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| UFCS > SEC Filings for UFCS > Form 10-Q on 9-Nov-2009 | All Recent SEC Filings |
9-Nov-2009
Quarterly Report
• The resolution of regulatory issues and litigation pertaining to and arising out of Hurricane Katrina.
• The valuation of invested assets.
• The valuation of pension and other postretirement benefit obligations.
• The valuation and recovery of deferred policy acquisition costs.
• The maintenance of strong relationships with our independent agents.
• The maintenance of strong relationships with our reinsurers.
• The adequacy of the reinsurance coverage that we purchase.
• The adequacy of premiums that are charged to our policyholders.
These are representative of the risks, uncertainties and assumptions that could
cause actual outcomes and results to differ materially from what is expressed in
forward-looking statements. Readers are cautioned not to place undue reliance on
these forward-looking statements, which speak only as of the date of this report
or as of the date they are made. Except as required under the federal securities
laws and the rules and regulations of the Securities and Exchange Commission
(the "SEC"), we do not have any intention or obligation to update publicly any
forward-looking statements, whether as a result of new information, future
events or otherwise.
CRITICAL ACCOUNTING ESTIMATES
Critical accounting estimates are defined as those that are reflective of
significant judgments and uncertainties and that potentially may result in
materially different results under different assumptions and conditions. Our
discussion and analysis of our results of operations and financial condition is
based upon our Consolidated Financial Statements, which we have prepared in
accordance with GAAP. As we prepare these financial statements, we must make
estimates and assumptions that affect the reported amounts of assets and
liabilities and the disclosure of contingent assets and liabilities at the date
of the financial statements, and the reported amounts of revenues and expenses
during the reporting period. We evaluate our estimates on an ongoing basis. We
base our estimates on historical experience and on other assumptions that we
believe to be reasonable under the circumstances. Actual results could differ
from those estimates. Our critical accounting estimates are: the valuation of
investments; the valuation of reserves for losses, claims, and loss settlement
expenses; the valuation of reserves for future policy benefits; and the
calculation of the deferred policy acquisition costs asset. These critical
accounting estimates are more fully described in our Management's Discussion and
Analysis of Results of Operations and Financial Condition presented in our
Annual Report on Form 10-K for the year ended December 31, 2008.
OVERVIEW AND OUTLOOK
Our Business
We operate property and casualty and life insurance businesses, marketing our
products through independent agents. Although we maintain a broad geographic
presence that includes most of the United States, more than half of our property
and casualty premiums were written in Iowa, Texas, Missouri, Louisiana and
Colorado for the nine-month period ended September 30, 2009. Approximately
three-fourths of our life insurance premiums were written in Iowa, Nebraska,
Minnesota, Wisconsin and Illinois for the nine-month period ended September 30,
2009.
We conduct our operations through two distinct segments: property and casualty
insurance and life insurance. We manage these segments separately because they
generally do not share the same customer base, and they each have different
pricing and expense structures. We evaluate segment profit or loss based upon
operating and investment results. Segment profit or loss described in the
following sections of the Management's Discussion and Analysis is reported on a
pre-tax basis.
Financial Overview
The insurance market continued to be challenging in the third quarter of 2009;
however our total stockholders' equity increased by $39.1 million or 6.1 percent
from December 31, 2008. The increase was primarily the result of an improvement
in both the fixed income and equity markets, which led to an increase in our
unrealized investment gains. Book value per share increased from $24.10 at
December 31, 2008 to $25.60 at September 30, 2009.
In our property and casualty segment, pricing remained fairly level in the third
quarter despite a continuation of soft market conditions. As pricing pressure
continues, our underwriters are committed to implementing modest rate increases
on accounts with difficult exposures or adverse loss experience, as well as
declining underpriced business.
For the third quarter of 2009, we recorded realized investment gains of
$1.9 million with no investment write-downs as compared to realized losses of
$4.2 million, with $5.9 million of investment write-downs, in the third quarter
of 2008, which may be a sign that the investment markets are steadying.
With a less active hurricane season in 2009 than in 2008, our catastrophe losses
dropped significantly, bringing them closer to what we have historically
incurred in the third quarter of a year. However, Hurricane Katrina litigation
continued to have an impact on our results of operations, which is explained in
further detail in the following sections of Item 2.
Loss settlement expenses decreased in the third quarter of 2009 and the
frequency and severity of construction defect claims stabilized from the second
quarter of 2009. This is a result of some of the initiatives taken to address
construction defect claims, such as providing increased loss control on accounts
and monitoring costs related to outside attorneys.
Our life insurance segment, from an operational standpoint, performed well and
contributed net income, which helped offset the net loss of the property and
casualty segment. The life insurance segment has focused on increasing our life
insurance sales in order to better diversify our portfolio of products. For the
first nine months of 2009, life insurance sales increased 7.3 percent. For the
first nine months of 2009, annuity sales also continued to grow, increasing 35.1
percent as consumers continued to choose investment products with less risk and
guaranteed returns.
Hurricane Katrina
Hurricane Katrina made landfall in New Orleans, Louisiana, on August 29, 2005,
causing an estimated $80 billion in damages. Over 95 percent of our
policyholders in the New Orleans area suffered damage from Hurricane Katrina,
with over 11,000 claims reported. Our total loss and loss settlement expenses
inception to date, net of reinsurance, from Hurricane Katrina claims are
$289.2 million through September 30, 2009. In the first nine months of 2009, our
loss and loss settlement expenses from Hurricane Katrina litigation was
$38.3 million, of which $19.0 million was incurred from an increase in our
incurred but not reported ("IBNR") reserves. The primary reason for this reserve
increase is the continuing unfavorable legal environment related to insurers of
Hurricane Katrina claims in Louisiana.
Our results of operations continue to be hindered by losses related to Hurricane
Katrina. Without Hurricane Katrina losses, our combined ratio would have been
107.4 percent in the third quarter of 2009, compared with 129.0 percent in the
third quarter of 2008, and 103.9 percent for the first nine months of 2009,
compared with 107.0 percent for the same period of 2008.
Conducting business under our subsidiary company, Lafayette Insurance Company,
in the state of Louisiana has put us at a considerable disadvantage in regard to
our Hurricane Katrina claims litigation. Because Lafayette Insurance Company is
domiciled in Louisiana, we are subject to the jurisdiction of the state court
system, with limited access to the federal court system. Hurricane Katrina was,
and remains, the single largest catastrophe loss in our company's history. Four
years later, we continue to feel the impact of Hurricane Katrina as litigation
surrounding the event progresses through the legal system.
In August 2009, we were notified by the U.S. Court of Appeals for the Fifth
Circuit sitting in New Orleans that our appeal of a $21.0 million award to a
commercial policyholder, which was awarded in June 2008, had been denied. On
appeal, we raised several issues, including the coinsurance clause on the
policy, the fact that the award exceeded the policy limits and excessive
penalties were awarded with no consideration or offset for flood damage. While
we strongly believed that these issues were meritorious, we will not be
challenging the court's ruling further, as we feel it is unlikely that the U.S.
Supreme Court would grant a review of the case.
We recorded the final settlement of this litigation, which included additional
interest and penalties awarded by the appellate court and the settlement of an
additional claim that was not included in the original lawsuit, in August 2009.
We paid the policyholder a total of $28.9 million, of which $10.8 million, net
of reinsurance, was incurred in 2008 in response to the initial verdict, and
$6.7 million, net of reinsurance, was incurred in 2009.
Legal developments involving Louisiana Citizens Property Insurance Corporation
("Louisiana Citizens"), which provides insurance for individuals and businesses
unable to secure coverage through the voluntary insurance market, have
contributed to the unfavorable legal climate for insurers in Louisiana. This
publicly funded insurance plan has the ability to issue assessments to insurance
companies doing business in Louisiana, including us, to fund its operations. In
the third quarter of 2009, Louisiana Citizens settled a class action lawsuit for
$18.0 million involving Orleans Parish policyholders whose claims resulted from
Hurricane Katrina. In August 2009, Louisiana Citizens announced its decision to
appeal a $95.0 million judgment in favor of policyholders in Jefferson Parish
whose claims resulted from Hurricanes Katrina and Rita. These judgments and
settlements against Louisiana Citizens could result in large assessments in
future years against insurance companies who do business in Louisiana. These
cases also set a standard for class action certification and settlement
expectations among policyholders and plaintiff's attorneys.
In an unrelated case in April 2009, the Louisiana Supreme Court refused to hear
Louisiana Citizens' appeal of an intermediate appellate court ruling effectively
extending the time for a policyholder to file a lawsuit related to Hurricane
Katrina losses. The Louisiana Citizens policyholder filed suit in February 2008,
nearly two and a half years after Hurricane Katrina.
The Louisiana Fourth Circuit held that the policyholder's deadline for filing
suit would not expire until after she was notified that she could no longer
participate in the class action litigation. The decision in this case has the
potential to increase the number of lawsuits filed against insurance companies
who are or were the subject of class action litigation that was either dismissed
or had the class participants more narrowly defined. Subsequent to this
decision, few additional lawsuits have been filed against our company, and it is
possible that we will receive additional lawsuits in the future due to this
decision.
For further discussion of our legal proceedings, refer to Note 1-Legal
Proceedings in the Notes to Unaudited Consolidated Financial Statements of this
Form 10-Q.
In the four years that have passed since Hurricane Katrina, we have taken
numerous steps to reduce our exposure in the New Orleans area, including
significantly reducing our total insured values, purchasing additional
reinsurance coverage and implementing substantial rate increases. Our modeled
expected average annual loss in Louisiana has been reduced by over 60.0 percent.
We will continue to closely monitor our exposure in Louisiana and may reduce it
further in the future.
We are also in the process of depopulating our Louisiana domiciled subsidiary,
Lafayette Insurance Company. On January 1, 2010, we will cease writing business
through Lafayette in the state of Louisiana. We will continue to provide
personal and commercial insurance in Louisiana under United Fire & Casualty
Company and our subsidiary, United Fire & Indemnity Company. All current
Lafayette Insurance Company policyholders in Louisiana will be offered the
opportunity to renew their policy under either United Fire & Casualty Company or
United Fire & Indemnity Company, unless the policyholder has not paid their
premium or the policy is being nonrenewed for a specific underwriting reason,
such as failure to comply with loss control recommendations.
By no longer doing business under Lafayette in Louisiana, we will have access to
the federal court system if we so choose. If we continued to do business in
Louisiana under Lafayette, we would be required to use the state court system
for all cases, which has proven to be a challenging legal environment in recent
years.
RESULTS OF OPERATIONS
Consolidated Financial Highlights
Three Months Ended September 30, Nine Months Ended September 30,
(In Thousands) 2009 2008 % 2009 2008 %
Revenues
Net premiums earned $ 120,759 $ 128,017 -5.7 % $ 358,751 $ 374,234 -4.1 %
Investment income, net
of investment expenses 27,786 25,192 10.3 78,416 81,091 -3.3
Realized investment
gains (losses) 1,925 (4,154 ) 146.3 (14,716 ) (4,364 ) -237.2
Other income 231 326 -29.1 559 709 -21.2
$ 150,701 $ 149,381 0.9 % $ 423,010 $ 451,670 -6.3 %
Benefits, Losses and
Expenses
Losses and loss
settlement expenses $ 115,167 $ 120,267 -4.2 % $ 291,803 $ 288,456 1.2 %
Future policy benefits 6,101 6,696 -8.9 15,363 17,902 -14.2
Amortization of
deferred policy
acquisition costs 29,015 32,481 -10.7 87,216 97,036 -10.1
Other underwriting
expenses 9,170 7,810 17.4 27,626 20,298 36.1
Disaster charges and
other related
expenses, net of
recoveries (793 ) 484 -263.8 (1,339 ) 4,237 -131.6
Interest on
policyholders'
accounts 10,630 9,844 8.0 30,799 30,507 1.0
$ 169,290 $ 177,582 -4.7 % $ 451,468 $ 458,436 -1.5 %
Loss before income
taxes $ (18,589 ) $ (28,201 ) 34.1 $ (28,458 ) $ (6,766 ) -320.6
Federal income tax
benefit (8,433 ) (11,375 ) 25.9 (16,238 ) (8,544 ) -90.1
Net Income (Loss) $ (10,156 ) $ (16,826 ) 39.6 % $ (12,220 ) $ 1,778 -787.3 %
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Property and Casualty Insurance Segment Results
Three Months Ended September 30, Nine Months Ended September 30,
(In Thousands) 2009 2008 2009 2008
Net premiums written (1) $ 102,113 $ 111,895 $ 337,175 $ 356,407
Net premiums earned $ 109,749 $ 117,278 $ 328,421 $ 345,644
Losses and loss settlement expenses (110,738 ) (116,536 ) (279,411 ) (278,275 )
Amortization of deferred policy
acquisition costs (26,292 ) (29,354 ) (79,434 ) (88,076 )
Other underwriting expenses (6,741 ) (5,389 ) (20,667 ) (14,021 )
Underwriting loss $ (34,022 ) $ (34,001 ) $ (51,091 ) $ (34,728 )
Investment income, net of
underwriting expenses 8,452 7,124 23,582 25,184
Realized investment gains (losses) 1,040 1,724 (7,308 ) 3,056
Other income (loss) 74 (32 ) 119 (61 )
Disaster charges and other related
expenses, net of recoveries 793 (484 ) 1,339 (4,237 )
Loss before income taxes $ (23,663 ) $ (25,669 ) $ (33,359 ) $ (10,786 )
GAAP Ratios:
Net loss ratio (without catastrophes) 68.7 % 68.1 % 67.4 % 62.0 %
Hurricane Katrina litigation - effect
on net loss ratio 23.6 - 11.7 3.1
Net loss ratio with Hurricane Katrina 92.3 % 68.1 % 79.1 % 65.1 %
Other catastrophes - effect on net
loss ratio 8.6 31.3 6.0 15.4
Net loss ratio 100.9 % 99.4 % 85.1 % 80.5 %
Expense ratio (2) 30.1 29.6 30.5 29.6
Combined ratio 131.0 % 129.0 % 115.6 % 110.1 %
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(1) Please refer to the Statutory and Other Non-GAAP Financial Measures section of this report for further explanation of this measure.
(2) The GAAP expense ratio does not include disaster charges and other related expenses, net of recoveries.
Net premiums earned decreased by $7.5 million or 6.4 percent and $17.2 million
or 5.0 percent for the three- and nine-month periods ended September 30, 2009,
due primarily to reduced premiums from continuing competition and pricing
pressure in the insurance market, as well as the nonrenewal of business that did
not meet our underwriting or pricing guidelines. Our premium writings have also
been affected by the downturn in the economy, specifically related to our surety
business and the residential contracting business in our western states.
In the third quarter of 2009, the insurance marketplace remained competitive,
especially in the commercial lines business of non-coastal areas. There was a
minimal decrease in premium levels for our commercial lines business, with all
regions continuing to experience downward pressure on renewal premiums for
medium and large commercial accounts, as well as smaller accounts in some
instances. In our personal lines business, we had an average of mid-single-digit
percentage increases in our rate levels. Recently we received approval for a
double-digit percentage increase on homeowners insurance rates in Louisiana.
While this rate increase will increase the premium level of homeowners accounts
in Louisiana, it is also likely to result in a decrease in the number of new and
renewal policies.
Our new business writings have been successful; however, we have observed a
slight decrease in the overall pricing levels for new business during the
three-months ended September 30, 2009. Though the decreases in our premium
levels were relatively modest, premium levels have been decreasing gradually in
most lines of business since the third quarter of 2004. We have been able to
renew a growing number of accounts at a higher rate or premium level in 2009,
which has historically indicated that the market may be improving.
Our policy retention rate remained strong in both the personal and commercial
lines of business, with approximately 80.0 percent of our policies renewing for
the nine-months ended September 30, 2009. This rate has decreased slightly from
the six-months ended June 30, 2009 as our underwriters continue to focus on
writing good business at an adequate price, preferring quality to volume.
Losses and loss settlement expenses improved by 5.0 percent for the three-months
ended September 30, 2009, as compared with the same period in 2008. This is a
result of a considerable decrease in our pretax catastrophe losses, which
totaled $9.5 million and $36.7 million, excluding loss development on Hurricane
Katrina claims litigation, for the three-month periods ended September 30, 2009
and 2008, respectively. Catastrophe losses were higher than expected in the
three-months ended September 30, 2008 due to an active hurricane season, which
included Hurricanes Gustav and Ike. For the first nine months of 2009, losses
and loss settlement expenses increased 0.4 percent due specifically to
construction defect and products liability claims. Overall, claims frequency has
decreased, while claims severity continues to trend slightly upward,
specifically in our commercial auto and commercial general liability lines of
business.
Amortization of deferred policy acquisition costs decreased 10.4 percent and
9.8 percent in the three- and nine-month periods ended September 30, 2009,
respectively, as compared with the same periods of 2008. The decrease in
premiums written and corresponding unearned premium have resulted in a reduction
of the deferred acquisition costs asset and related amortization.
The deterioration in our property and casualty underwriting results led to an
increase in other underwriting expenses in the three- and nine-month periods
ended September 30, 2009, as we expensed more acquisition costs in 2009 as
compared to the same periods in 2008. The extent to which underwriting expenses
are deferred to future periods is dependent upon our loss ratio.
The following tables display our premiums earned, losses and loss settlement
expenses and loss ratio by line of business for the three- and nine-month
periods ended September 30, 2009 and 2008.
Three Months Ended September 30,
2009 2008
Losses & Loss Losses & Loss
(In Thousands) Premiums Settlement Loss Premiums Settlement Loss
Unaudited Earned Expenses Incurred Ratio Earned Expenses Incurred Ratio
Commercial lines
Other liability (1) $ 29,336 $ 23,437 79.9 % $ 34,091 $ 27,272 80.0 %
Fire and allied lines (2) 26,047 47,836 183.7 27,450 37,010 134.8
Automobile 24,750 19,598 79.2 25,671 15,833 61.7
Workers' compensation 13,205 9,022 68.3 12,952 11,550 89.2
Fidelity and surety 5,455 (436 ) (8.0 ) 5,497 1,024 18.6
Miscellaneous 217 47 21.7 218 166 76.1
Total commercial lines $ 99,010 $ 99,504 100.5 % $ 105,879 $ 92,855 87.7 %
Personal lines
Fire and allied lines (3) $ 5,644 $ 6,262 110.9 % $ 5,322 $ 21,433 402.7 %
Automobile 3,325 3,882 116.8 3,160 2,517 79.7
Miscellaneous 93 38 40.9 84 (157 ) N/A
Total personal lines $ 9,062 $ 10,182 112.4 % $ 8,566 $ 23,793 277.8 %
Reinsurance assumed 1,677 1,052 62.7 % 2,833 (112 ) (4.0 )%
Total $ 109,749 $ 110,738 100.9 % $ 117,278 $ 116,536 99.4 %
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(1) "Other liability" is business insurance covering bodily injury and property damage arising from general business operations, accidents on the insured's premises and products manufactured or sold.
(2) "Fire and allied lines" includes fire, allied lines, commercial multiple peril and inland marine.
(3) "Fire and allied lines" includes fire, allied lines, homeowners and inland marine.
Commercial Lines
For the three months ended September 30, 2009, the loss ratio for our fire and
allied lines was 183.7 percent compared to 134.8 percent for the same period of
2008. The deterioration in this line was driven by additional losses incurred
for Hurricane Katrina claims litigation. In the automobile line of business, our
loss ratio was 79.2 percent for the three months ended September 30, 2009, as
compared to 61.7 percent for the same period of 2008. The deterioration in this
. . .
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