2004 Overview & Outlook for the Property/Casualty Insurance Industry Casualty Actuaries of Greater New York New York, NY December 6, 2004 Robert P. Hartwig, Ph.D., CPCU, Senior Vice President & Chief Economist 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 Presidential Party Affiliation & P/C Profitability Underwriting Investment Overview Ratings, Solvency & Financial Strength Impact of Spitzer Investigation Capacity Pricing Trends Tort Environment The Challenge of Terrorism Q&A THE INSURANCE INFORMATION INSTITUTE: THE PLACE FOR INSURANCE INFORMATION About the Insurance Information Institute The mission of the Insurance Information Institute (I.I.I.) is to improve public understanding of insurance -- what it does and how it works. The I.I.I. enjoys broad membership throughout the insurance industry, including most of the major p/c insurers and reinsurers operating in the United States, as well as companies operating on a regional basis and internationally. For more than 40 years, the I.I.I. has provided definitive insurance information. Today, the I.I.I. is recognized throughout the insurance industry as well as by the media, governments, regulatory organizations, universities and the public as a primary source of information, analysis and referral concerning insurance. Each year, the I.I.I. works on more than 3,700 news stories, handles more than 6,000 requests for information from its members, the media, and other parties and answers nearly 50,000 questions from consumers. 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I.I.I. ranks 1st on Google out of 99.6 million hits on “insurance” Web Traffic on WWW.III.ORG 100 Millions of Hits 90 90 80 Visits to I.I.I.’s public web site increased by 50% in 2003/4. 70 60 50 The average number of web hits on I.I.I.’s site rose from 5 million per month in 2003 to 7.5 million in 2004 (est.) 60 40 40 30 20 20 10 6.5 8 0 1999 2000 2001 2002 2003 *2004 estimate based on average of 7.5 million hits per month through October. 2004E* P/C FINANACIAL UPDATE: Profitability: Good but Not Good Enough Underwriting: Need to Stay Disciplined Investments: Keep Expectations Low P/C FINANCIAL OVERVIEW: PROFIT PRESSURE Highlights: Property/Casualty st st 1 Half 2004 vs. 1 Half 2003 2004 2003 Change Net Written Prem. 212,117 202,828 +4.6% Loss & LAE 140,057 142,129 -1.5% Net UW Gain (Loss) 9,563 (2,070) N/A Net Inv. Income 19,015 18,268 +4.1% Net Income (a.t.) 23,520 22,813 +3.1% Surplus* 370,433 346,987 +6.8% 94.4 99.8** -5.4 pts. Combined Ratio *2003 surplus figure is as of 12/31/03 **The combined ratio for full-year 2003 was 100.1 Strength of Recent Hard Markets by NWP Growth* 25% 1975-78 1984-87 2001-04 Real NWP Growth During Past 3 Hard Markets 20% 1975-78: 8.6% 15% 1984-87: 11.2% 10% 2001-04F: 6.9% 5% 0% -5% Premium growth is faltering. Real growth in 2005 will approach ZERO. 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 2004F 2005 -10% Note: Shaded areas denote hard market periods. Source: A.M. Best, Insurance Information Institute *2004 based on 1st half results from ISO. 2005 figure is III forecast. P/C Net Income After Taxes 1991-2004E* ($ Millions) 2001 was first-ever full year net loss $36,819 2002 ROE = 1.0% 2003 ROE = 9.4% $30,000 $30,773 $29,877 2004 ROE = 10% (est.)** $24,404 $20,598 $19,316 $20,000 $23,520 $40,000 $21,865 $20,559 $14,178 $10,870 $10,000 $5,840 $3,046 $0 -$6,970 -$10,000 91 92 93 94 95 96 97 *First half results; ** After adjusting for 2004 hurricanes Sources: A.M. Best, ISO, Insurance Information Institute. 98 99 00 01 02 03 04E ROE: P/C vs. All Industries 1987–2004E 20% 15% 10% 5% 0% -5% 87 88 89 90 91 92 93 94 95 US P/C Insurers Source: Insurance Information Institute; Fortune 96 97 98 99 00 All US Industries 01 02 03 04E ROE vs. Cost of Capital: US P/C Insurance: 1991 – 2004F 20% The p/c insurance industry likely achieved its costs of capital in 2004 for the first time in many years -14.6 pts 5% -1.2 pts -10.2 pts 10% +1.1 pts 15% US P/C insurers missed their cost of capital by an average 6.5 points from 1991 to 2003 0% -5% 91 92 93 94 95 96 97 Source: The Geneva Association, Ins. Information Inst. 98 99 00 ROE 01 02 03 04F Cost of Capital ROE: Financial Services Industry Segments, 1987–2004F 25% 20% 15% 10% 5% 0% P/C insurance was finally holding its own against other financial services segments until hurricanes -5% 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04F US P/C Insurers Diversified Finl. All US Industries Comm. Banks Source: Insurance Information Institute, Fortune, Value Line. Life PRESIDENTIAL POLITICS & P/C PROFITABILITY Political Quiz • Does the P/C insurance industry perform better (as measured by ROE) under Republican or Democratic administrations? • Under which President did the industry realize its highest ROE (average over 4 years)? • Under which President did the industry realize its lowest ROE (average over 4 years)? Sectors Thought to be Favored, by Winner of 2004 Presidential Election BUSH KERRY •P/C Insurance •Life Insurers •Asset Managers •Energy/Oil/Coal •HMOs/Drug Cos./ Benefit Managers •Dividend Paying Stocks •Defense •Fannie Mae/Freddie Mac •Alternative Energy •Hospitals/Med Devices •Medicaid HMOs •Bonds/Municipal Bonds •Home Builders Source: Wall Street Journal, October 7, 2004, D4, from survey of major brokerage firms. Insurance Industry Contributions, Election Cycles 1990-2004* $30 $25.9 $27.3 $25 $20.9 $ Millions $20 $18.0 $14.4 $15 $12.0 $11.7 $10 $9.2 $8.7 $5 Insurance industry contributions are overwhelmingly Republican: $157 $22.3 million, 89% more than the $83 million $18.8 contributed to Democrats since 1990 Democrats Republicans $10.5 $9.7 $11.7 $10.0 $9.0 65% of insurance industry contributions since 1990 have gone to Republicans $0 1990 1992 1994 1996 1998 2000 2002 2004* *Data for current cycle released by Federal Election Commission as of October 4, 2004 Source: Federal Election Commission via Center for Responsive Politics at www.opensecrets.org. P/C Insurance Industry ROE by Presidential Party Affiliation, 1950–2004E 20% Truman 25% BLUE = Democratic President Eisenhower Kennedy/ Johnson RED = Republican President Nixon/Ford Carter Reagan/Bush Clinton Bush 15% 10% 5% 0% Source: Insurance Information Institute 00 02 04E 92 94 96 98 82 84 86 88 90 74 76 78 80 64 66 68 70 72 56 58 60 62 50 52 54 -5% P/C Insurance Industry ROE by Presidential Administration,1950-2004* 16.43% 15.10% Carter Reagan II 8.93% OVERALL RECORD: 8.65% 1950-2004 8.35% 7.98% Democrats 8.00% 7.68% 6.98% Republicans 7.85% 6.97% 5.43% Party of President has 5.30% little bearing on 5.03% profitability of P/C 4.43% insurance industry 3.55% Nixon Clinton I G.H.W. Bush Clinton II Reagan I Nixon/Ford Truman Eisenhower I G.W. Bush Eisenhower II Johnson Kennedy/Johnson 0% 2% 4% 6% 8% 10% 12% 14% 16% 18% *ROE for 2004 estimated by III. Truman administration ROE of 6.97% based on 3 years only, 1950-52. Source: Insurance Information Institute WALL STREET: HIGH EXPECTATIONS Insurer Stocks: Outperforming the S&P 500 Total Return 2004 YTD Through October 8, 2004 S&P 500 0.92% Life/Health 16.10% 7.40% All Insurers 3.04% Multiline 2.20% 6.44% 0% 5% If 2004 represents the cyclical peak for this industry, why aren’t p/c stocks soaring? 10% 15% Source: SNL Securities, Standard & Poor’s, Insurance Information Institute 20% P/C Brokers Insurer Stocks: Hammered by the Spitzer Suit Total Return 2004 YTD Through October 15, 2004 Spitzer suit announced Oct. 14 produced huge hit on all insurance sectors, especially brokers S&P 500 -0.32% 11.08% 2.20% Life/Health All Insurers -9.33% Multiline 0.41% P/C -20.29% Brokers -25% -20% -15% -10% -5% 0% 5% 10% Source: SNL Securities, Standard & Poor’s, Insurance Information Institute 15% Insurer Stocks: Spitzer Effect Will Linger Total Return 2004 YTD Through October 29, 2004 P/C insurer stocks have bounced back S&P 500 1.64% 14.54% 4.74% All Insurers -4.92% Multiline 2.49% P/C -21.91% -30% Life/Health Brokers -20% -10% 0% 10% Source: SNL Securities, Standard & Poor’s, Insurance Information Institute 20% Insurer Stocks: Spitzer Effect Will Linger Total Return 2004 YTD Through November 19, 2004 P/C insurer stocks have bounced back S&P 500 5.50% Life/Health 18.91% 10.07% All Insurers 5.60% P/C 1.04% Reinsurance -1.87% Multiline -21.6% -30% -20% Brokers -10% 0% 10% 20% Source: SNL Securities, Standard & Poor’s, Insurance Information Institute 30% Insurer Stocks: Spitzer Effect Will Linger Total Return 2004 YTD Through November 26, 2004 P/C insurer stocks have bounced back S&P 500 6.20% 20.59% 11.97% All Insurers 6.39% P/C 0.54% Reinsurance 1.05% Multiline -19.2% -30% -20% Life/Health Brokers -10% 0% 10% 20% Source: SNL Securities, Standard & Poor’s, Insurance Information Institute 30% P/C FINANCIAL OVERVIEW: UNDERWRITING PRESSURE P/C Industry Combined Ratio 2001 = 115.7 120 2002 = 107.2 2003 = 100.1 2004: 1H = 94.4* 110 Combined Ratios 1970s: 100.3 1980s: 109.2 1990s: 107.8 2000-04: 104.6** 2004** = 100 100 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 04E 04* 90 Sources: A.M. Best; ISO, III *2004 figures based on first half estimate. **After impact of hurricanes. Underwriting Gain (Loss) 1975-2004F $25 $15 $ Billions $5 2004 was likely to produce the largest underwriting profit in history = $18.1B based on annualized first half result, but hurricanes changed that… ($5) ($15) ($25) ($35) ($45) 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 04* 04** ($55) *Based on first half result. **Estimate for full-year 2004 is $0 assuming a combined ratio . Source: A.M. Best, Insurance Information Institute Commercial vs. Personal Lines Combined Ratios 10-Year Average Combined Ratios 105.3 110.2 110.9 109.9 111.5 112.3 104.5 101.9 98.4 100 Personal: 104.4 109.7 99.8 103.9 104.9 107.6 103.5 110.3 112.5 104.5 105 103.9 110 110.2 Commercial: 109.9 120 102.7 125 115 Personal--Net Basis 122.2 Commercial--Net Basis 95 90 93 94 95 96 Source: A.M. Best; Insurance Information Institute 97 98 99 00 01 02 03 Combined Ratios: Selected Major Lines, 2003E—2004F U/W performance improving, but variation in results is enormous. 100.1 98.1 82.3 81.6 94.4 92.7 90 80 2004F Commercial 101.9 99.7 100 103.1 100.2 110 99.1 96.6 120 Persona l 109.5 108.3 130 120.9 112.0 2003E 70 PP Auto Home GL & PL WC Source: A.M. Best; Insurance Information Institute CMP Comm Inland Auto Marine All Lines Combined Ratio: Reinsurance vs. P/C Industry 170 All Lines Combined Ratio 2001’s combined ratio was the worstever for reinsurers; 2002 was bad as well. 160 162.5 Reinsurance 2003: Big improvement in primary and reinsurer segments 150 96.3 94.4 100.3 100.1 121.3 00 115.7 99 107.2 98 106.5 110.0 100.5 105.6 97 100 114.3 107.7 100.8 101.6 104.8 105.8 119.2 106.5 113.6 108.5 110 105.0 106.9 120 110.5 108.8 130 115.8 126.5 140 90 91 92 93 94 95 96 01 *1st Half 2004 Source: A.M. Best, ISO, Reinsurance Association of America, Insurance Information Institute 02 03 04* A 100 Combined Ratio Isn’t What it Used to Be: 95 is Where It’s At 110 Combined Ratio 15.9% 14.3% 100.6 16% 100.1 85 15.0% 14% 97.5 94.3 95 90 18% Combined ratios today must be below 95 to generate Fortune 500 ROEs 94.4 13.1% 12% 10% 9.4% 8% 80 6% 1978 1979 2003 Actual 2003 for 15% ROE * 2004 figure is return on average statutory surplus based in first half data Source: Insurance Information Institute from A.M. Best and ISO data. 2004F Retrun on Equity* Combined Ratio 105 100 ROE* PRICING: DOWNWARD PRESSURE? How the Risk Dollar is Spent (2003) Firms w/Revenues < $1 Billion Firms w/Revenues > $1 Billion Liabilty Premiums 14% Retained Liability 11% Admin Costs 5% Property Premiums 16% Retained Property 6% Property Premiums 20% Admin Costs 9% Retained Liability 4% Retained Property 3% WC Premiums 14% Liabilty Premiums 18% Retained WC 21% Other 2% WC Premiums 8% Total Prof. Total Mgmt. Liab Liab. 10% 8% Source: RIMS (2003); Insurance Information Institute Retained WC 10% Other 4% Total Prof. Liab Total Mgmt. 13% Liab. 7% Cost of Risk: 1990-2003* $13 $11.96 $12 $11 $10 $8.91 $9 $8.30 $7.70 $8 $7 $6.10 $7.30 $6.49 $6.40 $6.46 $5.70 $6 $5.71 $5.25 $5.20 $5 $4.83 $4 90 91 92 93 94 95 96 97 98 99 00 * Cost of risk includes insurance premiums, retained losses and administrative expenses Source: 2003 RIMS Benchmark Survey; Insurance Information Institute 01 02 03 Components of Cost of Risk Per $1,000 of Revenue* % Change 2001 -03 +45.8% $4.0 +90.3% $3.63 +113.8% 2001 $3.57 $3.54 2002 2003 $3.5 $3.0 $2.5 $2.92 $2.72 $2.49 $2.55 +107.0% $2.07 $1.86 $2.0 $1.67 $1.5 $1.43 $1.00 $1.0 +44.8% +150.0% $1.26 $0.96 $0.87 $1.15 $0.82 $0.46 $0.5 $0.0 Total WC Costs Total Liability Costs Total Property Costs Other Costs Total Admin. Costs * Cost of risk includes insurance premiums, retained losses and administrative expenses Source: 2003 RIMS Benchmark Survey; Insurance Information Institute Total Mgmt. Liability Costs 20% 15% 0% 10% 5% Source: MarketScout.com 12% 12% 10% 12% 11% 9% 9% 9% 7% 7% 5% 4% 4% 2% 2% 30% 18% 18% 17% 16% 35% 28% 31% 31% 28% 30% 32% 33% 28% 29% 30% 32% 30% 27% 25% 28% 22% 14% 11% 13% 16% 19% 22% 25% Jul-01 Aug-01 Sep-01 Oct-01 Nov-01 Dec-01 Jan-02 Feb-02 Mar-02 Apr-02 May-02 Jun-02 Jul-02 Aug-02 Sep-02 Oct-02 Nov-02 Dec-02 Jan-03 Feb-03 Mar-03 Apr-03 May-03 Jun-03 Jul-03 Aug-03 Sep-03 Oct-03 Nov-03 Dec-03 Jan-04 Feb-04 Mar-04 Apr-04 May-04 Jun-04 Jul-04 Aug-04 Sep-04 Oct-04 Nov-04 Commercial Premium Rate Changes Are Sharply Lower Is moderation due to realization of performance and profit goals, increasing capacity/ capital, or market- share strategies? Proportion of Workers Comp Accounts Renewing With Increase of 20% or More More than half of all WC accounts renewed up at least 20% in mid-2002, two years later virtually none did. 54% 38% 38% 32% 20% 12% 12% 3% 02:II 02:III 02:IV 03:I 03:II 03:III 03:IV 04:I Source: Council of Insurance Agents and Brokers; Insurance Information Institute 1% 1% 04:II 04:III World Rate-On-Line Index (1990 = 100) 400 372 337 350 288 283 300 Reinsurance prices rising, limits falling: ROL up significantly, though not as much as after Hurricane Andrew in 1992 248 250 239 160 150 100 230 194 193 200 260 138 142 116 100 50 0 90 91 92 93 Source: Guy Carpenter 94 94 96 97 98 99 00 01 02 03 04 P/C Soft Spots: % Accounts With Negative Price Change(3rd Qtr. 2004) 90% 85% Casualty/Liability/Terrorism 80% 70% 60% Propert y 59% 62% 53% 46% 50% 41% 37% 40% 30% 20% 10% 25% More moderation is evident in the commercial casualty segments, but softening quickly 0% Comm Prop Biz Terror Comm Auto WC Interruption GL Source: Council of Insurance Agents & Brokers; Insurance Information Institute EPL Umbrella P/C Soft Spots: % Accounts With Negative Price Change(4th Qtr. 2003) 60% 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Propert y Casualty/Liability/Terrorism 42% 18% 13% 13% 12% 5% Comm Prop Biz Terror Comm Auto WC Interruption 11% 2% GL Source: Council of Insurance Agents & Brokers; Insurance Information Institute EPL Umbrella P/C Soft Spots: % Accounts With Negative Price Change(4th Qtr. 2002) 60% 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Casualty/Liability/Terrorism Propert y 7% 2% 0% 0% 0% 1% Comm Prop Biz Terror Comm Auto WC Interruption GL EPL Umbrella 0% 1% Source: Council of Insurance Agents & Brokers; Insurance Information Institute P/C Soft Spots: % Accounts With Negative Price Change(4th Qtr. 2001) 60% 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Casualty/Liability/Terrorism Propert y 0% 0% 1% 0% 0% Comm Prop Biz Terror Comm Auto WC Interruption GL Source: Council of Insurance Agents & Brokers; Insurance Information Institute 0% EPL Umbrella FATAL ATTRACTION? A LOSS OF PRICING & UNDERWRITING DISCIPLINE RATINGS, SOLVENCY, FINANCIAL STRENGTH Cost of Risk vs. Commercial Lines Operating Ratio* $11.96 $12 Commercial Operating Ratio 105 101.5 $8.30 100 95 95.9 96.0 $6.40 $6.10 $10 Cost of Risk 101.1 $8 $7.70 $7.30 94.2 90 $8.91 $6.46 $6.49 $5.71 $5.70 $5.20 91.3 $5.25 91.3 90.6$4.83 90.0 90.7 89.3 94.4 $6 87.0 84.5 85 $4 $2 80 $0 90 91 92 93 94 95 96 Source: RIMS, A.M. Best; Insurance Information Institute 97 98 99 00 01 02 * 2003 operating ratio is III estimate. 03 Cost of Risk/$1000 Revenue Commercial Lines Operating Ratio 110 Private Passenger Auto Combined & Operating Ratios, 1993-2004F 115 $871 PP Auto Combined Ratio $700 96.6 99.1 Rating actions contributed to dramatic improvement in PP Auto U/W performance 95 90 $600 $500 95 96 97 98 99 00 01 02 03E 04F Sources: Insurance Information Institute from A.M. Best and NAIC data; 2003/4 expenditure estimates from III. Avg. Auto Insurance Expenditure $718 103.5 $687 $800 107.9 $704 $683 99.5 100 101 $668 $691 $781 104.2 $706 101.1 105 101.3 Combined Ratio 110 $842 109.5 Average Auto Insurance Expenditure $900 Number of P/C Failures vs. Combined Ratio, 1991-2003 70 117 2003 failures fell to a 5-year low 40 115 115 58 108 108 110 109 107 107 106 35 108 102 30 25 24 31 28 24 27 10 8 10 105 100 100 20 10 110 107 20 10 95 0 90 91 92 93 94 95 96 97 Number of P/C Failures Source: Standard & Poor’s; Insurance Information Institute 98 99 00 Combined Ratio 01 02 03 Combined Ratio Number of Failures 60 50 120 Downgrade/Upgrade Ratio* 4.93 3.78 3.5 4 1.08 0.8 0.51 0.41 0.74 1.1 0.83 0.44 0.58 0.82 0.99 1.05 87 1.56 1.78 1.12 1 86 1.71 1.22 2 1.98 3 0.45 0.41 0.43 0.42 0.68 Ratio of Downgrades to Upgrades 5 Sources: Impairment Rate and Rating Transition Study— 1977 to 2002, A.M. Best & Co.; 2003E from S&P. *U.S. property/casualty and life/health insurers 03E 02 01 00 99 98 97 96 95 94 93 92 91 90 89 88 85 84 83 82 81 80 79 78 0 Impairment Count by Year 60 56 Impairment rates rose sharply during the poor market conditions of the mid-1980s and continued well into the 1990s 50 40 40 30 40 33 32 26 Impairment rates rose dramatically as the most recent soft market deepened and continued as the market hardened 35 35 31 25 22 19 14 12 10 9 7 4 4 6 29 23 22 18 20 34 7 0 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 Sources: A.M. Best; Insurance Information Institute. *A.M. Best defines a financial impaired company as one where the insurance department in the state of domicile takes an “official action.” P/C Company Insolvency Rates, 1993 to 2002 •Insurer insolvencies are increasing 1.33% •10-yr industry failure rate: 0.72% 1.20% •Failure rating for B+ or better rating: 0.49% •Failure rate for D through B rating: 1.29% 1.02% 1.03% 10-yr Failure Rate 0.79% = 0.72% 0.60% 0.58% 0.21% 1993 1994 1995 0.28% 1996 30 30 38 2000 2001 2002 0.23% 1997 Source: A.M. Best; Insurance Information Institute 1998 1999 Reason for P/C Insolvencies (218 Insolvencies, 1993-2002) Impaired Affiliate 3% Unidentified 17% CAT Losses 3% Reinsurer Failure 0% Deficient Loss Reserves 51% Reserve deficiencies account for more than half of all p/c insurers insolvencies Change in Business 3% Discounted Ops 8% Overstated Assets 2% Alleged Fraud 3% Rapid Growth 10% Source: A.M. Best, Insurance Information Institute P/C Insurance Industry Prior Year Reserve Development* $ Billions, Calendar Year Basis $25 Adverse reserve development totaled $47.8 billion from 2000 through 2003 $20 $13.7 Adverse reserve development is the #1 killer of p/c insurance companies: Strength Matters $15 $10 $5 $22.7 $2.3 $0.3 $0 $2.2 $1.2 $0.4 ($1.5) ($5) ($10) $11.0 ($3.7) Actuaries partially to blame for this— not random fluctuation ($7.5)($6.7) ($10.0) ($8.5) ($15) 90 91 92 93 94 95 96 97 98 99 00 01 02 03 *Negative numbers indicate favorable development; positive figures represent adverse development. Source: A.M. Best, Morgan Stanley, Dowling & Partners Securities, Prudential Securities, Ins. Info. Inst. Combined Ratio: Impact of Reserve Changes (Points) Points (Reduced)/Increased 7 6 5 4 3 2 1 0 -1 -2 -3 Prior-year adverse reserve development totaling nearly $14 billion in 2003 added 3.5 points to the p/c combined ratio in 2002 6.3 5.2 3.5 0.5 (0.4) (2.4) 1998 1999 2000 2001 Source: ISO, A.M. Best, MorganStanley, Prudential Securities. 2002 2003 IS THERE CAUSE FOR CONCERN? Strength Matters Cumulative Average Impairment Rates by Best Financial Strength Rating* 60% 50% Insurers with strong ratings are far less likely to become impaired over long periods of time. Especially important in long-tailed lines. D C/C- 40% C++/C+ 30% B/BB++/B+ 20% A/A- 10% A++/A+ 0% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Average Years to Impairment *US P/C and L/H companies, 1977-2002 Sources: A.M. Best: Best’s Impairment Rate and Rating Transition Study—1977-2002, March 1, 2004. Cumulative Avg. Implied Impairment Rates by Holding Co. Senior Unsecured Debt Insurers with strong credit ratings are 45% far less likely to become impaired over long periods of time. Especially 40% important in long-tailed lines. c 35% 30% 25% 20% 15% b 10% 5% 0% aa bb bbb a aaa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Average Years to Impairment *US P/C and L/H companies, 1977-2002 Sources: A.M. Best: Best’s Impairment Rate and Rating Transition Study—1977-2002, March 1, 2004. INVESTMENTS: NO SUBSTITUTE FOR SOUND UNDERWRITING Net Investment Income $45 Growth History $36 2002: -1.3% 2003: +3.9% $ Billions History $27 1997 Peak = $41.5B 2000= $40.7B $18 2001 = $37.7B 2002 = $37.2B $9 2003 = $38.7B 2004E = $38.0 $0 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 Source: A.M. Best, ISO, Insurance Information Institute Interest Rates: Lower Than They’ve Been in Decades, But… 14% Lower bond yields were the primary driver behind declining investment income in recent years, with the 10-year note reaching a 45-year low in 2003 12% Higher ST rates as Fed tightens. In long run immense & growing deficit will force rates higher 16% LT rates actually falling again since econ not as strong as presumed 10% 8% 6% 4% About 2/3 of invested assets are in the form of bonds 2% 3-Month T-Bill 1-Yr. T-Bill 10-Year T-Note Source: Board of Governors, Federal Reserve System; Insurance Information Institute Sep 04 04 Jun Mar 04 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 0% Total Returns for Large Company Stocks: 1970-2004* 40% S&P 500 was up 28.7% in 2003 but up 7% early Dec. as falling oil prices and a certain election outcome bolstered stocks; Iraq, terrorism, resurgent oil prices and fear of higher interest rates remain concerns 30% 20% 10% 0% -10% 2003 ended a streak of 3 consecutive years of declines for stocks -20% Source: Ibbotson Associates, Insurance Information Institute. 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1970 -30% Will the bull market run out of steam in 2004? *Through December 3, 2004 US P/C Net Realized Capital Gains 1990-2004:Q1 ($ Millions) Realized capital gains rebounded strongly in 2003/4 $20,000 $15,000 $16,205 $13,016 $10,808 $9,244 $9,893 $9,818 $10,000 $18,019 $6,917 $4,984 $6,631 $5,997 $4,806 $5,000 $2,880 $1,664 $0 -$1,214 -$5,000 90 91 92 93 94 95 96 97 *First half 2004 result Sources: A.M. Best, ISO, Insurance Information Institute. 98 99 00 01 02 03 04* Property/Casualty Insurance Industry Investment Gain* $ Billions $60 $57.9 $52.3 $56.9 $51.9 $47.2 $50 $44.4 $42.8 $40 $45.6 $48.0 $36.0 $35.4 $30 Investment gains are rising but remain well below the peak of $57.9 billion in 1998 $20 $10 $0 94 95 96 97 98 99 00 01 02 03 04E *Investment gains consist primarily of interest, stock dividends and realized capital gains and losses. 2004 estimate is annualized figure based on first half result. Source: Insurance Services Office; Insurance Information Institute. Significant Risks to Investment Portfolio in 2005 & Beyond? • Out-of-Control US Fiscal Policy Virtually no domestic savings so US govt. (and corporations) borrowing heavily from abroad Foreign appetite for US securities starting to wane Interest rates will rise, bond prices fall • Loose Monetary Policy Has Accommodated Deficit Gives inflation a change to take root & accelerate (& contribute reserve deficiency) Forces Fed to raise rates (next hike expected Dec. 14) • Budget (& Current Acct.) Deficits Will Lead to Higher Interest Rates as Foreign Appetite for US Debt Wanes To attract more foreign capital interest rates must rise • US Dollar Continues to Depreciate Repatriation of profits difficult for foreign insurers Theoretically makes acquisition of US insurers more feasible • Stocks Market Performance Will Be Rocky Rising interest rates are bad news for stocks HURRICANE SEASON OF 2004 One for the Record Books U.S. Insured Catastrophe Losses ($ Billions) 2004 could become the second $ Billions worst year ever for natural disaster losses in the US 04E* 03 02 01 00 99 98 97 96 95 94 93 92 91 90 89 $28.1 $30 $24.7 $22.9 $25 $20 $16.9 $12.9 $15 $10.1$8.3 $8.3 $7.3 $10 $7.5 $5.9 $5.5 $4.7 $4.3 $2.7 $2.6 $5 $0 *2004 figure is as of September 30, 2004. 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. Source: Property Claims Service/ISO; Insurance Information Institute Top 10 Insured Losses Worldwide, 1970-2004 ($2003) $35 Seven of the 10 most expensive disasters is world history occurred in the US: Two were this year’s hurricanes $30 $ Billions $25 $20 $15 $10 $4.8 $5 $6.4 $6.2 $6.0 $20.9 $17.3 $7.6 $6.8 $6.4 $30.6 01 ) (2 0 A tta ck (1 Se pt .1 1 Te rr or nd re w eA ak H ur ri ca n ar th qu eE or th rid g N 99 2) 94 ) e( (1 9 M ir ei lle n ph oo Ty 19 91 ) 00 4) rle y ha eC D H ur ri ca n rm st o in d W (2 99 0) ar ia r( th a Lo rm st o in d W (1 19 98 9) eH H ur ri ca n eI va n ug o (2 (1 00 4) 87 ) 19 H ur ri ca n rm s( St o ea n ro p Eu 99 ) $0 *Hurricanes Ivan and Charley in 2004 dollars. Sources: ISO/PCS; Swiss Re, “Natural Catastrophes and Man-Made Disasters in 2003,” Sigma, no. 1, 2004; except Sept. 11 estimate from Hartwig, Robert P., 2004 Mid-Year Property/Casualty Insurance Update, Insurance Information Institute. Figure is stated in 2001 dollars. Losses from Hurricanes of 2004 $8.0 $7.0 Four of the Top 10 hurricanes in US history occurred in 2004 $ Billions $6.8 $6.0 $6.0 $5.0 $4.0 $3.0 $2.0 $1.0 $4.4 $3.2 Estimated insured losses from the hurricanes of 2004 = $20.485B exceed the $15.5B in losses from Hurricane Andrew ($20.3B in $2003) $0.0 Jeanne Frances Source: ISO/PCS; Insurance Information Institute Ivan Charley Claims Payouts for 4 Hurricanes Unparalleled $8 $7 Total Insured Losses = $20.485B Florida Only = 17.5B (85%) Florida All Other States Total = $6.8 Billion Total = $6.0 Billion $0.1 Billions $6 Total = $4.4 Billion $5 $4 $2.2 Total = $3.2 Billion $3 $6.8 $0.5 $2 $1 $0.3 $4.1 $3.8 Frances Ivan $2.8 $0 Jeanne Source: PCS/ISO Charley Claims Handling Represented Herculean Effort by Insurers 700 Total Claims = 2.177 million Florida Only = 1.692 Mill (78%) Florida Total = 600,000 600 Total = 552,000 Total = 640,000 35 47 500 ($ Thousands) All Other States Total = 385,000 315 400 88 605 300 505 200 297 285 100 0 Source: PCS/ISO Jeanne Frances Ivan Charley Personal Property Losses Accounted for Largest Share Damage from 2004 Hurricanes* Charley Ivan TOTAL 4% 4% Vehicle 4% 56% 63% 33% 40% Personal Property 63% Frances 4% Comm. Property 33% Jeanne 4% 66% 23% 30% Source: ISO/PCS. 73% *Breakdowns based on FL losses, which accounted for 85% of losses for all affected states. Underwriting Gain (Loss) in Florida Homeowners Insurance, 1992-2004E* $4 $2 $0.69 $0.43 $1.43 $1.16 $1.47 $0.86 $1.08 $1.23 $1.28 $1.88 $0 ($0.21) $ Billions ($2) ($4) Florida’s homeowners insurance market produces small profits in most years and enormous losses in others ($6) ($8) ($10) ($12) ($9.31) ($10.60) 92 93 94 95 96 97 98 99 00 01 02 03 04E *2004 estimate by Insurance Information Institute based on historical loss and expense data for FL adjusted for estimated 2004 residential windstorm losses of $11.2B; 2003 figure is also from III estimates of loss and expense. Excludes Citizens Property Insurance Corp. results. Cumulative Underwriting Gain (Loss) in Florida Homeowners Insurance, 1992-2004E* $2 $0.7 $0 -$1.2 $ Billions ($2) -$2.7 ($4) -$3.8 ($6) -$5.2 -$6.5 It took insurers 11 years (1993-$7.7 2003) to erase the UW loss -$8.8 associated with Andrew, but ($10) -$9.7 the 4 hurricanes of 2004 erased -$10.1 -$10.6-$10.8 the past 7 years of profits ($12) ($8) 92 93 94 95 96 97 98 99 00 01 02 03 -$8.6 04E *2004 estimate by Insurance Information Institute based on historical loss and expense data for FL adjusted for estimated 2004 residential windstorm losses of $11.2B; 2003 figure is also from III estimates of loss and expense. Excludes Citizens Property Insurance Corp. results. Cumulative Underwriting Gain (Loss) in Florida Homeowners Insurance, 1993-2004E* $12 $10 $ Billions $8 $6 Hurricanes Charley, Frances, Ivan and Jeanne erased 82% of the underwriting profit homeowners insurers in FL earned between 1993 and 2003 $4 $11.3 $9.4 $7.9 $6.8 $5.4 $4.1 $2.9 $2.0 $1.8 $2 $0.5 $0.9 $0 -$0.2 ($2) 93 94 95 96 97 98 99 00 01 02 03 04E *2004 estimate by Insurance Information Institute based on historical loss and expense data for FL adjusted for estimated 2004 residential windstorm losses of $11.2B; 2003 figure is also from III estimates of loss and expense. Excludes Citizens Property Insurance Corp. results. Average Annual Windstorm Insured Losses* (Top 10 States, $ Millions) Distribution of Annual Losses Florida 49.5% $1,500 $1,423 All Other 15.7% $1,250 $1,000 Mississippi 2.7% $750 N. Carolina 3.8% $615 $500 $196 $250 Texas 21.4% Louisiana 6.8% $154 $109 $77 $64 $62 $61 $61 $51 NC MS MA SC AL NY CT $0 FL TX LA All Other *Normalized losses adjusted for inflation, housing density, wealth and wind insurance coverage, based on historical data for 100-year period 1900-1999. Source: Tillinghast-Towers Perrin % of Comml. Property Accounts Renewing Negative (3rd Quarter 2004) 95% Commercial property is “less soft” in the Southeast 93% 90% 90% 89% 85% 85% 80% 75% 75% 70% 65% 60% Northwest Southwest Source: Council of Insurance Agents and Brokers Midwest Northeast Southeast What’s Going to Happen in Florida? • Special Legislative Session in December 2004 • Elimination of Occurrence-Based Wind Deductible Likely a “Seasonal” wind deductible will at least be an option May be able to choose a fixed dollar deductible or from a range of percentage deductibles “Actuarial Integrity” of the rates likely to be preserved (i.e., if choose seasonal deductible rate should be higher) • Florida Hurricane Catastrophe Fund Industry’s retention likely to be lowered from current $4.5B per occurrence Reduces demand for private reinsurance • Building Code Reform/Modification Structures built to more recent code held-up better Manufactured housing still a big problem Poor land use policies remains; Builder political clout • Expect Florida to Tap Federal Treasury Regularly SPITZER INVESTIGATION Has the Industry’s Reputation Been Shattered? Headlines from Hell • INSURERS REEL FROM SPITZER’S STRIKE -Wall Street Journal, October 18, 2004, Page A1 • BROKER ACCUSED OF RIGGING BIDS FOR INSURANCE -New York Times, October 15, 2004, Page A1 • CLASS ACTION THREAT ADDED TO CHALLENGES FACING INSURERS -Wall Street Journal, October 20, 2004, Page C1 • STATE BASED INSURANCE REGULATION GETS SCRUTINY -Wall Street Journal, October 18, 2004, Page A15 • INSURERS POST STEEP LOSSES IN DAY OF WIDESPREAD DECLINES -New York Times, October 15, 2004, Page C4 3 Main Areas of Investigation • PROBE 1: Anti-Competitive Acts Big-rigging, fraud is the only actual illegal act Contingent commissions not illegal but painted as root of problem Accusation: Broker contractual responsibility to buyer breached Likely Outcome: Fines, penalties, disclosure; E&O/D&O, sharehldr. suits New Economic Model Needed to replace lost broker (agent?) income Independent Agents: Distinction that agent works for insurer not as helpful as commonly believed • PROBE 2: Tying Alleges brokers steered business to certain insurers who would then utilize their reinsurance broker affiliate Likely Outcome: Fines, penalties, disclosure; divestiture (worse case) • PROBE 3: Finite (Re) Insurance/”Non-Traditional” Products Issue 1: Was there “significant” transfer of risk or merely a loan disguised as insurance? Issue 2: Was there proper accounting treatment Issue 3: Misrepresentation of policy details Likely Outcome: Fines, Penalties, revamped accounting definitions; stds. Impact of Spitzer Investigation • • • • • Impact on insurer & broker reputations has been devastating Worst PR disaster in the history of the insurance industry Will take years to repair damage Negative spillover on other issues (TRIA, class action reform?) Whole industry (p/c, life, health) painted with same brush Impact most severe on commercial p/c companies Stock price of personal lines companies impacted (even those with exclusive agents, e.g. Allstate) Least impacted are mutuals with captive agents (e.g., State Farm) • Spitzer cast into doubt on all producer compensation arrangements except straight commissions. • Issue of “bid rigging” and contingent fees (PSAs, MSAs) were (inappropriately) linked by Spitzer (hence media & regulators) • LOST in DEBATE: 2 Distinct Issues: Contingent fees are legal and useful when properly structured Illegal anti-competitive & fraudulent acts are a separate issue and should be treated as such & Don’t represent how industry does business Impact of Spitzer Investigation • Brokers lose substantial income in short-run • Brokers will look to replace revenue, reduce expense • In the end does not fundamentally change distribution system • Look for: More heads to role Civil/criminal indictments (brokers & insurers) Shareholder (D&O) suits; E&O suits Massive fines, penalties and disgorgement of profits Mischief by state insurance commissioners & AGs • Contingent commissions gone for now, but need some form of incentive compensation Can balance with disclosure • Does not create greater impetus for federal regulation Risk Managers: Concerned About Contingent Commission Issue I am concerned that my company’s brokerage firm(s) may have participated in anti-competitive practices related to contingent commissions. 1) Strongly Agree 22.51% 2) Somewhat Agree 3) Neither Agree nor Disagree 30.12% 4) Somewhat Disagree 13.74% 5) Strongly Disagree 20.47% 6) Don't Know/NA Grand Total Source: Advisen Risk Manager Contingent Commission Survey, November 2004. 11.11% 2.05% 100.00% Risk Managers Concerned About Extent of Disclosure I am concerned that my company’s insurance brokerage firm(s) does not fully disclose to my company all sources of income related to my insurance. 1) Strongly Agree 28.65% 2) Somewhat Agree 28.07% 3) Neither Agree nor Disagree 10.38% 4) Somewhat Disagree 13.30% 5) Strongly Disagree 17.25% 6) Don't Know/NA 2.34% Grand Total 100.00% Source: Advisen Risk Manager Contingent Commission Survey, November 2004. Risk Managers Concerned Contingent Commissions are Conflict I believe that contingent commissions are a conflict of interest. 1) Strongly Agree 38.45% 2) Somewhat Agree 25.58% 3) Neither Agree nor Disagree 13.74% 4) Somewhat Disagree 11.55% 5) Strongly Disagree 9.36% 6) Don't Know/NA 1.32% Grand Total 100.00% Source: Advisen Risk Manager Contingent Commission Survey, November 2004. Most Risk Managers Believe Elimination of Contingencies Will Raise Their Costs Elimination of contingent commissions will have the following result on the Total Cost of Risk for my company: 1) Increase 33.77% 2) No Impact 46.64% 3) Decrease 19.59% Grand Total Source: Advisen Risk Manager Contingent Commission Survey, November 2004. 100.00% Most Risk Managers Favor Standardized Transparency Should the transaction process to buy commercial insurance be standardized and transparent to your company? 1) Yes 74.12% 3) No 16.81% 2) Don't Know Grand Total Source: Advisen Risk Manager Contingent Commission Survey, November 2004. 9.06% 100.00% Relatively Few Risk Managers Plan to Replace Their Broker(s) Are you considering replacing your current insurance brokerage firm (s)? 1) Yes 14.33% 2) No 63.89% 3) Don't Know 21.78% Grand Total 100.00% Class Actions: You Can Sign Up to Sue Insurers & Brokers Online Source: Yahoo! Search, 10/22/04 Percent of Public Rating Industry as Very or Mostly Favorable, 1968-2004 90% Banks Electric Power Company Consumer Finance Companies Auto & Home Insurance 80% 70% 60% 50% 40% 30% 20% 10% Source: Insurance Information Institute Annual Pulse Survey 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1988 1986 1985 1983 1981 1978 1972 1968 0% MUTUAL FUNDS: Ratings Took Hit—Shades of Things to Come? Very/Mostly Favorable 55% Very/Mostly Unfavorable 16% 53% 51% 51% 50% 15% 14% 48% 13% 12% 44% 45% 10% 9% 9% 8% 8% 39% 40% 6% 4% Favorability ratings have declined 35% 5% Unfavorable ratings TRIPLED in 5 years 2% 0% 30% 1999 2000 2001 2002 2003 2004 1999 Source: Insurance Information Institute, 2004 Pulse Survey 2000 2001 2002 2003 2004 AN ECONOMIC THEORY OF WHAT WENT WRONG Contingent Commissions Are Not to Blame Economic & Insurance Market Factors are at the Root of the Problem, Not Contingent Commissions • Increasing Market Concentration Among Brokers E.g., Market share of Top 3 out largest 10 brokers rose from 62% in 1989 to 79% in 2003 • Declining Capacity in P/C Insurance Industry “Supply” of capital (as measured by policyholder surplus) fell by 16% or $54 billion from mid-1999 to year-end 2002 • Severe Drop in Capacity in Excess Casualty Market Capacity plunged 30% from 2000 to 2003 Created acute supply shortage as demand increased • Tort Environment Deterioration Increased Demand for Excess Casualty Coverage as Capacity Fell Commercial tort costs rose 53% from 2000 to 2002 Average jury award rose 186% from 1994 to 2002 • Combination of Decreased Supply, Increased Demand Gave Producers Securing Coverage More Leverage In a few instances, some stepped over a VERY BRIGHT line Relative Market Share of Top Brokers Increased Significantly in the 1990s 100% 2003 1989 Cumulative Market Share 90% 79% 84% 80% 70% 70% 72% 60% 50% Relative market share of top brokers much higher than in 2003 than in 1989 62% Relative market share of top 3 brokers (out of top 10) rose from 62% in 1989 to 79% in 2003. 41% 48% 40% 32% 30% 1 2 3 4 5 6 7 Broker Rank by Revenue Sources: Business Insurance, Dowling & Partners; Insurance Information Institute 8 9 10 U.S. Insurer Capacity Decreased Significantly from 1999-2002 $400 $350 $300 Surplus (capacity) peaked at $339.3 Billion in mid-1999 and fell by a record 15.9% ($53.9 billion) to $285.4 billion at year-end 2002 $ Billions $250 $200 $150 “Surplus” is a measure of underwriting capacity. It is analogous to “Owners Equity” or “Net Worth” in non-insurance organizations $100 $50 $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 Source: A.M. Best, ISO, Insurance Information Institute Billions Excess Casualty Market: Problem Area Capacity Fell Even More Sharply at a Time When Demand Was Soaring Capacity dropped 30% from 2000 to 2003 $3.0 $2.011 $2.5 $2.0 $1.941 $2.045 $1.721 $1.710 $1.575 $1.432 $1.334 $1.405 $1.425 $1.5 Supply (Capacity) fell in excess casualty markets as capacity overall fell, the tort environment deteriorated and downgrades for insurers to become more conservative with capital allocation $1.0 $0.5 $0.0 1994 1995 1996 Source: Marsh, 2003 Limits of Liability Report 1997 1998 1999 2000 2001 2002 2003 Extreme Pressure on Excess Casualty Markets as Commercial Tort Costs Skyrocketed $100 $90 Billions $80 $70 Commercial Tort Costs $87.4 Commercial tort costs rose 53% from 2000 to 2002! $60 $49.1 $50 $40 Demand rose as capacity crashed, increasing the importance of the broker’s role in securing coverage $30 $20 $57.2 $17.0 $10 $0 1980 *Excludes medical malpractice Source: Tillinghast-Towers Perrin 1990 2000 2002 Skyrocketing Jury Awards Pressured Casualty/Liability Markets $8,000 2002 $7,000 1,744 1,140 4,421 1,185 767 $1,000 419 $2,000 333 $3,000 221 $4,000 187 ($000) $5,000 Average jury awards skyrocketed between the mid-1990s and 2002. From 1994 through 2002, the average award rose 186% 1,199 $6,000 5,601 6,246 1994 $0 Overall Vehicular Liability Premises Liability Wrongful Death Source: Jury Verdict Research; Insurance Information Institute. Medical Malpractice Products Liability The Rest is History… Download III’s Broker/Agent Compensation background paper at: http://www.iii.org/media/hottopics/ insurance/brokercompensation/ Eliot Spitzer, New York State Attorney General CAPACITY CRUNCH? U.S. Policyholder Surplus: 1975-2004* $400 $350 $300 $ Billions $250 $200 Surplus (capacity) peaked at $339.3 Billion in mid-1999 and fell by 15.9% ($53.9 billion) to $285.4 billion at year-end 2002 Capacity TODAY is just 9.2% above its mid-1999 peak Surplus increased by $61.6B or 21.6% to $347.0B in 2003 and 4.9% in the 1st qtr. of 2004 to $361.2 billion $150 “Surplus” is a measure of underwriting capacity. It is analogous to “Owners Equity” or “Net Worth” in non-insurance organizations $100 $50 $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 Source: A.M. Best, ISO, Insurance Information Institute *As of 6/30/04. Capacity of Lloyd’s Market After remaining stable at around GBP10bn, Lloyd’s capacity has increased by over 40% in the last three £14.9 £14.9 years. £16 £15 2004 capacity is GBP14.9bn, unchanged from 2003. £14 £13 £12.2 £12 £11.1 £10.9 £11 £10.2 £10.0£10.3£10.2 £9.9 £10.1 £10 £8.9 £9 £8 93 94 95 96 97 98 99 00 01 02 03 Source: Lloyd’s 04 500 Hard market fueling captive formation Corporate collapses and captive consolidations fueled the upward trend in captive liquidations in 2002. 462 600 510 Number of Captive Formations & Liquidations 1993 to 2003E 1998 316 305 1997 245 294 1996 250 290 243 238 300 289 400 1999 2000 200 100 0 1993 1994 1995 2001 New Captives Source: AM Best, Advisen 2002 2003E WORKERS COMPENSATION [full presentation available to III member companies] Workers Comp Combined Ratios, 1994-2003p Percent 140 130 120 110 101 100 97 Workers Comp Calendar Year vs. Ultimate Accident Year – Private Carriers 138 133 129 125 122 119 118 115 111 108 108 106 106 101 101 100 101 97 90 1994 1995 1996 1997 1998 Calendar Year 1999 2000 2001 2002 Accident Year p Preliminary Accident Year data is evaluated as of 12/31/2003 and developed to ultimate Source: Calendar Years 1994-2002, A.M. Best Aggregates & Averages; Calendar Year 2003p and Accident Years 1994-2003p, NCCI Includes dividends to policyholders 2003p WC Combined Ratios: Problems are National in Scope 140 130 123 120 2.9 pts due to 9/11 Calendar Year vs. Ultimate Accident Year Countrywide—Private Carrier* Calendar Year 122 122 118 117 115 111 109 110 108 101 100 108 100 101 97 90 90 91 92 93 94 95 96 97 98 99 *Includes dividends to policyholders Accident year is developed to ultimate as 12/31/02; Note: CY figures from AM Best; AY figures from NCCI, 2003E is III estimate. 00 01 02 03E Source: A.M. Best, NCCI Workers Comp Reserves, 1993-2003p $ Billions 25 $20.0 $21.0 $18.3 20 $18.0 $15.2 $14.5 15 $10.0 10 $4.6 5 $0.5 $2.0 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 Loss and LAE Reserve Deficiency Through Year End p Preliminary Difference between NCCI estimated ultimate losses and LAE as of 12/31/2003 and reported in Schedule P Source: NCCI 2003p Workers Comp Indemnity Claims Costs Have Accelerated, 1993-2003p Indemnity Claim Cost (000s) Lost-Time Claims $19 $17 Annual Change 1991–1995: Annual Change 1996–2002: +0.3% +7.4% $15.2 $16.8 $14.2 $15 $12.8 $13 $11 $16.1 $9.7 $9.7 $9.4 $9.1 $9.6 $10.3 $11.0 $11.8 $9 $7 $5 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003p Accident Year 2003p: Preliminary based on data valued as of 12/31/2003 1991-2002: Based on data through 12/31/2002, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies Source: NCCI Workers Compensation Indemnity Severity Is Outpacing Wage Inflation % Change, Lost–Time Claims 12 10.5 (% Change) 10 8.3 7.3 6.9 8 7.3 6.0 5.9 6 4.5 4 1.7 2 2.8 4.7 4.0 4.2 4.9 4.2 2.8 2.2 2.0 2002 2003p 0 1995 1996 1997 1998 1999 2000 2001 Year Change in CPS Wage Change in Indemnity Cost per Lost-Time Claim Indemnity severity 2003p: Preliminary based on data valued as of 12/31/2003 Indemnity severity 1995-2002: Based on data through 12/31/2002, developed to ultimate Based on the states where NCCI provides ratemaking services, excludes the effects of deductible policies Source: Calendar Year Current Population Survey, Economy.com; Accident Year indemnity severity, NCCI Workers Comp Medical Claims Continue to Climb Medical Claim Cost ($000s) $19 $17 Annual Change 1991–1995: Annual Change 1996–2002: $17.8 +3.9% +9.0% $16.3 $14.7 $15 $13.1 $13 $12.0 $11 $9 $7.9 $8.0 $7.8 1991 1992 1993 $8.5 $8.9 $9.6 $10.3 $11.1 $7 $5 1994 1995 1996 1997 Accident Year 2003p: Preliminary based on data valued as of 12/31/2003 1991-2002: Based on data through 12/31/2002, developed to ultimate Based on the states where NCCI provides ratemaking services Excludes the effects of deductible policies 1998 1999 2000 2001 2002 2003p WC Medical Severity Rising Far Faster than Medical CPI 14% 10% 8.7% 7.4% 8% 6% 4% 7.7% 12.0% 11.0% 9.0% 9.0% 7.3% 5.0 pts 12% WC medical severity is rising 2.3 times faster than the medical CPI 5.1% 4.5% 3.6% 2% 2.8% 3.2% 1996 1997 4.7% 4.0% Change in Medical CPI Change Med Cost per Lost Time Claim 0% 1995 3.5% 4.1% 4.6% 1998 1999 2000 2001 2002 2003 Sources: Med CPI from US Bureau of Labor Statistics, WC med severity from NCCI based on NCCI states. Workers Compensation Residual Market Shares Continue to Rise Workers Compensation Insurance Plan States* Premium as a Percent of Direct Written Premium Percent 30 24 25 21 20 16 22 18 17 17 Residual market share quadrupled from 3% to 12% from 1999 to 2003 26 23 16 15 10 12 11 9 10 8 4 5 6 3 3 0 p 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 Calendar Year p Preliminary •NCCI Plan states plus DE, IN, MA, MI, NJ, NC •Source: NCCI LEGAL LIABILITY & TORT ENVIRONMENT TORT-AGEDDON INSURERS HAVE BEEN BATTLING THE TORT SYSTEM FOR DECADES, BUT LAWYERS ARE BETTER ORGANIZED, BETTER FUNDED AND POLTICALLY BETTER CONNECTED There is Was is Was a Glimmer of Hope for Tort Reform Best Chance for Tort Reform in Years is Gone • Medical Malpractice States—already happening: 20+ states have caps Federal reform discussed in Congress but bill failed in Senate Attempt to get caps for specialties failed February 2004 • Class Action Reform Class Action Fairness Act Failed by 1 Vote 10/22/03; Failed Again in 2004 • Asbestos Reform Fairness in Asbestos Injury Resolution of 2003; Failed Apr. 2004 • Punitive Damages—What’s Reasonable Supreme Court ruled favorably in Campbell v. State Farm Insurance Industry Has Been Doing Battle With Trial Lawyers for More Than a Half Century Insurance industry ads from the Saturday Evening Post in 1953! But It is Attorneys Who Spend Most of the Ad Money Today Cost of U.S. Tort System ($ Billions) Tort costs consumed 2.23% of GDP in 2002 $350 $300 $250 Per capita “tort tax” expected to rise to $1,003 by 2005, up from $809 in 2002 $200 $150 $129 $130 $141 $144 $148 $159 $156 $156 $298 $233 $205 $167 $169 $180 $100 $50 $0 90 91 92 Source: Tillinghast-Towers Perrin. 93 94 95 96 97 98 99 00 01 02 05F Personal, Commercial & Self (Un) Insured Tort Costs* $250 Commercial Lines Personal Lines Self (Un)Insured Total = $208.8 Billion Billions $200 Total = $157.7 Billion $150 Total = $120.2 Billion $42.9 $29.6 $78.5 $20.1 $100 $70.9 Total = $39.5 Billion $51.0 $50 $0 $87.4 $5.4 $17.1 $17.0 $49.1 $57.2 1980 1990 2000 *Excludes medical malpractice Source: Tillinghast-Towers Perrin 2002 How the Risk Dollar is Spent (2003) Total liability costs account for about 40% of the risk dollar Firms w/Revenues < $1 Billion Firms w/Revenues > $1 Billion Retained Liability 11% Admin Costs 5% Liabilty Premiums 14% Property Premiums 16% Property Premiums 20% Admin Costs 9% Retained Liability 4% Retained Property 6% Retained Property 3% WC Premiums 14% Liabilty Premiums 18% WC Premiums 8% Retained WC 21% Other 2% Total Mgmt. Liab. 8% Total Prof. Liab 10% Source: RIMS (2003); Insurance Information Institute Retained WC 10% Other 4% Total Prof. Liab Total Mgmt. 13% Liab. 7% Where the Tort Dollar Goes (2002) Tort System is extremely inefficient: Claimants' Attorney Fees 19% Only 22% of the tort dollar compensates victims for economic losses At least 54% of every tort dollar never reaches the victim Awards for Economic Loss 22% Administration 21% Awards for Non-Economic Loss 24% Defense Costs 14% Source: Tillinghast-Towers Perrin Average Jury Awards 1994 vs. 2001and 2002 7,795 2002 $7,000 Average jury award appears to be leveling out 3,099 ($000) $5,000 3,913 4,421 $6,000 $4,000 Premises Liability 1,140 Vehicular Liability 1,185 333 750 767 419 $1,000 187 309 221 1,210 1,199 $3,000 $2,000 5,601 2001 1,744 1994 6,246 $8,000 $0 Overall Wrongful Death Source: Jury Verdict Research; Insurance Information Institute. Medical Malpractice Products Liability Probability of Plaintiff Verdict is Rising 1994 1997 2002 Premises Liability 43% 45% 49% Business Negligence NA 57% 62% Vehicular Liability 58% 59% 63% Products Liability 39% 39% 61% Source: Jury Verdict Research, 2003 Current Award Trends Business Leaders Ranking of Liability Systems for 2004 Best States 1. Delaware 2. Nebraska 3. Virginia 4. Iowa 5. Idaho 6. Utah 7. New Hampshire 8. Minnesota 9. Kansas 10. Wisconsin Worst States 41. Missouri 42. Arkansas 43. Montana 44. Illinois 45. Texas 46. California 47. Louisiana 48. Alabama 49. West Virginia 50. Mississippi Source: US Chamber of Commerce States Liability Systems Ranking Study; Insurance Info. Institute. The Nation’s Judicial Hellholes CALIFORNIA Alameda County Los Angeles County San Francisco County Madison County, IL City of St. Louis, MO TEXAS Jefferson County Hidalgo County Starr County I Mississippi’s 22nd Judicial District Orleans Parish, LA Source: American Tort Reform Association; Insurance Information Institute THE CHALLENGE OF TERRORISM Sept. 11 Industry Loss Estimates ($ Billions) Property Life WTC 1 & 2 Other $1.0 (3.1%) $3.6 (11.1%) Liability $4.0 (12.3%) Aviation Liability $3.5 (10.8%) Event Cancellation $1.0 (3.1%) Aviation Hull $0.5 (1.5%) Workers Comp $1.8 (5.8%) Property Other $6.0 (19.5%) Biz Interruption $11.0 (33.8%) Current Insured Losses Estimate: $32.5B Source: Insurance Information Institute Terrorism Coverage Take-Up Rate Rising Terrorism take-up rate for non-WC risk rose through 2003 and continues to rise in 2004 44.2% 46.2% 32.7% 23.5% 26.0% TAKE UP RATE FOR WC COMP TERROR COVERAGE IS 100%!! 2003:II 2003:III 2003:IV Source: Marsh, Inc.; Insurance Information Institute 2004:I 2004:II Capital Myth: US P/C Insurers Have $350 Billion to Pay Terrorism Claims Total PHS = $298.2 B as of 6/30/01 = $291.1 B as of 12/31/02 = $347.0 B as of 12/31/03 "Target" Commercial* $139 billion 40% Only 40% of industry surplus backs up “target” lines Industry emphasizing limited capital resources against virtually unlimited losses Personal $146 billion 42% *”Target” Commercial includes: Comm property, liability and workers comp; Surplus must also back-up on non-terrorist related property/liability and WC claims Source: Insurance Information Institute estimates based on A.M. Best Q.A.R Data. Other Commercial $63 billion 18% Capital Myth: US P/C Insurers Have $350 Billion to Pay Terrorism Claims Total PHS = $298.2 B as of 6/30/01 = $291.1 B as of 12/31/02 = $347.0 B as of 12/31/03 Only 33% of surplus backs “target” lines net of reserve deficiency "Target" Commercial* $114 billion 33% Personal $146 billion 42% *”Target” Commercial includes: Comm property, liability and workers comp; Surplus must also back-up on non-terrorist related property/liability and WC claims Source: Insurance Information Institute estimates based on A.M. Best Q.A.R Data. Commercial Reserve Deficiency $30 billion (est.) 9% Other Commercial $58 billion 17% Summary • 2004/5 represent “sweet spot” in the current cycle for p/c insurance (underwriting/earnings); Hurricanes hurt • Cyclical concerns quickly becoming significant issue • Rising investment returns insufficient to support deep soft market in terms of price, terms & conditions • Tort environment bad, but not getting significantly worse at present time; State efforts (OH, TX, even MS) will help. • Conclusion: Not obvious it will be different this time • Major Challenges: Maintaining price/underwriting discipline Managing variability/volatility of results New/emerging/re-emerging risks Insurance Information Institute On-Line If you would like a copy of this presentation, please give me your business card with e-mail address