Legal’s Caveats •keep comments brief and objective •limit comments to industry in broad sense, not carrier practices •no comments that can be interpreted as suggesting any practices •no discussion or comments regarding carrier practices WORKERS COMPENSATION - CURRENT ISSUES (SESSION WC-4) Barry Lipton, FCAS, MAAA – NCCI Nancy Treitel, FCAS, MAAA – Liberty Mutual Casualty Actuarial Society 2004 Seminar on Ratemaking New Orleans, Louisiana March 10-11, 2005 WC Premium Growth Leads Other Lines Net Written Premium by Line Line of Business 2002 2003 2004p Change Personal Auto $ 139.6 B $ 151.0 B $ 158.0 B 4.7% Homeowners $ 40.0 B $ 47.7 B $ 51.5 B 7.9% Workers Compensation $ 36.5 B $ 41.6 B $ 47.4 B 14.1% Other Liability (Incl Prod Liab) $ 30.9 B $ 38.7 B $ 44.1 B 13.9% Commercial Multiple Peril $ 25.4 B $ 27.4 B $ 28.3 B 3.5% Commercial Auto $ 24.6 B $ 25.4 B $ 25.5 B 0.3% Fire & Allied Lines (Incl EQ) $ 15.4 B $ 17.6 B $ 17.9 B 1.9% All Other Lines $ 66.4 B $ 66.0 B $ 62.5 B -5.3% Total All Lines $ 378.9 B $ 415.3 B $ 435.2 B 4.8% Source: Best’s Aggregates & Averages, Review/Preview (Includes state funds for: AZ, CA, ID, LA, MD, ME, MN, OR, RI, TX, and UT) 2 © 2005 National Council on Compensation Insurance, Inc. Combined Ratios Improved in 2003 Net Combined Ratios Line of Business 2002 2003 2004p Personal Auto 104% 98% 93% Homeowners 109% 98% 101% Workers Compensation 112% 108% 107% Other Liability (Incl Prod Liab) 137% 116% 111% Commercial Multiple Peril 105% 100% 99% Commercial Auto 103% 95% 93% 89% 79% 85% All Other 105% 95% 86% Reinsurance Co's 126% 111% 105% 107% 100% 98% Fire & Allied Lines (Incl EQ) Total All Lines Source: Best’s Aggregates & Averages, Review/Preview (Includes state funds for: AZ, CA, ID, LA, MD, ME, MN, OR, RI, TX, and UT) 3 © 2005 National Council on Compensation Insurance, Inc. Speaker Notes Return on Equity for Total P&C Appears In Line With Other Industries Estimated 2004 After-Tax ROE for Public Companies 16% 14.5% 14.5% 14% 12% 11.0% 10% 8.5% 8.0% 7.5% Auto Mfg. (Big 3) Large Banks 8% 6% 4% 2% 0% Drug Retail Life Ins. P/C Ins. (Proj. ROS) Source: Value-Line, latest estimates as of January 21, 2005. P/C projected 2004 ROS from Best’s Review/Preview. 4 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Premium Volume Continues to Grow Workers Compensation Net Written Premium $ Billions $ Trillions 60 5.0 47.4 50 41.6 40 4.0 36.5 32.7 30 29.5 27.7 26.5 25.7 24.6 28.1 3.0 31.4 2.0 20 1.0 10 0 0.0 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004p Calendar Year WC Net Written Premium ($ B) Private Nonfarm Wages and Salaries ($ T) Source: Best’s Aggregates & Averages, Review/Preview; Economy.com 5 © 2005 National Council on Compensation Insurance, Inc. Large Deductible Growth Continues Calendar Year WC Earned Premiums & Premium Equivalents NCCI States $ Billions 33.7 35 28.9 27.7 30 23.1 25 20 18.6 20.0 25.3 25.2 21.2 21.7 20.1 20.0 20.8 18.9 15 10 5 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003p Estimated Large Deductible premium credit Large Deductible Net premium Net Earned Premium excluding Large Deductible policies Source: NCCI Large Deductible study 6 © 2005 National Council on Compensation Insurance, Inc. Calendar Year WC Loss Ratio Showing Slight Improvement Workers Compensation Net Loss Ratios Percent 1.9 % Due to September 11th. 100 90 80 79 74 73 68 70 61 60 57 58 58 74 72 71 62 50 40 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004p Calendar Year Source: Best’s Aggregates & Averages, Review/Preview; 9-11 est. from NCCI 7 © 2005 National Council on Compensation Insurance, Inc. WC Loss Ratios - Impact of Large Deductible Policies First Dollar Loss Expense Premium Loss Ratio Expense Ratio Large Deductible $ 75 $ 25 $100 $ 15 $ 23 $ 38 75% 25% 40% 60% 8 WC LAE Ratios to Premium Are Leveling Off WC Ratio of Loss Adjustment Expense to Net Earned Premiums Percent 20 16.2 15 14.5 13.1 12.8 1994 1995 16.2 16.0 14.2 13.5 13.1 2001 2002 14.1 13.4 10 5 0 1996 1997 1998 1999 2000 2003 2004p Calendar Year Source: Best’s Aggregates & Averages, Review/Preview 9 © 2005 National Council on Compensation Insurance, Inc. WC LAE To Loss Ratios Remain Relatively Unchanged WC Ratio of Loss Adjustment Expense to Losses Percent 30 25.2 25 21.7 24.6 26.1 23.8 22.5 21.7 19.6 20 17.1 17.7 2001 2002 18.7 15 10 5 0 1994 1995 1996 1997 1998 1999 2000 2003 2004p Calendar Year Source: Best’s Aggregates & Averages, Review/Preview 10 © 2005 National Council on Compensation Insurance, Inc. WC Expense Ratios Showed Little Movement in 2004 WC Ratio of Underwriting Expenses to NWP (Excl Divs) Percent 30 24.9 25 21.0 25.6 26.3 27.5 25.8 25.0 22.7 22.5 21.1 20.8 2003 2004p 20 15 10 5 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 Calendar Year Source: Best’s Aggregates & Averages, Review/Preview 11 © 2005 National Council on Compensation Insurance, Inc. WC Dividend Ratios Are Flattening WC Ratio of Policyholder Dividends to Net Earned Premium Percent 7.5 7.0 6.9 6.6 6.7 6.0 5.4 5.4 5.0 3.5 2.6 2.5 1.4 1.4 2003 2004p 0.0 1994 1995 1996 1997 1998 1999 2000 2001 2002 Calendar Year Source: Best’s Aggregates & Averages, Review/Preview 12 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Calendar Year Combined Ratio Declined in 2004 Workers Compensation Combined Ratios 1.9% Due to September 11th Combined Ratio 140 120 102 1994 100 102 104 1995 1996 1997 111 119 121 121 112 108 107 100 80 60 40 20 0 Loss LAE 1998 1999 2000 2001 2002 2003 Calendar Year Underwriting Expense Dividends 2004p Source: Best’s Aggregates & Averages, Review/Preview 13 © 2005 National Council on Compensation Insurance, Inc. Speaker note updated WC Investment Returns Remain Low WC Ratio of Investment Gain and Other Income to Premium Percent 25 22.4 21.9 20 17.7 18.6 21.0 18.6 15.1 15 12.8 11.8 10.1 10.0 10 5 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004p Calendar Year p Preliminary Source for 1994–2003: A.M. Best Aggregates & Averages; 2004p: NCCI estimate based on data in Best’s Review/Preview Investment gain includes investment income on insurance transactions and realized capital gains. 14 © 2005 National Council on Compensation Insurance, Inc. WC Results in 2003 Improved Over 2002 WC Pretax Operating Gain/Loss Ratio Percent 25 18.2 20 15 16.2 18.2 13.5 10 7.4 3.9 5 1.9 0.2 3.4 0 -0.4 -5 -10 -8.1 -15 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004p Calendar Year p Preliminary Source for 1994–2003: A.M. Best Aggregates & Averages; 2004p: NCCI estimate based on data in Best’s Review/Preview Investment gain includes investment income on insurance transactions and realized capital gains. 15 © 2005 National Council on Compensation Insurance, Inc. WC Calendar Year Combined Ratios Private Carriers Compared to Private Carriers + A.M. Best State Funds Combined Ratio 130 121 122 121 119 118 120 115 111 112 111 110 108 102 101 100 100 101 102 100 110 108 107 107 104 97 90 1994 1995 1996 1997 1998 1999 PC 2000 2001 2002 2003 2004p PC+SF p Preliminary (State Funds include: AZ, CA, ID, LA, MD, ME, MN, OR, RI, TX, and UT) CY 1994-2003 & PC+SF 2004p: Best’s Aggregates & Averages, Review/Preview; PC CY 2004p: NCCI estimate 16 Includes dividends to policyholders. © 2005 National Council on Compensation Insurance, Inc. Combined Ratio in AY 2004 Continued to Improve WC Calendar Year vs. Ultimate Accident Year Countrywide—Net—Private Carriers Combined Ratio 140 137 133 129 130 119 120 115 110 97 97 101 100 118 111 110 107 108 106 101 100 125 122 107 101 101 98 90 1994 1995 1996 1997 1998 1999 Calendar Year 2000 2001 2002 2003 2004p Accident Year p Preliminary CY 1994-2003: Best’s Aggregates & Averages; AY 1994-2003: NCCI; CY & AY 2004p: NCCI estimates Accident year data is evaluated as of 12/31/2003 and developed to ultimate. 17 © 2005 National Council on Compensation Insurance, Inc. Includes dividends to policyholders. What Have Been The Key Factors Impacting Workers Compensation Results? • Reserve Levels • Pricing • Loss Severity Trends (especially Medical) • Frequency Trends • Investments 18 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Reserve Strengthening Continues Dollar Amount of Reserve Adjustments on Prior AYs Countrywide—Net—Private Carriers $ Billions 5 3.2 3.2 2.8 3 2.2 0.6 1 2.0 0.4 -1 -0.4 -1.8 -3 -2.0 -2.7 -1.4 -2.2 -5 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Calendar Year Loss and LAE reserves. 19 © 2005 National Council on Compensation Insurance, Inc. Speaker Notes Workers Compensation Accident Year Loss & LAE Ratios Developed Upward Accident Year Loss Ratios Including LAE Countrywide—Net—Private Carriers Percent 100 98 94 95 90 92 At First Report As of 12/2003 84 85 84 85 83 83 81 80 80 79 78 77 77 75 75 75 73 69 70 66 65 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Accident Year Reported Loss and LAE reserves from Schedule P. 20 © 2005 National Council on Compensation Insurance, Inc. WC Changing Development Patterns 1st to 5th Development Index to 1995 1.15 1.10 1.05 1.00 0.95 0.90 Indemnity Paid 1995 Indemnity Paid+Case 1996 Medical Paid 1997 Accident Year Development. First is at 12 months. Source: NCCI's Loss Development Exhibits. 21 1998 Medical Paid+Case 1999 How Are Final WC Premiums Determined? ADVISORY ORGANIZATION INSURANCE COMPANY Advisory Loss Costs Final Rate Determination: Assigned Risk Rates – Expense Multiplier Experience Rating Values – Loss Cost Deviations Experience Mods Rating Plans and Classifications Individual Risk Modifications: – Schedule Rating – Retrospective Rating 22 © 2005 National Council on Compensation Insurance, Inc. Speaker note updated Average Approved Bureau Rate/Loss Cost Still Decreasing History of Average WC Bureau Rate/Loss Cost Level Changes Percent 15 Cumulative 2000-2003 12.1 +17.1% 10.0 10 7.4 Cumulative 1994-1999 6.6 5 2004-2005 4.9 -27.8% 3.5 2.9 Cumulative -6.9% 1.2 0 -1.0 -5 Cumulative 1990-1993 -2.6 -3.2 +36.3% -5.4 -6.0 -6.4 -6.0 -8.0 -10 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005* Calendar Year * States approved through 03/01/2005 Countrywide approved changes in advisory rates, loss costs and assigned risk rates as filed by the applicable rating organization 23 © 2005 National Council on Compensation Insurance, Inc. Speaker note updated Average Approved Bureau Rate/Loss All States vs All States Excluding California Percent Cumulative 2000-2004 +10.1% All States + 1.4% All States Ex CA 4.9 8 6 4 6.6 3.5 2 1.8 1.2 0.5 0.0 0 -0.1 -2 -0.3 -0.8 -1.0 -4 -6 -6.0 -8 2000 2001 2002 2003 2004 2005 Calendar Year * States approved through 03/01/2004 Countrywide approved changes in advisory rates, loss costs and assigned risk rates as filed by the applicable rating organization 24 © 2005 National Council on Compensation Insurance, Inc. Impact of Discounting on WC Premium NCCI States—Private Carriers Percent 5 0 -1.2 -5 -4.0 -10 -6.9 -7.1 -7.5 -7.0 -8.5 -10.4 -15 -14.2 -14.6 -17.7 -20 -19.2 -22.6 -25 1990 1991 1992 1993 1994 1995 1996 1997 1998 -23.2 1999 2000 2001 2002 2003 Policy Year Rate/Loss Cost Departure Schedule Rating Dividends Based on data through 12/31/2003 for the states where NCCI provides ratemaking services NCCI benchmark level includes no provision for profit and contingency Dividend ratios are based on calendar year statistics 25 © 2005 National Council on Compensation Insurance, Inc. What are Some Primary Components and Factors of WC Premiums? Loss Cost = f (customer, company, and/or industry losses, inflation, interest rate, medical technology, economy, etc.) + Risk Charge + Expenses + Tax Premium 26 The Rate of Change in Workers Compensation Indemnity Claim Costs Is Moderating Indemnity Claim Cost (000s) Lost–Time Claims 19 +4.6% 17 15 Annual Change 1991–1995: Annual Change 1996–2003: +0.3% +7.6% +9.0% +11.2% +9.9% 13 +8.5% 1995 1996 2001 2002 $17.2 $10.3 1994 $16.5 $9.7 1993 $16.1 $9.6 1992 $13.3 $9.1 1991 $11.1 $9.4 7 $9.7 9 +7.7% $12.1 +1.0% -3.1% +4.9% +1.7% -2.8% +5.9% $14.7 11 +2.4% 5 1997 1998 1999 2000 2003 Accident Year Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 27 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Indemnity Severity Is Outpacing Wage Inflation Lost–Time Claims Percent Change 12 11.2 9.9 10 9.0 8.5 7.7 8 5.9 6 4.7 4.0 4 2 2.8 4.9 4.2 4.6 4.2 2.8 3.7 2.2 2.4 1.7 2.0 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004f Year Change in CPS Wage Change in Indemnity Cost per Lost-Time Claim Source: Calendar Year Current Population Survey, Economy.com; Accident Year Indemnity Severity, NCCI Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 28 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Medical Claim Cost Trends Continue to Climb Medical Claim Cost (000s) Lost–Time Claims +10.9% 19 17 Annual Change 1991–1995: Annual Change 1996–2003: +8.4% +3.9% +9.6% +11.9% 15 +8.5% 1996 1997 $13.9 1995 $12.8 1994 $11.6 1993 $10.8 $8.0 1992 $9.1 $8.2 1991 +9.0% $8.7 $8.0 7 +6.8% +1.3% -2.1% $9.8 9 +7.4% +5.1% $16.8 11 $15.5 +7.6% +10.1% $18.7 +9.9% 13 5 1998 1999 2000 2001 2002 2003 Accident Year Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 29 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Medical Severity Has Been Growing Faster Than the Medical CPI Percent Change Lost–Time Claims 14 11.9 12 10.9 10.1 9.9 10 8.5 7.4 8 6 4.5 5.1 3.5 4 8.4 7.6 2.8 3.2 3.5 4.1 4.6 4.7 4.0 4.5 2 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004f Year Change in Medical CPI Change in Medical Cost per Lost-Time Claim Source: Calendar Year Current Population Survey, Economy.com; Accident Year medical severity, NCCI Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 30 © 2005 National Council on Compensation Insurance, Inc. WC Medical Losses Eclipsed More Than Half of Total WC Losses 2003 NCCI States—Private Carriers-All Claims Medical: 55.2% Indemnity: Average Claim Cost per Lost-Time Claim (000s) 40 35 30 36 1991 32 Medical: 47.9% Indemnity: 52.1% 18 18 17 33 29 26 25 20 44.8% 18 19 22 20 24 15 10 5 0 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Indemnity Accident Year Medical Based on data through 12/31/03, developed to ultimate. Based on the states where NCCI provides ratemaking services. Excludes the effects of deductible policies. 31 © 2005 National Council on Compensation Insurance, Inc. Rising Medical Costs – Can The Economy Sustain Double Digit Inflation • Workers Compensation medical makes up 1-2% of total medical services • Total medical services were 17% of GDP in 2004 • Total medical services have also been growing at much faster rate than other parts of the economy (8.4% vs 4.8%) • What are implications to GDP if medical services were to grow at 10% while rest of GDP grew at 4% 32 Implications for Medical Trends 2034 GDP All Other 2024 GDP 2004 GDP 49% Medical Services 17% All Other Medical Services 10% Medical Services 90% 51% All Other 83% Medical services as % of GDP=17% Medical services growth=10%, GDP Growth=4.0% Medical Services include Medical Care, Drug Preparations and Sundries, and Ophthalmic Products and Orthopedic Appliances 33 © 2005 National Council on Compensation Insurance, Inc. NCCI Prescription Drug Study • The growth in WC prescription drugs' share of total medical costs continues: – Accident Year 1997 – Accident Year 2002 10.1% 12.1% • Main driver of increase in WC prescription costs: – – From 1997 to 2001: Utilization increases In 2002: Rx price increases had slightly larger impact than utilization increases • Prescription drug fee schedules exist in 28 states —all reimburse using average wholesale prices (AWP) • Using Pharmacy Benefit Managers (PBMs) looks promising as a cost containment strategy. Other factors also need to be assessed and addressed. 34 © 2005 National Council on Compensation Insurance, Inc. The Impact of Inflation is More Sensitive on Excess Policies Year 1 Year 2 Change Gross Loss $360,000 $385,200 7% Deductible $250,000 $250,000 - Excess Loss $110,000 $135,200 23% 35 With Medical Technology, How Big Can a WC Claim Become? • • • • • Consider a 25-year old quadriplegic Indemnity benefits of $23,500 a year 24-hour attendant care costs of $135,000 a year Other medical costs of $72,500 a year These costs continue until death Medical Inflation Rate Age at Death 5% 7% 9% 45 $7 $8 $8 60 $16 $20 $27 75 $33 $49 $82 90 $64 $118 $266 $ amounts are in millions. Attendant care assumed to increase at 3% per year 36 Workers Compensation Lost-Time Claim Frequency Continues to Fall Frequency per 100 Workers (Lost–Time Claims) Percent Change Cumulative Change of –42.0% (1990-2003) 2 0.5 0.3 0 -2 -2.3 -4 -4.2 -3.7 -3.9 -4.4 -4.5 -4.2 -4.5 -6 -6.3 -6.5 -8 -10 1991 1992 -9.2 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Accident Year Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 37 © 2005 National Council on Compensation Insurance, Inc. NCCI’s Frequency Study Update • The continued decline in frequency remains a bright spot for workers, employers, and their insurers • The claim frequency decline is most pronounced for smaller claims, causing indemnity and medical severity trends to be higher than those of solely prices and utilization • The decline in claim frequency spanned occupations, claim types, regions, employer size, use of large deductibles, and experience modification factors • The significant rise in indemnity and medical costs per claim diminishes the effect of the favorable reduction in claim frequency on overall claim costs 38 © 2005 National Council on Compensation Insurance, Inc. The Annual Change in Lost-Time Claim Costs per Worker Continued to Increase in 2003 Percent Change Cost Per Worker 15 9.4 10 7.3 7.1 5.1 3.8 5 0 3.7 3.4 1.8 0.9 -0.8 -5 -3.2 -5.5 -10 -11.5 -15 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Accident Year Based on data through 12/31/2003, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 39 © 2005 National Council on Compensation Insurance, Inc. What Are Today’s Key Issues in Workers Compensation? • • • • WC Medical Inflation Reserve Levels Growth in Residual Markets Expiration of Terrorism Risk Insurance Act (TRIA) 12/31/2005 • Legislative Issues • Developments in Ratemaking 40 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Residual Market Premium Volume NCCI-Serviced Workers Compensation Residual Market Pools $ Billions as of September 30, 2004 6 4.8 5 4.4 4.0 4 3.5 2.6 3 2.8 2.1 2 4.1 $1.6B 3.1 $1.4B $1.1B 2.0 $0.6B 1.2 1.0 0.6 1 0.3 0.3 0.4 0 ** 04 20 * * 03 20 02 20 01 20 00 20 99 19 98 19 97 19 96 19 95 19 94 19 93 19 * 92 19 * 91 19 * 90 19 * 89 19 * 88 19 87 19 86 19 85 19 * Excludes Maine Residual Market Pool ** Incomplete Policy Year Projected to Ultimate Policy Year 41 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Residual Market Shares Continue to Rise Workers Compensation Insurance Plan States* Premium as a Percent of Direct Written Premium Percent 30 29 28 26 24 25 24 22 20 16 18 17 17 15 10 11 9 11 12 13 8 4 5 6 3 3 0 p 04 20 03 20 02 20 01 20 00 20 99 19 98 19 97 19 96 19 95 19 94 19 93 19 92 19 91 19 90 19 89 19 88 19 87 19 86 19 85 19 p Preliminary * NCCI Plan states plus DE, IN, MA, MI, NJ, NC Calendar Year 42 © 2005 National Council on Compensation Insurance, Inc. Speaker Note Workers Compensation Residual Market Combined Ratios NCCI-Serviced Workers Compensation Residual Market Pools Percent As of September 30, 2004 200 180 177 165 169 166 159 160 143 140 120 127 115 112 103 100 97 94 99 119 118 114 115 113 112 103 80 ** 04 20 * * 03 20 02 20 01 20 00 20 99 19 98 19 97 19 96 19 95 19 94 19 93 19 * 92 19 * 91 19 * 90 19 * 89 19 * 88 19 87 19 86 19 85 19 * Excludes Maine Residual Market Pool ** Incomplete Policy Year Projected to Ultimate Policy Year 43 © 2005 National Council on Compensation Insurance, Inc. WC Residual Market Underwriting Results Continue to Decline NCCI-Serviced Workers Compensation Residual Market Pools As of September 30, 2004 $ Millions 500 81 118 15 0 -14 -48 -52 -63 -84 -139 -500 -164 -180 -191 -558 -1,000 -1,500 -2,000 -933 -1,192 -1,368 -1,690 -1,784 -1,883 -2,065 -2,500 ** 04 20 * * 03 20 02 20 01 20 00 20 99 19 98 19 97 19 96 19 95 19 94 19 93 19 * 92 19 * 91 19 * 90 19 * 89 19 * 88 19 87 19 86 19 85 19 * Excludes Maine Residual Market Pool ** Incomplete Policy Year Projected to Ultimate Policy Year 44 © 2005 National Council on Compensation Insurance, Inc. Unique Challenges of Workers Compensation and Terrorism Coverage • Coverage mandated by law, exclusions are not possible • Benefits are defined by law, limits aren’t possible • Risks that aren’t written voluntarily will be backed by the entire market through the involuntary pool • Terrorism Risk Insurance Act (TRIA) expires 12/31/2005 – Government backstop goes away, unless Congress renews – Any policy effective after 1/1/2005 has exposure – Notification endorsement in the event of TRIA’s expiration • Congressional Budget Office Report 45 © 2005 National Council on Compensation Insurance, Inc. When Does TRIA Make a Difference? • TRIA’s direct financial impact is limited to infrequent extreme events • TRIA is not triggered under approximately 98% of the modeled scenarios • TRIA enables the P&C market to function effectively with minimal financial exposure to taxpayer funds 46 © 2005 National Council on Compensation Insurance, Inc. Under Most Scenarios TRIA Is Dormant But When TRIA Is Triggered It Is Vital P&C U/W Loss With and Without TRIA Support U/W Loss ($ B) 250 68% 200 150 Total Loss as % of P&C Surplus 100 20% 12% 50 2% 2% 4% 1/20 1/25 3/100 6% 0 9/10 3/4 1/2 1/4 1/50 1/100 1/500 1/1000 Chance of an Event Industry Loss with TRIA Federal Contribution Excess of TRIA Limit Source: EQECAT, NCCI 47 © 2005 National Council on Compensation Insurance, Inc. Speaker notes TBD Legislative Update Issues and Trends 2004 Session Overview • Fairly active session • More than 85 enacted • Many proposals for benefit increases, but few enacted • Workers Compensation high on the radar for governors as they compete to attract business 48 Speaker notes TBD Legislative Update Issues and Trends 2004 Key Themes • Medical cost controls – physician fee schedules, hospital schedules • Expanded presumption of compensability for safety workers and emergency responders • Medical Privacy • Indemnity benefit increases • Attorney fees 49 Speaker notes TBD Include Nancy’s portion Impacts filed and approved Legislative Update 2004 Key Enacted Legislation • California − SB 899: major reform effort • Tennessee − HB 3531: numerous benefit changes resulting in –6.3% impact − Medical fee schedule to be implemented effective in 2005 • Vermont − H-632: several definitional changes and administrative modifications resulting in a –1.2% impact − Medical fee schedule to be implemented effective in 2005 50 Speaker notes TBD Legislative Update Include Nancy’s portion Impacts filed and approved 2004 Key Enacted Legislation (cont’d) • Iowa − HF 2581: changes use of loss of earnings capacity, apportionment for 2nd injuries, resulting in a –2.6% impact • Nebraska, Florida, Maryland, South Dakota, Texas − Changes in medical fee schedules − Adopting most recent Medicare RBRVS 51 Speaker notes TBD Legislative Update Issues and Trends 2005 Emerging Themes • Containing Medical Costs – Employer vs Employee Choice of Physician – Medical treatment networks, managed care – Medical Fee Schedules – Treatment guidelines • • • • Indemnity Benefit Increases Second Injury Funds OK and TX major reform initiatives WV marketplace to allow private carriers 52 Developments in Ratemaking Expanded Data Reporting • Large Loss Call • Expansion of Unit Statistical Plan to 10 reports New Ratemaking Procedures and Methods • Aggregate Ratemaking • Class Ratemaking Re-engineering • Retrospective Rating 53 © 2005 National Council on Compensation Insurance, Inc. Ratemaking Procedures Aggregate Ratemaking • Large Loss Procedure • Catastrophe Provision • Implemented in 2004 (with filings effective 1/1/2005 and after) • Revamped Econometric Trending Model Underway Class Ratemaking Re-engineering • • • • Loss Development by Body Part Large Loss Treatment Credibility Methodology Analyses/Projects Currently Underway 54 © 2005 National Council on Compensation Insurance, Inc. Ratemaking Procedures (continued) Retrospective Rating • New ELF procedure • Catastrophe Provision • Implemented During 2004 (with filings effective 1/1/2005 and after) 55 © 2005 National Council on Compensation Insurance, Inc. Workers Compensation Key Issues for the Future • How will the industry deal with terrorism exposure? And will the government renew TRIA? • Where are severity trends headed – will they accelerate or moderate? • Will written premiums continue to increase? • What impact will changes in the economy have, especially on frequency? • What impact will reserve deficiencies have on results? • Will potential threats to rollback reforms or expand benefits succeed? • Where are investment returns headed? 56 WORKERS COMPENSATION - CURRENT ISSUES (SESSION WC-4) Q&A