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March 16, 2017 Newswires
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PTC Therapeutics Reports Fourth Quarter and Full Year 2016 Financial Results and Provides Corporate Update

PR Newswire

SOUTH PLAINFIELD, N.J., March 16, 2017 /PRNewswire/ -- PTC Therapeutics, Inc. (NASDAQ: PTCT) today announced a corporate update and reported financial results for the fourth quarter and full year ending December 31, 2016.

"For nearly 20 years, PTC has been committed to delivering new treatment options to patients living with Duchenne muscular dystrophy globally," said Stuart W. Peltz, Ph.D., Chief Executive Officer, PTC Therapeutics, Inc. "Our strong commercial performance in 2016 coupled with the advancements in our clinical programs brings us closer to that goal. I am proud of what we accomplished in 2016, and we will continue to work diligently to bring Translarna to patients globally, as well as develop treatments for additional rare, genetic disorders."

Fourth Quarter and Full Year 2016 Financial Highlights:

  • Translarna net product sales were $25.1 million for the fourth quarter of 2016, representing 98% growth versus $12.7 million in the fourth quarter of 2015. For the full year 2016, Translarna generated $81.4 million in net product sales representing 142% growth compared to $33.7 million in the prior year.
  • Total revenues for the fourth quarter of 2016 were $25.2 million versus $12.7 million in the same period of 2015. Total revenues for 2016 were $82.7 million compared to $36.8 million for the same period of 2015. The change in total revenue was primarily due to growing Translarna net product sales, partially offset by lower grant revenue.
  • GAAP R&D expenses were $26.0 million for the fourth quarter of 2016 compared to $35.0 million for the fourth quarter of 2015. For the full year 2016, GAAP R&D expenses were $117.6 million compared to $121.8 million in the prior year period. The decrease in R&D expense for the fourth quarter and year ended December 31, 2016, as compared to the prior year periods was primarily due to lower costs associated with research and clinical development activities, partially offset by increased costs related to the manufacture of drug product.
  • Non-GAAP R&D expenses were $21.9 million for the fourth quarter of 2016, excluding $4.1 million in non-cash, stock-based compensation expense, compared to $31.4 million for the fourth quarter of 2015, excluding $3.7 million in non-cash, stock-based compensation expense. For the full year 2016, non-GAAP R&D expenses were $100.0 million, excluding $16.8 million in non-cash, stock-based compensation expense and $0.8 million in one-time restructuring expense, compared to $105.7 million for 2015, excluding $16.1 million in non-cash, stock-based compensation expense.
  • GAAP SG&A expenses were $24.2 million for the fourth quarter of 2016 compared to $25.9 million for the fourth quarter of 2015. For the full year 2016, GAAP SG&A expenses were $97.1 million compared to $82.1 million in 2015. The increase in SG&A expense for the fourth quarter and year ended December 31, 2016, as compared to the prior year periods, primarily resulted from additional costs associated with commercial activities in support of Translarna across Europe and other regions.
  • Non-GAAP SG&A expenses were $19.9 million for the fourth quarter of 2016, excluding $4.3 million in non-cash, stock-based compensation expense, compared to $21.7 million for the fourth quarter of 2015, excluding $4.2 million in non-cash, stock-based compensation expense. Full-year 2016 non-GAAP SG&A expenses were $77.3 million, excluding $18.2 million in non-cash, stock-based compensation expense and $1.6 million in one-time restructuring expense, compared to $64.2 million for 2015, excluding $17.8 million in non-cash, stock-based compensation expense.
  • Net interest expense for the fourth quarter of 2016 was $2.1 million compared to net interest expense of $2.5 million in the same period in 2015. The decrease in interest expense is primarily a result of increased interest income related to investments, which partially offset interest expense related to the $150 million convertible debt offering completed during mid-third quarter 2015. The debt was recorded on PTC's balance sheet at a discount, which will be amortized over the life of the bond. For the full year 2016, net interest expense was $8.3 million, compared to $2.4 million for 2015. The increase is primarily due to interest expense accrued in connection with the semi-annual interest payments due on the notes from the convertible debt offering beginning in 2016 for the full year as compared to partial year expense in 2015 partially offset by interest income related to investments.
  • Net loss for the fourth quarter of 2016 was $26.8 million compared to a net loss of $50.9 million for the same period in 2015. Net loss for the full year 2016 was $142.1 million compared to $170.4 million for the same period in 2015.
  • Cash, cash equivalents, and marketable securities totaled approximately $231.7 million at December 31, 2016 compared to approximately $338.9 million at December 31, 2015.
  • Shares issued and outstanding as of December 31, 2016 were 34.3 million, which includes 0.2 million shares of unvested restricted stock.

2017 Guidance:

  • For 2017, PTC expects to achieve ex-U.S. Translarna net sales between $105 and $125 million, assuming current exchange rates, representing continued strong growth year-over-year of its sustainable DMD business. This is driven by both increased penetration into the over 25 countries where Translarna is currently available as well as continued geographic expansion into new territories.  
  • PTC is reviewing its guidance for 2017 operating expenses and ending cash in light of PTC's planned acquisition of Emflaza™ (deflazacort)

Key 2016 Fourth Quarter and other Corporate Highlights:

  • Entry into Asset Purchase Agreement to acquire Emflaza™ (deflazacort). PTC announced today that it entered into an asset purchase agreement with Marathon Pharmaceuticals, LLC, under which PTC plans to acquire all rights to Emflaza, subject to satisfaction of customary closing conditions. Under the terms of the agreement, PTC will make an upfront payment of $140 million to Marathon, comprising of a combination of cash and stock. Following completion of a transition period, Marathon is entitled to receive payments from PTC based on annual net sales of Emflaza beginning in 2018, which PTC expects will range as a percentage of net sales between the low to mid-20s on a blended average basis. In addition, Marathon has the opportunity to receive a single $50 million sales-based milestone.
  • Successful second year of Translarna sales with 2016 revenues of $81.4M, an increase of 142% over the prior year and achieving the upper-end of guidance. PTC has expanded on its strong global footprint in Duchenne muscular dystrophy (DMD), with sales now generated in over 25 countries. Market access discussions regarding funding on a country-by-country basis are ongoing. This strong performance reflects rapid uptake, sustainable pricing, and an estimated high (>90%) compliance to treatment.
  • Filing of New Drug Application for Translarna for the Treatment of Nonsense Mutation Duchenne Muscular Dystrophy Acknowledged.  The FDA has granted standard review and assigned a Prescription Drug User Fee Act (PDUFA) date of October 24, 2017. The PDUFA date is the target date for the FDA to complete its review of the NDA. PTC used the FDA's file over protest regulations to file the NDA, which allowed PTC to have its NDA filed and reviewed following receipt of the FDA's refuse to file determination in February 2016.
  • Two SMA clinical trials on track to advance into pivotal studies in 2017. The spinal muscular atrophy (SMA) program, a joint collaboration with Roche and the SMA Foundation, is expected to advance into two pivotal studies in 2017. SUNFISH and FIREFISH are both two part studies in childhood onset (Type 2/3) and infant onset (Type 1) SMA patients, respectively. Both studies are enrolling the initial dose escalation part of the study which will then transition to the pivotal part of the study evaluating efficacy. Commencement of the pivotal portion of either study will trigger a single $20 million milestone payment to PTC from Roche. RG7916 was recently granted orphan-drug designation by the FDA.
  • Announced results from Phase 3 clinical trial of Translarna (ataluren) in nonsense mutation cystic fibrosis patients. ACT CF did not achieve its primary or secondary endpoints. Ataluren was generally well tolerated and ACT CF confirmed a favorable safety profile for ataluren, which has now been used by more than 1,000 patients across multiple indications. PTC plans to discontinue current clinical development of ataluren in cystic fibrosis and close ongoing extension studies. The company has withdrawn its application for marketing authorization in cystic fibrosis in Europe.
  • Advanced clinical pipeline in rare disorders and oncology. We continue to pursue our Phase 2 proof-of-concept studies of Translarna in additional rare disease indications, including aniridia, MPS I, and Dravet/CDKL5. Clinical development of PTC596, PTC's cancer stem cell investigational new drug, is expected to progress in 2017. Additionally, PTC's genetic disorders research organization is actively advancing lead optimization programs from its splicing platform focused on Huntington's disease and Familial Dysautonomia.

Non-GAAP Financial Measures

In this press release, PTC's financial results and financial guidance are provided in accordance with accounting principles generally accepted in the United States (GAAP) and using certain non-GAAP financial measures. In particular, non-GAAP financial results exclude stock-based compensation expense and one-time restructuring expenses relating to the reorganization of operations intended to improve efficiency and better align costs and employment structure with the Company's strategic plans. These results are provided as a complement to results reported in GAAP, because management uses these non-GAAP financial measures when assessing and identifying operational trends. In management's opinion, these non-GAAP measures are useful to investors and other users of our financial statements by providing greater transparency into the operating performance at PTC and the company's future outlook.

 

PTC Therapeutics, Inc

Consolidated Statements of Operations

(In thousands, except per share data)

Three Months Ended
December 31,

Twelve Months Ended
December 31,

2016

2015

2016

2015

Revenues:

Net product revenue

$

25,119

$

12,694

$

81,447

$

33,696

Collaboration and grant revenue

72

40

1,258

3,070

Total revenues

25,191

12,734

82,705

36,766

Operating expenses:

Research and development (1)

26,011

35,048

117,633

121,816

Selling, general and administrative (2)

24,172

25,887

97,130

82,080

Total operating expenses

50,183

60,935

214,763

203,896

Loss from operations

(24,992)

(48,201)

(132,058)

(167,130)

Interest expense, net

(2,127)

(2,537)

(8,276)

(2,367)

Other income (expense), net

686

42

(1,207)

(465)

Loss before income tax expense

(26,433)

(50,696)

(141,541)

(169,962)

Income tax expense

(363)

(252)

(569)

(485)

Net loss attributable to common stockholders

$

(26,796)

$

(50,948)

$

(142,110)

$

(170,447)

Weighted-average shares outstanding:

Basic and diluted (in shares)

34,168,249

33,915,316

34,044,584

33,626,248

Net loss per share—basic and diluted (in dollars per share)

$

(0.78)

$

(1.50)

$

(4.17)

$

(5.07)

(1) Research and development expense reconciliation

GAAP research and development

$

26,011

$

35,048

$

117,633

$

121,816

Less: share-based compensation

4,078

3,686

16,812

16,138

Less: one-time restructuring cost

(5)

—

840

—

Non-GAAP research and development expense

$

21,938

$

31,362

$

99,981

$

105,678

(2) Selling, general and administrative expense reconciliation

GAAP selling, general and administrative

$

24,172

$

25,887

$

97,130

$

82,080

Less: share-based compensation

4,321

4,163

18,197

17,841

Less: one-time restructuring cost

(17)

—

1,644

—

Non-GAAP selling, general and administrative expense

$

19,868

$

21,724

$

77,289

$

64,239

 

 

PTC Therapeutics, Inc

Summary Consolidated Balance Sheets

(In thousands, except per share data)

December 31, 2016

December 31, 2015

Cash, cash equivalents and marketable securities

$

231,666

$

338,925

Total assets

$

269,345

$

365,281

Total debt

$

98,216

$

91,848

Total deferred revenue

1,587

139

Total liabilities

$

149,762

$

139,280

Total stockholders' equity (34,169,410 and 33,916,559 common shares issued and outstanding at December 31, 2016 and December 31, 2015, respectively)

119,583

226,001

Total liabilities and stockholders' equity

$

269,345

$

365,281

 

Today's Conference Call and Webcast Reminder

PTC will host a call today at 8:30 am ET, which can be accessed by dialing (877) 303-9216 (domestic) or (973) 935-8152 (international) and providing the passcode 61526711. A live, listen-only webcast of the conference call can be accessed on the investor relations section of the PTC website at www.ptcbio.com. An accompanying slide presentation will be posted at 8:15 AM on the investor relations section of the PTC website at www.ptcbio.com. A webcast replay of the call will be available approximately two hours after completion of the call and will be archived on the company's website for two weeks.

About PTC Therapeutics

PTC is a global biopharmaceutical company focused on the discovery, development, and commercialization of novel medicines using our expertise in RNA biology. PTC's internally discovered pipeline addresses multiple therapeutic areas, including rare disorders and oncology. PTC has discovered all of its compounds currently under development using its proprietary technologies. Since its founding nearly 20 years ago, PTC' mission has focused on developing treatments to fundamentally change the lives of patients living with rare genetic disorders. The company was founded in 1998 and is headquartered in South Plainfield, New Jersey. For more information on the company, please visit our website www.ptcbio.com.

For More Information:

Investors:
Emily Hill 
+ 1 (908) 912-9327 
[email protected]

Media:
Jane Baj+1 (908) 912-9167
[email protected]

Forward Looking Statements:

This press release contains forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. All statements, other than those of historical fact, contained in this release are forward-looking statements, including the information provided under the heading "2017 Guidance" and statements regarding: the future expectations, plans and prospects for PTC; the PDUFA date for the NDA; advancement of PTC's joint collaboration program in SMA, including whether and when Sunfish or Firefish may transition into the pivotal part of the applicable study and whether and when a milestone payment to PTC from Roche may be triggered; the closure of extension studies for Translarna for the treatment of nonsense mutation cystic fibrosis; the clinical utility and potential advantages of Translarna (ataluren); advancement of PTC's studies of Translarna for the treatment of other indications; progression of clinical development of PTC596; PTC's expectations with respect to the closing of its planned acquisition of all rights to Emflaza™ (deflazacort), or the "planned acquisition"; PTC's expectations with respect to contingent payments to Marathon based on annual net sales; PTC's strategy, future operations, future financial position, future revenues or projected costs; and the objectives of management.  Other forward-looking statements may be identified by the words "look forward", "plan," "anticipate," "believe," "estimate," "expect," "intend," "may," "target," "potential," "will," "would," "could," "should," "continue," and similar expressions.

PTC's actual results, performance or achievements could differ materially from those expressed or implied by forward-looking statements it makes as a result of a variety of risks and uncertainties, including those related to: PTC's ability to resolve the matters set forth in the Refuse to File letter it received from the FDA in connection with its NDA for Translarna for the treatment of nmDMD, including whether PTC's filing of the NDA over protest with the FDA will result in a timely or successful review of the NDA, and whether PTC will be required to perform additional clinical and non-clinical trials or analyses at significant cost, which, if successful, could potentially support the approval of the NDA filed over protest or a new NDA submission;  PTC's ability to maintain its marketing authorization of Translarna for the treatment of nmDMD in the European Economic Area (EEA), including whether the European Medicines Agency (EMA) determines in future annual renewal cycles that the benefit-risk balance of Translarna authorization supports renewal of such authorization; PTC's ability to enroll, fund, complete and timely submit to the EMA the results of Study 041, a randomized, 18-month, placebo-controlled clinical trial of Translarna for the treatment of nmDMD followed by an 18-month open label extension, which is a specific obligation to continued marketing authorization in the EEA;  the eligible patient base and commercial potential of Translarna and PTC's other product candidates; the outcome of pricing and reimbursement negotiations in those territories in which PTC may be authorized to sell Translarna for the treatment of nmDMD; the enrollment and conduct of studies under the SMA collaboration and events during, or as a result of, the studies that could delay or prevent further development of RG7916;  PTC's scientific approach and general development progress; satisfaction of the conditions to closing the planned acquisition in the anticipated timeframe or at all; PTC's ability to realize the anticipated benefits of the planned acquisition, including the possibility that the expected benefits from the planned acquisition will not be realized or will not be realized within the expected time period; negative effects of the announcement of the planned acquisition on the market price of PTC's common stock; the risk of significant transaction costs, unknown liabilities, and litigation and/or regulatory actions related to the planned acquisition; the sufficiency of PTC's cash resources and its ability to obtain adequate financing in the future for its foreseeable and unforeseeable operating expenses and capital expenditures; and the factors discussed in the "Risk Factors" section of PTC's most recent Quarterly Report on Form 10-Q or Annual Report on Form 10-K as well as any updates to these risk factors filed from time to time in PTC's other filings with the SEC. You are urged to carefully consider all such factors.

As with any pharmaceutical under development, there are significant risks in the development, regulatory approval and commercialization of new products. There are no guarantees that Translarna will receive full regulatory approval in any territory or maintain its current marketing authorization for Translarna for the treatment of nmDMD in the EEA, or prove to be commercially successful in general, or specifically with respect to the treatment of nmDMD.

The forward-looking statements contained herein represent PTC's views only as of the date of this press release and PTC does not undertake or plan to update or revise any such forward-looking statements to reflect actual results or changes in plans, prospects, assumptions, estimates or projections, or other circumstances occurring after the date of this press release except as required by law.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/ptc-therapeutics-reports-fourth-quarter-and-full-year-2016-financial-results-and-provides-corporate-update-300424706.html

SOURCE PTC Therapeutics, Inc.

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September 17, 2026 Newswires
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A-Cap insurers face new takeover push in South Carolina

Image shows the Atlantic Coast Life logo.
South Carolina regulators are again trying to take over a pair of A-Cap insurers. (AI-generated image)
By John Hilton

South Carolina insurance regulators are taking another shot at placing two Advantage Capital Partners-owned insurers into rehabilitation. This time, they appear to have considerably more ammunition.

Director Michael Wise of the South Carolina Department of Insurance filed a 56-page petition Tuesday seeking to take control of insurers Atlantic Coast Life Insurance Co. and Southern Atlantic Re Inc.

Wise argued that A-Cap and CEO Kenneth King gambled on “high-risk and inappropriate investments” that “grievously undermined” the insurers’ financial condition.

“The risky investments appear to be worth substantially less than what Respondents forecast, and they cannot be turned into cash in time to pay policyholder obligations without taking substantial losses on the investments,” the petition states. “These improper investments threaten Respondents’ ability to pay back the thousands of mostly elderly policyholders who bought annuities and other insurance products from Atlantic Coast Life.”

Rehabilitation is a process through which financially-distressed insurers are placed into receivership with the intent of identifying the source of any underlying financial issues and working to remedy them.

If the court grants the petition, the insurers will be placed under the department’s control so regulators can thoroughly vet their finances.

“Filing this petition was a necessary step to protect policyholders and the broader public,” Wise said in a statement. “The department has been closely monitoring a number of concerning signs about the companies’ finances.”

Not the first time

In 2024, South Carolina regulators made multiple regulatory attempts to restrict and intervene in the operations of Atlantic Coast and Southern Atlantic Re due to mounting concerns over its finances and exposure to high-risk private credit

As financial concerns escalated, the department issued a cease-and-desist order on Dec. 11, 2024, that attempted to completely ban Atlantic Coast from writing any new insurance or annuity premiums in the state.

A-Cap appealed and two months later, an administrative law judge struck down the department's ban, ruling that the state had mishandled the situation.

The new petition was filed in the Court of Common Pleas for the Fifth Judicial Circuit in Richland County. A-Cap immediately filed a motion to dismiss the petition on Wednesday, in part because the court “lacks jurisdiction,” the motion states, and the department “fails to state facts sufficient to constitute a cause of action.”

A-Cap also signaled its intent to fight regulators.

“Respondents also oppose the other filings by the Department to date and intend to file responsive briefing in opposition,” its two-page motion reads.

A-Cap could not be reached for comment by the time this story was published.

A shift to annuities

Founded in 1925, Atlantic Coast historically focused on small life insurance and pre-need funeral policies but shifted under A-Cap to selling annuities, regulators say. Its direct premium income and annuity considerations increased from about $25 million in 2015 to roughly $102 million in 2016, the petition says.

“This was a major change in Atlantic Coast Life’s business model and included significant changes to its investment strategy for policyholder funds, resulting in a vastly different risk profile for the company,” the petition states.

South Carolina regulators show how annuity sales spiked after A-Cap acquired Atlantic Coast Life in 2015.

Much of the petition focuses on the insurers’ investments in private-credit assets, including unrated collateral loans and below-investment-grade private-placement bonds. Private credit assets are privately negotiated loans and debt negotiated through non-bank lenders.

As of Dec. 31, 2025, Atlantic Coast reported that 23.8% of its cash and invested assets were in non-investment-grade private-credit bonds and unrated collateral loans. Southern Atlantic Re reported 10.8%.

The department says those figures understated the exposure because some assets were classified as highly rated bonds even though they should have been reported as unrated collateral loans.

After adjusting the classifications, regulators say 30.2% of Atlantic Coast’s cash and invested assets and 15.1% of Southern Atlantic Re’s were in those categories. The department alleges the investment levels exceeded limits contained in the companies’ investment-management agreements with Advantage Capital Management, an A-Cap-affiliated investment adviser.

The petition also alleges that investment expenses paid to advisers had grown to more than twice the industry average relative to the insurers’ size by 2025, while investment performance had remained largely in line with the broader life insurance industry.

“Even among life insurance companies owned by private equity firms, Atlantic Coast Life’s share of investments in non-investment grade bonds and unrated investments was double the average for this industry sector,” the petition states.

Troubled investments alleged

The filing points to several investments in financially troubled companies.

Southern Atlantic Re had more than $30 million invested in Film Services, a company created after Film Finances filed for bankruptcy in 2024 and was acquired in foreclosure by an entity 50% owned by A-Cap, according to the petition.

The department also cites a loan to Brickell PC Insurance Holdings that grew from $6 million to $34.5 million by the end of 2025, even as its maturity was extended and there was no indication the borrower was making interest payments.

Regulators said their investigation shows that the Brickell PC loan is likely “collateralized by shares of Randall & Quilter Investment Holdings Ltd., a company that filed for provisional liquidation in Bermuda following a period of financial distress, and which has since sold its profitable division to a third party.”

A major concern involves the insurers’ financial ties to 777 Partners, the Miami-based investment firm whose affiliated companies have faced financial distress, bankruptcy and federal criminal charges.

Southern Atlantic Re had reinsured more than $500 million of business with 777 Re Ltd. before recapturing more than $600 million of that business in 2024, ending the reinsurance relationship. The department says the transaction did not eliminate the insurers’ broader economic exposure to 777-related assets.

The petition claims the insurers and A-Cap-affiliated entities also had substantial investments tied to 777 Partners. One loan that originated at about $46 million grew to more than $700 million, with more than $100 million in accrued and unpaid interest by April 2024, according to the filing.

In 2025, the insurers’ management said the outstanding loan balance, including capitalized interest, had been converted into a new investment in Caboose Holdings, an A-Cap subsidiary. The department alleges that move did not eliminate the underlying exposure to 777-related assets.

The issue became more significant after 777 Partners and affiliated companies sought Chapter 11 bankruptcy protection in August. The petition says bankruptcy filings disclosed nearly $1.3 billion owed to A-Cap-affiliated companies, with all of those loans in default.

The department says that disclosure conflicted with an A-Cap statement from February that certain 777-related loans had been extinguished and that all legacy 777 risk had been removed.

“Personnel from A-CAP have maintained that they were not participants in any aspect of the fraud scheme but instead are pure victim-witnesses,” the petition notes.

RBC ratios deteriorate

The insurers’ risk-based capital ratios are another central issue.

South Carolina had required Atlantic Coast and Southern Atlantic Re to maintain RBC ratios of at least 500% as conditions of their respective regulatory approvals, according to the petition.

Atlantic Coast reported an RBC ratio of 278% at the end of 2024 and 239% at the end of 2025. Southern Atlantic Re reported 485% at the end of 2025. The companies’ second-quarter 2026 financial statements showed additional deterioration, the petition says.

Atlantic Coast Life’s capital and surplus fell from about $81.7 million at the end of 2025 to $47.4 million by June 30, a 42% decline in six months. Its estimated RBC ratio fell below 185%, according to the filing.

The petition says Atlantic Coast Life also had seven of 12 NAIC Insurance Regulatory Information System ratios outside their usual ranges in 2025, up from four in 2024. Southern Atlantic Re had four of 10 applicable ratios outside the normal range in both years.

Regulators further allege that correcting certain investment classifications and reinsurance credits would reduce the reported RBC ratios substantially.

For example, the petition says removing more than $150 million in excess investments tied to King and A-Cap from Atlantic Coast Life’s admitted assets would have pushed its Dec. 31, 2025, RBC ratio below zero.

Reinsurance concerns

The petition also challenges several reinsurance arrangements.

By the end of 2025, Southern Atlantic Re had assumed more than $2.36 billion in policyholder reserves from Atlantic Coast. Atlantic Coast, in turn, had ceded more than $2 billion of policyholder obligations to Southern Atlantic Re, according to the filing.

The department alleges that Atlantic Coast improperly claimed about $180 million in reinsurance credit for business ceded to Converge Re II and that Southern Atlantic Re improperly claimed about $245 million in credit associated with Aureum Re. The petition says certain assets backing those arrangements did not qualify for reinsurance credit under South Carolina law.

A “higher level of capital is necessary when holding unrated collateral loans compared to holding highly-rated long-term bonds to account for the additional risk inherent in the assets,” regulators say.

The department also alleges that some reinsurance arrangements are undercollateralized, potentially leaving Atlantic Coast Life exposed if counterparties cannot meet their obligations.

Liquidity pressures alleged

The petition says liquidity could become an increasing concern as large blocks of Atlantic Coast annuities reach the end of their surrender-charge periods.

According to company records cited in the filing, annuities with about $900 million in gross fund value are scheduled to reach the end of their surrender-charge periods in 2026, followed by another $900 million in 2027 and $800 million in 2028.

Net of reinsurance, the amounts are nearly $400 million, nearly $300 million and $150 million, respectively.

Policyholders surrendered $463 million in annuity value during the first half of 2026, or $165 million net of reinsurance, according to the petition.

“Respondents’ investments should be structured so that sufficient amounts can be turned into cash near the end of the annuities’ surrender charge periods to match the large volume of expected surrenders,” the petition states.

Atlantic Coast Life also reported a 2025 net operating loss of $25.2 million before capital gains and losses, exceeding a statutory threshold cited by the department by about $9.2 million. Through the second quarter of 2026, its year-to-date operating loss was $14.8 million, the petition says.

The department began a full-scale examination of the insurers in August 2025. The examination remains ongoing and a final report had not been issued when the petition was filed.

© Entire contents copyright 2026 by InsuranceNewsNet.com Inc. All rights reserved. No part of this article may be reprinted without the expressed written consent from InsuranceNewsNet.com.

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