Triad Guaranty Inc., the mortgage insurer in runoff mode, is notifying its lender customers that under a regulator's order, they will get only partial payments of their claims beginning as soon as June 1.

"We are making a concerted effort to reach out to our major policyholders to make sure they understand the order," Ken Jones, Triad's chief executive, said by e-mail.

Under an order issued by Illinois' top insurance regulator last week, Triad, of Winston-Salem, N.C., will begin paying only 60% of mortgage insurance claims in cash on June 1 or a later date as determined by the regulator, with 40% of the claim going to a deferred-payment obligation.

Fannie Mae and Freddie Mac account for more than half of Triad's $17 billion of risk in force. Bank of America Corp. and Wells Fargo & Co. are Triad's largest private-lender customers.

As to whether lenders will need to write down the value of their mortgage insurance in their own books, "that will be the individual lender decision and I am not aware of their plans," Jones said by e-mail.

When a borrower defaults on a mortgage, the lender initiates a claim on its mortgage insurance policy, which generally covers up to 20% of the loan due.

The deferred-payment obligation will be recorded as a separate entry in Triad's financial statements and will accrue a carrying charge based on the investment yield earned by Triad's investment portfolio.

Payments of the carrying charge and DPO will be subject to Triad's future financial performance and will require approval of the Illinois official.

Triad's operating subsidiary, Triad Guaranty Insurance Corp., stopped writing mortgage insurance policies July 15 and the company has been in runoff since then.

Jones also said that the company's ongoing dispute with an insurance carrier over an approximately $90 million excess and surplus loss coverage is in arbitration. He declined to name the insurer.

In its annual report, Triad said an arbitration decision is expected in the second quarter.

Subscribe Now

Access to authoritative analysis and perspective and our data-driven report series.

14-Day Free Trial

No credit card required. Complete access to articles, breaking news and industry data.