Trends & Challenges in the P/C Insurance Industry Energy Markets at the Eye of the Economic Storm Insurance Information Institute August 2008 Robert P. Hartwig, Ph.D., CPCU, President Insurance Information Institute 110 William Street New York, NY 10038 Tel: (212) 346-5520 Fax: (212) 732-1916 bobh@iii.org www.iii.org Presentation Outline • • • • • • • • • • • • Profitability Underwriting Trends Investment Overview Premium Growth & Pricing Capacity & Policyholder Surplus Directors & Officers Market Energy Market Review Implications of the Weak Economy & Rising Inflation Proposed Changes in the Insurance/Financial Sector Regulation Catastrophic Loss Review & Energy’s Respite Reinsurance Markets Shifting Legal Liability & Tort Environment PROFITABILITY In the Midst of a Cyclical Decline $65,777 $32,936 $44,155 $38,501 $30,029 $20,559 $30,773 $21,865 $10,870 $3,046 $10,000 $19,316 $20,000 $5,840 $30,000 $14,178 $40,000 Insurer profits peaked in 2006 $36,819 $50,000 $24,404 $60,000 $20,598 $70,000 2001 ROE = -1.2% 2002 ROE = 2.2% 2003 ROE = 8.9% 2004 ROE = 9.4% 2005 ROE= 9.6% 2006 ROE = 12.2% 2007 ROAS1 = 12.3%** 2008 ROAS = 6.4%*** $61,940 P/C Net Income After Taxes 1991-2008 ($ Millions)* 08* 07 06 05 04 03 01 -$6,970 00 99 98 97 96 95 94 93 92 91 -$10,000 02 $0 *ROE figures are GAAP; 2008 figure is annualized Q1 net income of $8.234B; 1Return on avg. surplus. Sources: A.M. Best, ISO, Insurance Information Inst. ***9.5% excl. mortgage and finl. guarantee insurers. ROE: P/C vs. All Industries 1987–2008:Q1 20% Mortgage & Financial Guarantee Impact P/C profitability is cyclical and volatile 15% 10% Sept. 11 5% Hugo 0% Andrew Katrina, Rita, Wilma Lowest CAT losses in 15 years Northridge 4 Hurricanes -5% 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08Q1 US P/C Insurers All US Industries 2008 P/C insurer figure is annualized Q1 return on average surplus. Excluding mortgage and financial guarantee insurers = 9.5%. Source: ISO, Fortune; Insurance Information Institute. Profitability Peaks & Troughs in the P/C Insurance Industry,1975 – 2008:Q1 25% 1977:19.0% 1987:17.3% 2006:12.2% 20% 1997:11.6% 15% 10% 5% 2008Q1: 6.4% (9.5% excl. M&FG) 0% 1975: 2.4% 1984: 1.8% 1992: 4.5% 2001: -1.2% 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 -5% *GAAP ROE for all years except 2007 which is ROAS of 12.3%. All figures include mortgage an d financial guarantee insurers. Excluding M&FG insurers 2008:Q1 ROAS is 9.5%.. Source: Insurance Information Institute, ISO; Fortune Factors that Will Influence the Length and Depth of the Cycle • Capacity: Rapid surplus growth in recent years has left the industry with between $85 billion and $100 billion in excess capital, according to analysts, at end of 2007 All else equal, rising capital leads to greater price competition and a liberalization of terms and conditions • • • Reserves: Reserves are in the best shape (in terms of adequacy) in decades, which could extend the depth and length of the cycle Investment Gains: With sharp declines in stock prices and falling interest rates, portfolio yields are certain to fallContributes to discipline and shallower cycle Sarbanes-Oxley: Presumably SOX will lead to better and more conservative management of company finances, including rapid recognition of deficient or redundant reserves With more “eyes” on the industry, the theory is that cyclical swings should shrink • • • Ratings Agencies: Focus on Cycle Management; Quicker to downgrade Information Systems: Management has more and better tools that allow faster adjustments to price, underwriting and changing market conditions than it had during previous soft markets Analysts/Investors: Less fixated on growth, more on ROE through soft mkt. Management has backing of investors of Wall Street to remain disciplined • M&A Activity: More consolidatio would imply greater discipline Source: Insurance Information Institute. Top Industries by ROE: P/C Insurers Still Underperformed in 2007* 56.0% Household & Pers. Products Petroleum Refining Hotels, Casinos, Resorts Oil and Gas Equip., Services Food Services Metals Food Consumer Prod. Network & Other Comms. Aerospace & Defense Medical Prod. & Equip. Electronics, Electrical Equip. Pharmaceuticals Industrial & Farm Equip. Wholesalers: Diversified Packaging, Containers 26.3% 26.1% 24.9% 23.9% 23.0% 22.0% 21.8% 20.6% 20.4% 20.4% 20.3% 20.0% 19.4% 19.2% 14.0% 15.2% P/C Insurers (Stock) All Industries: 500 Median 0% 10% 20% 30% Source: Fortune, May 5, 2008 edition; Insurance Information Institute P/C insurer profitability in 2007 ranked 31st out of 51 industry groups despite renewed profitability, underperforming the All Industry median for the 20th consecutive year 40% 50% 60% UNDERWRITING TRENDS Extremely Strong 2006/07; Relying on Momentum & Discipline for 2008 P/C Insurance Combined Ratio, 2001-2008:Q1 Best underwriting result since the 87.6 combined ratio in 1949 As recently as 2001, insurers paid out nearly $1.16 for every $1 in earned premiums 120 115.8 2005 ratio benefited 107.4 from heavy use of reinsurance which lowered net losses 110 100 Excluding Mortgage & Fin. Guarantee insurers Relatively low CAT losses, reserve releases 100.7 100.1 Including Mortgage & Fin. Guarantee insurers 99.9 98.3 96.7 95.6 92.4 90 2001 2002 Sources: A.M. Best, ISO; III. 2003 2004 2005 2006 2007 *Excluding Mortgage & Financial Guarantee insurers. 08:Q1 08:Q1* Commercial Lines Combined Ratio, 1993-2008F 04 90 91.2 Recent results benefited from favorable loss cost trends, improved tort environment, low CAT losses, WC reforms and reserve releases 95 97.5 102.5 03 100 94.0 111.1 112.3 109.7 110.2 102.0 105 103.9 107.6 110 110.2 112.5 115 110.3 120 105.4 125 Outside CAT-affected lines, commercial insurance is doing fairly well. Caution is required in underwriting long-tail commercial lines. 122.3 Commercial coverages have exhibited significant variability over time. 85 93 94 95 96 97 Sources: A.M. Best (historical and forecasts) 98 99 00 01 02 05 06 07E 08F 35 30 25 20 15 10 5 0 -5 -10 -15 -20 -25 -30 -35 -40 -45 -50 -55 Insurers earned a record underwriting profit of $31.7 billion in 2006, the largest ever but only the second since 1978. Cumulative underwriting deficit from 1975 through 2007 is $422 billion. $561 mill underwriting loss in 08:Q1 incl. mort. & FG insurers 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 $ Billions Underwriting Gain (Loss) 1975-2008:Q1* Source: A.M. Best, ISO; Insurance Information Institute * Includes mortgage & finl. guarantee insurers. INVESTMENT OVERVIEW More Pain, Little Gain Property/Casualty Insurance Industry Investment Gain1 $ Billions $57.9 $60 $52.3 $56.9 $51.9 $47.2 $50 $59.4 $44.4 $42.8 $55.7 $48.9 $36.0 $40 $35.4 $30 $45.3 $63.6 Investment gains are off in 2008 due to lower yields and poor equity market conditions. $20 $10 $12.2 1Investment 08 Q 1 07 06 05 * 04 03 02 01 00 99 98 97 96 95 94 $0 gains consist primarily of interest, stock dividends and realized capital gains and losses. 2006 figure consists of $52.3B net investment income and $3.4B realized investment gain. *2005 figure includes special one-time dividend of $3.2B. Sources: ISO; Insurance Information Institute. FINANCIAL STRENGTH & RATINGS Industry Has Weathered Storms and Economy Well, But Cycle May Takes Its Toll P/C Insurer Impairment Frequency vs. Combined Ratio, 1969-2007E Combined Ratio 115 Combined Ratio after Div P/C Impairment Frequency 2 1.8 1.6 1.4 110 1.2 105 1 0.8 100 95 0.4 2007 impairment rate was a record low 0.12%, one-seventh the 0.8% average since 1969; Previous record was 0.24% in 1972 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 90 0.6 Source: A.M. Best; Insurance Information Institute 0.2 0 Impairment Rate 120 Impairment rates are highly correlated underwriting performance and could reached a record low in 2007 Reasons for US P/C Insurer Impairments, 1969-2005 2003-2005 Affiliate Problems 8.6% Catastrophe Losses 8.6% 1969-2005 Deficient Loss Reserves/Inadequate Pricing 62.8% Deficient Loss Reserves/Inadequate Pricing 38.2% Investment Problems* 7.3% Alleged Fraud 11.4% Rapid Growth 8.6% Reinsurance Sig. Change Failure in Business 3.5% 4.6% Misc. 9.2% Deficient reserves, CAT losses are more important factors in recent years Affiliate Problems 5.6% Catastrophe Losses 6.5% Alleged Fraud 8.6% Rapid Growth 16.5% *Includes overstatement of assets. Source: A.M. Best: P/C Impairments Hit Near-Term Lows Despite Surging Hurricane Activity, Special Report, Nov. 2005; PREMIUM GROWTH Negative Growth in 2007/08 Strength of Recent Hard Markets by NWP Growth* 25% 20% 1975-78 1984-87 2001-04 Post-Katrina period resembles 1993-97 (post-Andrew) 15% 10% 5% 0% -5% 2007: -0.6% premium growth was the first decline since 1943. Down 0.9% in Q1 2008* 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008* -10% Note: Shaded areas denote hard market periods. *2008 is Q1 figure = -0.9%. Ex. M&FG insurers = -0.7% Source: A.M. Best, Insurance Information Institute Growth in Net Written Premium, 2000-2008:Q1* P/C insurers are experiencing their slowest growth rates since 1943… underwriting results are deteriorating 15.3% 10.0% 8.4% 5.0% 4.3% 3.9% Including Mortgage & Fin. Guarantee insurers Excluding Mortgage & Fin. Guarantee insurers 0.5% -0.6% -0.9% -0.7% 2000 2001 2002 2003 2004 2005 2006 2007 08:Q1 08:Q1 *2008:Q1 results shown including and excluding mortgage and financial guarantee insurers. Source: A.M. Best; ISO; Insurance Information Institute. WEAK PRICING Under Pressure in 2008 Cost of Risk vs. Commercial Lines Combined Ratio $11.55 110.2 $8.42 $8 105.4 102.5 102.0 $6 $4 $4.83 $5.20 $5.71 $5.25 $5.70 $6.49 $7.30 $7.70 $6.40 104.1 $10 95 90.5 91.4 90 $2 $0 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 Source: RIMS Benchmark Survey, A.M. Best 2007 Aggregates & Averages; Insurance Information Institute Cost of Risk/$1000 Revenue $13.15 $13.91 $13.50 $12 107.6 105 100 112.3 111.1 109.7 $14 $11.94 110.2 109.4 $8.30 110 112.5 110.2 109.5 $11.95 115 122.3 Commercial Combined Ratio Cost of Risk 118.8 120 $6.10 Commercial Lines Combined Ratio 125 Average Commercial Rate Change, All Lines, (1Q:2004 – 1Q:2008) 0% Source: Council of Insurance Agents & Brokers; Insurance Information Institute 1Q08 -13.5% -12.0% 4Q07 2Q07 1Q07 4Q06 3Q06 2Q06 1Q06 4Q05 3Q05 2Q05 1Q05 4Q04 3Q04 2Q04 1Q04 -16% 3Q07 -13.3% KRW Effect -11.8% -5.3% -3.0% -2.7% -4.6% -14% -11.3% -12% -9.6% -10% -8.2% -8% -9.7% -5.9% -6% -9.4% -4% -7.0% -3.2% -0.1% -2% Magnitude of rate decreases diminished greatly after Katrina but have grown again Cumulative Commercial Rate Change by Line: 4Q99 – 1Q08 Commercial account pricing has been trending down for 3+ years and is now on par with prices in late 2001, early 2002 Source: Council of Insurance Agents & Brokers CAPACITY/ SURPLUS Accumulation of Capital/ Surplus Depresses ROEs U.S. Policyholder Surplus: 1975-2008:Q1* $550 $500 Capacity as of 3/31/08 was $515.6, down 0.4% from 12/31/07 was $517.9B, but 80% above its 2002 trough. $450 Recent peak was $521.8 as of 9/30/07 $400 $ Billions $350 $300 $250 $200 The premium-to-surplus fell to $0.85:$1 at yearend 2007, approaching its record low of $0.84:$1 in 1998 $150 $100 $50 “Surplus” is a measure of underwriting capacity. It is analogous to “Owners Equity” or “Net Worth” in non-insurance organizations $0 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 Source: A.M. Best, ISO, Insurance Information Institute. *As of March 31, 2008 Annual Catastrophe Bond Transactions Volume, 1997-2007 Risk Capital Issues ($ Mill) $8,000 Number of Issuances Catastrophe bond issuance has soared in the wake of Hurricanes Katrina and the hurricane seasons of 2004/2005, despite two quiet CAT years $7,000 $6,000 $5,000 $7,329.6 35 30 25 $4,693.4 20 $4,000 15 $3,000 $1,000 $633.0 $846.1$984.8 $1,139.0 $1,219.5 $966.9 10 $1,991.1 $1,729.8 $2,000 $1,142.8 5 $0 0 97 98 99 00 01 02 03 04 Source: MMC Securities Guy Carpenter, A.M. Best; Insurance Information Institute. 05 06 07 Number of Issuances Risk Capital Issued P/C Insurer Share Repurchases, 1987- Through Q4 2007 ($ Millions) Reasons Behind Capital BuildUp & Repurchase Surge •Strong underwriting results $22,322.6 •Moderate catastrophe losses $418.1 $566.8 $310.1 $658.8 $769.2 91 92 93 94 95 $7,094.1 $5,266.0 $5,242.3 $763.7 $952.4 90 $1,539.9 $311.0 89 $2,764.2 $646.9 88 $4,297.3 $564.0 87 $5,000 $4,586.5 $10,000 Returning capital owners (shareholders) is one of the few options available 2007 repurchases to date equate to 3.9% of industry surplus, the highest in 20 years $2,385.6 $4,497.5 $15,000 •Reasonable investment performance •Lack of strategic alternatives (M&A, large-scale expansion) $20,000 $4,370.0 $25,000 2007 share buybacks shattered the 2006 record, up 214% Sources: Credit Suisse, Company Reports; Insurance Information Inst. 07 06 05 04 03 02 01 00 99 98 97 96 $0 COST OF RISK Utility Sector Focus Utilities: How the Risk Dollar is Spent (Respondent Revenues < $1B) Property Retained Losses 6% Total Liability Premiums 28% Total Property Premiums 20% Total Administration Costs 12% Total Professional Liability Costs Workers Comp 1% Retained Losses 5% Source: 2008 RIMS Benchmark Survey Liability Retained Losses 3% Workers Comp Premiums 12% Total Management Liability Costs 12% Utilities: How the Risk Dollar is Spent (Respondent Revenues > $1B) Property Retained Losses 7% Total Property Premiums 25% Other Costs 1% Total Administration Costs 9% Workers Comp Retained Losses 9% Source: 2008 RIMS Benchmark Survey Total Liability Premiums 26% Liability Retained Losses 5% Total Management Liability Costs 13% Workers Comp Premiums 5% Directors & Officers Coverage Energy Issues Not Today’s Driver of D&O Litigation Leading Utility D&O Insurers by Premium Volume ACE, 6% Chubb, 18% Zurich Insurance, 6% Lloyd's and other London underwriters, 12% Aegis, 41% AIG, 12% Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey Corporate Governance & Directors & Officers Coverage • D&O Litigation Subprime & credit crisis is driving much of the (threatened) litigation today Energy sector is not at center of today’s D&O concerns Focus is on financial institutions and other entities affected by subprime/credit problems Outside of financial institutions, prices falling Shareholder Class Action Lawsuits* 600 497 500 400 300 202 200 164 163 242 231 188 173 Pace of suits is up due in part to subprime issues, housing collapse and market volatility. Defendants include banks, investment banks, builders, lenders, bond and mortgage insurers 267 210215 226237 182 118 111 100 176 108 Includes 96 suits related to subprime in 2007/08 0 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08* *Securities fraud suits filed in U.S. federal courts; 2008 figure is current through July 2. Source: Stanford University School of Law (securities.stanford.edu); Insurance Information Institute Securities Class Action Claims: Total Settlement Dollars, 1998-2007 $17,618 $ Millions $20,000 Cendant WorldCom 6.2 $6,962 $9,693 $3,407 $2,559 3.5 $2,856 $4,992 $1,193 $471 $5,000 $2,002 Tyco $10,000 7.2 Enron 3.2 $15,000 $0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 N = 29 N = 63 N = 89 Source: Towers Perrin; Cornerstone Research N = 93 N = 109 N = 94 N = 109 N = 119 N = 92 N = 111 Disclosure Dollar Loss, 1996-2007* ($ Billions) All Other Filings $ Billions 1996-2007 Average $127B $197 $203 $100 $151 $143 $140 $150 Subprime Filings Disclosure Dollar Loss increased 190% in 2007 $242 $250 $200 Options Backdating $93 $81 $80 $52 $45 $50 $111 $42 $14 $0 96 97 98 99 00 01 02 03 04 05 06 07 * Dollar Disclosure Loss is the decline of market capitalization from the trading day immediately preceding the end of class period to the trading day immediately following the end of the class period. Source: Stanford University School of Law (securities.stanford.edu); Cornerstone Research. Financial Restatements Filed Continue to Grow 1,600 1,523 1,400 1,270 1,195 1,200 After reaching a record high in 2006, restatements declined by 17% to 1,270 in 2007 1,000 800 514 600 400 200 116 158 1997 1998 216 233 270 1999 2000 2001 613 330 0 2002 2003 2004 2005 2006 2007 Sources: Huron Consulting Group 1997-2002, Glass Lewis & Co. 2003-2007; Insurance Info. Institute Origin of D&O Claims for Public Companies, 2007 53% of D&O suits originate with shareholders Competitors, 7% Customers & Clients, 2% Employees, 20% Shareholders, 53% Government, 3% Other 3rd Party, 15% Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey. D&O prices are generally falling except for Financial Institutions D&O Frequency Trends by Asset Size* 98 99 00 03 Source: Tillinghast Towers-Perrin, 2006 Directors and Officers Liability Survey. 04 05 *For-profits only. 0.54 0.93 0.16 0.21 0.15 0.46 0.82 0.68 1.09 0.19 0.17 02 0.50 1.05 1.09 01 0.47 0.40 0.14 0.08 0.32 0.12 0.43 0.37 0.17 0.42 97 Under $100M 1.29 1.39 1.57 $100M-$1B 1.17 96 0.17 0.17 0.6 0.4 0.2 0 1.60 1.6 1.4 1.2 1 0.8 0.41 1.8 1.64 $1B+ 06 Claim Incidence (Susceptibility): Utilities vs. All Businesses, 2007* Utilities 50% Utilities show significantly higher claim susceptibility (50%) compared to all business classes (11%). All Size Groups 11% 0% 100% *Claim susceptibility is defined as the percentage of participants that reported one or more claims over the 10-year experience period. A claim susceptibility of 10% would indicate that one-tenth of all survey participants had at least one claim during the 10-year experience period. Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey Claim Incidence (Frequency): Utilities vs. All Businesses, 2007* Utilities 0.94 All Size Groups 0.19 0 Utilities show significantly higher claim frequency (0.94) compared to all business classes (0.19). 1 *Claim frequency is the average number of claims per participant over the 10-year experience period. A claim frequency of 0.25 would indicate that 100 entities reported a total of 25 claims over the 10-year experience period. Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey D&O Premium Index (1974 Average = 100) Average D&O pricing is down 35% since 2003, after rising 146% from 1999-2003 1400 1200 1,237 1,113 931 1000 800 600 682 746 704 720 720 771 806 793 1,010 827 805 726 720 619 539 503 560 400 200 0 86 88 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey. Top 10 D&O Claim Allegations From Shareholder Claimants by Ownership Private Companies Inadequate/inaccurate disclosure, incl. financial reporting 28% 24% General breach of fiduciary duty 13% Stock or other public offering Divestiture or spinoff 5% Breach of duty to minority shareholders 4% Contract dispute (not relating to construction) 4% Merger or acquisition -- another company the survivor 4% Recapitalization 4% Golden parachutes/executive compensation 3% Merger or acquisition -- your company the survivor 3% 0% Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey 100% Top 10 D&O Claim Allegations From Shareholder Claimants by Ownership Public Companies Inadequate/inaccurate disclosure, incl. financial reporting 42% 20% Stock or other public offering 13% General breach of fiduciary duty 8% Other shareholder/investor issues (specify) 4% Golden parachutes/Executive compensation Dishonesty/fraud (not accounting fraud) 3% Contract dispute (not relating to construction) 2% Use of inside information 2% Accounting fraud 1% Divestiture or spinoff 1% 0% Source: Tillinghast Towers-Perrin, 2007 Directors and Officers Liability Survey 100% ENERGY MARKET REVIEW World Crude Oil Prices: 1997- July 2008 Dollars per Barrel* $160 $140 $120 $100 $80 Crude oil prices in July 2008 ($145.29) are up 855% since January 1998 ($15.21) and 179% from Feb. 2007 ($52.11) In July 2008 oil prices hit record highs above $145 per barrel $60 $40 $20 $15.21 $0 Jan-97 Jan-98 Jan-99 Jan-00 Jan-01 Jan-02 Jan-03 Jan-04 Jan-05 Jan-06 Jan-07 Jan-08 *All countries spot market price weighted by estimated export volume. July 2008 figure is NYMEX crude. Source: Energy Information Administration; http://tonto.eia.doe.gov/dnav/pet/hist/wtotworldw.htm Avg. Annual Change in Consumption of Crude Oil in Major World Regions 000 barrels per day Demand for oil will increase by a projected 49% in China, 30% in India and Middle East by 2015 410 400 242 211 162 200 169158 112 86 100 68 99 36 0 68 15 90 294 230 171 61 -3-21 -100 2005-2015, projected -200 -182 1990-2005 -300 Canada, Mexico and the U.S. U.S. Developing Asia, excl. China and Latin America OECD Europe* Japan Russia Former Soviet and Communist India Middle East -349 China -400 19 56 53 Africa 300 276 Australia, New Zealand, 500 *Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, Turkey and UK. Source: Wall Street Journal, January 3, 2008 edition; International Energy Agency Energy Market: Key Trends Energy loss record continues to improve after second consecutive quiet year (2006/07) Profitable energy sector has led to increased market capacity (highest since 9/11) Greater capacity has led to continued price pressure in 2008 (mirrors most of commercial mkt.) Energy sector not at center of emerging D&O issue arising from subprime issue (no similarities to Enron era) Source: Insurance Information Institute Energy Market: Primary Threats Major CATs, esp. in Gulf of Mexico Facilities running at full capacity: strained? Pushing limits of existing/new technology? Increased political risk abroad in some areas Inflation: Higher labor, contractor & building materials costs: Rebuild/repair costs rising Oil is at center of global commodities boom; Could go bust, esp. as economies weaken? Climate change, CO2 regs, environmental regs Ocean Marine, Transport Risk Terrorism Threats/Vulnerability US political & tort shifts? Source: Insurance Information Institute Oil/Energy is Replacing Credit as Chief Source of Economic Instability Rising oil/energy prices leading to severe economic dislocation and hardship on a global scale Reduced economic growth globally (except energy exporting countries) Fueling inflation Forcing central banks to raise interest rates Encouraging collateral boom in other commodities Increasing the cost of food production Disastrous for transport sector (e.g., airlines) Food, energy costs are acute problems in poorest parts of the world (rioting in some areas) Increasing the power and wealth of states opposed to US policy interests (e.g., Iran, Venezuela) Influence on US biofuels policy Source: Insurance Information Institute Offshore Losses Excl. Windstorm, 1997-2006 Source: Willis Energy Market Review: At Full Stretch? June 2007 Upstream Operating Underwriting Capacities, 2000-07 Source: Willis Energy Market Review: At Full Stretch? June 2007 Worldwide Offshore Construction Losses, 2000-2006 (> $1M) Source: Willis Energy Market Review: At Full Stretch? June 2007 Liability Market Capacity 2000-2007 Source: Willis Energy Market Review: At Full Stretch? June 2007 Global Political Risk is Always an Issue in Energy Markets IRAN: Leader unpopular at home; Constant saber-rattling with US; Domestic energy shortages IRAQ: Situation improving but unclear if Iraqi regime can protect oil infrastucture RUSSIA: Politically and economically resurgent country; nationalism rising NIGERIA: Domestic political instability, energy infrastructure vulnerable VENEZUELA: Chavez is US antagonist Source: Insurance Information Institute UTILITIES, CLIMATE CHANGE & INSURANCE RISK Property, Casualty, Operational and Political Effects Mean Temperature Rise Implies Increase in Extreme Heat Events Unclear whether climate change increases or decreases net demand for energy Less heating in cold months More cooling in hot months Much bigger percentage changes in extremes Source: Dr. Kevin E. Trenberth, National Center for Atmospheric Research, June 2008. Mean Temperature Rise Implies Increase in Extreme Heat Events Increased volatility unambiguously increases operational challenges Much bigger percentage changes in extremes Source: Dr. Kevin E. Trenberth, National Center for Atmospheric Research, June 2008. Elements of Climate Change Risk Affecting Utilities Property Risk Liability Risk Operational Risk Political & Reputation Risk Potential Issues •Assumption is that climate will generally be more volatile •Extreme events more frequent •Implies utility disruptions (local/regional power outages) more frequent, more extensive •Hurricanes more intense (facility/infrastructure damage, fuel costs) •Utilities will be blamed for less stable electrical service, surge losses and interruption to business •CO2 emission •Carbon capture & sequestration •Liability associated with alternative energy •Rising and volatile fuel costs •Increased need for hedging, substitute adds risk •Utilities caught in between •Consumers, consumer advocates, politicians will blame power generators (in part) for high prices •Regulators/legislators could slow ability to pass along increases in cost to consumers Source: Insurance Information Institute. Risk CO2 REGULATION Greenhouse Gases Can Be Reduced, But at What Cost? CO2 Caps Set by S. 2191 Through 2050 (Billions of Metric Tons) Billions of Metric Tons 2005 emission level Lieberman-Warner (S. 2191) imposes ambitious CO2 reduction targets 15% below 2005 emission level 6 5.2 5 4.43 4 33% below 2005 emission level 52% below 2005 emission level 3.47 3 2.51 2 70% below 2005 emission level 1.56 1 0 2012 2020 2030 2040 Source: Heritage Foundation; America’s Climate Security Act of 2007, S. 2191, 110th Congress, 1st Sess. (2007), Sec. 1201 (d). 2050 Comparing Simulations of Carbon Dioxide Fees Carbon Fees Per Ton, Adjusted for Inflation Carbon fee estimates vary, but price grows sharply over time with emission reduction mandates (108% under EPA scenario) $150 $100 $83 $68 $50 $101 $49 $56 $40 $50 $51 $83 $65 $58 $68 $0 2015 2020 The Heritage Foundation* 2025 MIT** 2030 EPA** *In 2006 dollars; *In 2005 Dollars. Source: Heritage Foundation, The Economic Costs of the Lieberman-Warner Climate Change Legislation, May 2008. Per-Household Carbon Dioxide Emissions In Metric Tons for 2007 AK AL 19.9 WA 4.2 ME 10.3 MT 51.3 ND 114.8 MN 18.4 OR 4.9 ID 1.6 WY 218.1 UT 44.8 CO 22.7 CA 4.9 HI 20.9 20 to 29.9 30 to 39.9 40 to 220 Source: Heritage Foundation DC 0.4 OH 28.7 IN 50.1 WV 114.5 VA 14.5 KY 56.4 MO 34.3 NC 21.2 TN 25.8 AZ 24 OK 37.7 NM 45.5 SC 24.7 AR 25.8 MS 24 TX 31.8 AL 47.4 CT 8.3 NJ 6.3 PA 26 IL 21.1 KS 32.7 0 to 9.9 10 to 19.9 MI 19.5 IA 33.6 NE 31.8 NV 17.7 NY 7.2 WI 21.6 SD 11.3 VT 0 NH 14 MA 9.7 GA 26.6 LA 34.6 FL 17.8 RI 6.2 DE 18.4 MD 14.6 Carbon Sequestration: An Alien Concept to Most Americans Source: Back cover of Discover Magazine, July 2008. Domestic Political Risk Rising for Energy Sector Profits, Economic Dislocation Could Lead to Taxation & More Regulation Energy Goods & Services as % of All Personal Consumption Expenditures** 1929 -2008:Q1 10% Great Depression Arab Oil Embargo, Iranian Revolution 9% WW II 8% Energy Goods & Services account for 6.6% of all consumer expenditures and are at their highest level since 1985, and up from 4.5% in 2002 7% 6% This is fourth and second largest (in % terms) of the great energy inflations since 1929 5% 4% Crash of Dollar 3% 1929 1939 1949 1959 1969 1979 1989 *First quarter 2008. **Includes electricity and fuel oils. Source: US Bureau of Economic Analysis (Insurance Information Institute calculations). 1999 2008* Increases in Energy Goods & Services as a % of All Personal Cons. Expenditures** 60% 53.9% 47.0% 50% 40% 30% 20% 10% 46.4% 39.3% Energy Goods & Services expenditures (including electricity) as % of all expenditures are in the midst of their biggest run-up since the 1970s energy crises 0% 1929-1933 1944-1958 1972-1981 1998-2008* *As of 2008:Q1 **Includes energy and food costs. Sources: Insurance Information Institute calculations from Bureau of Economic Analysis data. Domestic Political Problems on the Rise for Energy Concerns Windfall profits tax is a major risk to energy firms Top 5 publicly traded energy firms earned $120 billion in 2007 (roughly twice entire p/c industry) Announced share buybacks increased from $10B in 2003 to $60B in 2006 (500%), while spending on: Existing oil field develop. rose just 43% ($35B to $50B) New oil field development rose 67% ($6B to $10B) Reality is that “incidence” of a tax will largely fall on the consumer Watch for additional focus on “bottlenecks” such as refineries which exert control over supply Source: CNNMoney.com, 5/6/08; Insurance Information Institute Domestic Political Problems on the Rise for Energy Concerns Continued Local Opposition to Building New Energy Generation Facilities of Any Sort (“NIMBY”) But energy firms will still be blamed for high prices States Requiring Plant Designs that Conform to Their Own CO2 Reduction Goals (Patchwork) Recent Georgia Case High Construction Costs; Immense Red Tape Miscomprehension over Short and IntermediateTerm Potential of Alternative Energy No Understanding of Carbon Capture & Sequestration Technology, Risk or Cost Source: Insurance Information Institute A STORMY ECONOMIC FORECAST What a Weakening Economy & The Threat of Inflation Mean for the Insurance Industry Real GDP Growth* 1.9% 1.2% 1.5% 0.4% 0.9% 0.6% 1% 0.6% 0.8% 2% 2.9% 3.8% 2.9% 1.6% 3% 3.1% 3.6% 2.5% 4% 3.7% 5% 2.7% 4.9% 6% 2.5% Economic growth has slowed dramatically in recent quarters, though no official recession has occurred 09:4Q 09:3Q 09:2Q 09:1Q 08:4Q 08:3Q 08:2Q 08:1Q 07:4Q 07:3Q 07:2Q 07:1Q 2006 2005 2004 2003 2002 2001 2000 0% *Yellow bars are Estimates/Forecasts from Blue Chip Economic Indicators. Source: US Department of Commerce, Blue Economic Indicators 6/08; Insurance Information Institute. 2.9% 2.2% 1.4% 2.0% 2.8% 2.7% 1.6% 2.3% 2% US growth is among the slowest in 2008 2.8% 2.6% 1.6% 1.7% Economic growth is expected to slow globally in 2008, adversely impact global exposure growth and slowing absorption of excess capital 6% 4% 2009 2.8% 3.1% 1.8% 1.9% 8% 2008 2.2% 2.1% 1.3% 1.6% 10% 2007** 3.0% 2.7% 3.5% 12% 2006* 4.8% 14% 11.1% 11.4% 9.7% 9.3% Percent Change in GDP By Country, 2006-2009 EuroZone U.S. -1% Canada Mexico Japan U.K. China * Best estimates available. **In most cases, actual data for 2007. Where actual data not available, figures are consensus forecasts from Dec. 10., 2007 issue of Blue Chip Economic Indicators. Source: Blue Chip Economic Indicators, May 10, 2008. 5% 0% -5% Real NWP Growth -10% 6% 4% 78 5.2% 79 -0.9% 80-7.4% 81 -6.5% 82 -1.5% 1.8% 83 84 4.3% 85 86 87 5.8% 88 0.3% 89 -1.6% -1.0% 90 91 -1.8% 92 -1.0% 3.1% 93 94 1.1% 95 0.8% 96 0.4% 97 0.6% 98 -0.4% 99 -0.3% 1.6% 00 01 5.6% 02 03 7.7% 04 1.2% 05 -2.9% 06 -0.5% -3.4% 07 08F -4.9% Real NWP Growth 15% 10% 8% 2% Real GDP Growth 20% P/C insurance industry’s growth is influenced modestly by growth in the overall economy 13.7% 25% 18.6% 20.3% Real GDP Growth vs. Real P/C Premium Growth: Modest Association 0% -2% Real GDP -4% Sources: A.M. Best, US Bureau of Economic Analysis, Blue Chip Economic Indicators, 6/08; Insurance Information Inst. Summary of Economic Risks and Implications for (Re) Insurers Economic Concern Subprime Meltdown/ Credit Crunch Lower Interest Rates Stock Market Slump General Economic Slowdown/Recession Risks to Insurers •Some insurers have some asset risk •D&O/E&O exposure for some insurers •Client asset management liability for some •Bond insurer problems; Muni credit quality •Lower investment income •Decreased capital gains (which are usually relied upon more heavily as a source of earnings as underwriting results deteriorate) •Reduced commercial lines exposure growth •Surety slump •Decreased workers comp frequency due to drop in high hazard class employment Toward a New World Economic Order 1. Credit Crunch (incl. Subprime) Issue Will Ultimately Cost Hundreds of Billions Globally (est. up to $600B) • Problem exacerbated by leveraged bets taken by some financial institutions therefore its reach extends beyond simple defaults 2. Heavy Toll on Capital Base of Some Large Financial Institutions Worldwide (e.g., Bear Stearns) • • Cash infusions necessary; Sovereign Wealth Funds important source Federal Reserve forced into playing a larger role; must improvise 3. Most Significant Economic Event in a Generation • US economy will recover, but will take 18-24 months 4. Shuffling of Global Economic Deck; Economic Pecking Order Shifting • China, oil producing countries hold the upper hand 5. IOUs are Being Redeemed • Stakes in hard assets/institutions demanded 6. Good News: No Shortage of Available Capital • Central banks are (generally) making right decisions; Dollar sinks Source: Insurance Information Institute Post-Crunch: Fundamental Issues To Be Examined Globally • • • • Adequacy of Risk Management, Control & Supervision at Financial Institutions Worldwide Failure of risk management (and regulation) Implications for ERM? Includes review of incentives Effectiveness and Nature of Regulation What sort of oversite is optimal given recent experience? Credit problems arose under US and European (Basel II) regulatory regimes Will new regulations be globally consistent? Can overreactions be avoided? Capital adequacy & liquidity Accounting Rules Problems arose under FAS, IAS Asset Valuation, including Mark-to-Market Structured Finance & Complex Derivatives Ratings on Financial Instruments New approaches to reflect type of asset, nature of risk Source: Insurance Information Institute Summary of Treasury “Blueprint”for Financial Services Modernization Impacts on Insurers Treasury Regulatory Recommendations Affecting Insurers • • • • Establishment of an Optional Federal Charter (OFC) Would provide system for federal chartering, licensing, regulation and supervision of insurers, reinsurer and producers (agents & brokers) OFC Would Incorporate Several Regulatory Concepts Ensure safety and soundness Enhance competition in national and international markets Increase efficiency through elimination of price controls, promote more rapid technological change, encourage product innovation, reduce regulatory costs and provide consumer protection Establishment of Office of National Insurance (ONI) Department within Treasury to regulate insurance pursuant to OFC Headed by Commissioner of National Insurance Commissioner has regulatory, supervisory, enforcement and rehabilitative powers to oversee organization, incorporation, operation, regulation of national insurers and national agencies UPDATE: HR 5840 Introduced April 17 Would Establish Office of Insurance Information (OII) Would create industry “voice” within Treasury Source: Department of Treasury Blueprint for a Modernized Financial Regulatory System, March 2008. Inflation Overview Pressures Claim Costs, Expands Probable & Possible Max Losses Inflation Rate (CPI-U, %), 1990 – 2009F 6 5 4.9 5.1 Inflation was just 2.8% in 2007 but is accelerating. Medical cost inflation, important in WC, auto liability and other casualty covers is running far ahead of inflation. Rising inflation can also lead to adverse reserve development and inadequate reinsurance. 4.2 3.8 4 3.0 3.2 3 2 1 3.3 3.4 3.0 2.9 2.8 2.6 2.4 2.5 2.3 2.8 3.9 2.6 1.9 1.5 1.3 Inflation on year-over-year basis was 3.9% in April, well above the recent historical average 0 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08* 08F 09F *12-month change May 2008 vs. May 2007; Source: US Bureau of Labor Statistics; Blue Chip Economic Indicators, June 10, 2008; Ins. Info. Institute. Inflation: A Growing Problem Around the World* Venezuela Egypt Pakistan Russia South Africa Turkey Saudi Arabia Argentina Thailand Hungary Czech Republic Brazil South Korea Mexico United States Euro Zone Canada Japan 0% 31.4% 19.7% 19.3% 15.1% 11.7% Inflation in most developing 10.7% 10.4% economies is food driven. 9.1% In developed economies, 8.9% 7.0% energy and commodities 6.8% pries play a larger role 5.6% 5.5% Inflation in developed economies 4.9% 4.2% has accelerated, but appears tame 4.0% relative to developing economies 2.2% 1.3% 5% 10% 15% 20% 25% 30% *Data are for the year ending in the most recent month available, typically May 2008. Source: The Economist, July 5 - 11, 2008 edition; Insurance Information Institute. 35% Inflation: Important Economic Risks and Implications for Insurers (cont’d) Effects of Inflation Claim Severity Increase Rate Inadequacy Business Interruption & Contingent BI Cost Escalation Risks to Insurers & Buyers •Claims (property and liability) costs may rise as the price of goods and services increase •PMLs could be (much) higher •Accelerating inflation can contribute to rate inadequacy because ratemaking is largely a retrospective process •Many types of loss trends are sensitive to the pace of inflation: medical cost, tort, etc. •Historical loss cost trends could be biased predictors of future loss if inflation accelerates •Business interruption and contingent business interruption claim costs will rise because the nominal value of interrupted business and expense costs will grow more rapidly •Especially pronounced in energy, commodity and natural resource intensive industries Inflation: Important Economic Risks and Implications for Insurers (cont’d) Effects of Inflation Reserve Deficiency Inadequate Insurance Limits Inadequate Reinsurance Risks to Insurers •Reserves are established using certain assumptions about future development and discounting factors •If inflation accelerates, development could be more rapid and/or be more substantial (in dollar terms) than assumed and discount factors may be too low •Policyholders could find themselves inadequately insured as claims costs escalate •Inflation can lead to a more rapid and unexpected exhaustion of reinsurance because losses are higher than expected Comparative 2007 Inflation Statistics Important to Insurers ( %) 8 Inflation Rate (%) 7 CPI and “Core” CPI are not representative of many of the costs insurers face 6.7 6 4.4 5 4 3 4.1 3.9 2.8 2 2.3 1 0 CPI-U Core CPI* Total Medical Care Physician Services Hospital Services Legal Services *Core CPI is the Consumer Price Index for all Urban Consumers (CPI-U) less food and energy costs. Source: US Bureau of Labor Statistics; Insurance Information Institute. Industrial Metals Index, 2000-2008* 250 230 210 190 170 150 130 Metals prices are soaring due to a weak dollar, speculation, & demand from emerging economies 191.9 Industrial metals prices in April 2008 were 272% above their 2002 levels, driving up oil/gas exploration and repair costs 108.8 110 90 222.4 218.2 227.1 90.8 77.5 70 65.7 61.0 66.7 01 02 03 50 00 04 05 06 07 08 YTD Apr 08 *2008 values through April 29. Sources: Dow Jones-AIG: http://www.djindexes.com/mdsidx/downloads/xlspages/aigci/djaig_full_hist.xls accessed 1/30/08; I.I.I. calculations based on daily index values. Medical & Tort Cost Inflation Amplifiers of Inflation, Major Insurance Cost Driver Consumer Price Index for Medical Care vs. All Items, 1960-2007 (Base: 1982-84=100) Index Value (1982-84=100) 400 300 200 Soaring medical inflation is among the most serious long-term challenges facing casualty, disability and LTC insurers Inflation for Medical Care has been surging ahead of general inflation (CPI) for 25 years. Since 1982-84, the cost of medical care has more than tripled 351.1 207.3 100 0 Medical Care 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 All Items Source: Department of Labor (Bureau of Labor Statistics; Insurance Information Institute. Tort Cost Growth & Medical Cost Inflation vs. Overall Inflation (CPI-U), 1961-2008* 14% Tort System is an Inflation Amplifier Tort costs move with inflation but at twice the rate Avg. Ann. Change: 1961-2008* 12% Torts Costs: +8.4% Med Costs: +6.0% Overall Inflation: +4.2% 10% 8% 6% 4% 2% Tort Costs Medical Costs CPI 0% 1961-70 1971-80 1981-90 1991-2000 2001-08E *Medical cost and CPI-U through April 2008 from BLS. Tort figure is for full-year 2008 from Tillinghast. Sources: US Bureau of Labor Statistics, Tillinghast-Towers Perrin, 2007 Update on U.S. Tort Costs; Insurance Info. Inst. WC Medical Severity Rising Far Faster than Medical CPI 16% 13.6% 14% 12% WC medical severity rose more than twice as fast as the medical CPI (8.3% vs. 4.0%) from 1995 through 2007p 10.6% 10.1% 9.2% 10% 8.3% 7.4% 7.6% 7.2% 6.2% 6% 5.1% 4% 2% 0% 6.0% 1.6 pts 8% 7.3% 8.6% 4.5% 3.5% 3.5% 3.2% 2.8% 4.1% 4.6% 4.7% 4.0% 4.4% 4.2% 4.0% 4.4% Change in Medical CPI Change Med Cost per Lost Time Claim 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007p Sources: NCCI; Med CPI from Economy.com; WC med severity from NCCI based on NCCI states. Dollar Depreciation Driver of Higher Energy, Commodities Prices and Overall Inflation Depreciation of Dollar is Partly Responsible for Rising Energy Prices US Dollars per Euro $1.6 $1.5 $1.4 Weakening dollar spurs oil producers to try to maintain purchasing power by keeping oil prices high. Dollar has dropped 57% relative to Euro since 2001. $1.555 $1.371 $1.244 $1.245 $1.256 $1.132 $1.3 $1.2 $1.1 $1.065 Interest rate cuts will keep downward pressure on the dollar $0.923 $0.895 $0.945 $1.0 $0.9 $0.8 99 00 01 02 03 04 05 06 07 *As of May 2008. Source: Board of Governors of the Federal Reserve Bank; Insurance Information Institute. 08* CATASTROPHIC LOSS What Will 2008 Bring? $80 $60 $40 $20 $9.2 $6.7 $9.3 $100 2008 CAT losses already exceed the annual totals recorded for all of 2007 and 2006. 2005 was by far the worst year ever for insured catastrophe losses in the US, but the worst has yet to come. $7.5 $2.7 $4.7 $22.9 $5.5 $16.9 $8.3 $7.4 $2.6 $10.1 $8.3 $4.6 $26.5 $5.9 $12.9 $27.5 $120 $100 Billion CAT year is coming soon $61.9 $ Billions $100.0 U.S. Insured Catastrophe Losses* 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08:Q2** 20?? $0 *Excludes $4B-$6b offshore energy losses from Hurricanes Katrina & Rita. **Based on preliminary PCS data through June 30. Note: 2001 figure includes $20.3B for 9/11 losses reported through 12/31/01. Includes only business and personal property claims, business interruption and auto claims. Non-prop/BI losses = $12.2B. Source: Property Claims Service/ISO; Insurance Information Institute Natural Disasters in the United States, 1980-2008 (Jan – June Only) Number Number of events has more than doubled since 1980 109 events through June 30 is a record Geophysical (earthquake, tsunami, volcanic activity) © 2008 Munich Re Group Meteorological (storm) Hydrological (flood, mass movement) Climatological (temperature extremes, drought, wildfire) Source: MR NatCatSERVICE Inflation-Adjusted U.S. Insured Catastrophe Losses By Cause of Loss, 1987-2006¹ Fire, $6.6 , 2.2% Civil Disorders, $1.1 , 0.4% Wind/Hail/Flood, $9.3 , 3.1% Earthquakes, $19.1 , 6.4% Winter Storms, $23.1 , 7.8% Terrorism, $22.3 , 7.5% Water Damage, $0.4 , 0.1% Utility Disruption, $0.2 , 0.1% Tornadoes, $77.3 , 26.0% Insured disaster losses totaled $297.3 billion from 1987-2006 (in 2006 dollars). Wildfires accounted for approximately $6.6 billion of these—2.2% of the total. All Tropical Cyclones, $137.7 , 46.3% 1 Catastrophes are all events causing direct insured losses to property of $25 million or more in 2006 dollars. Catastrophe threshold changed from $5 million to $25 million beginning in 1997. Adjusted for inflation by the III. 2 Excludes snow. 3 Includes hurricanes and tropical storms. 4 Includes other geologic events such as volcanic eruptions and other earth movement. 5 Does not include flood damage covered by the federally administered National Flood Insurance Program. 6 Includes wildland fires. Source: Insurance Services Office (ISO).. Total Value of Insured Coastal Exposure (2007, $ Billions) Florida New York Texas Massachusetts New Jersey Connecticut Louisiana S. Carolina Virginia Maine North Carolina Alabama Georgia Delaware New Hampshire Mississippi Rhode Island Maryland $2,458.6 $2,378.9 $895.1 $772.8 $635.5 $479.9 $224.4 $191.9 $158.8 $146.9 $132.8 $92.5 $85.6 $60.6 $55.7 $51.8 $54.1 $14.9 The insured value of coastal property was $8.9 trillion in 2007, up 24% from 2004. Florida still leads the way with nearly $2.5 trillion (27.7% of total) $0 Source: AIR Worldwide $500 $1,000 $1,500 $2,000 $2,500 $3,000 Global Insured Catastrophe Losses 1970-2007 ($ 2007) $80 $60 $40 $20 $16.9 $27.6 $100 $2.4 $5.0 $5.8 $9.1 $5.0 $6.4 $5.6 $5.4 $11.3 $7.0 $4.2 $8.9 $10.3 $6.8 $11.6 $5.6 $15.4 $12.4 $23.7 $27.9 $24.4 $42.5 $18.4 $34.4 $25.6 $18.0 $11.2 $24.9 $43.1 $15.0 $41.8 $16.7 $21.6 $52.8 $120 Impact of Hurricane Katrina on 2005 losses was dramatic, but losses are trending upward in general $113.9 $ Billions $0 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 Source: Swiss Re Sigma No.1/08, Natural catastrophes and man-made disasters in 2007 Insured Offshore Energy Losses for Recent Major Gulf Storms $4.0 Hurricanes Katrina, Rita and Ivan cost energy insurers at least $7 billion $ Billions $3.0 $2.0 $2.0 $3.0 $2.25 $1.0 $0.0 Katrina (2005) Ivan (2004)* Sources: Insurance Information Institute research estimates. Rita (2005) *Midpoint of estimated range for $2.0 to $2.5 billion) Katrina & Rita: Total Energy Losses, Onshore vs. Offshore* Offshore Billions $10 $8 Total = $9.15 Billion $2.53 $6 $4 Onshore Total = $5.89 Billion $0.915 $6.63 $2 $4.982 $0 Katrina Source: Willis Rita *Loss estimates are total losses, not just insured losses. FIRST HALF 2008 CATASTROPHE LOSSES Many Record Set The 2008 Hurricane Season: Preview to Disaster? Outlook for 2008 Hurricane Season: 60% Worse Than Average Average* 2005 2008F 9.6 49.1 5.9 24.5 2.3 28 115.5 14 47.5 7 15 80 8 40 4 5 7 9 Accumulated Cyclone Energy 96.2 NA 150 Net Tropical Cyclone Activity 100% 275% 160% Named Storms Named Storm Days Hurricanes Hurricane Days Intense Hurricanes Intense Hurricane Days *Average over the period 1950-2000. Source: Philip Klotzbach and Dr. William Gray, Colorado State University, June 3, 2008. Landfall Probabilities for 2008 Hurricane Season: Above Average Entire US East & Gulf Coasts US East Coast Including Florida Peninsula Gulf Coast from Florida Panhandle to Brownsville Caribbean Average* 2008F 52% 31% 69% 45% 30% 44% NA Above Average *Average over the past century. Source: Philip Klotzbach and Dr. William Gray, Colorado State University, June 3, 2008. REINSURANCE MARKETS Reinsurance Prices are Falling in Non-Coastal Zones, Casualty Lines Share of Losses Paid by Reinsurers, by Disaster* 70% 60% 50% 40% 30% Reinsurance is playing an increasingly important role in the financing of megaCATs; Reins. Costs are skyrocketing 30% 25% 60% 45% 20% 20% 10% 0% Hurricane Hugo Hurricane Andrew Sept. 11 Terror 2004 Hurricane 2005 Hurricane (1989) (1992) Attack (2001) Losses Losses *Excludes losses paid by the Florida Hurricane Catastrophe Fund, a FL-only windstorm reinsurer, which was established in 1994 after Hurricane Andrew. FHCF payments to insurers are estimated at $3.85 billion for 2004 and $4.5 billion for 2005. Sources: Wharton Risk Center, Disaster Insurance Project; Insurance Information Institute. US Reinsurer Net Income & ROE, 1985-2007* $7.96 $9.68 5% 0% -5% ROE 07* 06 05 04 -10% 03 02 99 98 97 96 95 94 93 92 91 90 89 88 87 86 01 ($2.98) ($4) 85 15% ROE $2.51 $3.41 $3.17 $1.31 $4.53 $1.47 $1.95 $2.52 $1.79 $1.17 $1.87 $2.03 Net Income ($2) 20% 10% 00 $0 $1.95 $1.94 $2 $1.38 $4 $1.22 $6 $3.71 $8 $0.12 Net Income ($ Bill) $10 $1.99 $12 $5.43 Reinsurer profitability rebounded post-Katrina but is now falling Source: Reinsurance Association of America. *2007 ROE figure is III estimate based return on average 2007 surplus. Shifting Legal Liability & Tort Environment Is the Tort Pendulum Swinging Against Insurers? “King of Torts” Dickie Scruggs •Won billions in tobacco, asbestos and Katrina litigation •Pleaded guilty for attempting to offer a judge $40,000 bribe to resolve attorney fee allocation from Katrina litigation in his firm’s favor. His son/othersguilty on related charges •Could get 5 years in prison, $250,000 fine Source: Wall Street Journal, 3/15/07 “King of Class Actions” Bill Lerach •Former partner in class action firm Milberg Weiss •Admitted felon. Guilty of paying 3 plaintiffs $11.4 million in 150+ cases over 25 years & lying about it repeatedly to courts •Will serves 1-2 years in prison and forfeit $7.75 million; $250,000 fine Source: San Diego Union Tribune, 9/19/07 Bad Year for Tort Kingpins* Personal, Commercial & Self (Un) Insured Tort Costs* $250 Commercial Lines Personal Lines Self (Un)Insured Total = $216.7 Billion Billions $200 $45.5 Total = $159.6 Billion $150 Total = $121.0 Billion $30.0 $85.6 $20.4 $100 $70.9 Total = $39.3 Billion $51.0 $50 $0 $85.6 $5.2 $17.1 $17.0 $49.6 $58.7 1980 1990 2000 *Excludes medical malpractice Source: Tillinghast-Towers Perrin, 2007 Update on US Tort Cost Trends. 2006 Tort System Costs and Tort Costs as a Share of GDP, 2000-2009F 1.82% $246 $220 $200 $180 $260 $233 $240 2.10% $205 $179 $277 $265 1.87% 1.84%1.83%1.83% 2.0% 1.5% After a period of rapid escalation, tort system costs as % of GDP are now falling $160 $140 $120 1.0% 0.5% $100 0.0% 00 01 02 03 04 Tort Sytem Costs 05 06 07E Tort Costs as % of GDP Source: Tillinghast-Towers Perrin, 2007 Update on US Tort Cost Trends. 08E 09E Tort Costs as % of GDP $260 2.03% $261 Tort System Costs $280 2.5% $253 2.22% 2.24% 2.23% $247 $300 Liability: Average Cost per $1,000 of Revenue* United States, 2001 to 2007 $0.48 $0.32 $0.23 $0.18 $0.14 $0.11 $1.27 $1.06 $0.50 $0.33 $1.00 $0.67 $0.65 $1.25 $2.00 $1.56 $1.07 $2.50 $1.50 Liability insurance costs relative to the client’s revenues are down by 25% - 35% since 2004 $2.49 $3.00 2007 $0.36 $0.23 $3.50 2004 $0.17 $3.21 2001 $0.86 $0.63 $4.00 $0.00 $0 - $200M $201M$500M $501M-$1B *Across entire liability program (full population) Source: Marsh, 2007 Limits of Liability Report $1B-$5B $5B-$10B $10B+ All The Nation’s Judicial Hellholes (2007) Watch List Madison County, IL St. Clair County, IL Northern New Mexico Hillsborough County, FL Delaware California Some improvement in “Judicial Hellholes” in 2007 NEVADA Clark County (Las Vegas) ILLINOIS Cook County NEW JERSEY Atlantic County (Atlantic City) West Virginia Dishonorable Mentions District of Columbia MO Supreme Court MI Legislature GA Supreme Court Oklahoma TEXAS Rio Grande Valley and Gulf Coast Source: American Tort Reform Association; Insurance Information Institute South Florida Sum of Top 10 Jury Awards, 2004-2007 $6,000 $ Millions $5,158.8 $5,000 $4,000 $2,953.7 $3,000 Total of Top 10 awards in 2007 was 25% lower than in 2006 $2,000 $1,000 $815.0 $615.0 2006 2007 $0 2004 2005 Source: Insurance Information Institute from LawyersWeekly USA, January 2005, 2006, 2007 and 2008. 2008 ELECTIONS Major Implications for Energy Industry & Its Insurers Political Implications for Energy Insurers & Policyholders • All 435 House Seats and 35 of 50 Senate Seats Up for Grabs State legislatures and key committees will also see significant turnover • Election Impacts Will Be Felt by All Industries, Energy and Insurance Included • Areas to Watch Include: Climate Change Regulation (CO2) Energy Policy (drilling, refineries, permitting & licensing, nuclear) Political response to energy “crisis” Restrictions on “speculators” in energy markets (CFTC) Environmental Policy Shifts in Tort Environment Tax Policy (Energy firms, international (re)insurance) Insurance Regulation (OFC?) Congressional/Presidential response to rising inflation Dollar Strategy (strong vs. weak) Federal Reserve monetary policy (interest rates) Insurance Information Institute On-Line If you would like a copy of this presentation, please give me your business card with e-mail address