Computer system for underwriting a personal guaranty liability by utilizing a risk apportionment system

• US 8,095,396 B1
• Filed: 03/13/2009
• Issued: 01/10/2012
• Est. Priority Date: 03/27/2008
• Status: Expired due to Fees

• Current Assignee: Asterisk Financial Group, Inc.
• Original Assignee: Asterisk Financial Group, Inc.
• Inventors: Zublin, Casper W. Jr., Graham, Andreas P.
• Primary Examiner(s): Subramanian, Narayanswamy
• Application Number:
  US12/403,964
• Time in Patent Office: 1,033 Days
• Field of Search: 705/4, 705 35- 36 R
• US Class Current: 705/4
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 40/10 Tax strategies

Abstract

A risk apportionment system for providing personal guarantee insurance or commercial collateral insurance may include a risk management module that can run on one or more processors. The risk management module can evaluate a guarantor for the insurance, where the guarantor is required by an obligor to provide a personal guaranty on a business obligation. The risk management module includes, in some implementations, a policy risk component that determines a degree of policy risk to an insurer corresponding to the guarantor and a portfolio risk component that determines a degree of portfolio risk to the insurer corresponding to the guarantor. The system may further include a policy generator operative to generate an insurance policy providing for a variable retention in response to a determination that the degrees of policy and portfolio risk corresponding to the guarantor are below a threshold of risk.

Claims

1. A risk apportionment system for providing personal guaranty insurance to a guarantor, the guarantor having received a loan from a lender for an organization associated with the guarantor, the guarantor being required by the lender to provide a personal guaranty on the loan, the personal guaranty obligating the guarantor to pay a personal guaranty liability, the personal guaranty liability comprising a difference between an aggregate liability on the loan and an asset liquidation value of the organization, the system comprising:

one or more processers configured to execute a policy generator and a claims module, the policy generator comprising a policy risk management module and a portfolio risk management module;

the policy risk management module configured to determine a degree of policy risk by programmatically evaluating characteristics of the guarantor, the organization, the loan, and the lender, wherein;

the characteristics of the guarantor comprise one or more of the following;

prior bankruptcies, credit score, criminal history, net worth, other contingent liabilities, and length of time associated with the lender;

the characteristics of the organization comprise one or more of the following;

longevity of the organization, type of the organization, type of the loan, geographic location of the organization, types of assets owned by the organization, and other insurance coverage of the organization;

wherein the characteristics of the loan comprise one or more of the following;

origination timing, loan contract type, and loan contract size;

the characteristics of the lender comprise one or more of the following;

asset value of the lender, a percentage of personal guarantys required by the lender for a total number of loans originated by the lender, and credit monitoring characteristics of the lender; and

the portfolio risk management module configured to determine a degree of portfolio risk by programmatically evaluating one or more of the following portfolio risk factors;

assets integral to the organization, the type of assets owned by the organization, the geographic location of the organization, industry of the organization, and size of the loan; and

wherein the policy generator, in response to the determination that the degrees of policy and portfolio risk represented by the guarantor are below a threshold of risk, is configured to generate an insurance policy between the guarantor and an insurer corresponding to the guaranty, the insurance policy comprising the premium and providing for a variable retention of risk by the guarantor, wherein a value of the variable retention comprises at least a portion of the guaranty liability; and

the claims module configured to, in response to a request for a claim on the personal guaranty insurance policy;

compute a liquidation percentage (LP), the liquidation percentage comprising the asset liquidation value of the organization divided by the aggregate liability of the loan, the aggregate liability comprising an outstanding loan amount plus interest and fees;

compute the personal guaranty liability (PGL);

compute the variable retention (VR), wherein the variable retention is represented as VR=(1−

m*LP)*PGL, where m represents a modifier value; and

compute a claim amount of the personal guaranty insurance, the claim amount comprising the aggregate liability minus the computed variable retention.

2. The system of claim 1, wherein the claims module is further configured to compute a higher said retention at a relatively lower value of the liquidation percentage compared with a lower said retention at a relatively higher value of the liquidation percentage.

3. The system of claim 1, wherein the claims module is further configured to compute a lower said claim amount at a relatively lower value of the liquidation percentage compared with a higher said claim amount at a relatively higher value of the liquidation percentage.

4. The system of claim 1, wherein the claims module is further configured to provide a floor to the claim amount, wherein the floor is configured to ensure that a minimum claim amount is provided to the guarantor.