 million per customer but no more than a total of $600 million per broker-dealer for customer losses. Its client firms are Ameritrade, E*Trade, Merrill Lynch, Charles Schwab, Smith Barney, Citigroup, T.D. Waterhouse.

3. XL Insurance insures for up to $600 million in total customer losses. Its member firm is UBS Financial Services.

If brokerages are going to use excess SIPC coverage for their customers, don't they owe an explanation of how they intend to provide it? It is highly suggested that excess SIPC coverage is little more than a marketing tool for brokerages that say they offer it. Most brokers claim that they purchase insurance for the sleep-at-night factor, and that excess SIPC has always been a nice enhancement for clients.

It is my personal adamant belief that rather than considering the amount of excess SIPC coverage a firm carries, an investor should place more emphasis on its financial strength. - 23208

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