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NYM > SEC Filings for NYM > Form 10-Q on 7-Aug-2009All Recent SEC Filings

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Form 10-Q for NYMAGIC INC


7-Aug-2009

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.
In 2008 the Company acquired a book of professional liability business oriented to insurance brokers and agents and also formed MMO Agencies, which focuses 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 net income for the second quarter ended June 30, 2009 of $14.2 million, or $1.65 per diluted share, compared with a net loss of $4.7 million, or $.55 per diluted share, for the second quarter of 2008. The increase in results of operations for the second quarter of 2009 when compared to the same period of 2008 was primarily attributable to stronger investment results from trading activities and limited partnership income and a lower combined ratio.
The Company reported net income for the six months ended June 30, 2009 of $17.7 million, or $2.05 per diluted share, compared with a net loss of $(34.5) million, or $(3.98) per diluted share, for the same period in 2008. The increase in results of operations for the six months ended June 30, 2009 when compared to the same period of 2008 was primarily attributable to realized gains, stronger investment results from trading activities and limited partnership income and a lower combined ratio.
The net income for the second quarter and six months ended June 30, 2009 included tax benefits of $3.3 million or $.38 per diluted share as a result of the partial reversal of the deferred tax valuation allowance previously provided for capital losses.

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Shareholders' equity increased to $187.6 million as of June 30, 2009 compared to $164.1 million as of December 31, 2008. The increase was primarily attributable to net income for the period.
Accumulated other comprehensive income (loss) included in shareholders' equity as of June 30, 2009 decreased by $(20.4) million to $(23.3) million from $(2.9) million as of December 31, 2008. This includes $(26.1) million attributable to the reclassification from retained earnings to accumulated other comprehensive income (loss) of non-credit investment impairment losses previously recognized in net income on the Company's residential mortgage backed securities holdings as a result of the adoption of FASB 115-2 in the second quarter of 2009. The adoption of FASB 115-2 had no impact on total shareholders' equity. The change in accumulated other comprehensive income (loss), in addition to the effect of adopting FASB 115-2, was $5.0 million due to unrealized appreciation in corporate bonds and municipal bonds held as available for sale. The Company's gross premiums written, net premiums written and net premiums earned decreased by 1%, 6% and 10%, respectively, for the six months ended June 30, 2009, when compared to the same period of 2008. Premiums for each segment were as follows:
NYMAGIC Gross Premiums Written By Segment

                                  Six months ended June 30,                       Three months ended June 30,
                              2009            2008          Change            2009             2008          Change
                                    (dollars in thousands)                          (dollars in thousands)
Ocean marine               $    44,600      $  45,557            (2 )%    $     24,516       $  23,316              5 %
Inland marine/fire              11,291          8,539            32 %            5,095           4,971              2 %
Other liability                 62,039         65,042            (5 )%          20,739          19,268              8 %


Subtotal                       117,930        119,138            (1 )%          50,350          47,555              6 %
Runoff lines (Aircraft)              9             58            NM                (74 )            13             NM


Total                      $   117,939      $ 119,196            (1 )%    $     50,276       $  47,568              6 %

                    NYMAGIC Net Premiums Written By Segment

                                  Six months ended June 30,                     Three months ended June 30,
                              2009            2008         Change           2009             2008          Change
                                   (dollars in thousands)                         (dollars in thousands)
Ocean marine               $   29,937       $ 33,744           (11 )%    $    15,719       $  16,190            (3 )%
Inland marine/fire              3,776          2,654            42 %           1,869           1,413            32 %
Other liability                54,739         57,711            (5 )%         17,823          16,667             7 %


Subtotal                       88,452         94,109            (6 )%         35,411          34,270             3 %
Runoff lines (Aircraft)          (149 )           96            NM              (123 )            18            NM


Total                      $   88,303       $ 94,205            (6 )%    $    35,288       $  34,288             3 %

                     NYMAGIC Net Premiums Earned By Segment

                                  Six months ended June 30,                    Three months ended June 30,
                              2009            2008         Change           2009             2008         Change
                                   (dollars in thousands)                         (dollars in thousands)
Ocean marine               $   27,425       $ 36,133           (24 )%    $    14,137       $ 18,310           (23 )%
Inland marine/fire              2,749          3,201           (14 )%          1,567          1,556             - %
Other liability                49,146         48,567             1 %          23,460         23,208             1 %


Subtotal                       79,320         87,901           (10 )%         39,164         43,074            (9 )%
Runoff lines (Aircraft)          (149 )           96            NM              (123 )           18            NM


Total                      $   79,171       $ 87,997           (10 )%    $    39,041       $ 43,092            (9 )%

Ocean marine gross premiums written for the six months ended June 30, 2009 decreased by 2%, primarily reflecting reduced volume in the cargo class. The first six months of 2008 reflected $4.9 million in gross cargo premiums arising from one of the Company's program management agreements which was terminated at the end of 2007. This compared to $0.2 million in gross cargo premiums received during

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the same period of 2009. Increases were recorded in other ocean marine classes largely due to additional production in the marine liability class and firmer rates in the energy and marine liability classes.
Ocean marine net premiums written and net premiums earned for the six months ended June 30, 2009 decreased by 11% and 24% respectively, when compared to the same period of 2008. Net written and earned premiums for six months ended June 30, 2009 largely reflected the decline in gross cargo premiums written over the past year.
Ocean marine gross premiums written for the three months ended June 30, 2009 increased by 5%, primarily reflecting additional production in the marine liability class and firmer rates in the energy and marine liability classes which was partially offset by a decline in gross cargo premiums arising from one of the Company's program management agreements which was terminated at the end of 2007. The second quarter of 2009 reflected $0.2 million of such gross cargo premiums as compared to $1.9 million for the same period in 2008. Net written and earned premiums for three months ended June 30, 2009 largely reflected the decline in gross cargo premiums written and additional ceded premiums in the energy class over the past year.
Effective January 1, 2009, the Company maintained its $5 million per risk net loss retention in the ocean marine line that was in existence during 2008. In addition, the Company's net retention could be as low as $1 million for certain classes within ocean marine. The 80% quota share reinsurance protection for energy business, which commenced in 2006, also remains in effect for 2009 and the net retention from losses arising from energy business is subject to inclusion within the ocean marine reinsurance program.
Inland marine/fire gross premiums written and net premiums written increased by 32% and 42% for the six months ended June 30, 2009 when compared to the same period of 2008. Net premiums earned for the six months ended June 30, 2009 decreased by 14%. Gross premiums written in the first six months of 2009 reflected increases in production largely relating to property risks written on a nationwide basis. Premiums reflected mildly lower market rates when compared to the prior year. The decrease in net premiums earned reflected decreases in surety and fire premium production from the prior year.
Inland marine/fire gross premiums written and net premiums written increased by 2% and 32% for the three months ended June 30, 2009 when compared to the same period of 2008. Net premiums earned for the three months ended June 30, 2009 was flat when compared to the same period in 2008. Gross premiums written for the three months ended June 30, 2009 reflect increases in production largely relating to inland marine and surety risks. Partially offsetting this increase were declines in production in fire business largely resulting from mild rate decreases. The increase in net premiums written for the three months ended June 30, 2009 resulted from a change in gross premiums mix which resulted in lower premium cessions to reinsurers. Surety premiums are written net of reinsurance and inland marine premiums have a smaller percentage ceded to reinsurers than fire premiums. Net premiums earned reflected increases in production largely relating to property risks written on a nationwide basis which was offset by declines in surety production from the prior year. Other liability gross premiums written and net premiums written each decreased 5%, respectively, for the six months ended June 30, 2009 when compared to the same period in 2008. Net premiums earned for the six months ended June 30, 2009 increased by 1% when compared to the same period in 2008. The decrease in premiums written is primarily due to declines in excess workers' compensation, contractors' liability and commercial auto premiums that resulted from lower production largely as a consequence of reduced construction and commercial activities. Partially offsetting the decrease in gross premiums in 2009 were $4.7 million in premiums written from MMO Agencies which was formed in 2008 to write premiums through a network of general agents with binding authority subject to underwriting criteria established and monitored by the Company. Other liability gross premiums written and net premiums written increased 8% and 7%, respectively, for the three months ended June 30, 2009 when compared to the same period in 2008. Net premiums earned for the three months ended June 30, 2009 increased by 1% when compared to the same period in 2008. The increase in gross and net premiums written is largely attributable to premiums from MMO Agencies and professional liability that were partially offset by declines in premiums from contractor's liability. Net premiums earned increased largely as a result of a change in mix of gross premiums in the various classes within other liability.
Net losses and loss adjustment expenses incurred as a percentage of net premiums earned (the loss ratio) was 44.4% for the three months ended June 30, 2009 as compared to 85.6% for the same period of 2008. The loss ratio was 48.0% for the six months ended June 30, 2008 as compared to 71.5% for the same period in 2008. The lower loss ratios in 2009 were partly attributable to a lower current accident year loss ratio in the ocean marine and other liability lines of business and partly attributable to larger amounts of favorable loss reserve development. The ocean marine loss ratio benefited in part due to the non-renewal of certain unprofitable hull business and lower reported current accident year losses. The lower other liability loss ratio was due in part to lower loss estimates used for contractors liability business. Partially offsetting this was a higher loss ratio in the inland marine/fire segment as the prior year's loss ratios reflected larger amounts of favorable loss reserve development. The larger loss ratios in 2008 were primarily attributable to the resolution of a dispute over reinsurance receivables with a reinsurer as well as a reevaluation of the provision for doubtful reinsurance receivables that resulted in additional losses of $12.4 million, or added 28.8% and 14.1% to the second quarter and six months ended 2008, respectively, overall loss ratios. 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.

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The Company reported favorable development of prior year loss reserves of $9.3 million and $6.2 million during the first six months and second quarter of 2009, respectively, as a result of favorable reported loss trends arising from the ocean marine and other liability lines of business in 2009, including favorable resolution of large severity claims and lower than expected reporting of claims. In addition, partially contributing to the favorable loss development in 2009 was approximately $2.0 million and $1.8 million in the six months and second quarter ended June 30, respectively, in favorable loss development in the aviation line.
The Company reported adverse development of prior year loss reserves of $9.1 million and $10.1 million during the first six months and second quarter of 2008, respectively. The 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. 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. Policy acquisition costs as a percentage of net premiums earned (the acquisition cost ratio) for the three months ended June 30, 2009 and June 30, 2008 were 21.8% and 22.1%, respectively. The acquisition cost ratios for the six months ended June 30, 2009 and 2008 were 22.5% and 22.0%, respectively. The slightly lower acquisition cost ratio for the three months ended June 30, 2009 was largely attributable to lower acquisition cost ratios in the ocean marine line due to larger writings and override commissions in the energy class. The slightly higher acquisition cost ratio for the six months ended June 30, 2009 was due in part to the other liability line and in part to the ocean marine line of business, largely resulting from the impact of excess of loss reinsurance costs on the acquisition cost ratio.
General and administrative expenses increased by 11.1% for the six months ended June 30, 2009 when compared to the same period of 2008. Larger expenses were incurred in 2009 to service the growth in the Company's business operations, including increased staffing from MMO Agencies personnel as well as computer system implementation expenditures.
The Company's combined ratio (the loss ratio, the acquisition cost ratio and general and administrative expenses divided by net premiums earned) was 93.0% for the three months ended June 30, 2009 as compared to 130.1% for the same period in 2008. The Company's combined ratio was 96.4% for the six months ended June 30, 2009 as compared to 114.4% for the same period in 2008.
Interest expense of $3.4 million and $1.7 million for the six and three months ended June 30, 2009 was comparable to the same periods of 2008. Net investment income (loss) for the six months ended June 30, 2009 was $19.7 million as compared to $(8.1) million for the same period of 2008. Net investment income in 2009 reflected increases in income in trading, limited partnerships and commercial loan portfolios. Trading portfolio income of $3.7 million resulted primarily from the fair value changes in municipal obligations. The net investment (loss) for the six months ended June 30, 2008 reflected trading portfolio losses and losses from limited partnerships. Trading portfolio losses of $(11.4) million resulted primarily from the fair value changes in municipal obligations $(0.3) million, preferred stocks $(4.4) million, economic hedged positions $(1.7) million and exchange traded funds $(5.0) million. Income from our investment in Altrion was $3.0 million and $2.5 million for the first six months of 2009 and 2008, respectively. Limited partnership income for the first six months of 2009 increased from the same period of the prior year as a result of higher returns amounting to 7.6% as compared to 1.4% for the same period of 2008. For the first six months of 2009, fixed income hedge fund strategies reported higher returns than the prior year's comparable period.
Net investment income for the three months ended June 30, 2009 was $13.2 million as compared to $4.9 million for the same period of 2008. Net investment income in 2009 reflected increases in income from trading, limited partnerships and commercial loan portfolios. Trading portfolio income of $0.7 million resulted primarily from the fair value changes in municipal obligations. Income from commercial loans of $1.8 million resulted primarily from the favorable rally in the market for these types of securities during the second quarter of 2009. The net investment income for the three months ended June 30, 2008 reflected income from limited partnerships that was partially offset by trading portfolio losses. Trading portfolio losses of $(0.7) million resulted primarily from the fair value changes in municipal obligations $2.4 million, preferred stocks $(2.2) million, economic hedged positions $2.3 million and exchange traded funds $(3.1) million. Income from our investment in Altrion was $2.9 million and $2.2 million for the second quarter of 2009 and 2008, respectively. Limited partnership income of $8.0 million in the second quarter of 2009 increased from $3.7 million in the prior year's second quarter as a result of higher returns amounting to 6.8% as compared to 2.0% for the same period of 2008. For the second quarter of 2009, fixed income hedge fund strategies reported higher returns than the prior year's comparable period.

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Investment income (loss), net of investment fees, from each major category of investments was as follows:

                                            Six months ended               Three months ended
                                                June 30,                        June 30,
                                          2009            2008            2009             2008
                                                              (in millions)

Fixed maturities held to maturity      $      1.1       $       -      $      0.5       $        -
Fixed maturities available for sale           4.7             3.7             2.7              1.7
Trading securities                            3.7           (11.4 )           0.7             (0.7 )
Commercial loans                              1.9            (0.3 )           1.8              0.8
Equity in earnings of limited
partnerships                                  9.2             0.6             8.0              3.7
Short-term investments                        0.3             1.5             0.1              0.5


Total investment (loss) income               20.9            (5.9 )          13.8              6.0
Investment expenses                          (1.2 )          (2.2 )          (0.6 )           (1.1 )


Net investment (loss) income           $     19.7       $    (8.1 )    $     13.2       $      4.9

As of June 30, 2009 and 2008, investments in limited partnerships amounted to approximately $120.2 million and $171.1 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 June 30, 2009 and June 30, 2008 investments in the trading and commercial loan portfolios collectively amounted to approximately $18.0 million and $135.3 million, respectively. Net investment income (loss) for the six months ended June 30, 2009 and 2008 reflected approximately $5.6 million and $(11.7) million, respectively, derived from combined trading portfolio and commercial loan activities before investment expenses. These activities primarily include the trading of 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 sales of trading and commercial loan investments are also recognized in net investment income. 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 different periods, there may also be a greater volatility associated with the Company's investment income.
Commission and other income decreased to $127,000 for the six months ended June 30, 2009 from $139,000 for the same period in the prior year. Net realized investment gains were $1.7 million for the three months ended June 30, 2009 as compared to net realized investment gains of $898,000 for the same period in the prior year. Net realized investment gains were $1.3 million for the six months ended June 30, 2009 as compared to net realized investment losses of $31.4 million for the same period in the prior year. Net realized investment gains in 2009 reflect gains from the sales of municipal bonds and US Treasury securities. Net realized investment losses for the three months ended June 30, 2008 include other-than-temporary Impairment (OTTI) in the fair value of securities amounting to $32.4 million. The OTTI in 2008 was primarily attributable to the decline in the fair value of "super senior" residential mortgage backed securities held by the Company. The decision to write down such securities as of June 30, 2008 was based upon our uncertainty then that we might not hold such securities until their fair value decline was recovered. Write-downs from (OTTI) in the fair value of securities amounted to $0.5 million for the three months and six months ended June 30, 2009. The OTTI recorded in the three months ended June 30, 2009 was attributable to the Company's intention to sell certain municipal securities that are not expected to recover their entire amortized cost prior to sale.
Total income tax expense (benefit) amounted to $1.9 million and $(4.0) million, respectively, for the three months ended June 30, 2009 and 2008, respectively. Total income tax expense or benefit as a percentage of income or (loss) before taxes was 11.7% and (45.8%) for the three months ended June 30, 2009 and 2008, respectively. Total income tax expense (benefit) amounted to $3.0 million and $(20.9) million, respectively, for the six months ended June 30, 2009 and 2008, respectively. Total income tax expense or benefit as a percentage of income or
(loss) before taxes was 14.4% and (37.7%) for the six months ended June 30, 2009 and 2008, respectively. The lower percentage in 2009 was largely attributable to tax benefits of $3.3 million as a result of the partial reversal of the deferred tax valuation allowance previously provided for capital losses and greater investments in tax exempt municipal bonds.

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Liquidity and Capital Resources
Cash and total investments increased from $547.0 million at December 31, 2008 to $612.2 million at June 30, 2009, principally as a result of the fair value increases of its investments and favorable cash flows from operations. The level . . .

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