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NYM > SEC Filings for NYM > Form 10-Q on 10-Nov-2008All Recent SEC Filings

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Form 10-Q for NYMAGIC INC


10-Nov-2008

Quarterly Report


Item 2. Management's Discussion and Analysis of Financial Condition and Results
of Operations
Description of Business
NYMAGIC, INC., a New York corporation (the "Company" or "NYMAGIC"), is a holding company which owns and operates insurance companies, risk bearing entities and insurance underwriters and managers. Insurance Companies:
New York Marine And General Insurance Company ("New York Marine") Gotham Insurance Company ("Gotham")
Southwest Marine And General Insurance Company ("Southwest Marine") Insurance Underwriters and Managers:
Mutual Marine Office, Inc. ("MMO")
Pacific Mutual Marine Office, Inc. ("PMMO") Mutual Marine Office of the Midwest, Inc. ("Midwest") New York Marine and Gotham each currently holds a financial strength rating of A ("Excellent") and Southwest Marine currently holds a financial strength rating of A- ("Excellent") and an issuer credit rating of "a-" from A.M. Best Company. These are the third and fourth highest of fifteen rating levels in A.M. Best's classification system. The Company's insureds rely on ratings issued by rating agencies. Any adverse change in the ratings assigned to New York Marine, Gotham or Southwest Marine may adversely impact their ability to write premiums.
The Company specializes in underwriting ocean marine, inland marine/fire and other liability insurance through insurance pools managed by the Company's insurance underwriters and managers, MMO, PMMO and Midwest (collectively referred to as "MMO"). The original members of the pools were insurance companies that were not affiliated with the Company. Subsequently, New York Marine and Gotham joined the pools. Over the years, New York Marine and Gotham steadily increased their participation in the pools, while the unaffiliated insurance companies reduced their participation or withdrew from the pools entirely. Since January 1, 1997, New York Marine and Gotham have been the only members of the pools, and therefore we now write 100% of all of the business produced by the pools.
In prior years, the Company issued policies covering aircraft insurance; however, the Company ceased writing any new policies covering aircraft risks as of March 31, 2002. The Company decided to exit the commercial aviation insurance business, because it is highly competitive, generated underwriting losses during the 1990s and is highly dependent on the purchase of substantial amounts of reinsurance, which became increasingly expensive after the events of September 11, 2001. This decision has enabled the Company to concentrate on its core lines of business, which include ocean marine, inland marine/fire and other liability.
In 2005, the Company formed Arizona Marine And General Insurance Company, which was renamed Southwest Marine And General Insurance Company ("Southwest Marine") in July 2006, as a wholly owned subsidiary in the State of Arizona. Its application to the State of Arizona Department of Insurance for authority to write commercial property and casualty insurance in Arizona was approved in May 2006. Southwest Marine writes, among other lines of insurance, excess and surplus lines in New York.
During the nine months ended September 30, 2008, the Company acquired a book of professional liability business oriented to insurance brokers and agents and also formed MMO Agencies, which will focus on generating additional premium growth through a network of general agents with binding authority subject to underwriting criteria established and monitored by MMO. Results of Operations
The Company reported a net loss for the third quarter ended September 30, 2008 of $50.1 million, or $5.96 per diluted share, compared to net income of $3.8 million, or $.41 per diluted share, for the third quarter in 2007. The decrease in results of operations for the third quarter of 2008 when compared to the same period in 2007 was primarily attributable to pre-tax losses of $25.8 million in the trading portfolio, losses of $14.6 million from the limited partnership portfolio, other-than-temporary write-downs of $13.6 million from "super senior" residential mortgage-backed securities, deferred tax valuation allowance increase of $9.5 million for capital loss carryforwards and hurricane losses from hurricanes Gustav and Ike of $7.2 million.
The net loss for the nine months ended September 30, 2008 was $ 84.6 million, or $9.85 per diluted share, compared to net income of $21.6 million, or $2.35 per diluted share, for the same period in 2007. The decrease in results of operations for the nine months ended September 30, 2008 when compared to the same period in 2007 was primarily attributable to pre-tax losses from other-than-temporary write-downs of $46.0 million from "super senior" residential mortgage-backed securities, losses of $37.2 million from the trading portfolio, losses of $14.0 million from the limited partnership portfolio, hurricane losses from hurricanes Gustav and Ike of $7.2 million, deferred tax valuation allowance increase of $9.5 million for capital loss carryforwards and $12.4 million in reevaluations of the provision for reinsurance receivable balances.

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Net realized investment losses after taxes were $9.7 million, or $1.16 per share, for the third quarter of 2008, as compared to net realized investment losses after taxes of $133,000, or $.01 per diluted share, for the same period in 2007. Net realized investment losses after taxes for the nine months ended September 30, 2008 were $30.1 million, or $3.51 per diluted share, compared to net realized investment gains after taxes of $44,000, or $.00 per diluted share, for the same period in 2007.
Shareholders' equity decreased to $183.2 million as of September 30, 2008 from $279.4 million as of December 31, 2007. The decrease was primarily attributable to the net loss for the period.
The Company's gross premiums written and net premiums written increased by 6% and 3%, respectively, for the three months ended September 30, 2008, when compared to the same period in 2007. Net premiums earned decreased by 9% for the three months ended September 30, 2008, when compared to the same period in 2007.
The Company's gross premiums written decreased by 2% for the nine months ended September 30, 2008, when compared to the same period in 2007. Net premiums written and net premiums earned increased by 2% and 6%, respectively, for the nine months ended September 30, 2008, when compared to the same period in 2007.
Premiums for each segment were as follows:

                                                               NYMAGIC Gross Premiums Written By Segment
                                      Nine months ended September 30,                           Three months ended September 30,
                                  2008                 2007            Change              2008                  2007             Change
                                                                          (Dollars in thousands)
Ocean marine                  $      68,933         $   79,315             (13 )%      $      23,375         $      24,633             (5 )%
Inland marine/fire                   12,685             13,124              (3 )%              4,146                 4,406             (6 )%
Other liability                      93,035             85,792               8 %              27,993                23,135             21 %

Subtotal                            174,653            178,231              (2 )%             55,514                52,174              6 %
Runoff lines (Aircraft)                  27                 24            NM                     (30 )                   1            NM

Total                         $     174,680         $  178,255              (2 )%      $      55,484         $      52,175              6 %




                                                               NYMAGIC Net Premiums Written By Segment
                                      Nine months ended September 30,                          Three months ended September 30,
                                  2008                 2007            Change              2008                 2007             Change
                                                                        (Dollars in thousands)
Ocean marine                  $      49,338         $   55,262             (11 )%      $     15,594         $     17,476             (11 )%
Inland marine/fire                    3,825              4,867             (21 )%             1,170                1,527             (23 )%
Other liability                      80,790             71,651              13 %             23,080               19,546              18 %

Subtotal                            133,953            131,780               2 %             39,844               38,549               3 %
Runoff lines (Aircraft)                  18                 69            NM                    (77 )                (15 )          NM

Total                         $     133,971         $  131,849               2 %       $     39,767         $     38,534               3 %




                                                                NYMAGIC Net Premiums Earned By Segment
                                      Nine months ended September 30,                          Three months ended September 30,
                                  2008                 2007            Change              2008                 2007             Change
                                                                        (Dollars in thousands)
Ocean marine                  $      51,433         $   54,732              (6 )%      $     15,300         $     19,887             (23 )%
Inland marine/fire                    4,590              5,084             (10 )%             1,390                1,872             (26 )%
Other liability                      72,431             60,916              19 %             23,864               22,723               5 %

Subtotal                            128,454            120,732               6 %             40,554               44,482              (9 )%
Runoff lines (Aircraft)                  19                 62            NM                    (77 )                (22 )          NM

Total                         $     128,473         $  120,794               6 %       $     40,477         $     44,460              (9 )%

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Ocean marine gross premiums written for the nine months ended September 30, 2008 decreased by 13% when compared to the same period in 2007, primarily reflecting decreases in volume in the hull and cargo classes. The decrease in cargo production resulted primarily from the termination of a relationship with one of the Company's agents writing cargo business, Southern Marine and Aviation. The decrease in hull premiums reflected the non-renewal of certain unprofitable accounts. Rates in the various classes of marine business declined slightly when compared to the prior year's comparable period. Net premiums written decreased by 11% for the nine months ended September 30, 2008 when compared to the same period in 2007. The larger net premium retention levels in 2008 were the result of lower excess of loss reinsurance costs and lower reinsurance reinstatement costs. Losses from hurricane Ike resulted in incurring reinsurance reinstatement costs of $1.7 million for the nine months ended September 30, 2008 as compared with $2.3 million of reinsurance reinstatement costs arising from a cargo loss for the same period of 2007. Net earned premiums for the nine months ended September 30, 2008 largely reflected the decline in gross premiums written, which was offset by lower reinsurance costs in 2008 when compared to 2007.
Effective January 1, 2008, the Company maintained its net retention of $5 million per risk and $6 million per occurrence in the ocean marine line when compared to 2007; however, the Company's net retention could be as low as $1 million for certain classes within ocean marine. While the 80% quota share reinsurance protection for energy business also remains in effect for 2008, the net retention from energy business is subject to inclusion within the ocean marine reinsurance program.
Ocean marine gross premiums written and net premiums written decreased by 5% and 11%, respectively, during the third quarter of 2008 when compared to the same period in the prior year. Net premiums earned decreased 23% during the third quarter of 2008 when compared to the same period in 2007. The third quarter of 2008 reflected gross premiums written decreases in the rig and cargo classes. The largest decrease occurred in cargo production and resulted primarily from the termination of a relationship with one of the Company's former agents writing cargo business. The current year's third quarter net premiums written generally reflected lower costs from the ocean marine excess of loss reinsurance program which was partially offset by reinsurance reinstatement costs arising from hurricane Ike losses. Rates in the various classes of marine business declined slightly when compared to the prior year's comparable period. Net earned premiums for the third quarter ended September 30, 2008 largely reflected the decline in gross premiums written over the past year, which is primarily attributable to lower cargo production as well as higher reinstatement costs from hurricane Ike.
Inland marine/fire gross premiums written and net premiums written for the nine months ended September 30, 2008 decreased by 3% and 21%, respectively, when compared to the same period in 2007. Net premiums earned for the nine months ended September 30, 2008 were down 10% when compared to the same period in 2007. Gross premiums written in 2008 reflect declines in production in certain property risks and reflect mildly lower market rates when compared to the prior year. Net premiums earned reflected the decreases in property earned premiums offset by increases in surety production from the prior year.
Inland marine/fire gross premiums written, net premiums written and net premiums earned for the three months ended September 30, 2008 decreased by 6%, 23% and 26%, respectively, when compared to the same period in 2007. Gross premiums written during the third quarter of 2008 reflected mildly lower market rates when compared to the same period in 2007 and declines in production in certain property risks and surety premiums. Net premiums written in the third quarter of 2008 reflected the decrease in gross property writings and additional reinsurance costs as a result of a change in mix of gross property writings as well as lower surety writings, which are written on a net basis without reinsurance costs. The decrease in net premiums earned in 2008 reflected the lower volume of property risks and mildly lower market rates when compared to the same period in 2007.
Other liability gross premiums written, net premiums written and net premiums earned for the nine months ended September 30, 2008 increased by 8%, 13% and 19%, respectively, when compared to the same period in 2007. The increase in premiums is primarily due to an increase in production of excess workers' compensation, professional liability and contractors' liability writings.
The Company writes excess workers' compensation insurance on behalf of certain self-insured workers' compensation trusts. Gross and net premiums written in the excess workers' compensation class increased to $30.9 million and $27.6 million, respectively, in the first nine months of 2008 from $28.3 million and $23.0 million, respectively, in the same period of 2007. Premiums in 2007 reflected larger reinsurance cessions primarily as a result of quota share reinsurance.
Volume increases from the contractors' liability class were also achieved in the first nine months of 2008 when compared to the same period in 2007. Professional liability writings increased 3% in the first nine months of 2008 when compared to the same period in 2007 primarily due to production increases that were partially offset by a softening of premium rates. In addition, general liability premiums from the recently formed MMO Agencies contributed approximately $750,000 in gross premiums written during 2008.
Other liability gross premiums written and net premiums written for the three months ended September 30, 2008 increased by 21% and 18%, respectively, when compared to the same period in 2007. Other liability net premiums earned increased by 5%. The increase in gross premiums is primarily due to production increases in excess workers' compensation, professional liability and contractor's liability writings. In addition, general liability premiums from the recently formed MMO agencies contributed approximately $750,000 in gross premiums written during the 2008 third quarter. The increases in net earned premium reflect the increases in excess workers' compensation, professional liability and contractor's liability writings achieved during the past year.

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Net losses and loss adjustment expenses incurred as a percentage of net premiums earned (the "loss ratio") was 69.4% for the three months ended September 30, 2008 as compared to 53.4% for the same period in 2007. The loss ratio was 70.8% for the nine months ended September 30, 2008 as compared to 53.0% for the same period in 2007. The larger loss ratios in 2008 were primarily attributable to losses incurred from hurricanes Gustav and Ike amounting to $7.2 million, which added 15.7% and 5.1% to the third quarter and nine months ended September 30, 2008 loss ratios, respectively. In addition, the resolution of a dispute in the second quarter of 2008 over reinsurance receivables with a reinsurer as well as a reevaluation of the provision for doubtful reinsurance receivables resulted in additional losses of $12.4 million, which added 9.6% to the nine months ended September 30, 2008 loss ratio. The decision to resolve a dispute regarding non-core reinsurance receivables and adjust our allowance for other potentially uncollectable non-core reinsurance receivables was related to reinsurance cessions made under a number of reinsurance contracts written from 1978 to 1986. The Company's loss ratios in 2007 benefited from the novation of substantially all of the excess workers' compensation policies written in conjunction with a prior producer. The novation reduced the overall loss ratio by 1.0% and 5.4% in the third quarter and nine months ended September 30, 2007, respectively. Also contributing to a higher loss ratio in the other liability segment in 2008 was a change in premium mix in the other liability class. Excess workers' compensation premiums have higher loss ratios than other classes of other liability business resulting in an overall increase in the other liability loss ratio.
The Company reported adverse development of prior year loss reserves of $7.2 million and favorable development of prior year loss reserves of $1.9 million during the first nine months and third quarter of 2008, respectively. The second quarter resolution of a dispute over reinsurance receivables with a reinsurer and the reevaluation of the reserve for doubtful reinsurance receivables in 2008 contributed $12.4 million of adverse development in the first nine months of 2008. Partially offsetting this was favorable development as a result of lower reported loss trends arising from the inland marine and ocean marine lines of business. The aviation line of business contributed $600,000 of adverse loss development in the first nine months of 2008.
The Company reported favorable development of prior year loss reserves of $11.7 million and $2.0 million during the first nine months and third quarter of 2007, respectively. Favorable loss development of $6.2 million during the first nine months was attributable to the novation of certain excess workers' compensation policies. In addition, favorable development was recorded as a result of lower reported loss trends arising from the ocean marine line of business. The overall favorable loss development during the first nine months of 2007 was partially offset by approximately $2.0 million in adverse development from the runoff aviation class.
Policy acquisition costs as a percentage of net premiums earned (the "acquisition cost ratio") for the three months ended September 30, 2008 and 2007 were 24.8% and 21.3%, respectively. The acquisition cost ratios for the nine months ended September 30, 2008 and 2007 were 22.9% and 21.9%, respectively. The slightly higher 2008 ratios are due in part to a change in premium mix to the other liability segment whose underlying classes of business have higher acquisition cost ratios than other lines of business. In addition, slight increases occurred in the other liability acquisition cost ratios in 2008 when compared to 2007 as the prior year's third quarter and nine months ratios were lower as a result of override commissions obtained from the quota share reinsurance agreement in the excess workers' compensation class. The third quarter of 2008 ocean marine acquisition cost ratio was adversely impacted by the reinstatement premium charges from hurricane Ike.
General and administrative expenses increased by 17% and 13%, respectively, for the third quarter and nine months ended September 30, 2008 when compared to the same periods in 2007. Larger expenses were incurred in 2008 to service the growth in the Company's business operations, including increased staffing, consulting costs and additional office space.
The Company's combined ratio (the loss ratio, the acquisition cost ratio and general and administrative expenses divided by net premiums earned) was 118.2% for the three months ended September 30, 2008 as compared to 93.4% for the same period in 2007. The Company's combined ratio was 115.6% for the nine months ended September 30, 2008 as compared to 95.5% for the same period in 2007.
Interest expense of $5.0 million and $5.0 million, respectively, for the nine and three months ended September 30, 2008 was comparable to the same periods in 2007.
Net investment (loss) income for the nine months ended September 30, 2008 was $(47.5) million as compared to $32.1 million for the same period in 2007. The decrease in 2008 reflected trading portfolio losses and lower income from limited partnerships. Trading portfolio losses of $(37.2) million were recorded in 2008 and resulted primarily from the fair value changes in the underlying securities. This included municipal obligations of $(1.1) million, preferred stocks of $(28.3) million, economic hedged positions of $(1.1) million and exchange traded funds of $(6.7) million. Limited partnership income for the first nine months of 2008, excluding income from Tricadia, decreased from the prior year's comparable period as a result of lower returns amounting to (12.9)% as compared to 4.7% for the same period in 2007. For the first nine months of 2008, most of our hedge fund strategies reported lower returns than the prior year's comparable period. Income from Tricadia was $2.9 million and $7.3 million for the nine months ended September 30, 2008 and 2007, respectively. Income from Tricadia was greater in 2007 as a result of interest income received from the warehousing of CDO and CLO debt securities. There were no such activities during the first nine months of 2008. The reduction in income from fixed maturities available for sale resulted from maintaining lower average balances in such investments.

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Net investment (loss) income for the three months ended September 30, 2008 was $(39.4) million compared to $4.5 million for the same period in 2007. The decrease in 2008 reflected trading portfolio losses and losses from limited partnerships. Trading portfolio losses of $(25.8) million were recorded in the third quarter of 2008 and resulted primarily from the fair value changes in the underlying securities. This included municipal obligations of $(0.8) million, preferred stocks of $(23.8) million, economic hedged positions of $0.6 million, and exchange traded funds of $(1.8) million. Limited partnership hedge fund income in 2008, excluding income from Tricadia, decreased from the prior year's comparable period as a result of lower yields on the limited partnership hedge fund portfolio that amounted to (11.5)% for the third quarter ended September 30, 2008 and (1.3)% for the same period in 2007. The investment income from Tricadia amounted to $0.3 million and $1.0 million for the three months ended September 30, 2008 and 2007, respectively, which was included in limited partnership hedge fund portfolio income. The reduction in income from fixed maturities available for sale resulted from maintaining lower average balances in such investments.
Net investment (loss) income from each major category of investments for the periods indicated is as follows:

                                                  Nine months ended               Three months ended
                                                    September 30,                    September 30,
                                                 2008             2007            2008             2007
                                                                    (in millions)
Fixed maturities available for sale           $      5.6         $ 11.3        $      1.9         $  3.1
Trading securities                                 (37.2 )          1.9             (25.8 )          0.3
Short-term investments                               2.2            6.1               0.7            2.7
Equity in (loss) earnings of limited
partnerships                                       (14.0 )         14.7             (14.6 )         (1.2 )
Commercial loans                                    (0.7 )            -              (0.4 )            -


Total investment (loss) income                     (44.1 )         34.0             (38.2 )          4.9
Investment expenses                                 (3.4 )         (1.9 )            (1.2 )         (0.4 )


Net investment (loss) income                  $    (47.5 )       $ 32.1        $    (39.4 )       $  4.5

As of September 30, 2008 and 2007, investments in limited partnerships amounted to approximately $159.1 million and $206.6 million, respectively. The equity method of accounting is used to account for the Company's limited partnership hedge fund investments. Under the equity method, the Company records all changes in the underlying value of the limited partnership hedge fund to results of operations.
As of September 30, 2008 and 2007, investments in the trading and commercial loan portfolios collectively amounted to approximately $55.1 million and $144.9 million, respectively. Net investment (loss) income for the nine months ended September 30, 2008 and 2007 reflected approximately $(37.9) million and $1.9 million, respectively, derived from combined trading portfolio and commercial loan activities before investment expenses. These activities primarily include the trading of collateralized debt obligations (CDOs), collateralized loan obligations (CLOs), commercial loans, municipal obligations, preferred stocks and exchange traded funds. The Company's trading and commercial loan portfolios are marked to market, with the change recognized in net investment income during the current period. Any realized gains or losses resulting from the sale of trading and commercial loan investments are also recognized in net investment income. There were no CDO or CLO securities held in the trading portfolio by the Company at September 30, 2008.
The Company's investment income results may be volatile depending upon the level of limited partnerships, commercial loans and trading portfolio investments held. If the Company invests a greater percentage of its investment portfolio in limited partnership hedge funds, and/or if the fair value of trading and/or commercial loan investments held varies significantly during . . .

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