EMPLOYERS HOLDINGS, INC. – 10-K – Management's Discussion and Analysis of Consolidated Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to a number of factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
Overview
We are aNevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to select, small businesses primarily in low-to-medium hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughoutthe United States , with a concentration inCalifornia , where 45% of our in-force premiums are generated. Our revenues are primarily comprised of net premiums earned, net investment income, and net realized and unrealized gains and losses on investments. We target small businesses, as we believe that this market is traditionally characterized by more attractive pricing, and stronger persistency when compared to theU.S. workers' compensation insurance industry in general. We believe we are able to price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term top-line revenue growth.
The insurance industry is highly competitive, and there is significant
competition in the national workers' compensation industry that is based on
price and quality of services. We compete with other specialty workers'
compensation carriers, state agencies, multi-line insurance companies,
professional employer organizations, self-insurance funds, and state insurance
pools.
The effects of supply chain interruptions, lingeringU.S labor market shortages impacting certain employer classifications that we insure, inflationary pressures, monetary and fiscal policy measures, overall general economic instability and the COVID-19 pandemic have continued to cause disruptions in business activity. All states, includingCalifornia , where we generated 45% of our in-force premiums as ofDecember 31, 2022 , have experienced adverse economic impacts. Certain classes of business that we insure continue to be adversely and disproportionately affected by these challenges. Our premium growth in 2022 is the result of higher new and renewal business premiums and final audit premiums. The growth in new business premiums we experienced in 2022 was largely driven by our expansion in the classes of business we offer and our growing number of collaborations with strategic business partners. As a result of these initiatives, we closed the year with a record number of policies in-force. AsU.S. labor market shortages improve and wage inflation continues, we expect that rising payrolls will continue to bring further improvement to our top line. We continually review and adjust to changes in our policyholders' payrolls, economic conditions, and seasonality, as experience develops or new information becomes known. Any such adjustments are included in our current operations and are made periodically through mid-term endorsements and/or premium audits. We increased our final audit premium accruals by$24.6 million and recognized$34.8 million of audit premium pick-up in 2022, as our payroll exposure improved withU.S. labor market strengthening and rising wages. Recent increases in market interest rates have negatively impacted the fair value of our fixed maturity investments in 2022. In addition, economic and market disruptions caused by inflationary pressures and geo-political conditions have negatively impacted the fair value of our equity securities in 2022. The negative impacts to our investment portfolio experienced in 2022 have consisted primarily of unrealized investment losses. Conversely, the recent increases in market interest rates have favorably impacted our net investment income throughout 2022.
While we have no international operations, the geo-political uncertainties
associated with the ongoing
the value of our investment portfolio.
30 --------------------------------------------------------------------------------
Results of Operations
Our results of operations for the three year period endingDecember 31, 2022 are as follows: Years Ended December 31, 2022 2021 2020 (in millions) Gross premiums written$ 714.2 $ 589.7 $ 580.1 Net premiums written$ 707.2 $ 583.1 $ 574.9 Net premiums earned$ 675.2 $ 574.4 $ 615.3 Net investment income 89.8 72.7 76.3 Net realized and unrealized (losses) gains on investments (51.8) 54.6 19.0 Other income 0.3 1.4 0.8 Total revenues 713.5 703.1 711.4 Losses and LAE 391.0 315.2 302.4 Commission expense 95.9 76.1 78.8
Underwriting and general and administrative expenses 167.3
160.2 181.3 Interest and financing expenses 3.5 0.5 0.4 Other expenses - 4.1 0.8 Total expenses 657.7 556.1 563.7 Net income before income taxes 55.8 147.0 147.7 Income tax expense 7.4 27.7 27.9 Net income$ 48.4 $ 119.3 $ 119.8 Overview
Our net income was
2021, and 2020, respectively. The key factors that affected our financial
performance during those years included:
•Net premiums earned increased 17.5% in 2022 and decreased 6.6% in 2021, each
compared to the previous year;
•Losses and LAE increased 24.0% in 2022 and 4.2% in 2021, each compared to the
previous year;
•Underwriting and general and administrative expenses increased 4.4% in 2022 and
decreased 11.6% in 2021, each compared to the previous year;
•Underwriting income was
2021, and 2020, respectively;
•Net investment income increased 23.5% in 2022 and decreased 4.7% in 2021, each
compared to the previous year; and
•Net realized and unrealized (losses) gains on investments were
Summary of Consolidated Financial Results
Gross Premiums Written
Gross premiums written were$714.2 million ,$589.7 million , and$580.1 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. The period over period changes in gross premiums earned during 2022, 2021, and 2020 were primarily related to our Employers segment. See -Summary of Financial Results by Segment -Employers. Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net
premiums previously written.
Net Investment Income and Net Realized and Unrealized Gains and Losses on
Investments
We invest in fixed maturity securities, equity securities, other invested
assets, short-term investments, and cash equivalents. Net investment income
includes interest and dividends earned on our invested assets and amortization
of premiums and discounts on our fixed maturity securities, less bank service
charges and custodial and portfolio management fees.
31
--------------------------------------------------------------------------------
Net investment income was $89.8 million , $72.7 million , and $76.3 million for
the years ended December 31, 2022 , 2021, and 2020, respectively. The increase in
2022 was primarily due to higher market interest rates impacting bond yields and
higher invested balances of fixed maturity securities, short-term investments,
and cash and cash equivalents, as measured by amortized cost. The decrease in
2021 was primarily due to lower interest rates impacting bond yields. The
average pre-tax ending book yield on our invested assets was 3.9%, 3.0%, and
3.0% at December 31, 2022 , 2021, and 2020, respectively.
Realized and unrealized gains and losses on our investments are reported
separately from our net investment income. Realized gains and losses on
investments include the gain or loss on a security at the time of sale compared
to its original or adjusted cost (equity securities) or amortized cost (fixed
maturity securities). Realized losses are also recognized for changes in our
CECL allowance or when securities are written down as a result of an
other-than-temporary impairment. Changes in fair value of equity securities and
other invested assets are also included in Net realized and unrealized gains and
losses on investments on our Consolidated Statements of Comprehensive (Loss)
Income.
Net realized and unrealized (losses) gains on investments were $(51.8) million ,
$54.6 million , and $19.0 million for the years ended December 31, 2022 , 2021,
and 2020, respectively.
Net realized and unrealized (losses) gains on investments in 2022 included
$(49.2) million of net realized and unrealized losses on equity securities,
$(3.6) million of net realized losses on fixed maturity securities, and $1.0
million of unrealized gains on other invested assets. The net investment losses
on our equity securities were largely consistent with the performance of U.S.
equity markets. The net investment losses on our fixed maturity securities were
primarily the result of rising market interest rates. The net realized losses on
our fixed maturity securities we experienced in 2022 included a $4.3 million net
increase in our allowance for CECL.
Net realized and unrealized gains on investments in 2021 included $45.6 million
of net realized and unrealized gains on equity securities, $4.1 million of net
realized gains on fixed maturity securities, and $4.9 million of unrealized
gains on other invested assets. The net investments gains on our equity
securities were largely consistent with the performance of U.S. equity markets.
The net investment gains on our fixed maturity securities were primarily the
result of decreases in market interest rates. The net investment gains on our
fixed maturity securities we experienced in 2021 included a $0.5 million net
decrease in our allowance for CECL.
Net realized and unrealized gains on investments in 2020 included $15.8 million
of net realized and unrealized gains on equity securities, $4.5 million of net
realized gains on fixed maturity securities and short-term investments, and
$(1.3) million of unrealized losses on other invested assets. The net investment
gains on our equity securities were largely consistent with the performance of
U.S. equity markets. The net investment gains on our fixed maturity securities
were primarily the result of decreases in market interest rates. The net
investment gains on our fixed maturity securities we experienced in 2020
included a $0.7 million net increase in our allowance for CECL.
Additional information regarding our Investments is set forth under "-Liquidity
and Capital Resources-Investments" and Note 5 in the Notes to our Consolidated
Financial Statements.
Other Income
Other income consists of net gains and losses on fixed assets, non-investment
interest, installment fee revenue, and other miscellaneous income. Beginning in
2022, installment fee revenue is included within our net investment income.
Losses and LAE
Losses and LAE represents our largest expense item and includes claim payments made, amortization of the Deferred Gain, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, estimates for future claim payments and changes in those estimates for current and prior periods, and costs associated with investigating, defending, and adjusting claims. The quality of our financial reporting depends in large part on accurately predicting our losses and LAE, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques. Our current accident year loss estimate continues to consider, and benefit from, overall declines in the on-leveled frequency of compensable indemnity claims. Total claims costs have also been reduced by cost savings associated with our continued focus on accelerating claims settlements. We believe that our current accident year loss estimate is adequate; however, ultimate losses will not be known with any certainty for many years Additional information regarding our reserves for losses and LAE is set forth under "-Critical Accounting Estimates -Reserves for Losses and LAE." See also, "-Summary of Financial Results by Segment -Employers."
Commission Expenses
Commission expenses include direct commissions to our agents and brokers,
including our partnerships and alliances, for the premiums that they produce for
us, as well as incentive payments, other marketing costs, and fees. See
"-Summary of Financial Results by Segment -Employers."
32 --------------------------------------------------------------------------------
Underwriting and General and Administrative Expenses
Underwriting expenses represent those costs that we incur to underwrite and maintain the insurance policies we issue, excluding commissions. Direct underwriting expenses, such as premium taxes, policyholder dividends, and those expenses that vary directly with the production of new or renewal business, are recognized as the associated premiums are earned. Indirect underwriting expenses, such as the operating expenses of each of the Company's subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
General and administrative expenses of the holding company are excluded from the
underwriting expense ratios of our reportable segments.
Interest and Financing Expenses
Interest and financing expenses include fees and interest associated with our$75.0 million three-year revolving credit facility, fees and interest associated with our various credit arrangements with theFederal Home Loan Bank of San Francisco (FHLB), finance lease interest, and other financing fees.
Other Expenses
In 2021, we recorded$3.1 million of employee severance costs resulting from a reduction-in-force, which was undertaken to better align our expenses with current revenues. We also wrote off$1.0 million of previously capitalized costs relating to information technologies identified as no longer being utilized. In 2020, as a result of the effectiveness of our work-from-home transition, we reduced our real estate footprint and closed and vacated various office locations and, accordingly, we recorded charges of$0.8 million related to the abandonment of certain operating leases.
Income Tax Expense
Income tax expense was$7.4 million ,$27.7 million , and$27.9 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively, representing effective tax rates of 13.3%, 18.8%, and 18.9% for the years endedDecember 31, 2022 , 2021, and 2020, respectively. OnJanuary 1, 2000 , EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of theState of Nevada and therefore was not subject to federal income tax. Accordingly, any pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income. Tax-advantaged investment income, pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, Deferred Gain amortization and certain other adjustments reduced our income tax expense computed at a statutory rate of 21% by$4.3 million ,$3.3 million , and$3.1 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. In addition to the adjustments described above, our effective tax rate in 2022 was further reduced by a$1.4 million non-recurring Federal income tax benefit attributable to the repeal of Internal Revenue Code section 847. Additionally, we recognize deferred tax assets when we determine that such assets are more-likely-than-not to be realized in future periods. In making such a determination, we consider all available evidence, including future reversals of existing taxable temporary differences, tax-planning strategies, projected future taxable income, projected future tax rates, and results of recent operations. If it is determined that it is not more-likely-than-not that we could fully realize our deferred tax assets in future periods, we would establish a deferred tax asset valuation allowance that would increase our provision for income taxes. In assessing the need for a deferred tax asset valuation allowance, we are required to make certain judgments and assumptions about our future operations based on historical experience and information regarding reversals of existing temporary differences, carryback capacity, future taxable income and tax planning strategies. Recent events, including changes in market interest rates and significant financial market volatility, have caused us to recognize a net capital deferred tax asset in the amount of$24.7 million atDecember 31, 2022 , as compared to a net capital deferred tax liability of$43.5 million atDecember 31, 2021 . We are currently utilizing tax planning strategies in our assessment of the realizability of a portion of our net capital deferred tax asset atDecember 31, 2022 . These tax planning strategies include the potential sale of selected securities that are currently in a net unrealized gain position for tax purposes to offset future expiring capital loss carryforwards, as well as the holding fixed maturity securities that are currently in a net unrealized loss position for tax purposes until recovery or maturity, if needed, to avoid future expiring capital loss carryforwards. As ofDecember 31, 2022 , we did not require a deferred tax asset valuation allowance.
For additional information regarding our income tax expense see Note 8 in the
Notes to our Consolidated Financial Statements.
33 --------------------------------------------------------------------------------
Summary of Financial Results by Segment
EMPLOYERS
The components of net income before income taxes for our Employers segment are
set forth in the following table:
Years Ended December 31,
2022 2021 2020
($ in millions)
Gross premiums written $ 707.5 $ 588.2 $ 579.8
Net premiums written $ 700.5 $ 581.6 $ 574.6
Net premiums earned $ 672.1 $ 573.7 $ 615.1
Net investment income 82.1 69.3 72.1
Net realized and unrealized (losses) gains on
investments (44.0) 54.5 20.9
Other income 0.3 1.4 0.8
Total revenues 710.5 698.9 708.9
Losses and LAE 397.5 326.2 314.2
Commission expense 95.8 76.1 78.8
Underwriting expenses 138.9 131.2 151.1
Interest and financing expenses 3.0 - 0.1
Other expenses - 4.1 0.7
Total expenses 635.2 537.6 544.9
Net income before income taxes $ 75.3 $
161.3
Underwriting income$ 39.9 $ 40.2 $ 71.0 Combined ratio 94.1 % 93.1 % 88.5 % Underwriting Results Gross Premiums Written
Gross premiums written were
for the years ended
The strong growth in Employers' premiums written in 2022 was the result of higher new and renewal business premiums and final audit premiums. The growth in new business premiums experienced was the result of increases in new business submissions, quotes and binds in the majority of the states in which we operate, which is being largely driven by our expansion in the classes of business that Employers offers. We also increased our final audit premium accruals by$24.6 million and recognized$34.8 million of audit premium pick-up, as our payroll exposure increased withU.S. labor market strengthening and rising wages. In addition, renewal premium benefited from continued strong retention rates throughout the year. The modest growth in Employers' premiums written in 2021 was the result of higher new business premiums and final audit premiums, partially offset by lower renewal premium. The growth in new business premiums experienced was the result of increases in new business submissions, quotes and binds in the majority of the states in which we operate, particularly inCalifornia . We also increased our final audit accruals by$12.3 million , as payroll exposure improved withU.S. labor market strengthening during the second half of the year, although we returned$11.5 million to policyholders throughout the year as a result of lower final audits. Decreases in average rates and policy sizes in many of the states in which we do business negatively impacted our renewal premium in 2021, despite our retention rate remaining strong.
Net Premiums Written
Net premiums written were$700.5 million ,$581.6 million , and$574.6 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively, which included$7.0 million ,$6.6 million , and$5.2 million of reinsurance premiums ceded, respectively.
Net Premiums Earned
Net premiums earned were
the years ended
34 -------------------------------------------------------------------------------- The following table shows the percentage change in Employers' in-force premiums, excluding estimated final audit premium, policy count, average policy size, and payroll exposure upon which our premiums are based as ofDecember 31, 2022 and 2021, respectively, overall, forCalifornia , where 45% of our premiums were generated, and for all other states, excludingCalifornia : Percentage Change Percentage Change 2022 Over 2021 2021 Over 2020 All Other All Other Overall California States Overall California States In-force premiums 8.3 % 8.2 % 8.4 % (1.3) % (1.4) % (1.3) % In-force policy count 7.6 5.3 8.9 6.7 2.8 9.1 Average in-force policy size 0.7 2.8 (0.4) (7.5) (4.0) (9.5) In-force payroll exposure 11.2 9.2 12.2 7.4 10.6 5.8
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents calendar year combined ratios for our Employers
segment.
Years Ended December 31,
2022 2021 2020
Loss and LAE ratio 59.1 % 56.9 % 51.1 %
Commission expense ratio 14.3 13.3 12.8
Underwriting expense ratio 20.7 22.9 24.6
Combined ratio 94.1 % 93.1 % 88.5 %
Loss and LAE Ratio. We analyze our loss and LAE ratios on both a calendar year
and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio includes changes made during the calendar year in reserves for losses and LAE established for insured events occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods. The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE for reported events that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as the reserves established for insured events occurring during that year develop favorably or unfavorably. The accident year loss and LAE ratio is based on our statutory financial statements and is not derived from our GAAP financial information. Our calendar year loss and LAE ratio is analyzed to measure profitability in a particular year and to evaluate the adequacy of premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or unfavorable) of reserves established in prior periods. In contrast, our accident year loss and LAE ratios are analyzed to evaluate underwriting performance and the adequacy of the premium rates charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
The table below reflects Employers' prior accident year loss and LAE reserve
adjustments and the impact to loss ratio.
Years Ended December 31,
2022 2021 2020
($ in millions)
Net premiums earned $ 672.1 $ 573.7 $ 615.1
Losses and LAE $ 397.5 $ 326.2 $ 314.2
Prior accident year favorable development, net 33.4 39.8
81.6
Current accident year losses and LAE$ 430.9 $ 366.0
Current accident year loss and LAE ratio 64.1 % 63.8 %
64.3 %
The increase in Employers' total losses and LAE from 2021 to 2022 was primarily due to higher earned premium, a higher current accident year estimate and less net favorable prior year loss reserve development. Net favorable prior year loss reserve development in 2022 was$33.4 million versus$39.8 million in 2021. The increase in Employers' total losses and LAE from 35 --------------------------------------------------------------------------------
2020 to 2021 was primarily due to less favorable prior year loss reserve
development. Net favorable prior year loss reserve development recognized in
2021 was
The net favorable development recognized in 2022 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2017 and prior, due primarily to decreasing medical and indemnity costs. The net favorable development recognized in 2021 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2017 and prior, due primarily to decreasing medical costs and defense and cost containment, partially offset by: (i)$10.0 million of unfavorable development related to accident year 2019, which is reflective of more weight being placed on now sufficiently seasoned loss trends and patterns originating in part from business written in our newer territories; and (ii)$8.0 million of unfavorable loss development associated with two catastrophic non-COVID claims in accident year 2020. The net favorable development recognized in 2020 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2018 and prior, due primarily to decreasing medical costs, partially offset by$13.3 million of adverse development on accident year 2019 due, in part, to an inability to fully execute our claims initiatives to reduce loss costs as a result of the COVID-19 pandemic. Employers' current accident year loss and LAE ratios from 2020 to 2022 have remained largely consistent due to continued low indemnity claim frequency. In addition, Employers' current accident year loss and LAE ratios continue to reflect the impact of key business initiatives: an emphasis on accelerated settlements of open claims; further diversifying its risk exposure across geographic markets, when appropriate; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across all of its markets. Commission Expense Ratio. Employers' commission expense ratio was 14.3%, 13.3%, and 12.8%, and its commission expenses were$95.8 million ,$76.1 million , and$78.8 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. The increase in Employers' commission expense ratio from 2021 to 2022 was primarily the result of an increase in agency incentive accruals, an increase in new business writings, which are subject to higher commission rates, and a reversal of commissions relating to non-compliant and uncollectible premium recorded in 2021. The increase in Employers' commission expense ratio from 2020 to 2021 was primarily the result of increased commissions on new business writings, which were subject to a higher commission rate. Underwriting Expense Ratio. Employers' underwriting expense ratio was 20.7%, 22.9%, and 24.6%, and its underwriting expenses were$138.9 million ,$131.2 million , and$151.1 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. The improvement in Employers' underwriting expense ratio from 2021 to 2022 was primarily the result of higher earned premiums and active fixed expense management. During 2022, Employers' fixed expenses (payroll, information technology costs, professional fees, facilities and other) decreased$1.2 million in the aggregate, to$96.8 million , and its variable expenses (premium taxes, assessments, policyholder dividends and bad debt expense) increased$8.9 million in the aggregate, to$42.1 million , as a result of the increase in earned premium.
The reduction in Employers' underwriting expenses and the improvement in its
underwriting expense ratio from 2020 to 2021 was primarily the result of
employee reductions and departures, as well as other planned fixed expense
reductions such as professional fees.
Underwriting Income
Employers' underwriting income was
million
Underwriting income or loss is determined by deducting losses and LAE,
commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses,
including Net Investment Income and Net Realized and Unrealized Gains and Losses
on Investments, Other Income, Interest and Financing Expenses, and Other
Expenses, see "-Results of Operations -Summary of Consolidated Financial
Results."
36 --------------------------------------------------------------------------------
CERITY
The components of net loss before income taxes for our Cerity segment are set
forth in the following table:
Years Ended December 31,
2022 2021 2020
(in millions)
Gross premiums written $ 6.7 $ 1.5 $ 0.3
Net premiums written $ 6.7 $ 1.5 $ 0.3
Net premiums earned $ 3.1 $ 0.7 $ 0.2
Net investment income 4.1 2.8 3.1
Net realized and unrealized (losses) gains on
investments (1.3) 0.3 -
Total revenues 5.9 3.8 3.3
Losses and LAE 1.8 0.5 0.1
Commission expense 0.1 - -
Underwriting expenses 13.9 12.9 16.6
Other expenses - - 0.1
Total expenses 15.8 13.4 16.8
Net loss before income taxes $ (9.9) $ (9.6) $ (13.5)
Underwriting loss $ (12.7) $ (12.7) $ (16.5)
Combined ratio n/m n/m n/m
n/m - not meaningful
Underwriting Results
Gross Premiums Written and Net Premiums Written
Cerity's gross and net premiums written were$6.7 million ,$1.5 million and$0.3 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. Cerity's growth in premiums written in 2022 was largely the result of an expansion in the classes of business that it offers, as well as an increase in the growing number of collaborations that it has developed with strategic digital partners.
Cerity's net premiums earned were
for the years ended
Losses and LAE and Underwriting Expenses
Cerity's current accident year loss and LAE ratios in 2022, 2021, and 2020 were highly consistent with those of the Employers' segment. During 2022, Cerity recognized$0.1 million of net favorable prior year loss reserve development, which was the result of observed favorable paid loss cost trends related to accident years 2020 and prior. Cerity did not recognize any prior year loss reserve development in 2021 or 2020. Cerity's underwriting expenses were$13.9 million ,$12.9 million , and$16.6 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. The increase in Cerity's underwriting expenses from 2021 to 2022 related primarily to its variable expenses (premium taxes, assessments and bad debt expense), which increased in the aggregate by$0.7 million as a result of the increase in its earned premium. The decrease in Cerity's underwriting expenses from 2020 to 2021 were primarily the result of employee reductions and departures.
Underwriting Loss
Cerity's underwriting losses were
million
Underwriting income or loss is determined by deducting losses and LAE,
commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses,
including Net Investment Income and Net Realized and Unrealized Gains and Losses
on Investments, Other Income, and Other Expenses, see "-Results of Operations
-Summary of Consolidated Financial Results Consolidated."
37
--------------------------------------------------------------------------------
CORPORATE AND OTHER
The components of net income (loss) before income taxes for Corporate and Other
are set forth in the following table:
Years Ended December 31,
2022 2021 2020
(in millions)
Net investment income $ 3.6 $ 0.6 $ 1.1
Net realized and unrealized losses on investments (6.5)
(0.2) (1.9) Total revenues (2.9) 0.4 (0.8) Losses and LAE - LPT (8.3) (11.5) (11.9) General and administrative expenses 14.5
16.1 13.6
Interest and financing expenses 0.5 0.5 0.3 Total expenses 6.7 5.1 2.0 Net loss before income taxes$ (9.6) $ (4.7) $ (2.8) Losses and LAE - LPT
The table below reflects the impact of the LPT on Losses and LAE, which are
recorded as a reduction to Losses and LAE incurred on our Consolidated
Statements of Comprehensive Income.
Years Ended December 31,
2022 2021 2020
(in millions)
Amortization of the Deferred Gain related to losses $ 6.8 $ 6.7 $ 8.7
Amortization of the Deferred Gain related to contingent
commission 1.5 1.7 1.8
Impact of LPT Reserve Adjustments(1) - 2.6 1.2
Impact of LPT Contingent Commission Adjustments(2) - 0.5 0.2
Total impact of the LPT $ 8.3 $ 11.5 $ 11.9
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred
Gain, which is recognized in losses and LAE incurred on our Consolidated
Statements of Comprehensive Income, such that the Deferred Gain reflects the
balance that would have existed had the revised reserves been recognized at the
inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated
Financial Statements.)
(2)LPT Contingent Commission Adjustments result in a cumulative adjustment to
the Deferred Gain, which is recognized in losses and LAE incurred on our
Consolidated Statements of Comprehensive Income, such that the Deferred Gain
reflects the balance that would have existed had the revised contingent profit
commission been recognized at the inception of the LPT Agreement. (See Note 2 in
the Notes to our Consolidated Financial Statements.)
General and Administrative Expenses
Corporate and Other's general and administrative expenses, which consist primarily of compensation-related expenses, professional fees, and other holding company expenses, were$14.5 million ,$16.1 million , and$13.6 million for the years endedDecember 31, 2022 , 2021, and 2020, respectively. Corporate and Other's compensation-related expenses decreased$2.3 million in 2022 as compared to 2021. The decrease related primarily to the acceleration of share-based awards in connection with the retirement of our former President and Chief Executive Officer in 2021, which served to increase Corporate and Other's compensation-related expenses in that year.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses,
including Net Investment Income, Net Realized and Unrealized Gains and Losses on
Investments, and Interest and Financing Expenses, see "-Results of Operations
-Summary of Consolidated Financial Results."
38
--------------------------------------------------------------------------------
Liquidity and Capital Resources
Despite the unrealized investment losses that we sustained in 2022 as a result of increases in market interest rates, economic and market disruptions caused by inflationary pressures and geo-political conditions, we believe that our capital position remains strong and that the liquidity available to our holding company and its operating subsidiaries remains adequate. As a result, we do not currently foresee a need to: (i) suspend dividends at either the holding company or our insurance subsidiaries; (ii) forgo repurchases of our common stock; (iii) seek additional capital; or (iv) seek any material non-investment asset sales.
Holding Company Liquidity
We are a holding company and our ability to fund our operations is contingent upon our existing capital and the ability of our subsidiaries to pay dividends up to the holding company. Payment of dividends by our insurance subsidiaries is restricted by state insurance laws and regulations, including laws establishing minimum solvency and liquidity thresholds. We require cash to pay stockholder dividends, repurchase common stock, provide additional surplus to our insurance subsidiaries, and fund our operating expenses. Total cash and investments at the holding company were$98.9 million atDecember 31, 2022 , consisting of$37.3 million of cash and cash equivalents,$7.9 million of fixed maturity securities,$33.0 million of equity securities, and$20.7 million of short-term investments. OnDecember 15, 2020 , EHI entered into a Credit Agreement (the Credit Agreement) with a syndicate of financial institutions. The Credit Agreement provides EHI with a$75.0 million three-year revolving credit facility. Borrowings under the Credit Agreement may be used for working capital and general corporate purposes. Pursuant to the Credit Agreement, EHI has the option to request an increase of the credit available under the facility, up to a maximum facility amount of$125.0 million , subject to the consent of lenders and the satisfaction of certain conditions. EHI borrowed and subsequently repaid$10.0 million and$27.0 million under the Credit Agreement during the years endedDecember 31, 2022 and 2021, respectively. EHI had no outstanding advances under the Credit Agreement as ofDecember 31, 2022 and 2021. The interest rates applicable to loans under the Credit Agreement are generally based on a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Eurodollar rate (which will convert to an alternative reference rate once LIBOR is discontinued) plus a specified margin, ranging from 1.25% to 2.25%. Total interest paid during each of the years endedDecember 31, 2022 and 2021 was$0.3 million . The Credit Agreement contains covenants that require us to maintain: (i) a minimum consolidated net worth of no less than 70% of our stockholders' equity as ofSeptember 30, 2020 , plus 50% of our aggregate net income thereafter; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Credit Agreement. As ofDecember 31, 2022 and 2021, EHI was in compliance with each of these requirements. Our insurance subsidiaries' ability to pay dividends to their parent is based on reported capital, surplus, and dividends paid within the prior 12 months. For 2023, EICN cannot pay any dividends throughMarch 23, 2023 and can pay$9.8 million thereafter, without prior regulatory approval; EPIC cannot pay any dividends throughJuly 1, 2023 , and can pay$22.9 million thereafter, without prior regulatory approval; EAC cannot pay any dividends throughJuly 1, 2023 , and can pay$21.0 million thereafter, without prior regulatory approval; and CIC cannot pay dividends throughSeptember 9, 2023 , without prior regulatory approval, and$4.0 million thereafter. OnJanuary 14, 2022 , ECIC received regulatory approval from the California DOI to pay an extraordinary distribution, in the amount of$120.0 million , to its parent company, EGI. This distribution was approved by ECIC's Board of Directors onNovember 12, 2021 and it was paid to EGI onFebruary 15, 2022 . As a result of this distribution, ECIC cannot pay dividends throughFebruary 15, 2023 , without prior regulatory approval and can pay$21.0 million thereafter, without prior regulatory approval.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments, proceeds from FHLB advances, and reinsurance recoveries. The primary uses of cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting and general and administrative expenses, ceded reinsurance, repayments of FHLB advances, investment purchases and dividends paid to their parent. Total cash and investments held by our operating subsidiaries was$2,559.3 million atDecember 31, 2022 , consisting of$52.1 million of cash, cash equivalents, and restricted cash,$2,178.4 million of fixed maturity securities,$170.7 million of equity securities,$98.4 million of short-term investments, and$59.7 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as ofDecember 31, 2022 consisted of$51.9 million of cash and cash equivalents,$164.1 million of publicly-traded equity securities whose proceeds are available within three business days,$616.0 million of highly liquid fixed maturity securities whose proceeds are available within three business days, and$98.4 million of 39 -------------------------------------------------------------------------------- short-term investments whose proceeds are available within three business days. We believe that our subsidiaries' liquidity needs over the next 24 months will be met with cash from operations, investment income, and maturing investments. All of our insurance subsidiaries are members of the FHLB. Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on statutory admitted assets on a per company basis. During 2022, our insurance subsidiaries, with the exception of CIC, received aggregate advances of$182.5 million from the FHLB under their Standard Credit Program, all of which remained outstanding atDecember 31, 2022 . The proceeds from these advances were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. The annualized weighted average interest rate on these advances was 2.65% in 2022. Interest incurred and paid during the year endedDecember 31, 2022 totaled$3.0 million and$2.3 million , respectively. These advances can be repaid at any time without penalty and are collateralized by eligible investment securities. In 2020, the FHLB launched its Recovery Advance Program. The Recovery Advance Program is a zero percent interest, six-month or one-year credit product that members could use to provide immediate relief to property owners, businesses, and other customers struggling with the financial impacts of the COVID-19 pandemic. Each FHLB member was allocated up to$10.0 million in advances under the Recovery Advance Program. OnMay 11, 2020 , our insurance subsidiaries, with the exception of CIC, received a total of$35.0 million of advances from the FHLB under the Recovery Advance Program. The advances were secured by collateral previously pledged to the FHLB by our insurance subsidiaries in support of their existing collateralized advance facility, which was reduced by the amount of these outstanding advances. Our insurance subsidiaries repaid$15.0 million of such advances onNovember 4, 2020 ,$5.0 million onMarch 31, 2021 , and$15.0 million onMay 4, 2021 . FHLB membership also allows our insurance subsidiaries access to Letter of Credit Agreements and onMarch 9, 2018 , ECIC, EPIC, and EAC entered into Letter of Credit Agreements with the FHLB. OnJanuary 26, 2021 , we chose to amend our existing Letter of Credit Agreements among the FHLB and EPIC to decrease its respective credit amount. OnAugust 13, 2021 , we chose to amend our existing Letter of Credit Agreements among the FHLB, ECIC and EAC to decrease their respective credit amounts. The amended Letter of Credit Agreements are between the FHLB and each of EAC, in the amount of$25.0 million , ECIC, in the amount of$35.0 million , and EPIC, in the amount of$10.0 million . The amended Letter of Credit Agreements will expireMarch 31, 2023 . The Letter of Credit Agreements may only be used to satisfy, in whole or in part, insurance deposit requirements with theState of California and are fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements). We purchase reinsurance to protect us against the costs of severe claims and catastrophic events, including pandemics. OnJuly 1, 2022 , we entered into a new reinsurance program that is effective throughJune 30, 2023 . The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage. Our reinsurance coverage is$190.0 million in excess of our$10.0 million retention on a per occurrence basis, subject to certain exclusions. We believe that our reinsurance program meets our needs and that we are sufficiently capitalized. Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by theNational Association of Insurance Commissioners . The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action atDecember 31, 2022 . Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of$745.9 million and$861.4 million were on deposit at each ofDecember 31, 2022 and 2021, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of$70.0 million of securities on deposit atDecember 31, 2022 and 2021. Certain reinsurance contracts require company funds to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we have assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was$2.7 million and$3.1 million atDecember 31, 2022 and 2021, respectively.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as
collectively as a consolidated group. We use trend and variance analyses to
project future cash needs, making adjustments to our forecasts as appropriate.
40 --------------------------------------------------------------------------------
The table below shows our net cash flows. For additional information regarding
our cash flows, see Item 8, Consolidated Statements of Cash Flows.
Years
Ended
2022 2021 2020
Cash, cash equivalents, and restricted cash provided
by (used in): (in millions)
Operating activities $ 99.8 $ 10.8 $ 33.0
Investing activities (146.1) (1.7) 84.3
Financing activities 60.4 (94.4) (111.9)
Increase (decrease) in cash, cash equivalents, and
restricted cash $ 14.1 $ (85.3) $ 5.4
Operating Activities
Net cash provided by operating activities in 2022 included net premiums received
of $646.2 million and investment income received of $88.3 million . These
operating cash inflows were partially offset by net claims payments of $387.7
million , underwriting and general and administrative expenses paid of $145.8
million , commissions paid of $82.6 million , interest and financing fees paid of
$3.5 million , and federal income taxes paid of $15.1 million .
Net cash provided by operating activities in 2021 included net premiums received
of $568.0 million and investment income received of $82.0 million . These
operating cash inflows were partially offset by net claims payments of $394.6
million , underwriting and general and administrative expenses paid of $141.0
million , commissions paid of $74.8 million , and federal income taxes paid of
$28.2 million .
Net cash provided by operating activities in 2020 included net premiums received
of $624.6 million and investment income received of $87.2 million . These
operating cash inflows were partially offset by net claims payments of $402.6
million , underwriting and general and administrative expenses paid of $171.3
million , commissions paid of $85.7 million , and federal income taxes paid of
$18.5 million .
Investing Activities
Net cash used in investing activities in 2022 primarily related to FHLB advances
received, and reinvestment of funds from investment sales, maturities,
redemptions, and interest income. These investing cash outflows were partially
offset by investment sales, maturities and redemptions whose proceeds were used
to fund claims payments, underwriting and general and administrative expenses,
stockholder dividend payments, and common stock repurchases.
Net cash used in investing activities in 2021 primarily related to the
investment of premiums received and reinvestment of funds from investment sales,
maturities, redemptions, and interest income. These investing cash outflows were
largely offset by sales, maturities, and redemptions of investments whose
proceeds were used to fund claims payments, underwriting and general and
administrative expenses, stockholder dividend payments, and common stock
repurchases.
Net cash provided by investing activities in 2020 primarily related to sales,
maturities, and redemptions of investments whose proceeds were used to fund
claims payments, underwriting and general and administrative expenses,
stockholder dividend payments, and common stock repurchases, partially offset by
the investment of premiums received and reinvestment of funds from investment
sales, maturities, redemptions, and interest income.
Financing Activities
Net cash provided by financing activities in 2022 was primarily related to FHLB advances received partially offset by common stock repurchases and stockholder dividend payments. During the year endedDecember 31, 2022 , we borrowed and subsequently repaid$10.0 million under the Credit Agreement. Net cash used in financing activities in 2021 included common stock repurchases and stockholder dividend payments and repayments of FHLB advances. During the year endedDecember 31, 2021 , we borrowed and subsequently repaid$27.0 million under the Credit Agreement. Net cash used in financing activities in 2020 included common stock repurchases and stockholder dividend payments, partially offset by net cash received from the FHLB Recovery Advance Program. Dividends. We paid$28.8 million ,$29.0 million , and$30.5 million in regular quarterly dividends to our stockholders and eligible plan award holders in 2022, 2021, and 2020, respectively. We also paid$27.5 million and$34.0 million in special dividends to our stockholders inJune 2022 andDecember 2022 . The declaration and payment of future dividends to common stockholders will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors our Board of Directors deems relevant. OnFebruary 15, 2023 , the Board of Directors declared a$0.26 quarterly dividend per share, payableMarch 15, 2023 , to stockholders of record onMarch 1, 2023 . 41 -------------------------------------------------------------------------------- Repurchases of Common Stock. We repurchased$30.4 million ,$42.2 million and$99.8 million of our common stock in 2022, 2021, and 2020, respectively. OnJuly 21, 2021 , our Board of Directors authorized a new share repurchase authorization for repurchases of up to$50.0 million of our common stock fromJuly 27, 2021 throughDecember 31, 2022 (the 2021 Program). OnApril 27, 2022 , the Board of Directors authorized a$50.0 million expansion of the 2021 Program to$100.0 million , and extended the program's expiration toDecember 31, 2023 . Future repurchases of our common stock will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and social economic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board of Directors deems relevant. As ofDecember 31, 2022 , we had a remaining common stock repurchase authorization of$47.4 million . See Item 5, Issuer Purchases ofEquity Securities .
Capital Resources
As of
Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years endedDecember 31, 2022 , 2021, and 2020: December 31, 2022 2021 2020 (in millions) Beginning Balance$ 1,213.1 $ 1,212.8 $ 1,165.8 Stock-based obligations 5.1 9.1 9.7 Stock options exercised 1.1 1.1 0.9
Shares withheld to satisfy minimum tax withholdings
for certain stock-based obligations
(2.3) (3.8) (2.7) Acquisition of common stock (30.4) (42.2) (99.8) Dividends declared on common stock and eligible plan awards (91.3) (28.7) (30.8) Net income for the year 48.4 119.3 119.8 Change in net unrealized (losses) gains on investments, net of taxes (199.5) (54.5) 49.8 Ending Balance$ 944.2 $ 1,213.1 $ 1,212.8
Deferred Gain. The Deferred Gain, which totaled
million
gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated
Financial Statements.
Contractual Obligations and Commitments
Other than operating expenses, current and long-term cash requirements include
the following contractual obligations and commitments as of
Leases
We have entered into lease arrangements for certain equipment and facilities. As ofDecember 31, 2022 , we had lease payment obligations of$14.7 million , with$3.5 million payable within 12 months.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As ofDecember 31, 2022 , we had other purchase obligations of$26.1 million , with$7.7 million payable within 12 months.
Unfunded Investment Commitments
We have investments in private equity limited partnerships that require capital distributions to fund the investments and can be called at any time deemed necessary. As ofDecember 31, 2022 , we had unfunded investment commitments of$55.2 million .
Unpaid Losses and LAE reserves
We have developed unpaid losses and LAE reserves payment patterns that are
computed based on historical information. Our calculation of loss and LAE
reserve payments by period is subject to the same uncertainties associated with
determining the level of reserves and to the additional uncertainties arising
from the difficulty of predicting when claims (including claims that have not
yet been reported to us) will be paid. Actual payments of losses and LAE by
period will vary, perhaps materially, to the extent that current estimates of
losses and LAE reserves vary from actual ultimate claims amounts due to
variations between
42
--------------------------------------------------------------------------------
expected and actual payout patterns. As of December 31, 2022 , we had unpaid
losses and LAE reserves of $1,960.7 million , with $315.6 million payable within
12 months. For a discussion of our reserving process, see ''-Critical Accounting
Estimates-Reserves for Losses and LAE.''
The unpaid losses and LAE expense payment patterns are gross of reinsurance
recoverables for unpaid losses. As of
recoverables on unpaid losses and LAE of
is currently expected to be received within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total return; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income, which may fluctuate with changes in interest rates and our current investment strategies. Our Investment Managers follow our written investment guidelines, which are approved by theFinance Committee of the Board of Directors. Our asset allocation is reevaluated by management and reviewed by theFinance Committee of the Board of Directors on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives. As ofDecember 31, 2022 , our investment portfolio consisted of 85% fixed maturity securities. We strive to limit the interest rate risk associated with fixed maturity investments by managing the duration of these securities. Our fixed maturity securities (excluding cash and cash equivalents) had a duration of 3.9 atDecember 31, 2022 . To minimize interest rate risk, our portfolio is weighted toward short-term and intermediate-term bonds; however, our investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be "A," using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity securities portfolio had a weighted average quality of "A" as ofDecember 31, 2022 . Other securities within fixed maturity securities consist of bank loans, which are classified as AFS and are reported at fair value. Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of$197.0 million atDecember 31, 2022 , which represented 8% of our investment portfolio at that time. We also have a$6.7 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period. Our other invested assets made up 2% of our investment portfolio atDecember 31, 2022 and include private equity limited partnerships. Our investments in private equity limited partnerships totaled$59.7 million atDecember 31, 2022 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 3 to 12 years, subject to two or three one-year extensions at the general partner's discretion. We expect to receive distributions of proceeds from dividends and interest from fund investments, as well as from the disposition of a fund investment or portion thereof, from time-to-time during the full course of the fund term. As ofDecember 31, 2022 , we had unfunded commitments to these private equity limited partnerships totaling$55.2 million .
We believe that our current asset allocation meets our strategy to preserve
capital for claims and policy liabilities and to provide sufficient capital
resources to support and grow our ongoing insurance operations.
43 -------------------------------------------------------------------------------- The following table shows the estimated fair value, the percentage of the fair value to total invested assets, and the average ending book yield (each based on the book value of each category of invested assets) as ofDecember 31, 2022 . Estimated Fair Category Value Percentage of Total Book Yield (in millions, except percentages) U.S. Treasuries$ 90.8 3.6 % 2.3 % U.S. Agencies 2.1 0.1 2.9 States and municipalities 317.6 12.7 3.1 Corporate securities 868.1 34.7 3.4 Residential mortgaged-backed securities 360.2 14.4 3.1 Commercial mortgaged-backed securities 55.1 2.2 3.2 Asset-backed securities 66.1 2.6 4.5 Collateralized loan obligations 260.9 10.4 5.9 Foreign government securities 10.2 0.4 3.7 Other securities 155.2 6.2 8.0 Equity securities 197.0 7.9 3.2 Short-term investments 119.1 4.8 4.4 Total investments at fair value$ 2,502.4 100.0 % Weighted average ending yield 3.9 % The following table shows the percentage of total estimated fair value of our fixed maturity securities as ofDecember 31, 2022 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P. Percentage of Total Rating Estimated Fair Value "AAA" 13.6 % "AA" 36.3 "A" 25.9 "BBB" 13.1 Below Investment Grade 11.1 Total 100.0 % Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes. We also make a determination as to whether it is more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity. In addition to recognizing realized gains and losses upon the disposition of an investment security, we also recognize realized gains or losses on AFS debt securities for changes in CECL. We recognized$4.5 million ,$0.2 million and$0.7 million of CECL on AFS debt securities during the years endedDecember 31, 2022 , 2021, and 2020, respectively. The increase of$4.3 million in 2022 was due to significant volatility in the financial markets, which increased our current provision. The remaining fixed maturity securities whose total fair value was less than amortized cost atDecember 31, 2022 , 2021, and 2020, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost. For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains and losses on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both
the use of estimates and judgment, relative to the application of appropriate
accounting policies, which include the recognition of premium revenue,
recoverability of deferred income taxes, and valuation of investments. Our
accounting policies are described in Note 2 to our Consolidated Financial
Statements, however, we believe that the following matters are particularly
important to understand our financial statements
44
--------------------------------------------------------------------------------
because changes in these estimates or changes in the assumptions used to make
them could have a material impact on our results of operations, financial
condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our reserves for each accident year and represents our best estimate of outstanding loss reserves. The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve development is unfavorable when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development is reflected in our operating results through an adjustment to incurred losses and LAE during the period in which it is recognized. Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money, in accordance with GAAP.
The three main components of our loss reserves are case reserves, incurred but
not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the
ultimate cost of each claim (case reserves). These case reserves are continually
monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (a) future payments on claims that are incurred but have not yet been reported to us; (b) a reserve for the additional development on claims that have been reported to us; and (c) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims. LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other. We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
Our loss reserves (gross and net of reinsurance), including the main components
of such reserves, were as follows:
As of December 31,
2022 2021
(in millions)
Case reserves $ 917.6 $ 900.2
IBNR 771.7 818.7
LAE reserves 271.4 262.3
Gross unpaid losses and LAE reserves 1,960.7
1,981.2
Less reinsurance recoverable on unpaid losses and LAE, excluding
CECL allowance
445.4 476.9 Net unpaid losses and LAE reserves$ 1,515.3
We use actuarial methods to analyze and estimate the aggregate amount of loss
reserves. Management considers the results of various actuarial methods and
their underlying assumptions, among other factors, in establishing loss
reserves.
Judgment is required in the actuarial estimation of loss reserves, including the
selection of various actuarial methodologies to project the ultimate cost of
claims. Specifically, judgment is required in the following areas: the selection
of parameters utilized in the various methodologies; the use of industry data
and other benchmarks; and the weighting of differing reserve indications
resulting from alternative methods and assumptions. The adequacy of our ultimate
loss reserves is inherently uncertain and
45
--------------------------------------------------------------------------------
represents a significant risk to our business. We attempt to mitigate this risk
through our claims management processes and by monitoring and reacting to
statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business. Our Internal Actuary prepared reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims. Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims. Management, along with our Internal Actuary, separately analyzed LAE and estimated unpaid LAE. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms. The ranges of estimates of loss reserves produced by our Internal Actuary are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each actuary's point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods. Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current analyses of our Internal Actuary, including a review of the assumptions and the results of the various actuarial methods used. Our Internal Actuary conducted comprehensive studies in the second and fourth quarters. On the alternate quarters, our Internal Actuary updates the results of the preceding quarter's studies for actual claim payment and case reserve activity. The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE atDecember 31 for the last three years, management and our Internal Actuary reviewed and considered the following: (a) our Internal Actuary's assumptions, point estimates, and ranges; and (b) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances. The table below provides the actuarial range of loss reserves, net of reinsurance, that management considered when selecting its best estimate and our carried reserves. As of December 31, 2022 2021 (in millions) Low end of actuarial range$ 1,365.8 $ 1,351.3 Carried reserves 1,515.3 1,504.3 High end of actuarial range 1,687.3 1,687.1
As of
approximately 67% of our total loss reserves on our Consolidated Balance Sheet.
InCalifornia , our recent loss experience from 2012 through 2019, indicates a slight downward trend in medical severity and a slight upward trend in indemnity severity. The reduction in medical severity can be attributed to a number of factors includingCalifornia Senate Bill 863 (SB 863), which was enacted in 2012 and largely became effective in 2013/2014. Among the more significant changes, SB 863 introduced independent medical review (IMR) into the dispute resolution process and filing fees for medical liens. On the indemnity side, various provisions of SB 863 resulted in an overall increase in certain benefits. Our indemnity claims frequency (the number of claims expressed as a percentage of payroll) has decreased year-over-year for the 46 -------------------------------------------------------------------------------- past four years. Aside from the impact of recent regulatory changes, we believe our continued emphasis on accelerating claims settlements, as well as our various underwriting initiatives, have contributed to more favorable trends in ourCalifornia results. InNevada , we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN, but the emergence and payment of claims in recent years has been more favorable than in the long-term history inNevada with the Fund. The expected patterns of claim payments and emergence used in the projection of our ultimate claim payments are based on both long and short-term historical data. In recent evaluations, claim patterns have continued to emerge in a manner consistent with short-term historical data. Consequently, our selection of claim projection patterns has relied more heavily on patterns observed in recent years. Our insurance subsidiaries have been operating in a period characterized by changing environmental conditions in our major markets, entry into new markets, and operational changes. During periods characterized by such changes, at each evaluation, the actuaries and management must make judgments as to the relative weight to accord to long-term historical company data, more recent company data, and external data. We also consider the impact of environmental and operational changes and other factors when selecting the methods used to project ultimate losses and LAE, the parameters to incorporate in those methods, and the relative weights applied to those methods. An internal initiative that began in 2014 emphasizes the settlement of open claims. This initiative has actively driven a significant increase in claims settlement activity and has primarily affected accident years 2009 and forward. However, this activity slowed down during the height of the COVID-19 pandemic in 2020 and 2021. Approximately 55% of our claims payments during the three years endedDecember 31, 2022 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. However, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves atDecember 31, 2022 , we estimate that future medical costs over the lifetime of current claims would increase by approximately$63.9 million on a net-of-reinsurance basis. Under the current elevated inflationary environment, additional inflationary considerations were included in determining the level and adequacy of our reserves, and particular consideration was given to medical and hospital inflation rates as these inflation rates have historically exceeded general inflation rates. Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial
range, the impact on our financial results would have been as follows:
2022
2021
Increase (decrease) in reserves (1) (in millions) At low end of range$ (149.5) $ (153.0) At high end of range 172.0 182.8 Increase (decrease) in stockholders' equity and net income At low end of range$ 118.1 $ 120.9 At high end of range (135.9) (144.4)
(1) The range of actuarial indications captures the range of reasonable
estimates and is asymmetrical (e.g. not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics
than any one model or actuarial methodology can represent, and each methodology
is an approximation of these complex forces and dynamics. None of the methods
are designed or intended to produce an indication that is systematically higher
or lower than the other methods. At any given evaluation date, some of the
actuarial projection methods produce indications outside the actuary's selected
range. Accordingly, we believe that the range of potential outcomes is
considerably wider than the actuarially estimated range of the most likely
outcomes. We have no basis for anticipating whether actual future payments of
losses and LAE may be either greater than or less than the loss reserves
currently on our Consolidated Balance Sheets.
Additionally, any adjustment to the estimated ceded reserves under the LPT
Agreement results in a cumulative adjustment to the Deferred Gain, which is also
included in losses and LAE incurred in the Consolidated Statements of
Comprehensive Income, so that the Deferred Gain reflects the balance that would
have existed had the revised reserves been recognized at the
47
--------------------------------------------------------------------------------
inception of the LPT Agreement. The table below provides the actuarial range of
estimated liabilities for gross loss reserves under the LPT Agreement and our
carried reserves.
As of December 31,
2022
(in millions)
Low end of actuarial range $ 285.1
LPT carried reserves 308.6
High end of actuarial range 349.7
Reinsurance Recoverables
Reinsurance recoverables represent: (a) amounts currently due from reinsurers on paid losses and LAE; (b) amounts recoverable from reinsurers on estimates of reported losses; and (c) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves, and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts due from reinsurers have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the A.M. Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process. Under the LPT Agreement, the Fund initially ceded$1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior toJuly 1, 1995 for consideration of$775.0 million in cash. The estimated remaining liabilities subject to the LPT Agreement were$308.6 million as ofDecember 31, 2022 . Losses and LAE paid with respect to the LPT Agreement totaled$858.9 million atDecember 31, 2022 . We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a deferred reinsurance gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income. Additionally, we are entitled to receive a contingent profit commission under the LPT Agreement. The contingent profit commission is an amount based on the favorable difference between actual paid losses and LAE and expected paid losses and LAE as established in the LPT Agreement. The calculation of actual amounts paid versus expected amounts is determined every five years beginningJune 30, 2004 for the first twenty-five years of the agreement. We are paid 30% of the favorable difference between the actual and expected losses and LAE paid at each calculation point. Each quarter, management records its best estimate of the estimated ultimate contingent profit commission throughJune 30, 2024 , which is impacted by estimates for ceded losses and LAE. The Deferred Gain related to the contingent profit commission is amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries over the life of the contingent profit commission, or throughJune 30, 2024 , and is recorded in losses and LAE incurred in the accompanying Consolidated Statements of Comprehensive Income. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Contingent commission receivable-LPT Agreement and the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income. New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary
of all recently issued and recently adopted accounting standards.



YMCA promotes fitness, friendship
Patan Academy of Health Sciences Reports Findings in Health Services (Factors affecting health insurance utilization among insured population: evidence from health insurance program of Bhaktapur district of Nepal): Health and Medicine – Health Services
Advisor News
- Trump to promote tax breaks in Las Vegas, where residents feel the pinch of high gas prices
- Lifetime income is the missing link to global retirement security
- Don’t let caregiving derail your clients’ retirement
- The ‘magic number’ for retirement hits $1.45M
- OBBBA can give small-business clients opportunities for saving
More Advisor NewsAnnuity News
- Lifetime income is the missing link to global retirement security
- ‘All-weather’ annuity portfolios aim to sharply limit rainy days
- Annuity income: The new 401(k) standard?
- Smart annuity planning can benefit long-term tax planning
- Agam Capital Announces the Continued Growth of Agam ISAC’s Bermuda Platform
More Annuity NewsHealth/Employee Benefits News
- SAFEGUARDING PATIENTS FROM COVERAGE LOSS, ELLMAN TARGETS OVERDUE PREMIUM POLICIES
- EMPLOYER-SPONSORED HEALTH INSURANCE 101
- MORRISON ADVANCES MEASURE ENSURING INSURANCE COVERAGE FOR SEIZURE DETECTION DEVICES
- SENATOR THOMPSON APPLAUDS GOVERNOR'S SIGNING OF SENATE BILL 1942
- FINE MEASURE SECURING INSURANCE COVERAGE FOR EYE MEDICATION PASSES SENATE
More Health/Employee Benefits NewsLife Insurance News
- Lifetime income is the missing link to global retirement security
- AM Best Affirms Credit Ratings of ReliaStar Life Insurance Group Members
- Voya Financial announces expanded Employee Assistance Program services with TELUS Health
- How improving the customer experience can build trust
- AI won’t solve the workforce crisis; here’s what will
More Life Insurance News