Employers Holdings, Inc. (EIG)
SIC breadcrumb: Finance, Insurance, And Real Estate > Insurance Carriers > SIC 6331 Fire, Marine & Casualty Insurance
SEC company page: https://www.sec.gov/edgar/browse/?CIK=1379041. Latest filing source: 0001379041-26-000011.
Informational only - descriptive public-record data, not investment advice.
Business
Read EIG's verbatim Item 1 Business section from its latest 10-K: Business.
Risk Factors
Read EIG's verbatim Item 1A Risk Factors from its latest 10-K: Risk Factors.
Selected Fundamentals
| Metric | Value | Unit | FY | Filed |
|---|---|---|---|---|
| Revenue | 858,700,000 | USD | 2025 | 2026-02-26 |
| Net income | 10,800,000 | USD | 2025 | 2026-02-26 |
| Assets | 3,436,600,000 | USD | 2025 | 2026-02-26 |
Financials
Annual standardized facts from SEC companyfacts as of latest extracted filing date 2026-02-26. Source: https://data.sec.gov/api/xbrl/companyfacts/CIK0001379041.json. Derived margins, ratios, and free cash flow are computed from the extracted annual SEC facts.
| Metric | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | 2025 |
|---|---|---|---|---|---|---|---|---|---|---|
| Revenue | 779,800,000 | 801,400,000 | 800,400,000 | 835,900,000 | 711,400,000 | 703,100,000 | 713,500,000 | 850,900,000 | 880,700,000 | 858,700,000 |
| Net income | 106,700,000 | 101,200,000 | 141,300,000 | 157,100,000 | 119,800,000 | 119,300,000 | 48,400,000 | 118,100,000 | 118,600,000 | 10,800,000 |
| Diluted EPS | 3.24 | 3.06 | 4.24 | 4.83 | 3.97 | 4.17 | 1.75 | 4.45 | 4.71 | 0.46 |
| Operating cash flow | 122,800,000 | 142,300,000 | 180,200,000 | 122,500,000 | 33,000,000 | 10,800,000 | 99,800,000 | 49,400,000 | 76,400,000 | 44,700,000 |
| Capital expenditures | 700,000 | 400,000 | 300,000 | 700,000 | 100,000 | 300,000 | 100,000 | 0.00 | 100,000 | 100,000 |
| Dividends paid | 11,500,000 | 19,700,000 | 26,700,000 | 28,300,000 | 30,500,000 | 29,000,000 | 90,300,000 | 29,700,000 | 30,300,000 | 29,900,000 |
| Share buybacks | 21,100,000 | 0.00 | 4,200,000 | 67,500,000 | 99,400,000 | 42,600,000 | 30,400,000 | 76,100,000 | 42,600,000 | 182,800,000 |
| Assets | 3,773,400,000 | 3,840,100,000 | 3,919,200,000 | 4,004,100,000 | 3,922,600,000 | 3,783,200,000 | 3,716,700,000 | 3,550,400,000 | 3,541,300,000 | 3,436,600,000 |
| Liabilities | 2,932,800,000 | 2,892,400,000 | 2,901,000,000 | 2,838,300,000 | 2,709,800,000 | 2,570,100,000 | 2,772,500,000 | 2,536,500,000 | 2,472,600,000 | 2,480,900,000 |
| Stockholders' equity | 840,600,000 | 947,700,000 | 1,018,200,000 | 1,165,800,000 | 1,212,800,000 | 1,213,100,000 | 944,200,000 | 1,013,900,000 | 1,068,700,000 | 955,700,000 |
| Cash and cash equivalents | 67,200,000 | 73,300,000 | 101,400,000 | 154,900,000 | 160,400,000 | 75,100,000 | 89,200,000 | 226,400,000 | 68,300,000 | 159,800,000 |
| Free cash flow | 122,100,000 | 141,900,000 | 179,900,000 | 121,800,000 | 32,900,000 | 10,500,000 | 99,700,000 | 49,400,000 | 76,300,000 | 44,600,000 |
Ratios
| Metric | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | 2025 |
|---|---|---|---|---|---|---|---|---|---|---|
| Net margin | 13.68% | 12.63% | 17.65% | 18.79% | 16.84% | 16.97% | 6.78% | 13.88% | 13.47% | 1.26% |
| Return on equity | 12.69% | 10.68% | 13.88% | 13.48% | 9.88% | 9.83% | 5.13% | 11.65% | 11.10% | 1.13% |
| Return on assets | 2.83% | 2.64% | 3.61% | 3.92% | 3.05% | 3.15% | 1.30% | 3.33% | 3.35% | 0.31% |
| Liabilities / equity | 3.49 | 3.05 | 2.85 | 2.43 | 2.23 | 2.12 | 2.94 | 2.50 | 2.31 | 2.60 |
Industry Peer Context
Net margin peer context
ROE peer context
ROA peer context
Financial Bridges
Free cash flow = operating cash flow - capital expenditures
Figure provenance: SEC companyfacts FY 2025. Operating cash flow: accession 0001379041-26-000011; concept NetCashProvidedByUsedInOperatingActivities; source concepts us-gaap:NetCashProvidedByUsedInOperatingActivities | Capital expenditures: accession 0001379041-26-000011; concept PaymentsToAcquirePropertyPlantAndEquipment; source concepts us-gaap:PaymentsToAcquirePropertyPlantAndEquipment | Free cash flow: accession 0001379041-26-000011; concept NetCashProvidedByUsedInOperatingActivities - PaymentsToAcquirePropertyPlantAndEquipment; source concepts us-gaap:NetCashProvidedByUsedInOperatingActivities; us-gaap:PaymentsToAcquirePropertyPlantAndEquipment
Financial Charts
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: Revenues. Source concepts: us-gaap:Revenues.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: NetIncomeLoss. Source concepts: us-gaap:NetIncomeLoss.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: EarningsPerShareDiluted. Source concepts: us-gaap:EarningsPerShareDiluted.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: NetCashProvidedByUsedInOperatingActivities. Source concepts: us-gaap:NetCashProvidedByUsedInOperatingActivities.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: PaymentsToAcquirePropertyPlantAndEquipment. Source concepts: us-gaap:PaymentsToAcquirePropertyPlantAndEquipment.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: PaymentsOfDividendsCommonStock. Source concepts: us-gaap:PaymentsOfDividendsCommonStock.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: PaymentsForRepurchaseOfCommonStock. Source concepts: us-gaap:PaymentsForRepurchaseOfCommonStock.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: Assets. Source concepts: us-gaap:Assets.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: Liabilities. Source concepts: us-gaap:Liabilities.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: StockholdersEquity. Source concepts: us-gaap:StockholdersEquity.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: CashAndCashEquivalentsAtCarryingValue. Source concepts: us-gaap:CashAndCashEquivalentsAtCarryingValue.
Figure provenance: SEC companyfacts. Latest point: FY 2025 ended 2025-12-31; accession 0001379041-26-000011; filed 2026-02-26. Concept: NetCashProvidedByUsedInOperatingActivities - PaymentsToAcquirePropertyPlantAndEquipment. Source concepts: us-gaap:NetCashProvidedByUsedInOperatingActivities; us-gaap:PaymentsToAcquirePropertyPlantAndEquipment.
Quarterly
Quarterly standardized facts from SEC companyfacts as of latest extracted filing date 2026-05-01. Source: https://data.sec.gov/api/xbrl/companyfacts/CIK0001379041.json.
| Quarter | End Date | Revenue | Net Income | Diluted EPS | Method |
|---|---|---|---|---|---|
| 2022-Q1 | 2022-03-31 | -0.08 | reported discrete quarter | ||
| 2022-Q2 | 2022-06-30 | -0.56 | reported discrete quarter | ||
| 2022-Q3 | 2022-09-30 | 0.70 | reported discrete quarter | ||
| 2023-Q1 | 2023-03-31 | 206,500,000 | 23,600,000 | 0.86 | reported discrete quarter |
| 2023-Q2 | 2023-06-30 | 215,200,000 | 34,900,000 | 1.30 | reported discrete quarter |
| 2023-Q3 | 2023-09-30 | 203,500,000 | 14,000,000 | 0.54 | reported discrete quarter |
| 2023-Q4 | 2023-12-31 | 225,700,000 | 45,600,000 | derived Q4 = FY annual - nine-month YTD | |
| 2024-Q1 | 2024-06-30 | 217,000,000 | 31,700,000 | 1.25 | reported discrete quarter |
| 2024-Q3 | 2024-09-30 | 224,000,000 | 30,300,000 | 1.21 | reported discrete quarter |
| 2024-Q4 | 2024-12-31 | 216,600,000 | 28,300,000 | derived Q4 = FY annual - nine-month YTD | |
| 2025-Q1 | 2025-03-31 | 202,600,000 | 12,800,000 | 0.52 | reported discrete quarter |
| 2025-Q2 | 2025-06-30 | 246,300,000 | 29,700,000 | 1.23 | reported discrete quarter |
| 2025-Q3 | 2025-09-30 | 239,300,000 | -8,300,000 | -0.36 | reported discrete quarter |
| 2025-Q4 | 2025-12-31 | 170,500,000 | -23,400,000 | derived Q4 = FY annual - nine-month YTD | |
| 2026-Q1 | 2026-03-31 | 207,600,000 | 10,200,000 | 0.52 | reported discrete quarter |
Quarterly Charts
Figure provenance: SEC companyfacts. Latest point: FY 2026 ended 2026-03-31; accession 0001379041-26-000023; filed 2026-05-01. Concept: Revenues. Source concepts: us-gaap:Revenues.
Figure provenance: SEC companyfacts. Latest point: FY 2026 ended 2026-03-31; accession 0001379041-26-000023; filed 2026-05-01. Concept: NetIncomeLoss. Source concepts: us-gaap:NetIncomeLoss.
Figure provenance: SEC companyfacts. Latest point: FY 2026 ended 2026-03-31; accession 0001379041-26-000023; filed 2026-05-01. Concept: EarningsPerShareDiluted. Source concepts: us-gaap:EarningsPerShareDiluted.
Macro Cross-References
- CPIAUCSL - Consumer Price Index for All Urban Consumers: All Items in U.S. City Average
- UNRATE - Unemployment Rate
- FEDFUNDS - Federal Funds Effective Rate
- CES0500000003 - Average Hourly Earnings of All Employees, Total Private
- DFEDTARU - Federal Funds Target Range - Upper Limit
- DFEDTARL - Federal Funds Target Range - Lower Limit
- DGS3MO - Market Yield on U.S. Treasury Securities at 3-Month Constant Maturity
- DGS2 - Market Yield on U.S. Treasury Securities at 2-Year Constant Maturity
- DGS10 - Market Yield on U.S. Treasury Securities at 10-Year Constant Maturity
- DGS30 - Market Yield on U.S. Treasury Securities at 30-Year Constant Maturity
- T10Y2Y - 10-Year Treasury Constant Maturity Minus 2-Year Treasury Constant Maturity
- CPILFESL - Consumer Price Index for All Urban Consumers: All Items Less Food and Energy
- CPIUFDSL - Consumer Price Index for All Urban Consumers: Food
- CPIENGSL - Consumer Price Index for All Urban Consumers: Energy
- CUSR0000SAH1 - Consumer Price Index for All Urban Consumers: Shelter
- PCEPI - Personal Consumption Expenditures: Chain-type Price Index
- PCEPILFE - Personal Consumption Expenditures Excluding Food and Energy: Chain-type Price Index
- PPIACO - Producer Price Index by Commodity: All Commodities
- T10YIE - 10-Year Breakeven Inflation Rate
- U6RATE - Total Unemployed, Plus All Marginally Attached Workers Plus Total Employed Part Time for Economic Reasons
- PAYEMS - All Employees, Total Nonfarm
- CIVPART - Labor Force Participation Rate
- EMRATIO - Employment-Population Ratio
- UNEMPLOY - Unemployed
- CE16OV - Employment Level
- ICSA - Initial Claims
- JTSJOL - Job Openings: Total Nonfarm
- JTSQUR - Quits: Total Nonfarm
- GDPC1 - Real Gross Domestic Product
- A191RL1Q225SBEA - Real Gross Domestic Product: Percent Change from Preceding Period
- INDPRO - Industrial Production: Total Index
- TCU - Capacity Utilization: Total Index
- HOUST - New Privately-Owned Housing Units Started: Total Units
- PERMIT - New Privately-Owned Housing Units Authorized in Permit-Issuing Places: Total Units
- RSAFS - Advance Retail Sales: Retail Trade
- PCE - Personal Consumption Expenditures
- DSPIC96 - Real Disposable Personal Income
- PSAVERT - Personal Saving Rate
- M2SL - M2
- BOPGSTB - U.S. International Trade in Goods and Services: Balance
- MSPUS - Median Sales Price of Houses Sold for the United States
- HSN1F - New One Family Houses Sold: United States
- RHORUSQ156N - Homeownership Rate in the United States
- TTLCONS - Total Construction Spending: Total Construction in the United States
- RRVRUSQ156N - Rental Vacancy Rate in the United States
- TOTALSL - Total Consumer Credit Owned and Securitized
- REVOLSL - Revolving Consumer Credit Owned and Securitized
- DRCCLACBS - Delinquency Rate on Credit Card Loans, All Commercial Banks
- GDP - Gross Domestic Product
- GPDI - Gross Private Domestic Investment
- GCE - Government Consumption Expenditures and Gross Investment
- PCEC - Personal Consumption Expenditures
- NETEXP - Net Exports of Goods and Services
- GFDEBTN - Federal Debt: Total Public Debt
- GFDEGDQ188S - Federal Debt: Total Public Debt as Percent of Gross Domestic Product
- FYFSD - Federal Surplus or Deficit
- FGRECPT - Federal Government Current Receipts
- FGEXPND - Federal Government: Current Expenditures
- MANEMP - All Employees, Manufacturing
- USCONS - All Employees, Construction
- USTRADE - All Employees, Retail Trade
- USFIRE - All Employees, Financial Activities
- USGOVT - All Employees, Government
- AWHAETP - Average Weekly Hours of All Employees, Total Private
- DGORDER - Manufacturers' New Orders: Durable Goods
- NEWORDER - Manufacturers' New Orders: Nondefense Capital Goods Excluding Aircraft
- BUSINV - Total Business Inventories
- EXPGS - Exports of Goods and Services
- IMPGS - Imports of Goods and Services
- IR - Import Price Index (End Use): All Commodities
- PPIFIS - Producer Price Index by Commodity: Final Demand
Latest quarter (10-Q)
Latest 10-Q source: 0001379041-26-000023.
Item 2. Management’s Discussion and Analysis of Consolidated Financial Condition and Results of Operations
You should read the following discussion and analysis in conjunction with our consolidated financial statements and the related notes thereto included in Item 1 of Part I. Unless otherwise indicated, all references to "we," "us," "our," "the Company," or similar terms refer to EHI, together with its subsidiaries. In this Quarterly Report on Form 10-Q, the Company and its management discuss and make statements based on currently available information regarding their intentions, beliefs, current expectations, and projections of, among other things, the Company's future performance, economic or market conditions, including current or future levels of inflation, potential implications of increased tariffs, changes in interest rates, labor market expectations, catastrophic events or geo-political conditions, legislative or regulatory actions or court decisions, business growth, retention rates, loss costs, claim trends and the impact of key business initiatives, future technologies and planned investments. Certain of these statements may constitute "forward-looking" statements as that term is defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and are often identified by words such as "may," "will," "could," "would," "should," "expect," "plan," "anticipate," "target," "project," "intend," "believe," "estimate," "predict," "potential," "pro forma," "seek," "likely," or "continue," or other comparable terminology and their negatives. The Company and its management caution investors that such forward-looking statements are not guarantees of future performance. Risks and uncertainties are inherent in the Company’s future performance. Factors that could cause the Company's actual results to differ materially from those indicated by such forward-looking statements include, among other things, those discussed or identified from time to time in the Company’s public filings with the SEC, including the risks detailed in the Company's Annual Reports on Form 10-K and in the Company's subsequent Quarterly Reports on Form 10-Q. Except as required by applicable securities laws, the Company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise.
25
General
We are a Nevada holding company with insurance subsidiaries that are specialty providers of workers’ compensation insurance and related services. Workers’ compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees’ medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses.
We provide workers’ compensation insurance throughout most of the United States, with a concentration in California, where 46% of our trailing twelve month gross written premiums, excluding adjustments, are generated. In February 2026, we launched a new excess workers’ compensation product that will be offered to self-insured enterprises in several jurisdictions across the United States. Our revenues primarily consist of net premiums earned, net investment income, and net realized and unrealized gains and losses on investments.
The insurance industry is highly competitive based on price and quality of services. We compete with other specialty workers’ compensation carriers, state agencies, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
For guaranteed cost workers’ compensation, we believe we can price our policies at levels that are competitive and profitable over the long term given our expertise in underwriting and claims handling and our decades of data and experience. We target small to mid-sized businesses, as we believe this market is traditionally characterized by higher profitability and longer retention. Our distribution strategy consists of establishing and maintaining strong, long-term relationships with traditional and specialty insurance agencies, developing alternative distribution channels, and offering direct-to-consumer workers’ compensation through our website.
For excess workers’ compensation, our approach is to deliver a flexible, data-driven solution that goes beyond traditional excess coverage by incorporating value-added services. We believe these services including improved organizational performance and reduced long-term loss costs will serve as a key competitive advantage in the self-insured market, differentiating us from carriers that offer coverage alone.
We believe we have a cost-effective and scalable information technology infrastructure that complements our geographic reach and business model. We continue to invest in technology to automate business processes and further develop our data analytics and artificial intelligence capabilities, which we believe will enable us to reduce our operating costs over the long-term and support our future needs. We believe our technology is a strategic advantage that saves our distribution partners and policyholders considerable time and maintains our competitiveness in our target markets.
We continue to execute ongoing business initiatives focused on achieving process excellence and efficiency, as well as delivering self-service options to policyholders, agents, and injured workers. We are also actively pursuing strategies to diversify our risk exposure across geographies and economic sectors, expand our risk appetite, and broaden our product offerings.
Overview
Summary Financial Results
Our net income was $10.2 million for the three months ended March 31, 2026, compared to $12.8 million for the corresponding period of 2025. The key factors that affected our financial performance during the three months ended March 31, 2026, compared to the same period of 2025, included:
•Gross premiums written decreased 14.8%;
•Net premiums earned decreased 1.1%;
•Net investment income decreased 11.8%;
•Net realized and unrealized losses on investments of $1.7 million compared to $12.8 million;
•Losses and LAE increased 7.0%;
•Commission expense increased 3.0%;
•Underwriting expenses decreased 4.7%; and
•Underwriting loss of $12.8 million compared to $3.6 million.
Three Months Ended March 31, 2026
Our 2026 underwriting results reflect lower net premiums earned and higher losses and LAE expenses, combined with a slight increase in commission expense, partially offset by a reduction in underwriting expenses. Our investment results were impacted by lower returns from our investments in private equity limited partnerships and net realized and unrealized losses on investments.
26
Three Months Ended March 31, 2025
Our 2025 underwriting results reflect lower net premiums earned and higher losses and LAE expenses offset by reductions in commission and underwriting expenses. Our investment results benefited from strong net investment income partially offset by net realized and unrealized losses.
Our consolidated financial results of operations for the three months ended March 31, 2026 and 2025 are as follows:
| Three Months Ended | |||||||
|---|---|---|---|---|---|---|---|
| March 31, | |||||||
| 2026 | 2025 | ||||||
| (in millions) | |||||||
| Gross premiums written | $ | 180.8 | $ | 212.1 | |||
| Net premiums written | $ | 179.4 | $ | 210.3 | |||
| Net premiums earned | $ | 180.9 | $ | 183.0 | |||
| Net investment income | 28.3 | 32.1 | |||||
| Net realized and unrealized losses on investments | (1.7) | (12.8) | |||||
| Other income | 0.1 | 0.3 | |||||
| Total revenues | 207.6 | 202.6 | |||||
| Underwriting expenses: | |||||||
| Losses and LAE | 129.1 | 120.7 | |||||
| Commission expense | 23.7 | 23.0 | |||||
| Underwriting expenses | 40.9 | 42.9 | |||||
| Non-underwriting expenses: | |||||||
| Interest and financing expenses | 1.1 | 0.1 | |||||
| Total expenses | 194.8 | 186.7 | |||||
| Net income before income taxes | 12.8 | 15.9 | |||||
| Income tax expense | 2.6 | 3.1 | |||||
| Net income | $ | 10.2 | $ | 12.8 |
27
I.Review of Underwriting Results
Underwriting income or loss is determined by deducting losses and LAE, commission expense, and underwriting expenses from net premiums earned. Our underwriting results for the three months ended March 31, 2026 and 2025 are as follows:
| Three Months Ended | |||||||
|---|---|---|---|---|---|---|---|
| March 31, | |||||||
| 2026 | 2025 | ||||||
| (in millions) | |||||||
| Gross premiums written | $ | 180.8 | $ | 212.1 | |||
| Net premiums written | $ | 179.4 | $ | 210.3 | |||
| Net premiums earned | $ | 180.9 | $ | 183.0 | |||
| Losses and LAE | 129.1 | 120.7 | |||||
| Commission expense | 23.7 | 23.0 | |||||
| Underwriting expenses | 40.9 | 42.9 | |||||
| Total underwriting expenses | 193.7 | 186.6 | |||||
| Underwriting loss | $ | (12.8) | $ | (3.6) | |||
| Total impact of the LPT | (1.2) | (1.6) | |||||
| Underwriting loss excluding LPT(1) | $ | (14.0) | $ | (5.2) | |||
| Loss and LAE ratio | 71.4 | % | 66.0 | % | |||
| Commission expense ratio | 13.1 | 12.6 | |||||
| Underwriting expense ratio | 22.6 | 23.4 | |||||
| Combined ratio | 107.1 | % | 102.0 | % | |||
| Total impact of the LPT | 0.6 | % | 0.8 | % | |||
| Combined ratio excluding LPT(1) | 107.7 | % | 102.8 | % |
(1) The LPT Agreement is a non-recurring transaction that no longer provides us with any ongoing cash benefits. We provide our underwriting income and combined ratios excluding the effects of the LPT because we believe that these measures are useful in providing investors, analysts and other interested parties a meaningful understanding of our ongoing underwriting performance and provides them with a consistent basis for comparison with other companies in our industry. In addition, we believe that these non-GAAP measures, as presented, are helpful to our management in identifying trends in our performance because the LPT has limited significance to our current and ongoing operations.
Gross Premiums Written
Gross premiums written were $180.8 million for the three months ended March 31, 2026, compared to $212.1 million for the corresponding period of 2025. For the three months ended March 31, 2026, the decrease in gross premiums written was largely driven by declines in both new and renewal business premiums driven predominately by our pricing and underwriting actions taken in 2025 to return to historical underwriting margins. Total in-force policies at March 31, 2026 were 130,321 compared to 133,121 in-force policies at March 31, 2025.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded. For each of the periods presented, the reinsurance premiums ceded related to our annual reinsurance program as further described herein.
Net premiums written were $179.4 million for the three months ended March 31, 2026, compared to $210.3 million for the corresponding period of 2025. Reinsurance premiums ceded were $1.4 million for the three months ended March 31, 2026, compared to $1.8 million for the corresponding period of 2025.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net premiums earned were $180.9 million for the three months ended March 31, 2026, compared to $183.0 million for the corresponding period of 2025.
28
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents our calendar year combined ratios.
[[GREPCENT_TABLE]]
[["","Three Months Ended"],["","March 31,"],["","2026","","2025"],["Loss and LAE ratio excluding LPT","72.0","%","","66.8","%"],["Loss and LAE ratio -
[Excerpt truncated for page length; source filing is linked above.]
Latest 10-K MD&A
Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to several factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
General
We are a Nevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to small and mid-sized businesses engaged in lower hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughout most of the United States, with a concentration in California, where 46% of our 2025 gross written premiums were generated. Our revenues primarily consist of net premiums earned, net investment income, and net realized and unrealized gains and losses on investments.
The insurance industry is highly competitive, and there is significant competition in the national workers' compensation industry that is based on price and quality of services. We compete with other specialty workers' compensation carriers, state agencies, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
We target small to mid-sized businesses, as we believe that this market is traditionally characterized by higher profitability and stronger persistency when compared to the U.S. workers' compensation insurance industry in general. We believe we can price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small to mid-sized business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term revenue growth.
Overview
Summary Financial Results
Our net income was $10.8 million, $118.6 million, and $118.1 million in 2025, 2024, and 2023, respectively. The key factors that affected our financial performance during those years included:
•Gross premiums written decreased 2.6% in 2025 and increased 1.1% in 2024, each compared to the previous year;
•Net premiums earned increased 1.7% in 2025 and 3.8% in 2024, each compared to the previous year;
•Net investment income increased 9.1% in 2025 and 0.5% in 2024, each compared to the previous year;
•Net realized and unrealized (losses) gains on investments were $(20.4) million, $24.1 million, and $22.7 million in 2025, 2024, and 2023, respectively;
•Losses and LAE increased 27.5% in 2025 and 12.4% in 2024, each compared to the previous year;
•Commission expense decreased 3.3% in 2025 and increased 1.2% in 2024, each compared to the previous year;
•Underwriting expenses decreased 6.3% in 2025 and 1.9% in 2024, each compared to the previous year;
•Underwriting (loss) income was $(83.2) million, $15.6 million, and $36.2 million in 2025, 2024, and 2023, respectively; and
•Other non-recurring expenses were $1.1 million in 2025 and $11.0 million 2023. We did not incur any such expenses in 2024.
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Summary of Year Ended December 31, 2025
Our underwriting results for the year ended December 31, 2025 reflect moderate growth in net premiums earned, driven by growth in renewal business premiums, along with reductions in both commission expense and underwriting expenses. These improvements were offset by higher losses and LAE compared to 2024, as well as other non-recurring expenses incurred in 2025. Our 2025 net investment income benefited from increased yields on our fixed maturity investment portfolio and returns from our private equity investments.
Summary of Year Ended December 31, 2024
Our underwriting results for the year ended December 31, 2024 reflect increases in net premiums earned from higher new and renewal business premiums, and lower underwriting expenses, partially offset by lower final audit premiums and endorsements, a decrease in favorable prior year loss reserve development, and a higher current accident year loss and LAE ratio. Our investment results benefited from continued strong net investment income and net realized and unrealized gains.
Summary of Year Ended December 31, 2023
Our underwriting results for the year ended December 31, 2023 reflect increases in net premiums earned from higher new and renewal business premiums, strong final audit premiums, and significant net favorable prior year loss reserve development. Our investment results benefited from a sharp increase in net investment income due to higher bond yields and net realized and unrealized gains. Our non-underwriting expenses in 2023 included the cost of the early lease termination of our former corporate headquarters and a write-off of previously capitalized cloud computing costs associated with a former policy management system.
Our consolidated financial results of operations for the three year period ending December 31, 2025 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 756.1 | $ | 776.3 | $ | 767.7 | ||||
| Net premiums written | $ | 750.1 | $ | 769.5 | $ | 760.6 | ||||
| Net premiums earned | $ | 761.9 | $ | 749.5 | $ | 721.9 | ||||
| Net investment income | 116.7 | 107.0 | 106.5 | |||||||
| Net realized and unrealized (losses) gains on investments | (20.4) | 24.1 | 22.7 | |||||||
| Other income (loss) | 0.5 | 0.1 | (0.2) | |||||||
| Total revenues | 858.7 | 880.7 | 850.9 | |||||||
| Underwriting expenses: | ||||||||||
| Losses and LAE | 581.8 | 456.2 | 405.7 | |||||||
| Commission expense | 97.9 | 101.2 | 100.0 | |||||||
| Underwriting expenses | 165.4 | 176.5 | 180.0 | |||||||
| Non-underwriting expenses: | ||||||||||
| Interest and financing expenses | 0.5 | 0.1 | 5.8 | |||||||
| Other non-recurring expenses | 1.1 | — | 11.0 | |||||||
| Total expenses | 846.7 | 734.0 | 702.5 | |||||||
| Net income before income taxes | 12.0 | 146.7 | 148.4 | |||||||
| Income tax expense | 1.2 | 28.1 | 30.3 | |||||||
| Net income | $ | 10.8 | $ | 118.6 | $ | 118.1 |
A primary measure of our financial strength and performance is our ability to increase Adjusted stockholders' equity and Adjusted stockholders' equity per share over the long-term. We believe that these non-GAAP measures are important to our investors, analysts, and other interested parties who benefit from having an objective and consistent basis for comparison with other companies within our industry. Further, the change in our adjusted stockholders' equity per share (after taking into account stockholder dividends declared) serves as the performance measure associated with our 2025, 2024, and 2023 performance share unit awards. The following table shows a reconciliation of our Stockholders' equity on a GAAP basis to our Adjusted stockholders' equity.
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| Years Ended December 31, | ||||||
|---|---|---|---|---|---|---|
| 2025 | 2024 | |||||
| (in millions, except share and per share data) | ||||||
| GAAP stockholders' equity | $ | 955.7 | $ | 1,068.7 | ||
| Deferred Gain - LPT agreement | 88.0 | 94.0 | ||||
| Accumulated other comprehensive (income) loss, net of tax | (7.3) | 82.5 | ||||
| Adjusted stockholders' equity(1) | $ | 1,036.4 | $ | 1,245.2 | ||
| Ending common shares outstanding | 20,342,135 | 24,556,706 | ||||
| Adjusted stockholders' equity per share | $ | 50.95 | $ | 50.71 |
(1) Adjusted stockholders' equity is a non-GAAP measure consisting of total GAAP stockholders' equity plus the Deferred Gain, minus Accumulated other comprehensive income (loss), net of tax.
During 2025, our Adjusted stockholders’ equity declined by $(208.8) million, primarily due to returning $217.2 million to stockholders through share repurchases and dividends declared on common stock and eligible plan awards, while our Adjusted stockholders' equity per share increased by $0.24 per share due to the accretive nature of the share repurchases. During 2024, we grew our Adjusted stockholders’ equity by $46.1 million (or $3.45 per share), despite returning $71.7 million to stockholders through share repurchases and dividends declared on common stock and eligible plan awards.
I.Review of Underwriting Results
Underwriting income or loss is determined by deducting losses and LAE, commission expenses, and underwriting expenses from net premiums earned. Our underwriting results for the three year period ending December 31, 2025 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 756.1 | $ | 776.3 | $ | 767.7 | ||||
| Net premiums written | $ | 750.1 | $ | 769.5 | $ | 760.6 | ||||
| Net premiums earned | $ | 761.9 | $ | 749.5 | $ | 721.9 | ||||
| Losses and LAE | 581.8 | 456.2 | 405.7 | |||||||
| Commission expense | 97.9 | 101.2 | 100.0 | |||||||
| Underwriting expenses | 165.4 | 176.5 | 180.0 | |||||||
| Total underwriting expenses | 845.1 | 733.9 | 685.7 | |||||||
| Underwriting (loss) income | $ | (83.2) | $ | 15.6 | $ | 36.2 | ||||
| Total impact of the LPT | (6.0) | (5.6) | (7.2) | |||||||
| Underwriting (loss) income excluding LPT(1) | $ | (89.2) | $ | 10.0 | $ | 29.0 | ||||
| Loss and LAE ratio | 76.4 | % | 60.9 | % | 56.2 | % | ||||
| Commission expense ratio | 12.8 | 13.5 | 13.9 | |||||||
| Underwriting expense ratio | 21.7 | 23.5 | 24.9 | |||||||
| Combined ratio | 110.9 | % | 97.9 | % | 95.0 | % | ||||
| Total impact of the LPT | 0.8 | % | 0.7 | % | 1.0 | % | ||||
| Combined ratio excluding LPT(1) | 111.7 | % | 98.6 | % | 96.0 | % |
(1) The LPT Agreement is a non-recurring transaction that no longer provides us with any ongoing cash benefits. We provide our underwriting income and combined ratios excluding the effects of the LPT because we believe that these measures are useful in providing investors, analysts and other interested parties a meaningful understanding of our ongoing underwriting performance and provides them with a consistent basis for comparison with other companies in our industry. In addition, we believe that these non-GAAP measures, as presented, are helpful to our management in identifying trends in our performance because the LPT has limited significance to our current and ongoing operations.
Gross Premiums Written
Gross premiums written were $756.1 million, $776.3 million, and $767.7 million for the years ended December 31, 2025, 2024, and 2023, respectively. The modest reduction in our premiums written in 2025 was the result of higher renewal business
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premiums, primarily driven by continued strong retention rates, offset by decreases in new business premiums, driven predominately by our pricing and underwriting actions taken to improve underwriting margins, and lower final audit premiums and endorsements. Our premiums written in 2025 were negatively impacted by a $14.7 million decrease to our ending final audit premium accrual, partially offset by $6.7 million of final audit premium pick-up. Lastly, we ended the year with higher policies in-force. Total in-force policies at December 31, 2025 were 133,605 compared to 130,767 in-force policies at December 31, 2024.
The modest growth in our premiums written in 2024 was the result of higher new and renewal business premiums, partially offset by lower final audit premiums and endorsements. The growth in new business premiums experienced in 2024 was the result of increases in new business submissions, quotes, and binds in a majority of the states in which we operate, which was being largely driven by our expansion in the classes of business that we offer. Our premiums written in 2024 were negatively impacted by a $16.5 million decrease to our ending final audit premium accrual, partially offset by $10.7 million of final audit premium pick-up. Further, our renewal premiums benefited from strong retention rates experienced throughout the year.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded. For each of the years presented, the reinsurance premiums ceded are related to our July 1 - June 30 annual reinsurance programs as further described herein.
Net premiums written were $750.1 million, $769.5 million, and $760.6 million for the years ended December 31, 2025, 2024, and 2023, respectively, which included $6.0 million, $6.8 million, and $7.1 million of reinsurance premiums ceded, respectively.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net premiums earned were $761.9 million, $749.5 million, and $721.9 million for the years ended December 31, 2025, 2024, and 2023, respectively.
Losses and LAE, Commission Expense, and Underwriting Expenses
The following table presents our calendar year combined ratios.
| Years Ended December 31, | ||||||||
|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||
| Loss and LAE ratio excluding LPT | 77.2 | % | 61.6 | % | 57.2 | % | ||
| Loss and LAE ratio - LPT | (0.8) | % | (0.7) | % | (1.0) | % | ||
| Commission expense ratio | 12.8 | 13.5 | 13.9 | |||||
| Underwriting expense ratio | 21.7 | 23.5 | 24.9 | |||||
| Combined ratio | 110.9 | % | 97.9 | % | 95.0 | % | ||
| Combined ratio excluding LPT | 111.7 | % | 98.6 | % | 96.0 | % |
Losses and LAE
Losses and LAE represent our largest expense item and includes claim payments made, estimates for future claim payments and changes in those estimates for current and prior accident years, costs associated with investigating, defending, and adjusting claims, amortization of the Deferred Gain and Contingent Commission adjustments. The accuracy of our financial reporting depends in large part on determining our losses and LAE reserves, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques. We believe that our loss estimates are adequate; however, given the long-tail nature of workers' compensation claims, ultimate losses aren't typically known with any certainty for many years. Additional information regarding our reserves for losses and LAE is set forth under "–Critical Accounting Estimates –Reserves for Losses and LAE."
We analyze our loss and LAE ratios on both a calendar year and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio reflects changes made during the calendar year in reserves for losses and LAE established for insured events occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods.
The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as estimated ultimate losses for insured events occurring during that year fluctuate.
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Our current accident year loss and LAE ratio continues to reflect the impact of key business initiatives, including: an emphasis on accelerated settlements of open claims; further diversifying risk exposure across geographic markets, when appropriate; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across all of our markets.
Our calendar year loss and LAE ratio is analyzed to measure profitability in a particular year and to evaluate the adequacy of premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or adverse) of reserves established in prior periods. In contrast, our accident year loss and LAE ratios are analyzed to evaluate underwriting performance and the adequacy of the premium rates charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
The table below reflects current and prior accident year loss and LAE reserve adjustments, the impact of the LPT, and the resulting impact to our loss ratio.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| (dollars in millions) | ||||||||||
| Current accident year losses and LAE - excluding LPT | $ | 548.2 | $ | 480.2 | $ | 457.8 | ||||
| Prior accident year adverse (favorable) loss reserve development, net | 39.6 | (18.4) | (44.9) | |||||||
| Impact of LPT | (6.0) | (5.6) | (7.2) | |||||||
| Calendar year losses and LAE | $ | 581.8 | $ | 456.2 | $ | 405.7 | ||||
| Current accident year loss and LAE ratio | 72.0 | % | 64.1 | % | 63.4 | % | ||||
| Calendar year loss and LAE ratio | 76.4 | % | 60.9 | % | 56.2 | % | ||||
| Calendar year loss and LAE ratio - excluding LPT | 77.2 | % | 61.6 | % | 57.2 | % |
The increase in our calendar year losses and LAE from 2024 to 2025 was primarily due to a higher current accident year loss and LAE estimate and reserve strengthening related to prior accident years. During the year ended December 31, 2025, we increased the current accident year loss and LAE ratio to 72.0%, an approximate eight point increase from the 2024 loss and LAE ratio of 64.1%. The increase was attributable to increased cumulative trauma (CT) claim frequency in California.
Prior accident year adverse loss reserve development recognized in 2025 was $39.6 million, compared to net favorable prior year loss reserve development of $18.4 million in 2024. This resulted from reserve strengthening primarily related to accident years 2023 and 2024 being partially offset by net favorable development of loss and LAE estimates for accident years 2021 and prior. The increase in loss and LAE estimates for accident years 2023 and 2024 was due to the increased CT claim frequency in California and conservative modifications in our reserving approach across our complete book of business.
The increase in our calendar year losses and LAE from 2023 to 2024 was primarily due to higher earned premiums, a slightly higher current accident year loss and LAE estimate and less net favorable prior year loss reserve development. Net favorable prior year loss reserve development recognized in 2024 was $18.4 million versus $44.9 million recognized in 2023.
Prior accident year favorable loss reserve development recognized in 2024 resulted primarily from overall favorable loss experience, including decreasing medical paid loss trends in California, partially offset by unfavorable prior year loss experience in accident years 2023 and 2021 associated with certain large claims.
Prior accident year favorable loss reserve development recognized in 2023 was primarily the result of decreasing medical paid loss trends in California related to accident years 2020 and prior, partially offset by reserve strengthening related to accident year 2021. The rapid economic rebound following the COVID-19 pandemic led to large premium and payroll increases related to accident year 2021 that were recognized through policy audits in subsequent years. In response, we strengthened our reserves for accident year 2021 to reflect the potential for higher losses arising from the higher than expected premium exposure.
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The table below reflects the impact of the LPT on Losses and LAE, which are recorded as a reduction to Losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss).
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| (in millions) | ||||||||||
| Amortization of the Deferred Gain - losses | $ | 6.0 | $ | 6.1 | $ | 6.3 | ||||
| Amortization of the Deferred Gain - Contingent Commission | — | 0.8 | 1.5 | |||||||
| Impact of LPT Reserve adjustments(1) | — | (1.7) | (0.9) | |||||||
| Contingent Commission adjustments(2) | — | 0.4 | 0.3 | |||||||
| Total impact of the LPT | $ | 6.0 | $ | 5.6 | $ | 7.2 |
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss), such that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
(2)LPT Contingent Commission adjustments resulted in an adjustment to the Contingent commission receivable - LPT Agreement, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss). See Note 2 in the Notes to our Consolidated Financial Statements.
Commission Expense
Commission expense includes direct commissions to our agents and brokers, including our partnerships and alliances, for the premiums that they produce for us, as well as agency incentive payments, other marketing costs, and fees.
We refined the presentation of certain expenses associated with our involuntary premium during the year ended December 31, 2024. This revision, which was immaterial, reduced our 2024 commission expenses and commission expense ratio by $2.4 million and 0.3 percentage points, respectively, and increased our 2024 underwriting expenses and underwriting expense ratio by the same amounts. This revision had no effect on our total expenses or net income.
Our commission expense ratio was 12.8%, 13.5%, and 13.9%, and our commission expenses were $97.9 million, $101.2 million, and $100.0 million for the years ended December 31, 2025, 2024, and 2023, respectively. The decrease in our commission expense from 2024 to 2025 was primarily related to lower agency incentive accruals, which are specific to individual contracts and vary with agency targets, lower gross premiums written, and a release of commissions payable associated with non-performing policies sent to collections. The increase in our commission expense from 2023 to 2024 was primarily due to higher earned premiums.
The reduction in our commission expense ratio from 2024 to 2025 was primarily related to an increase in the proportion of renewal premiums, which are subject to a lower commission rate, a release of commissions payable associated with non-performing policies sent to collections, and lower agency incentive accruals. The reduction in our commission expense ratio from 2023 to 2024 was primarily related to the expense revision we made in 2024 associated with our involuntary premium.
Underwriting Expenses
Underwriting expenses represent those costs required to run the business, including costs incurred to underwrite and maintain the insurance policies we issue, excluding commissions. Variable underwriting expenses, such as premium taxes, policyholder dividends, and other expenses that vary directly with the production of new or renewal business, are recognized as the associated written premiums are earned. Fixed underwriting expenses, such as the operating expenses of EHI and its subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
Our underwriting expense ratio was 21.7%, 23.5%, and 24.9%, and our underwriting expenses were $165.4 million, $176.5 million, and $180.0 million for the years ended December 31, 2025, 2024, and 2023, respectively.
During 2025, the decrease in our underwriting expenses was primarily the result of reductions in (i) compensation-related expenses of $10.2 million, of which $5.8 million related to incentives; (ii) net CECL provision on premiums receivable of $3.6 million; (iii) policyholder dividends of $2.7 million; and (iv) depreciation and amortization of $2.5 million. These decreases were partially offset by lower internal AO and other expense allocations of $9.0 million.
During 2024, the decrease in our underwriting expenses was primarily the result of reductions in (i) depreciation and amortization of $4.8 million; (ii) professional fees of $2.8 million; and (iii) advertising and marketing expenses of $2.2 million. The decreases in our fixed underwriting expenses were, in large part, the result of our Cerity integration plan that was undertaken in the fourth quarter of 2023, partially offset by the expense revision we made in 2024 associated with our
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involuntary premium. These decreases were partially offset by increases in our variable expenses related to net CECL provision on premiums receivable of $7.4 million and premium taxes and assessments of $1.6 million.
Review of Non-Underwriting Results
Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments
We invest in fixed maturity securities, equity securities, other invested assets, short-term investments, and cash equivalents. Net investment income includes interest and dividends earned on our invested assets and amortization of premiums and discounts on our fixed maturity securities, less bank service charges and custodial and portfolio management fees.
Net investment income was $116.7 million, $107.0 million, and $106.5 million for the years ended December 31, 2025, 2024, and 2023, respectively. The increase in net investment income in 2025 was primarily the result of returns from our investments in private equity limited partnerships, along with higher book yields on our fixed maturity securities. The consistent level of net investment income in 2024 was due to higher investment yields being partially offset by a lower average invested balance of fixed maturity securities, short-term investments, and cash and cash equivalents, as measured by amortized cost. The lower average invested balances in 2024 resulted primarily from the unwinding of our former Federal Home Loan Bank of San Francisco (FHLB) leveraged investment strategy, which was in effect from the first quarter of 2022 to the fourth quarter of 2023. Pursuant to that strategy, certain of our insurance subsidiaries had received aggregate advances under the FHLB Standard Credit Program, the proceeds from which were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. The average pre-tax ending book yield on our invested assets was 4.9%, 4.5%, and 4.3% at December 31, 2025, 2024, and 2023, respectively.
Realized and unrealized gains and losses on our investments are reported separately from our net investment income. Realized gains and losses on investments include the gain or loss on a security at the time of sale compared to its original or adjusted cost (equity securities) or amortized cost (fixed maturity securities). Realized losses are also recognized for adverse changes in our CECL allowance or when securities are written down because of an other-than-temporary impairment. Changes in the fair value of equity securities and other invested assets are also included in Net realized and unrealized (losses) gains on investments on our Consolidated Statements of Comprehensive Income (Loss).
Net realized and unrealized (losses) gains on investments were $(20.4) million, $24.1 million, and $22.7 million for the years ended December 31, 2025, 2024, and 2023, respectively.
Net realized and unrealized (losses) gains on investments in 2025 included $32.9 million of net realized and unrealized gains on equity securities, $(54.7) million of net realized losses on fixed maturity securities, and $1.4 million of unrealized gains on other invested assets. The net investment gains on our equity securities and the net investment losses on our fixed maturity securities were primarily the result of the fourth quarter 2025 investment rebalancing, partially offset by a decrease of $0.7 million in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Net realized and unrealized (losses) gains on investments in 2024 included $26.2 million of net realized and unrealized gains on equity securities, $(8.8) million of net realized losses on fixed maturity securities, and $6.7 million of unrealized gains on other invested assets. The net investments gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were primarily the result of sales associated with the rebalancing of our fixed maturity investment portfolio, partially offset by a decrease of $1.6 million in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Net realized and unrealized (losses) gains on investments in 2023 included $27.0 million of net realized and unrealized losses on equity securities, $(8.0) million of net realized losses on fixed maturity securities, and $3.7 million of unrealized gains on other invested assets. The net investment losses on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were largely concentrated in certain holdings in the financial and banking sectors and were partially offset by a decrease of $1.8 million in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Additional information regarding our Investments is set forth under "–Liquidity and Capital Resources–Investments" and Note 5 in the Notes to our Consolidated Financial Statements.
Other Income (Loss)
Other income (loss) consists of net gains and losses on fixed assets, non-investment interest, and other miscellaneous income and expense items. Other income (loss) was $0.5 million, $0.1 million, and $(0.2) million for the years ended December 31, 2025, 2024, and 2023, respectively.
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Interest and Financing Expenses
Interest and financing expenses include fees and interest associated with our credit facilities, fees and interest associated with our various credit arrangements with the FHLB, finance lease interest, and other financing fees.
Interest and financing expenses were $0.5 million, $0.1 million, and $5.8 million for the years ended December 31, 2025, 2024, and 2023, respectively.
The increase in interest and financing expenses in 2025, versus those of 2024, resulted primarily from fees and interest associated with our credit facility and our credit arrangement with the FHLB.
The decrease in interest and financing expenses in 2024, versus those of 2023, resulted primarily from the unwinding of our former FHLB leveraged investment strategy, which was in effect from the first quarter of 2022 to the fourth quarter of 2023.
Other Non-recurring Expenses
In 2025, we recorded charges of $1.3 million of employee severance costs in connection with a 2025 reorganization, which was undertaken to better align our resources with our business objectives. These charges were offset by other miscellaneous one-time items.
In 2023, we wrote-off $1.6 million of previously capitalized cloud computing costs associated with a policy management system as part of a continual evaluation of our ongoing technology initiatives. Additionally, we recorded a non-recurring charge in connection with the early termination of the lease associated with our former corporate headquarters in Reno, Nevada. This charge included a one-time lease termination payment of $7.6 million, a write-off related to remaining leasehold improvements and furniture and equipment of $2.6 million, and estimated miscellaneous expenses associated with exiting the property of $0.2 million. We also recognized a related lease termination gain pertaining to the elimination of the lease liability, net of an associated right-of-use asset (ROU asset) of $1.0 million, which was included in Other non-recurring expenses on our Consolidated Statements of Comprehensive Income (Loss). The decision to terminate the former Reno operating lease was undertaken as part of an ongoing review of our facility needs.
Income Tax Expense
Income tax expense was $1.2 million, $28.1 million, and $30.3 million for the years ended December 31, 2025, 2024, and 2023, respectively, representing effective tax rates of 10.1%, 19.2%, and 20.4% for the years ended December 31, 2025, 2024, and 2023, respectively.
On January 1, 2000, EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999 Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of the State of Nevada and therefore was not subject to federal income tax. Accordingly, any pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income.
Tax-advantaged investment income, pre-Privatization loss and LAE reserve adjustments, LPT adjustments, Deferred Gain amortization, certain other adjustments and tax credits utilized reduced our income tax expense computed at a statutory rate of 21% by $1.3 million, $2.7 million, and $0.9 million for the years ended December 31, 2025, 2024, and 2023, respectively.
Additionally, we recognize deferred tax assets when we determine that such assets are more-likely-than-not to be realized in future periods. In making such a determination, we consider all available evidence, including future reversals of existing taxable temporary differences, tax-planning strategies, projected future taxable income, projected future tax rates, and results of recent operations. If it is determined that it is not more-likely-than-not that we could fully realize our deferred tax assets in future periods, we would establish a deferred tax asset valuation allowance that would increase our provision for income taxes. As of December 31, 2025, we did not require a deferred tax asset valuation allowance.
For additional information regarding our income tax expense see Note 8 in the Notes to our Consolidated Financial Statements.
Liquidity and Capital Resources
We believe that our total capital position remains strong and that the liquidity available to EHI and its subsidiaries remains adequate and will be sufficient for our financing needs in the next 12 months and in the longer term period thereafter. As a result, we do not currently foresee a need to: (i) suspend dividends at either EHI or its insurance subsidiaries; (ii) forego repurchases of EHI's common stock; (iii) seek additional capital; or (iv) seek any material non-investment asset sales, though we may decide to pursue those or other options if our financial circumstances change or if we deem it strategically advantageous to do so.
EHI Liquidity
EHI is a holding company and its ability to fund its operations is contingent upon its existing capital and the ability of its subsidiaries to pay it dividends. Any payments of dividends by our insurance subsidiaries are restricted by state insurance laws
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and regulations, including laws establishing minimum solvency and liquidity thresholds. EHI requires cash to pay dividends to its stockholders, repurchase its common stock, provide additional surplus to its insurance subsidiaries, and fund its operating expenses.
Total cash and investments at the holding company were $8.9 million at December 31, 2025, consisting of $3.1 million of cash and cash equivalents, $5.3 million of fixed maturity securities and $0.5 million of equity securities.
Credit Agreement
On May 28, 2024, EHI entered into a Credit Agreement (the Credit Agreement) with Wells Fargo Bank National Association, as both administrative agent and issuing lender. The Credit Agreement provides for a $25.0 million, unsecured, three-year revolving credit facility and is guaranteed by certain of EHI's wholly owned subsidiaries, Employers Group, Inc. (EGI) and Cerity Group, Inc. (CGI). Borrowings under the Credit Agreement may be used for working capital and general corporate purposes of EHI and its subsidiaries. Pursuant to the terms of the Credit Agreement, EHI has an option to request an increase of the credit available under the facility up to a maximum facility amount of $35.0 million, subject to the consent of the lender(s) and the satisfaction of certain conditions.
The interest rates applicable to loans under the Credit Agreement are generally based on either, at EHI's option: (i) a base rate, defined as the higher of the Prime Rate, the Federal Funds Rate plus 1.25% and the Adjusted Term Secured Overnight Financing Rate (SOFR) for a one-month tenor plus 1.75%, or (ii) an Adjusted Term SOFR Rate, defined as the applicable Adjusted Term SOFR Rate plus 1.75%. In addition, EHI is subject to a fee on the lender’s unused commitment, ranging from 0.30% to 0.55%. The applicable margin and the amount of such commitment fee vary based upon the financial strength rating of EHI’s insurance subsidiaries as most recently announced by AM Best or EHI’s debt to total capitalization ratio if such financial strength rating is not available. Total interest paid and/or fees incurred pursuant to the Credit Agreement was $0.2 million and $0.1 million for the years ended December 31, 2025 and 2024, respectively.
The Credit Agreement contains covenants that require EHI and its consolidated subsidiaries to maintain: (i) a minimum consolidated net worth, defined as EHI’s total stockholders’ equity excluding any accumulated other comprehensive income or loss, of no less than $800.0 million; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Credit Agreement. As of December 31, 2025, EHI has remained in compliance with all of the covenants associated with the Credit Agreement since its inception.
On January 21, 2026, AM Best reaffirmed its “A” (Excellent) financial strength ratings of EHI’s insurance subsidiaries, originally upgraded in January 2025. Following the January 2025 upgrade, our Credit Agreement terms improved as follows: (i) the applicable margin with respect to SOFR loans was reduced from 1.75% to 1.50%; (ii) the applicable margin with respect to base rate loans was reduced from 0.75% to 0.50%; and (iii) the annual commitment fee on the unused portion of the facility was reduced from 0.35% to 0.30%.
Former Credit Agreement
On December 15, 2020, EHI entered into a Credit Agreement (the former Credit Agreement) with a syndicate of financial institutions. The former Credit Agreement provided EHI with a $75.0 million three-year revolving credit facility and was guaranteed by EHI's wholly owned subsidiaries, EGI and CGI. Borrowings under the former Credit Agreement could be used for working capital and general corporate purposes.
The interest rates applicable to loans under the former Credit Agreement were generally based on, at EHI's option, a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Adjusted Term SOFR rate, plus a specified margin, ranging from 1.25% to 2.25%. In addition, EHI paid a fee on each lender's unused commitment, ranging from 0.20% to 0.50%. Interest paid and/or fees incurred pursuant to the former Credit Agreement was $0.5 million for the year ended December 31, 2023.
The former Credit Agreement contained covenants that required EHI and its consolidated subsidiaries to maintain: (i) a minimum consolidated net worth; and (ii) a debt to total capitalization ratio of no more than 35%. EHI was in compliance with all the covenants associated with the former Credit Agreement from its inception to its expiration on December 15, 2023.
Dividend and Distribution Ability
Our insurance subsidiaries' ability to pay dividends and distributions is based on their reported capital, surplus, and the amount of dividends paid to their immediate holding company within the prior twelve months. Throughout 2026, EICN, ECIC, EPIC and EAC can pay up to an aggregate of $72.4 million in ordinary dividends to EGI, and CIC can pay up to $5.4 million of ordinary dividends to CGI. Upon receipt of such dividends and upon approval by their respective Boards, EGI and CGI may then, in turn, dividend those amounts to EHI.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments and reinsurance recoveries. The primary uses of
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cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting expenses, ceded reinsurance, investment purchases and dividends paid to their parent.
Total cash and investments held by our operating subsidiaries was $2,489.9 million at December 31, 2025, consisting of $156.9 million of cash and cash equivalents, and restricted cash, $2,035.4 million of fixed maturity securities, $191.0 million of equity securities, $10.1 million of short-term investments, and $96.5 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as of December 31, 2025 consisted of $156.7 million of cash and cash equivalents, $183.5 million of publicly-traded equity securities whose proceeds are available within two business days, and $749.2 million of highly liquid fixed maturity securities whose proceeds are also available within two business days. We believe that our subsidiaries' liquidity needs over the next 12 months and for the longer term period thereafter will be met with cash from operations, investment income, and maturing investments.
Each of our insurance subsidiaries are members of the FHLB. Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on our statutory admitted assets on a per company basis.
On November 17, 2025, EICN obtained a $19.0 million advance from the FHLB at an interest rate of 3.84%, maturing on May 31, 2029. On December 19, 2025, EICN obtained an additional $16.0 million advance from the FHLB at an interest rate of 3.70%, maturing on December 21, 2026. On February 5, 2026, the terms of the $16.0 million advance were revised to an interest rate of 3.79%, maturing on May 31, 2029. These advances were assumed by EHI through an intercompany loan agreement and executed as part of our recently announced recapitalization plan. Interest incurred and paid on these advances during the year ended December 31, 2025 was $0.2 million.
During 2022, our insurance subsidiaries, with the exception of CIC, received aggregate advances of $182.5 million under the FHLB Standard Credit Program. These advances could be repaid at any time without penalty and were collateralized by eligible investment securities. In 2023, our insurance subsidiaries repaid all of its advances under the FHLB Standard Credit Program.
FHLB membership also allows our insurance subsidiaries access to standby Letter of Credit Agreements. Throughout 2022 and 2023, EAC, ECIC, and EPIC had $25.0 million, $35.0 million, and $10.0 million of Letter of Credit Agreements in effect, respectively. On October 9, 2024, EPIC amended its existing Letter of Credit Agreement to increase its capacity to $110.0 million. The Letter of Credit Agreements in effect will expire on March 31, 2026 and may only be used to satisfy, in whole or in part, insurance deposit requirements with the State of California and must be fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements).
We purchase reinsurance annually to protect us against the costs of severe claims and certain catastrophic events. On July 1, 2025, we entered into a new reinsurance program that is effective through June 30, 2026. The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage, which includes a 10% co-participation share within each layer of coverage retained by us. Our reinsurance coverage is $190.0 million ($171.0 million net of our co-participation) in excess of our $10.0 million retention on a per occurrence basis; including a maximum any one life limit of $20.0 million, subject to certain exclusions. We believe that our reinsurance program currently meets our needs.
Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by the National Association of Insurance Commissioners. The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action at December 31, 2025.
Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of $587.4 million and $630.9 million were on deposit at each of December 31, 2025 and 2024, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of $170.0 million of securities on deposit at both December 31, 2025 and 2024.
Certain reinsurance contracts require funds owned by us to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we have assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was $3.1 million and $3.0 million at December 31, 2025 and 2024, respectively.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as collectively as a consolidated group. We use trend and variance analyses to project future cash needs, making adjustments to our cash forecasts as appropriate.
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The table below shows our net cash flows. For additional information regarding our cash flows, see Item 8, Consolidated Statements of Cash Flows.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| Cash, cash equivalents, and restricted cash provided by (used in): | (in millions) | |||||||||
| Operating activities | $ | 44.7 | $ | 76.4 | $ | 49.4 | ||||
| Investing activities | 225.9 | (159.7) | 377.3 | |||||||
| Financing activities | (179.1) | (74.8) | (289.5) | |||||||
| Increase (decrease) in cash, cash equivalents, and restricted cash | $ | 91.5 | $ | (158.1) | $ | 137.2 |
Operating Activities
Net cash provided by operating activities in 2025 included net premiums received of $773.2 million and investment income received of $114.3 million. These operating cash inflows were partially offset by net claims payments of $563.5 million, underwriting expenses paid of $163.0 million, commissions paid of $103.1 million, interest and financing fees paid of $0.5 million, other non-recurring expenses paid of $1.1 million, and federal income taxes paid of $11.6 million.
Net cash provided by operating activities in 2024 included net premiums received of $769.9 million, investment income received of $106.6 million and cash received of $14.6 million for the final payment of the Contingent Commission. These operating cash inflows were partially offset by net claims payments of $522.0 million, underwriting expenses paid of $160.7 million, commissions paid of $100.9 million, interest and financing fees paid of $0.1 million, and federal income taxes paid of $31.0 million.
Net cash provided by operating activities in 2023 included net premiums received of $703.4 million and investment income received of $111.6 million. These operating cash inflows were partially offset by net claims payments of $471.6 million, underwriting expenses paid of $157.3 million, commissions paid of $92.7 million, interest and financing fees paid of $5.8 million, lease termination and related disposal payments of $7.8 million, and federal income taxes paid of $30.4 million.
Investing Activities
Net cash provided by investing activities in 2025 related primarily to returns from our investments, investment sales, maturities, and redemptions whose proceeds were used to fund claims payments, underwriting expenses, stockholder dividend payments, and common stock repurchases. The cash inflows used in these activities were largely offset by investments of premiums and the reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Net cash used in investing activities in 2024 related primarily to investments of premiums received, the receipt of the Contingent Commission, the reinvestment of funds from investment sales, maturities, redemptions, and interest income. The cash outflows used in these activities were largely offset by investment sales, maturities, and redemptions whose proceeds were used to fund claims payments, underwriting expenses, stockholder dividend payments, and common stock repurchases.
Net cash provided by investing activities in 2023 related primarily to investment sales, maturities, and redemptions whose proceeds were used to fund claims payment, underwriting expenses, stockholder dividend payments, common stock repurchases, and to repay FHLB advances. The cash inflows provided by these activities were largely offset by investments of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Financing Activities
Net cash used in financing activities in 2025 related primarily to stockholder dividend payments and common stock repurchases partially offset by advances received from the FHLB.
Net cash used in financing activities in 2024 related primarily to stockholder dividend payments and common stock repurchases.
Net cash used in financing activities in 2023 related primarily to stockholder dividend payments, common stock repurchases, and repayments of FHLB advances.
Dividends. We paid $29.9 million, $30.3 million, and $29.7 million in regular quarterly dividends to our stockholders and eligible equity plan award holders in 2025, 2024, and 2023, respectively. The declaration and payment of future dividends to our stockholders, including any special dividends, will be at the discretion of our Board and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors that our Board deems relevant. On February 18, 2026, the Board declared a $0.32 quarterly dividend per share, payable March 18, 2026, to stockholders of record on March 4, 2026.
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Repurchases of Common Stock. We repurchased $187.3 million, $41.7 million, and $77.1 million of our common stock in 2025, 2024, and 2023, respectively. On July 26, 2023, our Board authorized a new stock repurchase authorization for repurchases of up to $50.0 million of our common stock from July 31, 2023 through December 31, 2024 (the 2023 Program). On June 10, 2024, the Board authorized a $50.0 million addition to the 2023 Program, increasing our aggregate purchase authority to $100.0 million, and extended the repurchase authority pursuant to the 2023 Program through July 31, 2025. On April 30, 2025, the Board authorized the 2025 Program (the 2025 Program) for repurchases up to $125.0 million of our common stock from May 6, 2025 through December 31, 2026. The 2025 Program replaced the 2023 Program whose remaining repurchase authorization had been exhausted. On October 29, 2025, the Board authorized a $125.0 million addition to the 2025 Program, increasing the aggregate share repurchase authority to $250.0 million. Future repurchases of our common stock will be at the discretion of our Board and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and socioeconomic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board deems relevant. As of December 31, 2025, we had a remaining common stock repurchase authorization of $92.8 million. See Item 5, Issuer Purchases of Equity Securities.
Capital Resources
As of December 31, 2025, the capital resources available to us consisted of $955.7 million of stockholders' equity and the $88.0 million Deferred Gain.
Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years ended December 31, 2025, 2024, and 2023:
| December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2025 | 2024 | 2023 | ||||||||
| (in millions) | ||||||||||
| Beginning Balance | $ | 1,068.7 | $ | 1,013.9 | $ | 944.2 | ||||
| Stock-based obligations | 5.0 | 6.2 | 6.1 | |||||||
| Stock options exercised | — | — | 0.7 | |||||||
| Shares withheld to satisfy minimum tax withholdings for certain stock-based obligations | (1.4) | (1.8) | (1.6) | |||||||
| Acquisition of common stock | (187.3) | (41.7) | (77.1) | |||||||
| Dividends declared on common stock and eligible plan awards | (29.9) | (30.0) | (29.4) | |||||||
| Net income for the year | 10.8 | 118.6 | 118.1 | |||||||
| Change in net unrealized gains (losses) on investments, net of taxes | 89.8 | 3.5 | 52.9 | |||||||
| Ending Balance | $ | 955.7 | $ | 1,068.7 | $ | 1,013.9 |
Deferred Gain. The Deferred Gain, which totaled $88.0 million and $94.0 million as of December 31, 2025 and 2024, respectively, reflects the unamortized gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated Financial Statements.
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Contractual Obligations and Commitments
Other than operating expenses, our current and long-term cash requirements include the following contractual obligations and commitments as of December 31, 2025:
FHLB Advances
We obtained advances from the FHLB totaling $35.0 million, of which $16.0 million is payable within 12 months.
Leases
We have entered into lease arrangements for certain equipment and facilities. As of December 31, 2025, we had lease payment obligations totaling $4.5 million, of which $0.8 million is payable within 12 months.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As of December 31, 2025, we had other purchase obligations totaling $7.7 million, of which $3.4 million is payable within 12 months.
Unfunded Investment Commitments
As of December 31, 2025, we had private equity limited partnerships with unfunded investment commitments totaling $11.3 million that can be called at any time.
Unpaid Losses and LAE reserves
We have developed unpaid losses and LAE expense payment patterns that are computed based on historical information. Our calculation of loss and LAE expense payments by period is subject to the same uncertainties associated with determining the level of reserves and to the additional uncertainties arising from the difficulty of predicting when claims (including claims that have not yet been reported to us) will be paid. Actual payments of losses and LAE by period will vary, perhaps materially, to the extent that current estimates of losses and LAE expense vary from actual ultimate claims amounts due to variations between expected and actual payment patterns. As of December 31, 2025, we had unpaid losses and LAE reserves totaling $1,805.8 million, of which $321.0 million is estimated to be payable within 12 months. For a discussion of our reserving process, see ''–Critical Accounting Estimates–Reserves for Losses and LAE.''
The unpaid losses and LAE expense payment patterns are gross of reinsurance recoverables for unpaid losses. As of December 31, 2025, we had reinsurance recoverables on unpaid losses and LAE totaling $386.5 million, of which $27.9 million is currently expected to be received within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total returns; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income.
Our Investment Managers follow our written investment guidelines, which are approved by the AFI Committee. Our asset allocation is reevaluated by management and reviewed by the AFI Committee on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives.
As of December 31, 2025, our investment portfolio consisted of 87% fixed maturity securities which had a duration of 4.4, as measured by their sensitivity to changes in interest rates. Our fixed maturity investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be “A,” using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity portfolio had a weighted average quality of “A+” as of December 31, 2025.
Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of $184.0 million at December 31, 2025, which represented 8% of our investment portfolio at that time. We also have a $7.5 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period.
Our investment portfolio also contains certain other investments, which made up 4% of our investment portfolio at December 31, 2025, and include private equity limited partnerships. Our investments in private equity limited partnerships totaled $96.5 million at December 31, 2025 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 3 to 12 years, subject to two or three one-year
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extensions at the general partner's discretion. We periodically receive distributions of proceeds from dividends and interest from fund investments, as well as from any dispositions of fund investments, during the full course of the fund term. As of December 31, 2025, we had unfunded commitments to these private equity limited partnerships totaling $11.3 million.
We believe that our current asset allocation meets our strategy to preserve capital for claims and policy liabilities and to provide sufficient capital resources to support and grow our ongoing insurance operations.
The following table shows the estimated fair value, the percentage of the estimated fair value to total invested assets measured at fair value, and the average ending book yield (which is calculated based on the amortized cost of the associated invested assets) as of December 31, 2025.
| Category | Estimated Fair Value | Percentage of Total Investments Measured at Fair Value | Book Yield | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| (in millions, except percentages) | ||||||||||
| U.S. Treasuries | $ | 80.1 | 3.6 | % | 3.8 | % | ||||
| States and municipalities | 159.9 | 7.2 | 4.7 | |||||||
| Corporate securities | 655.3 | 29.3 | 4.7 | |||||||
| Residential mortgaged-backed securities | 802.9 | 35.8 | 5.1 | |||||||
| Commercial mortgaged-backed securities | 28.9 | 1.3 | 5.6 | |||||||
| Asset-backed securities | 163.1 | 7.3 | 5.7 | |||||||
| Collateralized loan obligations | 12.5 | 0.6 | 5.9 | |||||||
| Foreign government securities | 2.0 | 0.1 | 6.2 | |||||||
| Other securities | 136.0 | 6.1 | 6.4 | |||||||
| Equity securities | 184.0 | 8.2 | 2.3 | |||||||
| Short-term investments | 10.1 | 0.5 | 3.9 | |||||||
| Total investments at fair value | $ | 2,234.8 | 100.0 | % | ||||||
| Weighted average ending yield | 4.9 | % |
The following table shows the percentage of total estimated fair value of our fixed maturity securities as of December 31, 2025 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P.
| Rating | Percentage of Total Estimated Fair Value | ||
|---|---|---|---|
| “AAA” | 9.6 | % | |
| “AA” | 48.7 | ||
| “A” | 29.7 | ||
| “BBB” | 4.5 | ||
| Below Investment Grade | 7.5 | ||
| Total | 100.0 | % |
Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit-related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes. We also make a determination as to whether it is not more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity.
In addition to recognizing realized gains and losses upon the disposition of an investment security, we also record provisions and recoveries for changes in our CECL allowance on AFS investments as realized gains and losses. We maintained a CECL allowance of $0.4 million, $1.1 million, and $2.7 million on AFS investments as of December 31, 2025, 2024, and 2023, respectively. The decrease in our CECL allowance of $0.7 million in 2025 was due to the sale of securities that previously had an allowance and the stabilization in the financial markets, which decreased our CECL provision. The remaining fixed maturity securities whose total fair value was less than amortized cost at December 31, 2025, 2024, and 2023, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost.
For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains and losses on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
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Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both the use of estimates and judgment, relative to the application of appropriate accounting policies, which include the recognition of premium revenue, recoverability of deferred income taxes, and valuation of investments. Our accounting policies are described in Note 2 to our Consolidated Financial Statements, however, we believe that the following matters are particularly important to understand our financial statements because changes in these estimates or changes in the assumptions used to make them, could have a material impact on our results of operations, financial condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and a review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our loss and LAE reserves for each accident year and represents our best estimate of outstanding loss reserves.
The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve strengthening is adverse when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development and strengthening are reflected in our operating results through adjustments to incurred losses and LAE during the period in which they are recognized.
Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money.
The three main components of our loss reserves are case reserves, incurred but not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the ultimate cost of each claim (case reserves). These case reserves are continually monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (i) future payments on claims that are incurred but have not yet been reported to us; (ii) a reserve for the additional development on claims that have been reported to us; and (iii) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims.
LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other.
We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
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Our loss reserves (gross and net of reinsurance), including the main components of such reserves, were as follows:
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2025 | 2024 | |||||
| (in millions) | ||||||
| Case reserves | $ | 931.3 | $ | 938.1 | ||
| IBNR | 618.4 | 611.1 | ||||
| LAE reserves | 256.1 | 259.0 | ||||
| Gross unpaid losses and LAE reserves | 1,805.8 | 1,808.2 | ||||
| Less reinsurance recoverable on unpaid losses and LAE, excluding CECL allowance | 386.5 | 412.4 | ||||
| Net unpaid losses and LAE reserves | $ | 1,419.3 | $ | 1,395.8 |
We use actuarial methods to analyze and estimate the aggregate amount of loss reserves. Management considers the results of various actuarial methods and their underlying assumptions, among other factors, in establishing loss reserves.
Judgment is required in the actuarial estimation of loss reserves, including the selection of various actuarial methodologies to project the ultimate cost of claims. Specifically, judgment is required in the following areas: the selection of parameters utilized in the various methodologies; the use of industry data and other benchmarks; and the weighting of differing reserve indications resulting from alternative methods and assumptions. The adequacy of our ultimate loss reserves is inherently uncertain and represents a significant risk to our business. We attempt to mitigate this risk through our claims management processes and by monitoring and reacting to statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business.
We prepare reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims.
Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims.
We analyze LAE and estimated unpaid LAE separately. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms.
The ranges of estimates of loss reserves produced are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods.
Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current actuarial analyses, including a review of the assumptions and the results of the various actuarial methods used. Typically, we conduct comprehensive studies in the second and fourth quarters, and on the alternate quarters, update the results of the preceding quarter's studies for actual claim payment and case reserve activity. In 2025, we conducted a comprehensive study in the second, third, and fourth quarters.
The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE at December 31 for the last two years, we reviewed and considered the following: (i) our actuaries' assumptions, point estimates, and ranges; and (ii) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances.
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The table below provides the actuarial range of loss and LAE reserves, net of reinsurance, that management considered when selecting its best estimate and our carried reserves.
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2025 | 2024 | |||||
| (in millions) | ||||||
| Low end of actuarial range | $ | 1,294.5 | $ | 1,247.0 | ||
| Carried reserves | 1,419.3 | 1,395.8 | ||||
| High end of actuarial range | 1,538.6 | 1,597.2 |
As of December 31, 2025, California and Nevada loss reserves represented approximately 60% of our total net loss reserves on our Consolidated Balance Sheet.
In California, our recent loss experience has been impacted by an increase in CT claims frequency. Overall, on a wage-adjusted basis, both indemnity and medical severity have been relatively flat. Our indemnity claims frequency (the number of claims expressed as a percentage of on-leveled premium) has been generally decreasing for non-CT claims but is now showing increases due to the additional emergence of CT claim activity. We believe our claims practices, including our continued emphasis on accelerating claims settlements, as well as our various underwriting initiatives, have a positive impact on our results in California.
In Nevada, we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN. The emergence of claims payments in recent years has generally been consistent with expectations which has resulted in relatively minor changes in reserve estimates. Nevada statutorily prohibits entering into full and final settlement of claims, therefore, paid losses largely reflect stable and consistent periodic payments, particularly for indemnity benefits.
Over 50% of our claims payments during the three years ended December 31, 2025 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. However, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves at December 31, 2025, we estimate that future medical costs over the lifetime of current claims would increase by approximately $51.0 million on a net-of-reinsurance basis. Under the current elevated inflationary environment, additional inflationary considerations were included in determining the level and adequacy of our reserves, and particular consideration was given to medical and hospital inflation rates as these inflation rates have historically exceeded general inflation rates.
Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial range, the impact on our financial results would have been as follows:
| December 31, | ||||||
|---|---|---|---|---|---|---|
| 2025 | 2024 | |||||
| Increase (decrease) in reserves (1) | (in millions) | |||||
| At low end of range | $ | (124.8) | $ | (148.8) | ||
| At high end of range | 119.3 | 201.4 | ||||
| Increase (decrease) in stockholders' equity and net income | ||||||
| At low end of range | $ | 98.6 | $ | 117.6 | ||
| At high end of range | (94.2) | (159.1) |
(1) The range of actuarial indications captures the range of reasonable estimates and is asymmetrical (e.g., not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics than any one model or actuarial methodology can represent, and each methodology is an approximation of these complex forces and dynamics. None of the methods are designed or intended to produce an indication that is systematically higher or lower than the other methods. At any given evaluation date, some of the actuarial projection methods produce indications outside the actuary's selected range. Accordingly, we believe that the range of potential outcomes is considerably wider than the actuarially estimated range of the most likely outcomes. We have no basis for anticipating whether actual future payments of losses and LAE may be either greater than or less than the loss reserves currently on our Consolidated Balance Sheets.
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Additionally, any adjustment to the estimated ceded reserves under the LPT Agreement results in a cumulative adjustment to the Deferred Gain, which is also included in losses and LAE incurred in the Consolidated Statements of Comprehensive Income (Loss), so that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. The table below provides the actuarial range of estimated liabilities for gross loss reserves under the LPT Agreement and our carried reserves.
| As of December 31, | ||
|---|---|---|
| 2025 | ||
| (in millions) | ||
| Low end of actuarial range | $ | 253.9 |
| LPT carried reserves | 259.6 | |
| High end of actuarial range | 265.0 |
Reinsurance Recoverables
Reinsurance recoverables represent: (i) amounts currently due from reinsurers on paid losses and LAE; (ii) amounts recoverable from reinsurers on estimates of case reserves; and (iii) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts related to ceded paid losses have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the AM Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process.
Under the LPT Agreement, the Fund initially ceded $1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior to July 1, 1995 for consideration of $775.0 million in cash. The estimated unpaid losses and LAE ceded to the LPT Agreement was $259.6 million as of December 31, 2025. Losses and LAE paid with respect to the LPT Agreement totaled $913.1 million at December 31, 2025. We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a Deferred Gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income (Loss).
New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary of all recently issued and recently adopted accounting standards.
MD&A history
Prior-year 10-K MD&A spans are extracted from SEC filings with the same bounded parser used for the latest filing. The latest 10-K appears above; prior years are below.
FY 2024 10-K MD&A
SEC filing source: 0001379041-25-000049.
Item 7. Management's Discussion and Analysis of Consolidated Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to several factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
General
We are a Nevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to small and mid-sized businesses engaged in low-to-medium hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughout most of the United States, with a concentration in California, where 45% of our in-force premiums are generated. Our revenues primarily consist of net premiums earned, net investment income, and net realized and unrealized gains and (losses) on investments.
The insurance industry is highly competitive, and there is significant competition in the national workers' compensation industry that is based on price and quality of services. We compete with other specialty workers' compensation carriers, state agencies, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
We target small to mid-sized businesses, as we believe that this market is traditionally characterized by higher profitability and stronger persistency when compared to the U.S. workers' compensation insurance industry in general. We believe we can price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small to mid-sized business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term revenue growth.
Overview
Summary Financial Results
Our net income was $118.6 million, $118.1 million, and $48.4 million in 2024, 2023, and 2022, respectively. The key factors that affected our financial performance during those years included:
•Net premiums earned increased 3.8% in 2024 and 6.9% in 2023, each compared to the previous year;
•Losses and LAE increased 12.4% in 2024 and 3.8% in 2023, each compared to the previous year;
•Underwriting and general and administrative expenses decreased 1.9% in 2024 and increased 7.6% in 2023, each compared to the previous year;
•Underwriting income was $15.6 million, $36.2 million, and $21.0 million in 2024, 2023, and 2022, respectively;
•Net investment income increased 0.5% in 2024 and 18.6% in 2023, each compared to the previous year;
•Net realized and unrealized gains (losses) on investments were $24.1 million, $22.7 million, and $(51.8) million in 2024, 2023, and 2022, respectively; and
•Other non-recurring expenses were $11.0 million in 2023. We did not incur any such expenses in 2024 or 2022.
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Summary of Year Ended December 31, 2024
Our underwriting results for the year ended December 31, 2024 reflect increases in net premiums earned from higher new and renewal business premiums, and lower underwriting and general and administrative expenses, partially offset by lower final audit premiums and endorsements, a decrease in favorable prior year loss reserve development, and a higher current accident year loss and LAE ratio. Our investment results benefited from continued strong net investment income and net realized and unrealized gains.
Summary of Year Ended December 31, 2023
Our underwriting results for the year ended December 31, 2023 reflect increases in net premiums earned from higher new and renewal business premiums, strong final audit premiums, and significant net favorable prior year loss reserve development. Our investment results benefited from a sharp increase in our net investment income due to higher bond yields and net realized and unrealized gains. Our non-underwriting expenses in 2023 included the cost of the early lease termination of our former corporate headquarters and a write-off of previously capitalized cloud computing costs associated with a former policy management system.
Summary of Year Ended December 31, 2022
Our underwriting results for the year ended December 31, 2022 reflect increases in net premiums earned from higher new and renewal business premiums, strong final audit premiums, and significant net favorable prior year loss reserve development. Our investment results reflect an increase in net investment income due to higher bond yields, offset by net realized and unrealized losses.
Our consolidated financial results of operations for the three year period ending December 31, 2024 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 776.3 | $ | 767.7 | $ | 714.2 | ||||
| Net premiums written | $ | 769.5 | $ | 760.6 | $ | 707.2 | ||||
| Net premiums earned | $ | 749.5 | $ | 721.9 | $ | 675.2 | ||||
| Net investment income | 107.0 | 106.5 | 89.8 | |||||||
| Net realized and unrealized gains (losses) on investments | 24.1 | 22.7 | (51.8) | |||||||
| Other (loss) income | 0.1 | (0.2) | 0.3 | |||||||
| Total revenues | 880.7 | 850.9 | 713.5 | |||||||
| Underwriting expenses: | ||||||||||
| Losses and LAE | 456.2 | 405.7 | 391.0 | |||||||
| Commission expense | 101.2 | 100.0 | 95.9 | |||||||
| Underwriting and general and administrative expenses | 176.5 | 180.0 | 167.3 | |||||||
| Non-underwriting expenses: | ||||||||||
| Interest and financing expenses | 0.1 | 5.8 | 3.5 | |||||||
| Other expenses | — | 11.0 | — | |||||||
| Total expenses | 734.0 | 702.5 | 657.7 | |||||||
| Net income before income taxes | 146.7 | 148.4 | 55.8 | |||||||
| Income tax expense | 28.1 | 30.3 | 7.4 | |||||||
| Net income | $ | 118.6 | $ | 118.1 | $ | 48.4 |
A primary measure of our financial strength and performance is our ability to increase Adjusted stockholders' equity and Adjusted stockholders' equity per share over the long-term. We believe that this measure is important to our investors, analysts, and other interested parties who benefit from having an objective and consistent basis for comparison with other companies within our industry. Further, the change in our adjusted stockholders' equity per share (after taking into account stockholder dividends declared) serves as the performance measure associated with our 2024, 2023, and 2022 performance share unit awards. The following table shows a reconciliation of our Stockholders' equity on a GAAP basis to our Adjusted stockholders' equity.
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| Years Ended December 31, | ||||||
|---|---|---|---|---|---|---|
| 2024 | 2023 | |||||
| (in millions, except share and per share data) | ||||||
| GAAP stockholders' equity | $ | 1,068.7 | $ | 1,013.9 | ||
| Deferred Gain - LPT agreement | 94.0 | 99.2 | ||||
| Accumulated other comprehensive loss, net of tax | 82.5 | 86.0 | ||||
| Adjusted stockholders' equity(1) | $ | 1,245.2 | $ | 1,199.1 | ||
| Ending common shares outstanding | 24,556,706 | 25,369,753 | ||||
| Adjusted stockholders' equity per share | $ | 50.71 | $ | 47.26 |
(1) Adjusted stockholders' equity is a non-GAAP measure consisting of total GAAP stockholders' equity plus the Deferred Gain, minus Accumulated other comprehensive gain (loss), net of tax.
During 2024, we grew our Adjusted stockholders’ equity by $46.1 million (or $3.45 per share), despite returning $71.7 million to stockholders through share repurchases and dividends declared on common stock and eligible plan awards. During 2023, we grew our Adjusted stockholders’ equity by $9.9 million (or $3.48 per share), despite returning $106.5 million to stockholders through share repurchases and dividends declared on common stock and eligible plan awards.
I.Review of Underwriting Results
Underwriting income or loss is determined by deducting losses and LAE, commission expenses, and underwriting and general and administrative expenses from net premiums earned. Our underwriting results for the three year period ending December 31, 2024 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 776.3 | $ | 767.7 | $ | 714.2 | ||||
| Net premiums written | $ | 769.5 | $ | 760.6 | $ | 707.2 | ||||
| Net premiums earned | $ | 749.5 | $ | 721.9 | $ | 675.2 | ||||
| Losses and LAE | 456.2 | 405.7 | 391.0 | |||||||
| Commission expense | 101.2 | 100.0 | 95.9 | |||||||
| Underwriting and general and administrative expenses | 176.5 | 180.0 | 167.3 | |||||||
| Total underwriting expenses | 733.9 | 685.7 | 654.2 | |||||||
| Underwriting income | $ | 15.6 | $ | 36.2 | $ | 21.0 | ||||
| Total impact of the LPT | (5.6) | (7.2) | (8.3) | |||||||
| Underwriting income excluding LPT(1) | $ | 10.0 | $ | 29.0 | $ | 12.7 | ||||
| Loss and LAE ratio | 60.9 | % | 56.2 | % | 57.9 | % | ||||
| Commission expense ratio | 13.5 | 13.9 | 14.2 | |||||||
| Underwriting expense ratio | 23.5 | 24.9 | 24.8 | |||||||
| Combined ratio | 97.9 | % | 95.0 | % | 96.9 | % | ||||
| Total impact of the LPT | 0.7 | % | 1.0 | % | 1.2 | % | ||||
| Combined ratio excluding LPT(1) | 98.6 | % | 96.0 | % | 98.1 | % |
(1) The LPT Agreement is a non-recurring transaction that no longer provides us with any ongoing cash benefits. We provide our underwriting income and combined ratios excluding the effects of the LPT because we believe that these measures are useful in providing investors, analysts and other interested parties a meaningful understanding of our ongoing underwriting performance and provides them with a consistent basis for comparison with other companies in our industry. In addition, we believe that these non-GAAP measures, as presented, are helpful to our management in identifying trends in our performance because the LPT has limited significance to our current and ongoing operations.
Gross Premiums Written
Gross premiums written were $776.3 million, $767.7 million, and $714.2 million for the years ended December 31, 2024, 2023, and 2022, respectively. The modest growth in our premiums written in 2024 was the result of higher new and renewal business
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premiums, partially offset by lower final audit premiums and endorsements. The growth in new business premiums experienced in 2024 was the result of increases in new business submissions, quotes and binds in the majority of the states in which we operate, which is being largely driven by the expansion in the classes of business that we offer. Our premiums written in 2024 were negatively impacted by a $16.5 million decrease to our ending final audit premium accrual, partially offset by $10.7 million of final audit premium pick-up. Further, our renewal premiums benefited from strong retention rates experienced throughout the year.
The solid growth in our premiums written in 2023 was the result of higher new and renewal business premiums and strong final audit premiums. The growth in new business premiums experienced in 2023 was mostly the result of increases in new business submissions, quotes, and binds in most of the states in which we operate, which was largely driven by our expansion in the classes of business that we offer. Our premiums written in 2023 benefited from a $3.6 million increase to our ending final audit premium accrual and $29.2 million of final audit premium pick-up. Further, our renewal premiums benefited from strong retention rates experienced throughout the year.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded. For each of the years presented, the reinsurance premiums ceded are related to our July 1- June 30 annual reinsurance programs as further described herein.
Net premiums written were $769.5 million, $760.6 million, and $707.2 million for the years ended December 31, 2024, 2023, and 2022, respectively, which included $6.8 million, $7.1 million, and $7.0 million of reinsurance premiums ceded, respectively.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net premiums earned were $749.5 million, $721.9 million, and $675.2 million for the years ended December 31, 2024, 2023, and 2022, respectively.
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents our calendar year combined ratios.
| Years Ended December 31, | ||||||||
|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||
| Loss and LAE ratio excluding LPT | 61.6 | % | 57.2 | % | 59.1 | % | ||
| Loss and LAE ratio - LPT | (0.7) | % | (1.0) | % | (1.2) | % | ||
| Commission expense ratio | 13.5 | 13.9 | 14.2 | |||||
| Underwriting expense ratio | 23.5 | 24.9 | 24.8 | |||||
| Combined ratio | 97.9 | % | 95.0 | % | 96.9 | % | ||
| Combined ratio excluding LPT | 98.6 | % | 96.0 | % | 98.1 | % |
Losses and LAE represent our largest expense item and includes claim payments made, amortization of the Deferred Gain, Contingent Commission adjustments, estimates for future claim payments and changes in those estimates for current and prior accident years, and costs associated with investigating, defending, and adjusting claims. The accuracy of our financial reporting depends in large part on determining our losses and LAE reserves, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques.
Our current accident year loss and LAE estimate excluding the LPT for the year ended December 31, 2024 continues to consider, and benefit from, overall declines in the on-leveled frequency of compensable indemnity claims. We believe that our current accident year loss estimate is adequate; however, ultimate losses will not be known with any certainty for many years. Our current accident year loss and LAE ratio continues to reflect the impact of key business initiatives, including: an emphasis on accelerated settlements of open claims; further diversifying its risk exposure across geographic markets, when appropriate; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across all of our markets.
Additional information regarding our reserves for losses and LAE is set forth under "–Critical Accounting Estimates –Reserves for Losses and LAE."
Loss and LAE Ratio. We analyze our loss and LAE ratios on both a calendar year and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio reflects changes made during the calendar year in reserves for losses and LAE established for insured events
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occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods.
The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE for reported events that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as the reserves established for insured events occurring during that year fluctuate.
Our calendar year loss and LAE ratio is analyzed to measure profitability in a particular year and to evaluate the adequacy of premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or unfavorable) of reserves established in prior periods. In contrast, our accident year loss and LAE ratios are analyzed to evaluate underwriting performance and the adequacy of the premium rates charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
The table below reflects current and prior accident year loss and LAE reserve adjustments, the impact of the LPT, and the resulting impact to our loss ratio.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| (dollars in millions) | ||||||||||
| Current accident year losses and LAE - excluding LPT | $ | 480.2 | $ | 457.8 | $ | 432.8 | ||||
| Prior accident year favorable loss reserve development, net | (18.4) | (44.9) | (33.5) | |||||||
| Impact of LPT | (5.6) | (7.2) | (8.3) | |||||||
| Calendar year losses and LAE | $ | 456.2 | $ | 405.7 | $ | 391.0 | ||||
| Current accident year loss and LAE ratio | 64.1 | % | 63.4 | % | 64.1 | % | ||||
| Calendar year loss and LAE ratio | 60.9 | % | 56.2 | % | 57.9 | % | ||||
| Calendar year loss and LAE ratio - excluding LPT | 61.6 | % | 57.2 | % | 59.1 | % |
The increase in our calendar year losses and LAE from 2023 to 2024 was primarily due to higher earned premiums, a slightly higher current accident year loss and LAE estimate and less net favorable prior year loss reserve development. Net favorable prior year loss reserve development recognized in 2024 was $18.4 million versus $44.9 million in 2023. The increase in our calendar year losses and LAE from 2022 to 2023 was primarily due to higher earned premiums, partially offset by higher net favorable prior year loss reserve development. Net favorable prior year loss reserve development recognized in 2023 was $44.9 million versus $33.5 million recognized in 2022.
The net favorable development recognized in 2024 resulted primarily from overall favorable loss experience, including decreasing medical paid loss trends in California, partially offset by unfavorable prior year loss experience in accident years 2023 and 2021 associated with certain large claims.
The net favorable development recognized in 2023 was primarily the result of decreasing medical paid loss trends in California related to accident years 2020 and prior, partially offset by reserve strengthening related to accident year 2021. The rapid economic rebound following the COVID-19 pandemic led to large premium and payroll increases related to accident year 2021 that were recognized through policy audits in subsequent years. In response, we strengthened our reserves for accident year 2021 to reflect the potential for higher losses arising from the higher than expected premium exposure.
The net favorable development recognized in 2022 was primarily the result of decreasing medical and indemnity paid loss trends related to accident years 2020 and prior.
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The table below reflects the impact of the LPT on Losses and LAE, which are recorded as a reduction to Losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss).
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| (in millions) | ||||||||||
| Amortization of the Deferred Gain - losses | $ | 6.1 | $ | 6.3 | $ | 6.8 | ||||
| Amortization of the Deferred Gain - Contingent Commission | 0.8 | 1.5 | 1.5 | |||||||
| Impact of LPT Reserve adjustments(1) | (1.7) | (0.9) | — | |||||||
| Contingent Commission adjustments(2) | 0.4 | 0.3 | — | |||||||
| Total impact of the LPT | $ | 5.6 | $ | 7.2 | $ | 8.3 |
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss), such that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
(2)LPT Contingent Commission adjustments resulted in an adjustment to the Contingent commission receivable - LPT Agreement, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss). See Note 2 in the Notes to our Consolidated Financial Statements.
Commission Expense Ratio.
Commission expenses include direct commissions to our agents and brokers, including our partnerships and alliances, for the premiums that they produce for us, as well as agency incentive payments, other marketing costs, and fees.
We refined the presentation of certain expenses associated with our involuntary premium during the year ended December 31, 2024. This revision, which was immaterial, reduced our 2024 commission expenses and commission expense ratio by $2.4 million and 0.3 percentage points, respectively, and increased our 2024 underwriting and general and administrative expenses and underwriting and general and administrative expense ratio by the same amounts. This revision had no effect on our total expenses or net income.
Our commission expense ratio was 13.5%, 13.9%, and 14.2%, and our commission expenses were $101.2 million, $100.0 million, and $95.9 million for the years ended December 31, 2024, 2023, and 2022, respectively. The decrease in our commission expense ratio from 2023 to 2024 was primarily related to the expense revision we made in 2024 associated with our involuntary premium. The decrease in our commission expense ratio from 2022 to 2023 was primarily related to a write-off of uncollectible premium, which resulted in a reversal of commissions.
Underwriting and General and Administrative Expense Ratio.
Underwriting and general and administrative expenses represent those costs required to run the business, including costs incurred to underwrite and maintain the insurance policies we issue, excluding commissions. Variable underwriting expenses, such as premium taxes, policyholder dividends, and other expenses that vary directly with the production of new or renewal business, are recognized as the associated written premiums are earned. Fixed underwriting expenses, such as the operating expenses of EHI and its subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
Our underwriting and general and administrative expense ratio was 23.5%, 24.9%, and 24.8%, and our underwriting expenses were $176.5 million, $180.0 million, and $167.3 million for the years ended December 31, 2024, 2023, and 2022, respectively.
During 2024, our fixed underwriting expenses decreased by $13.4 million, primarily the result of decreases in depreciation and amortization, professional fees, and advertising and marketing expenses, partially offset by the expense revision we made in 2024 associated with our involuntary premium. The decreases in our fixed underwriting expenses were, in large part, the result of our Cerity integration plan that was undertaken in the fourth quarter of 2023. These decreases were partially offset by increases in our variable underwriting expenses of $9.9 million, which primarily related to our allowance for bad debt and premium tax and assessments.
During 2023, our fixed underwriting expenses increased by $7.5 million, primarily the result of increases in compensation-related expenses and professional fees, partially offset by decreases in facilities and advertising expenses. During 2023, our variable underwriting expenses also increased by $5.2 million, primarily due to higher policyholder dividends and our allowance for bad debt.
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Review of Non-Underwriting Results
Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments
We invest in fixed maturity securities, equity securities, other invested assets, short-term investments, and cash equivalents. Net investment income includes interest and dividends earned on our invested assets and amortization of premiums and discounts on our fixed maturity securities, less bank service charges and custodial and portfolio management fees.
Net investment income was $107.0 million, $106.5 million, and $89.8 million for the years ended December 31, 2024, 2023, and 2022, respectively. The consistent level of net investment income in 2024 was due to higher investment yields being partially offset by a lower average invested balance of fixed maturity securities, short-term investments, and cash and cash equivalents, as measured by amortized cost. The lower average invested balances in 2024 resulted primarily from the unwinding of our former Federal Home Loan Bank of San Francisco (FHLB) leveraged investment strategy, which was in effect from the first quarter of 2022 to the fourth quarter of 2023. Pursuant to that strategy, certain of our insurance subsidiaries had received aggregate advances under the FHLB Standard Credit Program, the proceeds from which were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. The increase in net investment income in 2023 was due to higher bond yields, partially offset by lower invested balances of fixed maturity securities and short-term investments, as measured by amortized cost. The average pre-tax ending book yield on our invested assets was 4.5%, 4.3%, and 3.0% at December 31, 2024, 2023, and 2022, respectively.
Realized and unrealized gains and losses on our investments are reported separately from our net investment income. Realized gains and losses on investments include the gain or loss on a security at the time of sale compared to its original or adjusted cost (equity securities) or amortized cost (fixed maturity securities). Realized losses are also recognized for adverse changes in our CECL allowance or when securities are written down because of an other-than-temporary impairment. Changes in the fair value of equity securities and other invested assets are also included in Net realized and unrealized gains (losses) on investments on our Consolidated Statements of Comprehensive Income (Loss).
Net realized and unrealized gains (losses) on investments were $24.1 million, $22.7 million, and $(51.8) million for the years ended December 31, 2024, 2023, and 2022, respectively.
Net realized and unrealized gains (losses) on investments in 2024 included $26.2 million of net realized and unrealized gains on equity securities, $(8.8) million of net realized losses on fixed maturity securities, and $6.7 million of unrealized gains on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of the U.S. equity markets. The net investment losses on our fixed maturity securities were primarily the result of sales associated with the rebalancing of our fixed maturity investment portfolio, partially offset by a decrease of $1.6 million in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Net realized and unrealized gains (losses) on investments in 2023 included $27.0 million of net realized and unrealized gains on equity securities, $(8.0) million of net realized losses on fixed maturity securities, and $3.7 million of unrealized gains on other invested assets. The net investments gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were largely concentrated in certain holdings in the financial and banking sectors and were partially offset by a decrease of $1.8 million in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Net realized and unrealized gains (losses) on investments in 2022 included $(49.2) million of net realized and unrealized losses on equity securities, $(3.6) million of net realized losses on fixed maturity securities, and $1.0 million of unrealized gains on other invested assets. The net investment losses on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were primarily the result of rising market interest rates and a $4.3 million net increase in our allowance for CECL. The net investment gains on our other invested assets resulted primarily from an increase in the underlying value of the private equity limited partnership interests we own.
Additional information regarding our Investments is set forth under "–Liquidity and Capital Resources–Investments" and Note 5 in the Notes to our Consolidated Financial Statements.
Other Income (Loss)
Other income (loss) consists of net gains and losses on fixed assets, non-investment interest, and other miscellaneous income and expense items. Other income (loss) was $0.1 million, $(0.2) million, and $0.3 million for the years ended December 31, 2024, 2023, and 2022, respectively.
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Interest and Financing Expenses
Interest and financing expenses include fees and interest associated with our credit facilities, fees and interest associated with our various credit arrangements with the FHLB, finance lease interest, and other financing fees.
Interest and financing expenses were $0.1 million, $5.8 million, and $3.5 million for the years ended December 31, 2024, 2023, and 2022, respectively.
The decrease in interest and financing expenses in 2024, versus those of 2023, resulted primarily from the unwinding of our former FHLB leveraged investment strategy, which was in effect from the first quarter of 2022 to the fourth quarter of 2023.
The increase in interest and financing expenses in 2023, versus those of 2022, were the result of advances we received from the FHLB Standard Credit Program associated with our FHLB leveraged investment strategy, which were fully repaid at December 31, 2023.
Other Expenses
In 2023, we wrote-off $1.6 million of previously capitalized cloud computing costs associated with a policy management system as part of a continual evaluation of our ongoing technology initiatives. Additionally, we recorded a non-recurring charge in connection with the early termination of the lease associated with our former corporate headquarters in Reno, Nevada. This charge included a one-time lease termination payment of $7.6 million, a write-off related to remaining leasehold improvements and furniture and equipment of $2.6 million, and estimated miscellaneous expenses associated with exiting the property of $0.2 million. We also recognized a related lease termination gain pertaining to the elimination of the lease liability, net of an associated right-of-use asset (ROU asset) of $1.0 million, which was included in Other expenses on our Consolidated Statements of Comprehensive Income (Loss). The decision to terminate the former Reno operating lease was undertaken as part of an ongoing review of our facility needs.
Income Tax Expense
Income tax expense was $28.1 million, $30.3 million, and $7.4 million for the years ended December 31, 2024, 2023, and 2022, respectively, representing effective tax rates of 19.2%, 20.4%, and 13.3% for the years ended December 31, 2024, 2023, and 2022, respectively.
On January 1, 2000, EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999 Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of the State of Nevada and therefore was not subject to federal income tax. Accordingly, any pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income.
Tax-advantaged investment income, pre-Privatization loss and LAE reserve adjustments, LPT adjustments, Deferred Gain amortization, certain other adjustments and tax credits utilized reduced our income tax expense computed at a statutory rate of 21% by $2.7 million, $0.9 million, and $4.3 million for the years ended December 31, 2024, 2023, and 2022, respectively.
In addition to the adjustments described above, our effective tax rate in 2022 was further reduced by a $1.4 million non-recurring Federal income tax benefit attributable to the repeal of Internal Revenue Code (IRC) section 847.
Additionally, we recognize deferred tax assets when we determine that such assets are more-likely-than-not to be realized in future periods. In making such a determination, we consider all available evidence, including future reversals of existing taxable temporary differences, tax-planning strategies, projected future taxable income, projected future tax rates, and results of recent operations. If it is determined that it is not more-likely-than-not that we could fully realize our deferred tax assets in future periods, we would establish a deferred tax asset valuation allowance that would increase our provision for income taxes. As of December 31, 2024, we did not require a deferred tax asset valuation allowance.
For additional information regarding our income tax expense see Note 8 in the Notes to our Consolidated Financial Statements.
Liquidity and Capital Resources
We believe that our total capital position remains strong and that the liquidity available to EHI and its subsidiaries remains adequate and will be sufficient for our financing needs in the next 12 months and in the longer term period thereafter. As a result, we do not currently foresee a need to: (i) suspend dividends at either EHI or its insurance subsidiaries; (ii) forego repurchases of EHI's common stock; (iii) seek additional capital; or (iv) seek any material non-investment asset sales, though we may decide to pursue those or other options if our financial circumstances change or if we deem it strategically advantageous to do so.
EHI Liquidity
EHI is a holding company and its ability to fund its operations is contingent upon its existing capital and the ability of its subsidiaries to pay it dividends. Any payments of dividends by our insurance subsidiaries are restricted by state insurance laws
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and regulations, including laws establishing minimum solvency and liquidity thresholds. EHI requires cash to pay dividends to its stockholders, repurchase its common stock, provide additional surplus to its insurance subsidiaries, and fund its operating expenses.
Total cash and investments at the holding company were $58.1 million at December 31, 2024, consisting of $9.8 million of cash and cash equivalents, $23.8 million of fixed maturity securities and $24.5 million of equity securities.
Credit Agreement
On May 28, 2024, EHI entered into a Credit Agreement (the Credit Agreement) with Wells Fargo Bank National Association, as both administrative agent and issuing lender. The Credit Agreement provides for a $25.0 million, unsecured, three-year revolving credit facility and is guaranteed by certain of EHI's wholly owned subsidiaries, Employers Group, Inc. (EGI) and Cerity Group, Inc. (CGI). Borrowings under the Credit Agreement may be used for working capital and general corporate purposes of EHI and its subsidiaries. Pursuant to the terms of the Credit Agreement, EHI has an option to request an increase of the credit available under the facility up to a maximum facility amount of $35.0 million, subject to the consent of the lender(s) and the satisfaction of certain conditions.
The interest rates applicable to loans under the Credit Agreement are generally based on either, at EHI's option: (i) a base rate, defined as the higher of the Prime Rate, the Federal Funds Rate plus 1.25% and the Adjusted Term Secured Overnight Financing Rate (SOFR) for a one-month tenor plus 1.75%, or (ii) an Adjusted Term SOFR Rate, defined as the applicable Adjusted Term SOFR Rate plus 1.75%. In addition, EHI is subject to a fee on the lender’s unused commitment, ranging from 0.30% to 0.55%. The applicable margin and the amount of such commitment fee vary based upon the financial strength rating of EHI’s insurance subsidiaries as most recently announced by AM Best or EHI’s debt to total capitalization ratio if such financial strength rating is not available. Total interest paid and/or fees incurred pursuant to the Credit Agreement was $0.1 million for the year ended December 31, 2024.
The Credit Agreement contains covenants that require EHI and its consolidated subsidiaries to maintain: (i) a minimum consolidated net worth, defined as EHI’s total stockholders’ equity excluding any accumulated other comprehensive income or loss, of no less than $800.0 million; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Credit Agreement. As of December 31, 2024, EHI has remained in compliance with all of the covenants associated with the Credit Agreement.
On January 8, 2025, AM Best upgraded the financial strength ratings of EHI’s insurance subsidiaries to “A” (Excellent). As a result of this ratings action, and effective as of that date: (i) the applicable margin with respect to SOFR loans was reduced from 1.75% to 1.50%; (ii) the applicable margin with respect to base rate loans was reduced from 0.75% to 0.50%; and (iii) the annual commitment fee on the unused portion of the facility was reduced from 0.35% to 0.30%.
Former Credit Agreement
On December 15, 2020, EHI entered into a Credit Agreement (the former Credit Agreement) with a syndicate of financial institutions. The former Credit Agreement provided EHI with a $75.0 million three-year revolving credit facility and was guaranteed by EHI's wholly owned subsidiaries, EGI and CGI. Borrowings under the former Credit Agreement could be used for working capital and general corporate purposes.
The interest rates applicable to loans under the former Credit Agreement were generally based on, at EHI's option, a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Adjusted Term SOFR rate, plus a specified margin, ranging from 1.25% to 2.25%. In addition, EHI paid a fee on each lender's unused commitment, ranging from 0.20% to 0.50%. Interest paid and/or fees incurred pursuant to the former Credit Agreement was $0.5 million and $0.3 million for the years ended December 31, 2023 and 2022, respectively.
The former Credit Agreement contained covenants that required EHI and its consolidated subsidiaries to maintain: (i) a minimum consolidated net worth; and (ii) a debt to total capitalization ratio of no more than 35%. EHI was in compliance with all the covenants associated with the former Credit Agreement from its inception to its expiration on December 15, 2023.
Dividend and Distribution Ability
Our insurance subsidiaries' ability to pay dividends and distributions is based on their reported capital, surplus, and the amount of dividends paid to their immediate holding company within the prior twelve months. Throughout 2025, EICN, ECIC, EPIC and EAC can pay up to an aggregate of $85.0 million in ordinary dividends to EGI, and CIC can pay up to $5.9 million of ordinary dividends to CGI. Upon receipt of such dividends and upon approval by their respective Boards, EGI and CGI may then, in turn, dividend those amounts to EHI.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments and reinsurance recoveries. The primary uses of
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cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting and general and administrative expenses, ceded reinsurance, investment purchases and dividends paid to their parent.
Total cash and investments held by our operating subsidiaries was $2,474.4 million at December 31, 2024, consisting of $58.7 million of cash and cash equivalents, and restricted cash, $2,073.6 million of fixed maturity securities, $235.3 million of equity securities, $0.1 million of short-term investments, and $106.6 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as of December 31, 2024 consisted of $58.5 million of cash and cash equivalents, $229.6 million of publicly-traded equity securities whose proceeds are available within two business days, and $861.2 million of highly liquid fixed maturity securities whose proceeds are also available within two business days. We believe that our subsidiaries' liquidity needs over the next 12 months and for the longer term period thereafter will be met with cash from operations, investment income, and maturing investments.
Each of our insurance subsidiaries are members of the FHLB. Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on our statutory admitted assets on a per company basis.
During 2022, our insurance subsidiaries, with the exception of CIC, received aggregate advances of $182.5 million under the FHLB Standard Credit Program. These advances could be repaid at any time without penalty and were collateralized by eligible investment securities. The proceeds from these advances were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. Interest incurred and paid during the year ended December 31, 2023 each totaled $5.3 million, and in 2022 totaled $3.0 million and $2.3 million, respectively. In 2023, our insurance subsidiaries repaid all of their advances under the FHLB Standard Credit Program.
FHLB membership also allows our insurance subsidiaries access to standby Letter of Credit Agreements. Throughout 2022 and 2023, EAC, ECIC, and EPIC had $25.0 million, $35.0 million, and $10.0 million of Letter of Credit Agreements in effect, respectively. On October 9, 2024, EPIC amended its existing Letter of Credit Agreement to increase its capacity to $110.0 million. The Letter of Credit Agreements in effect will expire on March 31, 2025 and may only be used to satisfy, in whole or in part, insurance deposit requirements with the State of California and must be fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements).
We purchase reinsurance annually to protect us against the costs of severe claims and certain catastrophic events. On July 1, 2024, we entered into a new reinsurance program that is effective through June 30, 2025. The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage. Our reinsurance coverage is $190.0 million in excess of our $10.0 million retention on a per occurrence basis; including a maximum any one life limit of $20.0 million, subject to certain exclusions. We believe that our reinsurance program currently meets our needs.
Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by the National Association of Insurance Commissioners. The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action at December 31, 2024.
Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of $630.9 million and $748.1 million were on deposit at each of December 31, 2024 and 2023, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of $170.0 million and $70.0 million of securities on deposit at December 31, 2024 and 2023, respectively.
Certain reinsurance contracts require funds owned by us to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we have assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was $3.0 million at both December 31, 2024 and 2023.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as collectively as a consolidated group. We use trend and variance analyses to project future cash needs, making adjustments to our cash forecasts as appropriate.
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The table below shows our net cash flows. For additional information regarding our cash flows, see Item 8, Consolidated Statements of Cash Flows.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| Cash, cash equivalents, and restricted cash provided by (used in): | (in millions) | |||||||||
| Operating activities | $ | 76.4 | $ | 49.4 | $ | 99.8 | ||||
| Investing activities | (159.7) | 377.3 | (146.1) | |||||||
| Financing activities | (74.8) | (289.5) | 60.4 | |||||||
| (Decrease) increase in cash, cash equivalents, and restricted cash | $ | (158.1) | $ | 137.2 | $ | 14.1 |
Operating Activities
Net cash provided by operating activities in 2024 included net premiums received of $769.9 million, investment income received of $106.6 million and cash received of $14.6 million for the final payment of the Contingent Commission. These operating cash inflows were partially offset by net claims payments of $522.0 million, underwriting and general and administrative expenses paid of $160.7 million, commissions paid of $100.9 million, interest and financing fees paid of $0.1 million, and federal income taxes paid of $31.0 million.
Net cash provided by operating activities in 2023 included net premiums received of $703.4 million and investment income received of $111.6 million. These operating cash inflows were partially offset by net claims payments of $471.6 million, underwriting and general and administrative expenses paid of $157.3 million, commissions paid of $92.7 million, interest and financing fees paid of $5.8 million, lease termination and related disposal payments of $7.8 million, and federal income taxes paid of $30.4 million.
Net cash provided by operating activities in 2022 included net premiums received of $646.2 million and investment income received of $88.3 million. These operating cash inflows were partially offset by net claims payments of $387.7 million, underwriting and general and administrative expenses paid of $145.8 million, commissions paid of $82.6 million, interest and financing fees paid of $3.5 million, and federal income taxes paid of $15.1 million.
Investing Activities
Net cash used in investing activities in 2024 related primarily to investments of premiums received, the receipt of the Contingent Commission, the reinvestment of funds from investment sales, maturities, redemptions, and interest income. The cash outflows used in these activities were largely offset by investment sales, maturities, and redemptions whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Net cash provided by investing activities in 2023 related primarily to investment sales, maturities, and redemptions whose proceeds were used to fund claims payment, underwriting and general and administrative expenses, stockholder dividend payments, common stock repurchases, and to repay FHLB advances. The cash inflows provided by these activities were largely offset by investments of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Net cash used in investing activities in 2022 related primarily to FHLB advances received, and reinvestment of funds from investment sales, maturities, redemptions, and interest income. The cash outflows used in these activities were partially offset by investment sales, maturities and redemptions whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Financing Activities
Net cash used in financing activities in 2024 related primarily to stockholder dividend payments and common stock repurchases.
Net cash used in financing activities in 2023 related primarily to stockholder dividend payments, common stock repurchases, and repayments of FHLB advances.
Net cash provided by financing activities in 2022 related primarily to FHLB advances received, partially offset by common stock repurchases and stockholder dividend payments. During the year ended December 31, 2022, we also borrowed and repaid $10.0 million under the Credit Agreement.
Dividends. We paid $30.3 million, $29.7 million, and $28.8 million in regular quarterly dividends to our stockholders and eligible equity plan award holders in 2024, 2023, and 2022, respectively. We also paid $27.5 million and $34.0 million in special dividends to our stockholders in June 2022 and December 2022. The declaration and payment of future dividends to our stockholders, including any special dividends, will be at the discretion of our Board and will depend upon many factors,
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including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors that our Board deems relevant. On February 19, 2025, the Board declared a $0.30 quarterly dividend per share, payable March 19, 2025, to stockholders of record on March 5, 2025.
Repurchases of Common Stock. We repurchased $41.7 million, $77.1 million, and $30.4 million of our common stock in 2024, 2023, and 2022, respectively. On July 26, 2023, our Board authorized a new stock repurchase authorization for repurchases of up to $50.0 million of our common stock from July 31, 2023 through December 31, 2024 (the 2023 Program). On June 10, 2024, the Board authorized a $50.0 million addition to the 2023 Program, increasing our aggregate purchase authority to $100.0 million, and extended the repurchase authority pursuant to the 2023 Program through July 31, 2025. Future repurchases of our common stock will be at the discretion of our Board and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and socioeconomic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board deems relevant. As of December 31, 2024, we had a remaining common stock repurchase authorization of $29.7 million. See Item 5, Issuer Purchases of Equity Securities.
Capital Resources
As of December 31, 2024, the capital resources available to us consisted of $1,068.7 million of stockholders' equity and the $94.0 million Deferred Gain.
Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years ended December 31, 2024, 2023, and 2022:
| December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2023 | 2022 | ||||||||
| (in millions) | ||||||||||
| Beginning Balance | $ | 1,013.9 | $ | 944.2 | $ | 1,213.1 | ||||
| Stock-based obligations | 6.2 | 6.1 | 5.1 | |||||||
| Stock options exercised | — | 0.7 | 1.1 | |||||||
| Shares withheld to satisfy minimum tax withholdings for certain stock-based obligations | (1.8) | (1.6) | (2.3) | |||||||
| Acquisition of common stock | (41.7) | (77.1) | (30.4) | |||||||
| Dividends declared on common stock and eligible plan awards | (30.0) | (29.4) | (91.3) | |||||||
| Net income for the year | 118.6 | 118.1 | 48.4 | |||||||
| Change in net unrealized gains (losses) on investments, net of taxes | 3.5 | 52.9 | (199.5) | |||||||
| Ending Balance | $ | 1,068.7 | $ | 1,013.9 | $ | 944.2 |
Deferred Gain. The Deferred Gain, which totaled $94.0 million and $99.2 million as of December 31, 2024 and 2023, respectively, reflects the unamortized gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated Financial Statements.
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Contractual Obligations and Commitments
Other than operating expenses, our current and long-term cash requirements include the following contractual obligations and commitments as of December 31, 2024:
Leases
We have entered into lease arrangements for certain equipment and facilities. As of December 31, 2024, we had lease payment obligations totaling $4.4 million, of which $1.6 million is payable within 12 months.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As of December 31, 2024, we had other purchase obligations totaling $13.8 million, of which $7.8 million is payable within 12 months.
Unfunded Investment Commitments
As of December 31, 2024, we had private equity limited partnerships with unfunded investment commitments totaling $15.6 million that can be called at any time.
Unpaid Losses and LAE reserves
We have developed unpaid losses and LAE expense payment patterns that are computed based on historical information. Our calculation of loss and LAE expense payments by period is subject to the same uncertainties associated with determining the level of reserves and to the additional uncertainties arising from the difficulty of predicting when claims (including claims that have not yet been reported to us) will be paid. Actual payments of losses and LAE by period will vary, perhaps materially, to the extent that current estimates of losses and LAE expense vary from actual ultimate claims amounts due to variations between expected and actual payment patterns. As of December 31, 2024, we had unpaid losses and LAE reserves totaling $1,808.2 million, of which $304.3 million is payable within 12 months. For a discussion of our reserving process, see ''–Critical Accounting Estimates–Reserves for Losses and LAE.''
The unpaid losses and LAE expense payment patterns are gross of reinsurance recoverables for unpaid losses. As of December 31, 2024, we had reinsurance recoverables on unpaid losses and LAE totaling $411.5 million, of which $29.0 million is currently expected to be received within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total returns; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income.
Our Investment Managers follow our written investment guidelines, which are approved by the Audit Committee. Our asset allocation is reevaluated by management and reviewed by the Audit Committee on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives.
As of December 31, 2024, our investment portfolio consisted of 85% fixed maturity securities which had a duration of 4.5 at December 31, 2024. Our fixed maturity investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be “A,” using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity portfolio had a weighted average quality of “A+” as of December 31, 2024.
Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of $254.1 million at December 31, 2024, which represented 11% of our investment portfolio at that time. We also have a $5.7 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period.
Our investment portfolio also contains certain other investments, which made up 4% of our investment portfolio at December 31, 2024, and include private equity limited partnerships. Our investments in private equity limited partnerships totaled $106.6 million at December 31, 2024 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 3 to 12 years, subject to two or three one-year extensions at the general partner's discretion. We periodically receive distributions of proceeds from dividends and interest from fund investments, as well as from any dispositions of fund investments, during the full course of the fund term. As of December 31, 2024, we had unfunded commitments to these private equity limited partnerships totaling $15.6 million.
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We believe that our current asset allocation meets our strategy to preserve capital for claims and policy liabilities and to provide sufficient capital resources to support and grow our ongoing insurance operations.
The following table shows the estimated fair value, the percentage of the fair value to total invested assets, and the average ending book yield (which is calculated based on the amortized cost of the associated invested assets) as of December 31, 2024.
| Category | Estimated Fair Value | Percentage of Total | Book Yield | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| (in millions, except percentages) | ||||||||||
| U.S. Treasuries | $ | 59.3 | 2.5 | % | 3.5 | % | ||||
| States and municipalities | 159.3 | 6.8 | 4.4 | |||||||
| Corporate securities | 803.0 | 34.1 | 4.1 | |||||||
| Residential mortgaged-backed securities | 619.7 | 26.4 | 4.4 | |||||||
| Commercial mortgaged-backed securities | 65.2 | 2.8 | 3.7 | |||||||
| Asset-backed securities | 214.0 | 9.1 | 5.3 | |||||||
| Collateralized loan obligations | 35.3 | 1.5 | 6.3 | |||||||
| Foreign government securities | 9.5 | 0.4 | 2.8 | |||||||
| Other securities | 132.1 | 5.6 | 7.4 | |||||||
| Equity securities | 254.1 | 10.8 | 2.9 | |||||||
| Short-term investments | 0.1 | — | 4.4 | |||||||
| Total investments at fair value | $ | 2,351.6 | 100.0 | % | ||||||
| Weighted average ending yield | 4.5 | % |
The following table shows the percentage of total estimated fair value of our fixed maturity securities as of December 31, 2024 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P.
| Rating | Percentage of Total Estimated Fair Value | ||
|---|---|---|---|
| “AAA” | 11.5 | % | |
| “AA” | 40.4 | ||
| “A” | 29.0 | ||
| “BBB” | 11.3 | ||
| Below Investment Grade | 7.8 | ||
| Total | 100.0 | % |
Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes. We also make a determination as to whether it is not more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity.
In addition to recognizing realized gains and losses upon the disposition of an investment security, we also record provisions and recoveries for changes in our CECL allowance on AFS investments as realized gains and losses. We maintained a CECL allowance of $1.1 million, $2.7 million, and $4.5 million on AFS investments as of December 31, 2024, 2023, and 2022, respectively. The decrease in our CECL allowance of $1.6 million in 2024 was due to the sale of securities that previously had an allowance and the stabilization in the financial markets, which decreased our CECL provision. The remaining fixed maturity securities whose total fair value was less than amortized cost at December 31, 2024, 2023, and 2022, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost.
For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains and losses on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
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Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both the use of estimates and judgment, relative to the application of appropriate accounting policies, which include the recognition of premium revenue, recoverability of deferred income taxes, and valuation of investments. Our accounting policies are described in Note 2 to our Consolidated Financial Statements, however, we believe that the following matters are particularly important to understand our financial statements because changes in these estimates or changes in the assumptions used to make them, could have a material impact on our results of operations, financial condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and a review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our loss and LAE reserves for each accident year and represents our best estimate of outstanding loss reserves.
The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve development is unfavorable when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development is reflected in our operating results through an adjustment to incurred losses and LAE during the period in which it is recognized.
Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money.
The three main components of our loss reserves are case reserves, incurred but not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the ultimate cost of each claim (case reserves). These case reserves are continually monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (i) future payments on claims that are incurred but have not yet been reported to us; (ii) a reserve for the additional development on claims that have been reported to us; and (iii) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims.
LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other.
We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
Our loss reserves (gross and net of reinsurance), including the main components of such reserves, were as follows:
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2024 | 2023 | |||||
| (in millions) | ||||||
| Case reserves | $ | 938.1 | $ | 924.2 | ||
| IBNR | 611.1 | 695.7 | ||||
| LAE reserves | 259.0 | 264.6 | ||||
| Gross unpaid losses and LAE reserves | 1,808.2 | 1,884.5 | ||||
| Less reinsurance recoverable on unpaid losses and LAE, excluding CECL allowance | 412.4 | 428.4 | ||||
| Net unpaid losses and LAE reserves | $ | 1,395.8 | $ | 1,456.1 |
We use actuarial methods to analyze and estimate the aggregate amount of loss reserves. Management considers the results of various actuarial methods and their underlying assumptions, among other factors, in establishing loss reserves.
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Judgment is required in the actuarial estimation of loss reserves, including the selection of various actuarial methodologies to project the ultimate cost of claims. Specifically, judgment is required in the following areas: the selection of parameters utilized in the various methodologies; the use of industry data and other benchmarks; and the weighting of differing reserve indications resulting from alternative methods and assumptions. The adequacy of our ultimate loss reserves is inherently uncertain and represents a significant risk to our business. We attempt to mitigate this risk through our claims management processes and by monitoring and reacting to statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business.
We prepared reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims.
Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims.
We analyze LAE and estimated unpaid LAE separately. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms.
The ranges of estimates of loss reserves produced are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods.
Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current actuarial analyses, including a review of the assumptions and the results of the various actuarial methods used. We conduct comprehensive studies in the second and fourth quarters. On the alternate quarters, we update the results of the preceding quarter's studies for actual claim payment and case reserve activity.
The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE at December 31 for the last two years, we reviewed and considered the following: (i) our actuaries' assumptions, point estimates, and ranges; and (ii) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances.
The table below provides the actuarial range of loss and LAE reserves, net of reinsurance, that management considered when selecting its best estimate and our carried reserves.
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2024 | 2023 | |||||
| (in millions) | ||||||
| Low end of actuarial range | $ | 1,247.0 | $ | 1,316.8 | ||
| Carried reserves | 1,395.8 | 1,456.1 | ||||
| High end of actuarial range | 1,597.2 | 1,631.7 |
As of December 31, 2024, California and Nevada loss reserves represented approximately 60% of our total net loss reserves on our Consolidated Balance Sheet.
In California, our recent loss experience shows a slight upward trend in indemnity severity, likely driven by wage increases, and a slight downward trend in medical severity. Our indemnity claims frequency (the number of claims expressed as a percentage of on-leveled premium) has been generally decreasing. We believe our claims practices, including our continued emphasis on accelerating claims settlements, as well as our various underwriting initiatives, have contributed to our favorable results in California.
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In Nevada, we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN. The emergence of claims payments in recent years has generally been consistent with expectations which has resulted in relatively minor changes in reserve estimates. Nevada statutorily prohibits entering into full and final settlement of claims, therefore, paid losses largely reflect stable and consistent periodic payments, particularly for indemnity benefits.
Over 50% of our claims payments during the three years ended December 31, 2024 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. However, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves at December 31, 2024, we estimate that future medical costs over the lifetime of current claims would increase by approximately $73.0 million on a net-of-reinsurance basis. Under the current elevated inflationary environment, additional inflationary considerations were included in determining the level and adequacy of our reserves, and particular consideration was given to medical and hospital inflation rates as these inflation rates have historically exceeded general inflation rates.
Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial range, the impact on our financial results would have been as follows:
| December 31, | ||||||
|---|---|---|---|---|---|---|
| 2024 | 2023 | |||||
| Increase (decrease) in reserves (1) | (in millions) | |||||
| At low end of range | $ | (148.8) | $ | (139.3) | ||
| At high end of range | 201.4 | 175.6 | ||||
| Increase (decrease) in stockholders' equity and net income | ||||||
| At low end of range | $ | 117.6 | $ | 110.0 | ||
| At high end of range | (159.1) | (138.7) |
(1) The range of actuarial indications captures the range of reasonable estimates and is asymmetrical (e.g., not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics than any one model or actuarial methodology can represent, and each methodology is an approximation of these complex forces and dynamics. None of the methods are designed or intended to produce an indication that is systematically higher or lower than the other methods. At any given evaluation date, some of the actuarial projection methods produce indications outside the actuary's selected range. Accordingly, we believe that the range of potential outcomes is considerably wider than the actuarially estimated range of the most likely outcomes. We have no basis for anticipating whether actual future payments of losses and LAE may be either greater than or less than the loss reserves currently on our Consolidated Balance Sheets.
Additionally, any adjustment to the estimated ceded reserves under the LPT Agreement results in a cumulative adjustment to the Deferred Gain, which is also included in losses and LAE incurred in the Consolidated Statements of Comprehensive Income (Loss), so that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. The table below provides the actuarial range of estimated liabilities for gross loss reserves under the LPT Agreement and our carried reserves.
| As of December 31, | ||
|---|---|---|
| 2024 | ||
| (in millions) | ||
| Low end of actuarial range | $ | 263.3 |
| LPT carried reserves | 277.1 | |
| High end of actuarial range | 286.1 |
Reinsurance Recoverables
Reinsurance recoverables represent: (i) amounts currently due from reinsurers on paid losses and LAE; (ii) amounts recoverable from reinsurers on estimates of case reserves; and (iii) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We
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bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts due from reinsurers have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the AM Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process.
Under the LPT Agreement, the Fund initially ceded $1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior to July 1, 1995 for consideration of $775.0 million in cash. The estimated remaining liabilities subject to the LPT Agreement were $277.1 million as of December 31, 2024. Losses and LAE paid with respect to the LPT Agreement totaled $895.6 million at December 31, 2024. We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a Deferred Gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income (Loss).
New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary of all recently issued and recently adopted accounting standards.
FY 2023 10-K MD&A
SEC filing source: 0001379041-24-000042.
Item 7. Management's Discussion and Analysis of Consolidated Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to several factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
General
We are a Nevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to select, small businesses primarily in low-to-medium hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughout most of the United States, with a concentration in California, where 45% of our in-force premiums are generated. Our revenues primarily consist of net premiums earned, net investment income, and net realized and unrealized gains and (losses) on investments.
The insurance industry is highly competitive, and there is significant competition in the national workers' compensation industry that is based on price and quality of services. We compete with other specialty workers' compensation carriers, state agencies, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
We target small businesses, as we believe that this market is traditionally characterized by more attractive pricing and stronger persistency when compared to the U.S. workers' compensation insurance industry in general. We believe we can price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term top-line revenue growth.
Overview
Summary Financial Results
Our net income was $118.1 million, $48.4 million, and $119.3 million in 2023, 2022, and 2021, respectively. The key factors that affected our financial results during those years included:
•Net premiums earned increased 6.9% in 2023 and 17.5% in 2022, each compared to the previous year;
•Losses and LAE increased 3.8% in 2023 and 24.0% in 2022, each compared to the previous year;
•Underwriting and general and administrative expenses increased 7.6% in 2023 and 4.4% in 2022, each compared to the previous year;
•Underwriting income was $36.2 million, $21.0 million and $22.9 million in 2023, 2022, and 2021, respectively;
•Net investment income increased 18.6% in 2023 and 23.5% in 2022, each compared to the previous year;
•Net realized and unrealized gains (losses) on investments were $22.7 million, $(51.8) million, and $54.6 million in 2023, 2022, and 2021, respectively; and
•Other expenses were $11.0 million and $4.1 million in 2023 and 2021, respectively. We did not incur any noteworthy other expenses in 2022.
Year Ended December 31, 2023
Our underwriting results benefited from an increase in net premiums earned because of higher new and renewal business premiums and higher net favorable prior year loss reserve development. Our investment results benefited from a sharp increase in our net investment income due to higher bond yields and net realized and unrealized gains. Our non-underwriting expenses in 2023 included the cost of the early lease termination of our former corporate headquarters and a write-off of previously capitalized cloud computing costs associated with a policy management system.
Year Ended December 31, 2022
Our underwriting results benefited from an increase in net premiums earned because of higher new and renewal business premiums, increased final audit premiums, and higher net favorable prior year loss reserve development. Our investment results benefited from a sharp increase in our net investment income due to higher bond yields, offset by net realized and unrealized losses.
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Year Ended December 31, 2021
Our underwriting results benefited from net favorable prior year loss reserve development. Our investment results benefited from net realized and unrealized investment gains. Our non-underwriting expenses included severance costs from a reduction-in-force and the write-off of previously capitalized costs relating to information technologies identified as no longer being utilized.
Our consolidated financial results of operations for the three year period ending December 31, 2023 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 767.7 | $ | 714.2 | $ | 589.7 | ||||
| Net premiums written | $ | 760.6 | $ | 707.2 | $ | 583.1 | ||||
| Net premiums earned | $ | 721.9 | $ | 675.2 | $ | 574.4 | ||||
| Net investment income | 106.5 | 89.8 | 72.7 | |||||||
| Net realized and unrealized gains (losses) on investments | 22.7 | (51.8) | 54.6 | |||||||
| Other (loss) income | (0.2) | 0.3 | 1.4 | |||||||
| Total revenues | 850.9 | 713.5 | 703.1 | |||||||
| Underwriting expenses: | ||||||||||
| Losses and LAE | 405.7 | 391.0 | 315.2 | |||||||
| Commission expense | 100.0 | 95.9 | 76.1 | |||||||
| Underwriting and general and administrative expenses | 180.0 | 167.3 | 160.2 | |||||||
| Non-underwriting expenses: | ||||||||||
| Interest and financing expenses | 5.8 | 3.5 | 0.5 | |||||||
| Other expenses | 11.0 | — | 4.1 | |||||||
| Total expenses | 702.5 | 657.7 | 556.1 | |||||||
| Net income before income taxes | 148.4 | 55.8 | 147.0 | |||||||
| Income tax expense | 30.3 | 7.4 | 27.7 | |||||||
| Net income | $ | 118.1 | $ | 48.4 | $ | 119.3 |
A primary measure of our financial strength and performance is our ability to increase Adjusted stockholders' equity and Adjusted stockholders' equity per share over the long-term. We believe that this measure is important to our investors, analysts, and other interested parties who benefit from having an objective and consistent basis for comparison with other companies within our industry. Further, the change in our adjusted stockholders' equity per share (after taking into account stockholder dividends declared) serves as the performance measure associated with our 2023 and 2022 performance share unit awards. The following table shows a reconciliation of our Stockholders' equity on a GAAP basis to our Adjusted stockholders' equity.
| Years Ended December 31, | ||||||
|---|---|---|---|---|---|---|
| 2023 | 2022 | |||||
| (in millions, except share and per share data) | ||||||
| GAAP stockholders' equity | $ | 1,013.9 | $ | 944.2 | ||
| Deferred reinsurance gain - LPT agreement | 99.2 | 106.1 | ||||
| Accumulated other comprehensive loss, net of tax | 86.0 | 138.9 | ||||
| Adjusted stockholders' equity(1) | $ | 1,199.1 | $ | 1,189.2 | ||
| Ending common shares outstanding | 25,369,753 | 27,160,748 | ||||
| Adjusted stockholders' equity per share | $ | 47.26 | $ | 43.78 |
(1) Adjusted stockholders' equity is a non-GAAP measure consisting of total GAAP stockholders' equity plus the Deferred Gain, plus Accumulated other comprehensive loss, net.
During 2023, we grew our Adjusted stockholders’ equity by $9.9 million (or $3.48 per share), despite returning $106.5 million to stockholders through share repurchases and dividends declared on common stock and eligible plan awards.
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I.Review of Underwriting Results
Underwriting income or loss is determined by deducting losses and LAE, commission expenses, and underwriting and general and administrative expenses from net premiums earned. Our underwriting results for the three year period ending December 31, 2023 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 767.7 | $ | 714.2 | $ | 589.7 | ||||
| Net premiums written | $ | 760.6 | $ | 707.2 | $ | 583.1 | ||||
| Net premiums earned | $ | 721.9 | $ | 675.2 | $ | 574.4 | ||||
| Losses and LAE | 405.7 | 391.0 | 315.2 | |||||||
| Commission expense | 100.0 | 95.9 | 76.1 | |||||||
| Underwriting and general and administrative expenses | 180.0 | 167.3 | 160.2 | |||||||
| Total underwriting expenses | 685.7 | 654.2 | 551.5 | |||||||
| Underwriting income | $ | 36.2 | $ | 21.0 | $ | 22.9 | ||||
| Total impact of the LPT | (7.2) | (8.3) | (11.5) | |||||||
| Underwriting income excluding LPT(1) | $ | 29.0 | $ | 12.7 | $ | 11.4 | ||||
| Loss and LAE ratio | 56.2 | % | 57.9 | % | 54.9 | % | ||||
| Commission expense ratio | 13.9 | 14.2 | 13.2 | |||||||
| Underwriting expense ratio | 24.9 | 24.8 | 27.9 | |||||||
| Combined ratio | 95.0 | % | 96.9 | % | 96.0 | % | ||||
| Total impact of the LPT | 1.0 | % | 1.2 | % | 2.0 | % | ||||
| Combined ratio excluding LPT(1) | 96.0 | % | 98.1 | % | 98.0 | % |
(1) The LPT Agreement is a non-recurring transaction that does not result in any significant ongoing benefits to the Company. We provide our underwriting income and combined ratios excluding the effects of the LPT because we believe that these measures are useful in providing investors, analysts and other interested parties a meaningful understanding of our ongoing underwriting performance and provides them with a consistent basis for comparison with other companies in our industry. In addition, we believe that these non-GAAP measures, as presented, are helpful to our management in identifying trends in our performance because the LPT has limited significance to our current and ongoing operations.
Gross Premiums Written
Gross premiums written were $767.7 million, $714.2 million, and $589.7 million for the years ended December 31, 2023, 2022, and 2021, respectively. The strong growth in our premiums written in 2023 was the result of higher new and renewal business premiums. The growth in new business premiums experienced in 2023 was mostly the result of increases in new business submissions, quotes and binds in most of the states in which we operate, which was largely driven by our expansion in the classes of business that we offer. As a result of these initiatives, we closed the year with a record number of policies in-force. Additionally, in 2023 we increased our final audit premium accruals by $4.1 million and we recognized $29.2 million of audit premium pick-up, as our payroll exposure increased with U.S. labor market strengthening and rising wages. Furthermore, our renewal premiums benefited from strong retention rates experienced throughout the year.
The strong growth in our premiums written in 2022 was the result of higher new and renewal business premiums and higher final audit premiums. The growth in new business premiums experienced was the result of increases in new business submissions, quotes and binds in most of the states in which we operate, which was largely driven by our expansion in the classes of business that we offer. We also increased our final audit premium accruals by $24.6 million and recognized $34.8 million of audit premium pick-up, as our payroll exposure increased with U.S. labor market strengthening and rising wages. Furthermore, our renewal premiums benefited from strong retention rates experienced throughout the year.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded. For each of the years presented, the reinsurance premiums ceded related to our July 1- June 30 annual reinsurance programs as further described herein.
Net premiums written were $760.6 million, $707.2 million, and $583.1 million for the years ended December 31, 2023, 2022, and 2021, respectively, which included $7.1 million, $7.0 million, and $6.6 million of reinsurance premiums ceded, respectively.
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Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net premiums earned were $721.9 million, $675.2 million, and $574.4 million for the years ended December 31, 2023, 2022, and 2021, respectively.
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents our calendar year combined ratios.
| Years Ended December 31, | ||||||||
|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||
| Loss and LAE ratio excluding LPT | 57.2 | % | 59.1 | % | 56.9 | % | ||
| Loss and LAE ratio - LPT | (1.0) | % | (1.2) | % | (2.0) | % | ||
| Commission expense ratio | 13.9 | 14.2 | 13.2 | |||||
| Underwriting expense ratio | 24.9 | 24.8 | 27.9 | |||||
| Combined ratio | 95.0 | % | 96.9 | % | 96.0 | % | ||
| Combined ratio excluding LPT | 96.0 | % | 98.1 | % | 98.0 | % |
Losses and LAE represents our largest expense item and includes claim payments made, amortization of the Deferred Gain, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, estimates for future claim payments and changes in those estimates for current and prior periods, and costs associated with investigating, defending, and adjusting claims. The quality of our financial reporting depends in large part on accurately predicting our losses and LAE, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques.
Our current accident year loss estimate considers, and continues to benefit from, overall declines in the on-leveled frequency of compensable indemnity claims. Total claims costs have also been reduced by cost savings associated with our continued focus on accelerating claims settlements. We believe that our current accident year loss estimate is adequate; however, ultimate losses will not be known with any certainty for many years.
Additional information regarding our reserves for losses and LAE is set forth under "–Critical Accounting Estimates –Reserves for Losses and LAE."
Loss and LAE Ratio. We analyze our loss and LAE ratios on both a calendar year and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio includes changes made during the calendar year in reserves for losses and LAE established for insured events occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods.
The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE for reported events that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as the reserves established for insured events occurring during that year fluctuate.
Our calendar year loss and LAE ratio is analyzed to measure profitability in a particular year and to evaluate the adequacy of premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or unfavorable) of reserves established in prior periods. In contrast, our accident year loss and LAE ratios are analyzed to evaluate underwriting performance and the adequacy of the premium rates charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
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The table below reflects prior accident year loss and LAE reserve adjustments and the impact to loss ratio.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| (dollars in millions) | ||||||||||
| Current accident year losses and LAE - excluding LPT | $ | 457.8 | $ | 432.8 | $ | 366.5 | ||||
| Prior accident year favorable loss reserve development, net | (44.9) | (33.5) | (39.8) | |||||||
| Impact of LPT | (7.2) | (8.3) | (11.5) | |||||||
| Calendar year losses and LAE | $ | 405.7 | $ | 391.0 | $ | 315.2 | ||||
| Current accident year loss and LAE ratio | 63.4 | % | 64.1 | % | 63.8 | % | ||||
| Calendar year loss and LAE ratio | 56.2 | % | 57.9 | % | 54.9 | % | ||||
| Calendar year loss and LAE ratio - excluding LPT | 57.2 | % | 59.1 | % | 56.9 | % |
The increase in our calendar year losses and LAE from 2022 to 2023 was primarily due to higher earned premium, partially offset by higher net favorable prior year loss reserve development. Net favorable prior year loss reserve development in 2023 was $44.9 million versus $33.5 million in 2022. The increase in our calendar year losses and LAE from 2021 to 2022 was primarily due to higher earned premium, a higher accident year loss and LAE estimate and less net favorable prior year loss reserve development. Net favorable prior year loss reserve development recognized in 2022 was $33.5 million versus $39.8 million recognized in 2021.
The net favorable development recognized in 2023 was primarily the result of decreasing medical paid loss trends in California related to accident years 2020 and prior, partially offset by reserve strengthening related to accident year 2021. The rapid economic rebound following the COVID-19 pandemic led to large premium increases related to accident year 2021 that were recognized through policy audits in subsequent years. In response, we strengthened our reserves for accident year 2021 to reflect the potential for higher losses arising from the higher than expected premium.
The net favorable development recognized in 2022 was primarily the result of decreasing medical and indemnity paid loss trends related to accident years 2020 and prior.
The net favorable development recognized in 2021 was primarily the result of decreasing medical and defense and cost containment paid loss trends related to accident years 2017 and prior, due primarily to decreasing medical costs and defense and cost containment, partially offset by: (i) $10.0 million of unfavorable development related to accident year 2019, which is reflective of more weight being placed on now sufficiently seasoned loss trends and patterns originating in part from business written in our newer territories; and (ii) $8.0 million of unfavorable loss development associated with two catastrophic non-COVID-19 claims in accident year 2020.
Our current accident year loss and LAE ratios from 2021 to 2023 have remained largely consistent due to continued low indemnity claim frequency. In addition, our current accident year loss and LAE ratios continue to reflect the impact of key business initiatives: an emphasis on accelerated settlements of open claims; further diversifying our risk exposure across geographic markets, when appropriate; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across our markets.
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Excluding the impact from the LPT Agreement, losses and LAE would have been $412.9 million, $399.3 million, and $326.7 million, or 57.2%, 59.1%, and 56.9% of net premiums earned, for the years ended December 31, 2023, 2022, and 2021, respectively.
The table below reflects the impact of the LPT on Losses and LAE, which are recorded as a reduction to Losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss).
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| (in millions) | ||||||||||
| Amortization of the Deferred Gain related to losses | $ | 6.3 | $ | 6.8 | $ | 6.7 | ||||
| Amortization of the Deferred Gain related to contingent commission | 1.5 | 1.5 | 1.7 | |||||||
| Impact of LPT Reserve Adjustments(1) | (0.9) | — | 2.6 | |||||||
| Impact of LPT Contingent Commission Adjustments(2) | 0.3 | — | 0.5 | |||||||
| Total impact of the LPT | $ | 7.2 | $ | 8.3 | $ | 11.5 |
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss), such that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
(2)LPT Contingent Commission Adjustments result in an adjustment to the Contingent commission receivable - LPT Agreement, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income (Loss). (See Note 2 in the Notes to our Consolidated Financial Statements.)
Commission Expense Ratio.
Commission expenses include direct commissions to our agents and brokers, including our partnerships and alliances, for the premiums that they produce for us, as well as incentive payments, other marketing costs, and fees.
Our commission expense ratio was 13.9%, 14.2%, and 13.2%, and our commission expenses were $100.0 million, $95.9 million, and $76.1 million for the years ended December 31, 2023, 2022, and 2021, respectively. The decrease in the commission expense ratio from 2022 to 2023 was primarily related to a reduction for uncollected premium, which resulted in a reversal of commissions. The increase from 2021 to 2022 was primarily the result of an increase in agency incentive accruals, an increase in new business writings, which are subject to higher commission rates, and a reversal of commissions relating to non-compliant and uncollectible premium recorded in 2021.
Underwriting and General and Administrative Expense Ratio.
Underwriting and general and administrative expenses represent those costs that we incur to underwrite and maintain the insurance policies we issue, excluding commissions. Variable underwriting expenses, such as premium taxes, policyholder dividends, and those expenses that vary directly with the production of new or renewal business, are recognized as the associated premiums are earned. Fixed underwriting expenses, such as the operating expenses of EHI and its subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
Our underwriting and general and administrative expense ratio was 24.9%, 24.8%, and 27.9%, and our underwriting expenses were $180.0 million, $167.3 million, and $160.2 million for the years ended December 31, 2023, 2022, and 2021, respectively.
During 2023, our fixed underwriting expenses increased by $7.5 million, primarily the result of increases in payroll-related expenses and professional fees, partially offset by decreases in facilities and advertising expenses, and our variable underwriting expenses increased by $5.2 million, primarily due to higher policyholder dividends and our allowance for bad debt.
During 2022, our fixed underwriting expenses decreased by $2.5 million, primarily the result of a reduction in facilities and IT-related expenses, and our variable underwriting expenses increased by $9.6 million, primarily due to higher premium taxes and assessments.
II.Review of Non-Underwriting Results
Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments
We invest in fixed maturity securities, equity securities, other invested assets, short-term investments, and cash equivalents. Net investment income includes interest and dividends earned on our invested assets and amortization of premiums and discounts on our fixed maturity securities, less bank service charges and custodial and portfolio management fees.
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Net investment income was $106.5 million, $89.8 million, and $72.7 million for the years ended December 31, 2023, 2022, and 2021, respectively. The increase in 2023 was due to higher bond yields, partially offset by lower invested balances of fixed maturity securities and short-term investments, as measured by amortized cost. The increase in 2022 was primarily due to higher bond yields and higher invested balances of fixed maturity securities, short-term investments, and cash and cash equivalents, as measured by amortized cost. The average pre-tax ending book yield on our invested assets was 4.3%, 3.9%, and 3.0% at December 31, 2023, 2022, and 2021, respectively.
Realized and unrealized gains and losses on our investments are reported separately from our net investment income. Realized gains and losses on investments include the gain or loss on a security at the time of sale compared to its original or adjusted cost (equity securities) or amortized cost (fixed maturity securities). Realized losses are also recognized for changes in our CECL allowance or when securities are written down because of an other-than-temporary impairment. Changes in fair value of equity securities and other invested assets are also included in Net realized and unrealized gains and losses on investments on our Consolidated Statements of Comprehensive Income (Loss).
Net realized and unrealized gains (losses) on investments were $22.7 million, $(51.8) million, and $54.6 million for the years ended December 31, 2023, 2022, and 2021, respectively.
Net realized and unrealized gains (losses) on investments in 2023 included $27.0 million of net realized and unrealized gains on equity securities, $(8.0) million of net realized losses on fixed maturity securities, and $3.7 million of unrealized gains on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were largely concentrated in certain holdings in the financial and banking sectors and were partially offset by a decrease of $1.8 million in our allowance for CECL.
Net realized and unrealized gains (losses) on investments in 2022 included $(49.2) million of net realized and unrealized losses on equity securities, $(3.6) million of net realized losses on fixed maturity securities, and $1.0 million of unrealized gains on other invested assets. The net investments losses on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were primarily the result of rising market interest rates. The net investment losses on our fixed maturity securities we experienced in 2022 included a $4.3 million net increase in our allowance for CECL.
Net realized and unrealized gains on investments in 2021 included $45.6 million of net realized and unrealized gains on equity securities, $4.1 million of net realized gains on fixed maturity securities, and $4.9 million of unrealized gains on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were primarily the result of decreases in market interest rates. The net investment gains on our fixed maturity securities we experienced in 2021 included a $0.5 million net decrease in our allowance for CECL.
Additional information regarding our Investments is set forth under "–Liquidity and Capital Resources–Investments" and Note 5 in the Notes to our Consolidated Financial Statements.
Other (Loss) Income
Other (loss) income consists of net gains and losses on fixed assets, non-investment interest, and other miscellaneous income. Other (loss) income were $(0.2) million, $0.3 million, and $1.4 million for the years ended December 31, 2023, 2022, and 2021, respectively.
Interest and Financing Expenses
Interest and financing expenses include fees and interest associated with our $75.0 million three-year revolving credit facility, fees and interest associated with our various credit arrangements with the Federal Home Loan Bank of San Francisco (FHLB), finance lease interest, and other financing fees.
Interest and financing expenses were $5.8 million, $3.5 million, and $0.5 million for the years ended December 31, 2023, 2022, and 2021, respectively.
The increase in interest and financing expenses in December 31, 2023 and 2022, versus those of 2021, were the result of advances we received from the FHLB Standard Credit Program, all of which were repaid at December 31, 2023.
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Other Expenses
In 2023, we wrote-off $1.6 million of previously capitalized cloud computing costs associated with a policy management system as part of a continual evaluation of our ongoing technology initiatives. Additionally, we recorded a non-recurring charge in connection with the early termination of the lease associated with our former corporate headquarters in Reno, Nevada. This charge included a lease termination payment of $7.6 million, a write-off related to remaining leasehold improvements and furniture and equipment of $2.6 million, and estimated miscellaneous expenses associated with exiting the property of $0.2 million. We also recognized a lease termination gain pertaining to the elimination of the lease liability net of the right-of-use asset of $1.0 million. The decision to terminate this operating lease was undertaken as part of an ongoing review of our future facility needs.
In 2021, we recorded $3.1 million of employee severance costs resulting from a reduction-in-force, which was undertaken to better align our expenses with current revenues. We also wrote-off $1.0 million of previously capitalized costs relating to information technologies identified as no longer being utilized.
Income Tax Expense
Income tax expense was $30.3 million, $7.4 million, and $27.7 million for the years ended December 31, 2023, 2022, and 2021, respectively, representing effective tax rates of 20.4%, 13.3%, and 18.8% for the years ended December 31, 2023, 2022, and 2021, respectively.
On January 1, 2000, EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999 Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of the State of Nevada and therefore was not subject to federal income tax. Accordingly, any pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income.
Tax-advantaged investment income, pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, Deferred Gain amortization and certain other adjustments reduced our income tax expense computed at a statutory rate of 21% by $0.9 million, $4.3 million, and $3.3 million for the years ended December 31, 2023, 2022, and 2021, respectively.
In addition to the adjustments described above, our effective tax rate in 2022 was further reduced by a $1.4 million non-recurring Federal income tax benefit attributable to the repeal of Internal Revenue Code (IRC) section 847.
Additionally, we recognize deferred tax assets when we determine that such assets are more-likely-than-not to be realized in future periods. In making such a determination, we consider all available evidence, including future reversals of existing taxable temporary differences, tax-planning strategies, projected future taxable income, projected future tax rates, and results of recent operations. If it is determined that it is not more-likely-than-not that we could fully realize our deferred tax assets in future periods, we would establish a deferred tax asset valuation allowance that would increase our provision for income taxes. As of December 31, 2023, we did not require a deferred tax asset valuation allowance.
For additional information regarding our income tax expense see Note 8 in the Notes to our Consolidated Financial Statements.
Liquidity and Capital Resources
We believe that our total capital position remains strong and that the liquidity available to EHI and its subsidiaries remains adequate and will be sufficient for our financing needs in the next 12 months and in the longer term period thereafter. As a result, we do not currently foresee a need to: (i) suspend dividends at either EHI or its insurance subsidiaries; (ii) forego repurchases of EHI's common stock; (iii) seek additional capital; or (iv) seek any material non-investment asset sales.
EHI Liquidity
EHI is a holding company and its ability to fund its operations is contingent upon its existing capital and the ability of its subsidiaries to pay it dividends. Payment of dividends by EHI's insurance subsidiaries is restricted by state insurance laws and regulations, including laws establishing minimum solvency and liquidity thresholds. EHI requires cash to pay dividends to its stockholders, repurchase its common stock, provide additional surplus to its insurance subsidiaries, and fund its operating expenses.
Total cash and investments at the holding company were $45.8 million at December 31, 2023, consisting of $20.3 million of cash and cash equivalents, $1.3 million of fixed maturity securities and $24.2 million of equity securities.
On December 15, 2020, EHI entered into a Credit Agreement (the Credit Agreement) with a syndicate of financial institutions. The Credit Agreement provided EHI with a $75.0 million three-year revolving credit facility. Borrowings under the Credit Agreement could be used for working capital and general corporate purposes. Pursuant to the Credit Agreement, EHI also had the option to request an increase of the credit available under the facility, up to a maximum facility amount of $125.0 million, subject to the consent of lenders and the satisfaction of certain conditions.
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On February 16, 2023, the Credit Agreement was amended (the Amended Credit Agreement) to: (i) formally replace the Eurodollar interest rate option with an Adjusted term SOFR option; (ii) amend the definition of consolidated "net worth", as referred to within the Amended Credit Agreement; and (iii) amend the minimum consolidated net worth covenant for fiscal quarters ending after September 30, 2022.
The interest rates applicable to loans under the Amended Credit Agreement were generally based on, at EHI's option, a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Adjusted Term SOFR rate, plus a specified margin, ranging from 1.25% to 2.25%. In addition, EHI paid a fee on each lender's unused commitment, ranging from 0.20% to 0.50%. Total interest paid and/or fees incurred pursuant to the Amended Credit Agreement or Credit Agreement, as applicable, was $0.5 million for the year ended December 31, 2023 and $0.3 million for each of the years ended December 31, 2022 and 2021.
The Amended Credit Agreement contained covenants that require EHI and its consolidated subsidiaries to maintain: (i) a minimum consolidated net worth of no less than $900.0 million; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Amended Credit Agreement. EHI was in compliance with all the covenants associated with the Credit Agreement from its inception to its expiration on December 15, 2023.
EHI's insurance subsidiaries' ability to pay dividends and distributions is based on their reported capital, surplus, and dividends paid within the prior twelve months. For 2024, ECIC cannot pay any dividends through March 15, 2024 and can pay $23.3 million thereafter, without prior regulatory approval; EICN cannot pay any dividends through March 27, 2024 and can pay $13.7 million thereafter, without prior regulatory approval; EPIC cannot pay any dividends through July 14, 2024, and can pay $23.2 million thereafter, without prior regulatory approval; EAC cannot pay any dividends through July 14, 2024, and can pay $22.4 million thereafter, without prior regulatory approval; and CIC cannot pay dividends through September 20, 2024, without prior regulatory approval, and $5.7 million thereafter.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments, proceeds from FHLB advances, and reinsurance recoveries. The primary uses of cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting and general and administrative expenses, ceded reinsurance, repayments of FHLB advances, investment purchases and dividends paid to their parent.
Total cash and investments held by our operating subsidiaries was $2,458.9 million at December 31, 2023, consisting of $206.3 million of cash, cash equivalents, and restricted cash, $1,935.0 million of fixed maturity securities, $193.0 million of equity securities, $33.1 million of short-term investments, and $91.5 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as of December 31, 2023 consisted of $206.1 million of cash and cash equivalents, $187.0 million of publicly-traded equity securities whose proceeds are available within three business days, $573.2 million of highly liquid fixed maturity securities whose proceeds are available within three business days, and $11.0 million of short-term investments whose proceeds are available within three business days. We believe that our subsidiaries' liquidity needs over the next 12 months and for the longer term period thereafter will be met with cash from operations, investment income, and maturing investments.
All of our insurance subsidiaries are members of the FHLB. Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on statutory admitted assets on a per company basis.
During 2022, our insurance subsidiaries, with the exception of CIC, had received aggregate advances of $182.5 million under the FHLB Standard Credit Program. These advances could be repaid at any time without penalty and were collateralized by eligible investment securities. The proceeds from these advances were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. The Company's weighted average annual interest rate on these advances was 5.11% for 2023. Interest incurred and paid during the year ended December 31, 2023 each totaled $5.3 million, and in 2022 totaled $3.0 million and $2.3 million, respectively. In 2023, our insurance subsidiaries repaid all of their advances under the FHLB Standard Credit Program.
In 2020, the FHLB launched its Recovery Advance Program. The Recovery Advance Program is a zero percent interest, six-month or one-year credit product that members could use to provide immediate relief to property owners, businesses, and other customers struggling with the financial impacts of the COVID-19 pandemic. Each FHLB member was allocated up to $10.0 million in advances under the Recovery Advance Program. On May 11, 2020, our insurance subsidiaries, with the exception of CIC, received a total of $35.0 million of advances from the FHLB under the Recovery Advance Program. The advances were secured by collateral previously pledged to the FHLB by our insurance subsidiaries in support of their existing collateralized advance facility, which was reduced by the amount of these outstanding advances. Our insurance subsidiaries repaid $15.0 million of such advances on November 4, 2020, $5.0 million on March 31, 2021, and $15.0 million on May 4, 2021.
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FHLB membership also allows our insurance subsidiaries access to Letter of Credit Agreements and on March 9, 2018, ECIC, EPIC, and EAC entered into Letter of Credit Agreements with the FHLB. On January 26, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB and EPIC to decrease its respective credit amount. On August 13, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB, ECIC and EAC to decrease their respective credit amounts. The amended Letter of Credit Agreements are between the FHLB and each of EAC, in the amount of $25.0 million, ECIC, in the amount of $35.0 million, and EPIC, in the amount of $10.0 million. The amended Letter of Credit Agreements in effect will expire on March 31, 2024 and may only be used to satisfy, in whole or in part, insurance deposit requirements with the State of California and are fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements).
We purchase reinsurance to protect us against the costs of severe claims and catastrophic events, including pandemics. On July 1, 2023, we entered into a new reinsurance program that is effective through June 30, 2024. The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage. Our reinsurance coverage is $190.0 million in excess of our $10.0 million retention on a per occurrence basis, subject to certain exclusions. We believe that our reinsurance program meets our needs and that we are sufficiently capitalized.
Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by the National Association of Insurance Commissioners. The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action at December 31, 2023.
Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of $748.1 million and $745.9 million were on deposit at each of December 31, 2023 and 2022, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of $70.0 million of securities on deposit at December 31, 2023 and 2022.
Certain reinsurance contracts require company funds to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we have assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was $3.0 million and $2.7 million at December 31, 2023 and 2022, respectively.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as collectively as a consolidated group. We use trend and variance analyses to project future cash needs, making adjustments to our forecasts as appropriate.
The table below shows our net cash flows. For additional information regarding our cash flows, see Item 8, Consolidated Statements of Cash Flows.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| Cash, cash equivalents, and restricted cash provided by (used in): | (in millions) | |||||||||
| Operating activities | $ | 49.4 | $ | 99.8 | $ | 10.8 | ||||
| Investing activities | 377.3 | (146.1) | (1.7) | |||||||
| Financing activities | (289.5) | 60.4 | (94.4) | |||||||
| Increase (decrease) in cash, cash equivalents, and restricted cash | $ | 137.2 | $ | 14.1 | $ | (85.3) |
Operating Activities
Net cash provided by operating activities in 2023 included net premiums received of $703.4 million and investment income received of $111.6 million. These operating cash inflows were partially offset by net claims payments of $471.6 million, underwriting and general and administrative expenses paid of $157.3 million, commissions paid of $92.7 million, interest and financing fees paid of $5.8 million, lease termination and related disposal payments of $7.8 million, and federal income taxes paid of $30.4 million.
Net cash provided by operating activities in 2022 included net premiums received of $646.2 million and investment income received of $88.3 million. These operating cash inflows were partially offset by net claims payments of $387.7 million, underwriting and general and administrative expenses paid of $145.8 million, commissions paid of $82.6 million, interest and financing fees paid of $3.5 million, and federal income taxes paid of $15.1 million.
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Net cash provided by operating activities in 2021 included net premiums received of $568.0 million and investment income received of $82.0 million. These operating cash inflows were partially offset by net claims payments of $394.6 million, underwriting and general and administrative expenses paid of $141.0 million, commissions paid of $74.8 million, and federal income taxes paid of $28.2 million.
Investing Activities
Net cash provided by investing activities in 2023 related primarily to investment sales, maturities, and redemptions whose proceeds were used to fund claims payment, underwriting and general and administrative expenses, stockholder dividend payments, common stock repurchases, and to repay FHLB advances. The cash provided by these activities were largely offset by investments of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Net cash used in investing activities in 2022 related primarily to FHLB advances received, and reinvestment of funds from investment sales, maturities, redemptions, and interest income. These investing cash outflows were partially offset by investment sales, maturities and redemptions whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Net cash used in investing activities in 2021 related primarily to the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income. These investing cash outflows were largely offset by sales, maturities, and redemptions of investments whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Financing Activities
Net cash used in financing activities in 2023 related primarily to stockholder dividend payments, common stock repurchases, and repayments of FHLB advances.
Net cash provided by financing activities in 2022 related primarily to FHLB advances received, partially offset by common stock repurchases and stockholder dividend payments. During the year ended December 31, 2022, we borrowed and repaid $10.0 million under the Credit Agreement.
Net cash used in financing activities in 2021 included common stock repurchases and stockholder dividend payments and repayments of FHLB advances. During the year ended December 31, 2021, we borrowed and repaid $27.0 million under the Credit Agreement.
Dividends. We paid $29.7 million, $28.8 million, and $29.0 million in regular quarterly dividends to our stockholders and eligible plan award holders in 2023, 2022, and 2021, respectively. We also paid $27.5 million and $34.0 million in special dividends to our stockholders in June 2022 and December 2022. The declaration and payment of future dividends to common stockholders will be at the discretion of our Board and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors our Board deem relevant. On February 14, 2024, the Board declared a $0.28 quarterly dividend per share, payable March 13, 2024, to stockholders of record on February 28, 2024.
Repurchases of Common Stock. We repurchased $77.1 million, $30.4 million and $42.2 million of our common stock in 2023, 2022, and 2021, respectively. On July 26, 2023, our Board authorized a new stock repurchase authorization for repurchases of up to $50.0 million of our common stock from July 31, 2023 through December 31, 2024 (the 2023 Program). The 2023 Program replaced its former program (the 2021 Program) that was set to expire on December 31, 2023. Future repurchases of our common stock will be at the discretion of our Board and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and social economic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board deem relevant. As of December 31, 2023, we had a remaining common stock repurchase authorization of $21.0 million. See Item 5, Issuer Purchases of Equity Securities.
Capital Resources
As of December 31, 2023, the capital resources available to us consisted of $1,013.9 million of stockholders' equity and the $99.2 million Deferred Gain.
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Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years ended December 31, 2023, 2022, and 2021:
| December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2023 | 2022 | 2021 | ||||||||
| (in millions) | ||||||||||
| Beginning Balance | $ | 944.2 | $ | 1,213.1 | $ | 1,212.8 | ||||
| Stock-based obligations | 6.1 | 5.1 | 9.1 | |||||||
| Stock options exercised | 0.7 | 1.1 | 1.1 | |||||||
| Shares withheld to satisfy minimum tax withholdings for certain stock-based obligations | (1.6) | (2.3) | (3.8) | |||||||
| Acquisition of common stock | (77.1) | (30.4) | (42.2) | |||||||
| Dividends declared on common stock and eligible plan awards | (29.4) | (91.3) | (28.7) | |||||||
| Net income for the year | 118.1 | 48.4 | 119.3 | |||||||
| Change in net unrealized gains (losses) on investments, net of taxes | 52.9 | (199.5) | (54.5) | |||||||
| Ending Balance | $ | 1,013.9 | $ | 944.2 | $ | 1,213.1 |
Deferred Gain. The Deferred Gain, which totaled $99.2 million and $106.1 million as of December 31, 2023 and 2022, respectively, reflects the unamortized gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated Financial Statements.
Contractual Obligations and Commitments
Other than operating expenses, current and long-term cash requirements include the following contractual obligations and commitments as of December 31, 2023:
Leases
We have entered into lease arrangements for certain equipment and facilities. As of December 31, 2023, we had lease payment obligations of $6.2 million, with $1.8 million payable within 12 months. In 2023, we incurred a non-recurring charge in connection with the early termination of the lease associated with our former corporate headquarters in Reno, Nevada. This payment included a one-time lease termination payment of $7.6 million.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As of December 31, 2023, we had other purchase obligations of $17.0 million, with $6.3 million payable within 12 months.
Unfunded Investment Commitments
We have investments in private equity limited partnerships that require capital distributions to fund the investments and can be called at any time. As of December 31, 2023, we had unfunded investment commitments of $25.4 million.
Unpaid Losses and LAE reserves
We have developed unpaid losses and LAE reserves payment patterns that are computed based on historical information. Our calculation of loss and LAE reserve payments by period is subject to the same uncertainties associated with determining the level of reserves and to the additional uncertainties arising from the difficulty of predicting when claims (including claims that have not yet been reported to us) will be paid. Actual payments of losses and LAE by period will vary, perhaps materially, to the extent that current estimates of losses and LAE reserves vary from actual ultimate claims amounts due to variations between expected and actual payout patterns. As of December 31, 2023, we had unpaid losses and LAE reserves of $1,884.5 million, with $309.2 million payable within 12 months. For a discussion of our reserving process, see ''–Critical Accounting Estimates–Reserves for Losses and LAE.''
The unpaid losses and LAE expense payment patterns are gross of reinsurance recoverables for unpaid losses. As of December 31, 2023, we had reinsurance recoverables on unpaid losses and LAE of $405.3 million, of which $30.3 million is currently expected to be received within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total return; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income, which may fluctuate with changes in interest rates and our current investment
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strategies.
Our Investment Managers follow our written investment guidelines, which are approved by the Finance Committee of the Board. Our asset allocation is reevaluated by management and reviewed by the Finance Committee of the Board on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives.
As of December 31, 2023, our investment portfolio consisted of 85% fixed maturity securities which had a duration of 4.5 at December 31, 2023. Our investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be "A," using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity securities portfolio had a weighted average quality of "A" as of December 31, 2023. Other securities within fixed maturity securities consist of bank loans, which are classified as AFS and are reported at fair value.
Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of $211.2 million at December 31, 2023, which represented 9% of our investment portfolio at that time. We also have a $6.0 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period.
Our other invested assets made up 4% of our investment portfolio at December 31, 2023 and include private equity limited partnerships. Our investments in private equity limited partnerships totaled $91.5 million at December 31, 2023 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 3 to 12 years, subject to two or three one-year extensions at the general partner's discretion. We expect to receive distributions of proceeds from dividends and interest from fund investments, as well as from the disposition of a fund investment or portion thereof, from time-to-time during the full course of the fund term. As of December 31, 2023, we had unfunded commitments to these private equity limited partnerships totaling $25.4 million.
We believe that our current asset allocation meets our strategy to preserve capital for claims and policy liabilities and to provide sufficient capital resources to support and grow our ongoing insurance operations.
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The following table shows the estimated fair value, the percentage of the fair value to total invested assets, and the average ending book yield (each based on the book value of each category of invested assets) as of December 31, 2023.
| Category | Estimated Fair Value | Percentage of Total | Book Yield | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| (in millions, except percentages) | ||||||||||
| U.S. Treasuries | $ | 58.4 | 2.7 | % | 3.0 | % | ||||
| U.S. Agencies | 2.1 | 0.1 | 2.9 | |||||||
| States and municipalities | 210.2 | 9.6 | 3.9 | |||||||
| Corporate securities | 895.8 | 41.1 | 3.8 | |||||||
| Residential mortgaged-backed securities | 362.2 | 16.6 | 3.4 | |||||||
| Commercial mortgaged-backed securities | 63.8 | 2.9 | 3.8 | |||||||
| Asset-backed securities | 128.0 | 5.9 | 5.2 | |||||||
| Collateralized loan obligations | 91.5 | 4.2 | 7.4 | |||||||
| Foreign government securities | 10.4 | 0.5 | 2.8 | |||||||
| Other securities | 113.9 | 5.2 | 8.0 | |||||||
| Equity securities | 211.2 | 9.7 | 3.2 | |||||||
| Short-term investments | 33.1 | 1.5 | 5.4 | |||||||
| Total investments at fair value | $ | 2,180.6 | 100.0 | % | ||||||
| Weighted average ending yield | 4.3 | % |
The following table shows the percentage of total estimated fair value of our fixed maturity securities as of December 31, 2023 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P.
| Rating | Percentage of Total Estimated Fair Value | ||
|---|---|---|---|
| "AAA" | 9.1 | % | |
| "AA" | 36.2 | ||
| "A" | 30.9 | ||
| "BBB" | 14.7 | ||
| Below Investment Grade | 9.1 | ||
| Total | 100.0 | % |
Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes. We also make a determination as to whether it is more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity.
In addition to recognizing realized gains and losses upon the disposition of an investment security, we also recognize realized gains or losses on AFS debt securities for changes in CECL. We maintained a CECL allowance of $2.7 million, $4.5 million and $0.2 million on AFS debt securities as of December 31, 2023, 2022, and 2021, respectively. The decrease of $1.8 million in 2023 was due to the sale of securities that previously had an allowance and the stabilization in the financial markets, which decreased our current provision. The remaining fixed maturity securities whose total fair value was less than amortized cost at December 31, 2023, 2022, and 2021, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost.
For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains and losses on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both the use of estimates and judgment, relative to the application of appropriate accounting policies, which include the recognition of premium revenue, recoverability of deferred income taxes, and valuation of investments. Our accounting policies are described in Note 2 to our Consolidated Financial
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Statements, however, we believe that the following matters are particularly important to understand our financial statements because changes in these estimates or changes in the assumptions used to make them could have a material impact on our results of operations, financial condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our reserves for each accident year and represents our best estimate of outstanding loss reserves.
The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve development is unfavorable when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development is reflected in our operating results through an adjustment to incurred losses and LAE during the period in which it is recognized.
Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money, in accordance with GAAP.
The three main components of our loss reserves are case reserves, incurred but not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the ultimate cost of each claim (case reserves). These case reserves are continually monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (a) future payments on claims that are incurred but have not yet been reported to us; (b) a reserve for the additional development on claims that have been reported to us; and (c) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims.
LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other.
We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
Our loss reserves (gross and net of reinsurance), including the main components of such reserves, were as follows:
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2023 | 2022 | |||||
| (in millions) | ||||||
| Case reserves | $ | 924.2 | $ | 917.6 | ||
| IBNR | 695.7 | 771.7 | ||||
| LAE reserves | 264.6 | 271.4 | ||||
| Gross unpaid losses and LAE reserves | 1,884.5 | 1,960.7 | ||||
| Less reinsurance recoverable on unpaid losses and LAE, excluding CECL allowance | 428.4 | 445.4 | ||||
| Net unpaid losses and LAE reserves | $ | 1,456.1 | $ | 1,515.3 |
We use actuarial methods to analyze and estimate the aggregate amount of loss reserves. Management considers the results of various actuarial methods and their underlying assumptions, among other factors, in establishing loss reserves.
Judgment is required in the actuarial estimation of loss reserves, including the selection of various actuarial methodologies to project the ultimate cost of claims. Specifically, judgment is required in the following areas: the selection of parameters utilized in the various methodologies; the use of industry data and other benchmarks; and the weighting of differing reserve indications resulting from alternative methods and assumptions. The adequacy of our ultimate loss reserves is inherently uncertain and
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represents a significant risk to our business. We attempt to mitigate this risk through our claims management processes and by monitoring and reacting to statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business.
We prepared reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims.
Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims.
We separately analyzed LAE and estimated unpaid LAE. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms.
The ranges of estimates of loss reserves produced are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods.
Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current actuarial analyses, including a review of the assumptions and the results of the various actuarial methods used. We conducted comprehensive studies in the second and fourth quarters. On the alternate quarters, we update the results of the preceding quarter's studies for actual claim payment and case reserve activity.
The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE at December 31 for the last three years, we reviewed and considered the following: (a) our actuaries' assumptions, point estimates, and ranges; and (b) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances.
The table below provides the actuarial range of loss reserves and LAE, net of reinsurance, that management considered when selecting its best estimate and our carried reserves.
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2023 | 2022 | |||||
| (in millions) | ||||||
| Low end of actuarial range | $ | 1,316.8 | $ | 1,365.8 | ||
| Carried reserves | 1,456.1 | 1,515.3 | ||||
| High end of actuarial range | 1,631.7 | 1,687.3 |
As of December 31, 2023, California and Nevada loss reserves represented approximately 65% of our total net loss reserves on our Consolidated Balance Sheet.
In California, our recent loss experience shows a slight upward trend in indemnity severity, likely driven by wage increases, and a slight downward trend in medical severity. Our indemnity claims frequency (the number of claims expressed as a percentage of on-leveled premium) has been decreasing. We believe our claims practices, including our continued emphasis on accelerating claims settlements, as well as our various underwriting initiatives, have contributed to our favorable results in California.
In Nevada, we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN. The emergence of claims payments in recent years has been generally consistent with expectations which has resulted in relatively minor changes in reserve estimates. Nevada statutorily prohibits entering into full and final settlement of claims, therefore, paid losses largely reflect stable and consistent periodic payments, particularly for indemnity benefits.
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Our insurance subsidiaries have been operating in a period characterized by changing environmental conditions in our major markets, entry into new markets, and operational changes. During periods characterized by such changes, at each evaluation, the actuaries and management must make judgments as to the relative weight to accord to long-term historical company data, more recent company data, and external data. We also consider the impact of environmental and operational changes and other factors when selecting the methods used to project ultimate losses and LAE, the parameters to incorporate in those methods, and the relative weights applied to those methods.
An internal initiative that began in 2014 emphasizes the settlement of open claims. This initiative has actively driven a significant increase in claims settlement activity and has primarily affected accident years 2009 and forward. However, this activity slowed down during the height of the COVID-19 pandemic in 2020 and 2021.
Approximately 54% of our claims payments during the three years ended December 31, 2023 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. However, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves at December 31, 2023, we estimate that future medical costs over the lifetime of current claims would increase by approximately $74.0 million on a net-of-reinsurance basis. Under the current elevated inflationary environment, additional inflationary considerations were included in determining the level and adequacy of our reserves, and particular consideration was given to medical and hospital inflation rates as these inflation rates have historically exceeded general inflation rates.
Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial range, the impact on our financial results would have been as follows:
| December 31, | ||||||
|---|---|---|---|---|---|---|
| 2023 | 2022 | |||||
| Increase (decrease) in reserves (1) | (in millions) | |||||
| At low end of range | $ | (139.3) | $ | (149.5) | ||
| At high end of range | 175.6 | 172.0 | ||||
| Increase (decrease) in stockholders' equity and net income | ||||||
| At low end of range | $ | 110.0 | $ | 118.1 | ||
| At high end of range | (138.7) | (135.9) |
(1) The range of actuarial indications captures the range of reasonable estimates and is asymmetrical (e.g. not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics than any one model or actuarial methodology can represent, and each methodology is an approximation of these complex forces and dynamics. None of the methods are designed or intended to produce an indication that is systematically higher or lower than the other methods. At any given evaluation date, some of the actuarial projection methods produce indications outside the actuary's selected range. Accordingly, we believe that the range of potential outcomes is considerably wider than the actuarially estimated range of the most likely outcomes. We have no basis for anticipating whether actual future payments of losses and LAE may be either greater than or less than the loss reserves currently on our Consolidated Balance Sheets.
Additionally, any adjustment to the estimated ceded reserves under the LPT Agreement results in a cumulative adjustment to the Deferred Gain, which is also included in losses and LAE incurred in the Consolidated Statements of Comprehensive Income (Loss), so that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. The table below provides the actuarial range of estimated liabilities for gross loss reserves under the LPT Agreement and our carried reserves.
| As of December 31, | ||
|---|---|---|
| 2023 | ||
| (in millions) | ||
| Low end of actuarial range | $ | 277.4 |
| LPT carried reserves | 291.7 | |
| High end of actuarial range | 300.6 |
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Reinsurance Recoverables
Reinsurance recoverables represent: (a) amounts currently due from reinsurers on paid losses and LAE; (b) amounts recoverable from reinsurers on estimates of reported losses; and (c) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves, and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts due from reinsurers have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the A.M. Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process.
Under the LPT Agreement, the Fund initially ceded $1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior to July 1, 1995 for consideration of $775.0 million in cash. The estimated remaining liabilities subject to the LPT Agreement were $291.7 million as of December 31, 2023. Losses and LAE paid with respect to the LPT Agreement totaled $877.6 million at December 31, 2023. We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a deferred reinsurance gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income (Loss).
Additionally, we are entitled to receive a contingent profit commission under the LPT Agreement. The contingent profit commission is an amount based on the favorable difference between actual paid losses and LAE and expected paid losses and LAE as established in the LPT Agreement. The calculation of actual amounts paid versus expected amounts is determined every five years beginning June 30, 2004 and ending June 30, 2024. We are paid 30% of the favorable difference between the actual and expected losses and LAE paid at each calculation point. Each quarter, management records its best estimate of the estimated ultimate contingent profit commission through June 30, 2024, which is impacted by estimates for ceded losses and LAE. The Deferred Gain related to the contingent profit commission is amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries over the life of the contingent profit commission, or through June 30, 2024, and is recorded in losses and LAE incurred in the accompanying Consolidated Statements of Comprehensive Income (Loss). Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Contingent commission receivable–LPT Agreement and the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income (Loss).
New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary of all recently issued and recently adopted accounting standards.
FY 2022 10-K MD&A
SEC filing source: 0001379041-23-000024.
Item 7. Management's Discussion and Analysis of Consolidated Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to a number of factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
Overview
We are a Nevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to select, small businesses primarily in low-to-medium hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughout the United States, with a concentration in California, where 45% of our in-force premiums are generated. Our revenues are primarily comprised of net premiums earned, net investment income, and net realized and unrealized gains and losses on investments.
We target small businesses, as we believe that this market is traditionally characterized by more attractive pricing, and stronger persistency when compared to the U.S. workers' compensation insurance industry in general. We believe we are able to price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term top-line revenue growth.
The insurance industry is highly competitive, and there is significant competition in the national workers' compensation industry that is based on price and quality of services. We compete with other specialty workers' compensation carriers, state agencies, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
The effects of supply chain interruptions, lingering U.S labor market shortages impacting certain employer classifications that we insure, inflationary pressures, monetary and fiscal policy measures, overall general economic instability and the COVID-19 pandemic have continued to cause disruptions in business activity. All states, including California, where we generated 45% of our in-force premiums as of December 31, 2022, have experienced adverse economic impacts. Certain classes of business that we insure continue to be adversely and disproportionately affected by these challenges.
Our premium growth in 2022 is the result of higher new and renewal business premiums and final audit premiums. The growth in new business premiums we experienced in 2022 was largely driven by our expansion in the classes of business we offer and our growing number of collaborations with strategic business partners. As a result of these initiatives, we closed the year with a record number of policies in-force. As U.S. labor market shortages improve and wage inflation continues, we expect that rising payrolls will continue to bring further improvement to our top line.
We continually review and adjust to changes in our policyholders' payrolls, economic conditions, and seasonality, as experience develops or new information becomes known. Any such adjustments are included in our current operations and are made periodically through mid-term endorsements and/or premium audits. We increased our final audit premium accruals by $24.6 million and recognized $34.8 million of audit premium pick-up in 2022, as our payroll exposure improved with U.S. labor market strengthening and rising wages.
Recent increases in market interest rates have negatively impacted the fair value of our fixed maturity investments in 2022. In addition, economic and market disruptions caused by inflationary pressures and geo-political conditions have negatively impacted the fair value of our equity securities in 2022. The negative impacts to our investment portfolio experienced in 2022 have consisted primarily of unrealized investment losses. Conversely, the recent increases in market interest rates have favorably impacted our net investment income throughout 2022.
While we have no international operations, the geo-political uncertainties associated with the ongoing Russia and Ukraine conflict have indirectly impacted the value of our investment portfolio.
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Results of Operations
Our results of operations for the three year period ending December 31, 2022 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 714.2 | $ | 589.7 | $ | 580.1 | ||||
| Net premiums written | $ | 707.2 | $ | 583.1 | $ | 574.9 | ||||
| Net premiums earned | $ | 675.2 | $ | 574.4 | $ | 615.3 | ||||
| Net investment income | 89.8 | 72.7 | 76.3 | |||||||
| Net realized and unrealized (losses) gains on investments | (51.8) | 54.6 | 19.0 | |||||||
| Other income | 0.3 | 1.4 | 0.8 | |||||||
| Total revenues | 713.5 | 703.1 | 711.4 | |||||||
| Losses and LAE | 391.0 | 315.2 | 302.4 | |||||||
| Commission expense | 95.9 | 76.1 | 78.8 | |||||||
| Underwriting and general and administrative expenses | 167.3 | 160.2 | 181.3 | |||||||
| Interest and financing expenses | 3.5 | 0.5 | 0.4 | |||||||
| Other expenses | — | 4.1 | 0.8 | |||||||
| Total expenses | 657.7 | 556.1 | 563.7 | |||||||
| Net income before income taxes | 55.8 | 147.0 | 147.7 | |||||||
| Income tax expense | 7.4 | 27.7 | 27.9 | |||||||
| Net income | $ | 48.4 | $ | 119.3 | $ | 119.8 |
Overview
Our net income was $48.4 million, $119.3 million, and $119.8 million in 2022, 2021, and 2020, respectively. The key factors that affected our financial performance during those years included:
•Net premiums earned increased 17.5% in 2022 and decreased 6.6% in 2021, each compared to the previous year;
•Losses and LAE increased 24.0% in 2022 and 4.2% in 2021, each compared to the previous year;
•Underwriting and general and administrative expenses increased 4.4% in 2022 and decreased 11.6% in 2021, each compared to the previous year;
•Underwriting income was $21.0 million, $22.9 million and $52.8 million in 2022, 2021, and 2020, respectively;
•Net investment income increased 23.5% in 2022 and decreased 4.7% in 2021, each compared to the previous year; and
•Net realized and unrealized (losses) gains on investments were $(51.8) million, $54.6 million, and $19.0 million in 2022, 2021, and 2020, respectively.
Summary of Consolidated Financial Results
Gross Premiums Written
Gross premiums written were $714.2 million, $589.7 million, and $580.1 million for the years ended December 31, 2022, 2021, and 2020, respectively. The period over period changes in gross premiums earned during 2022, 2021, and 2020 were primarily related to our Employers segment. See –Summary of Financial Results by Segment –Employers.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments
We invest in fixed maturity securities, equity securities, other invested assets, short-term investments, and cash equivalents. Net investment income includes interest and dividends earned on our invested assets and amortization of premiums and discounts on our fixed maturity securities, less bank service charges and custodial and portfolio management fees.
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Net investment income was $89.8 million, $72.7 million, and $76.3 million for the years ended December 31, 2022, 2021, and 2020, respectively. The increase in 2022 was primarily due to higher market interest rates impacting bond yields and higher invested balances of fixed maturity securities, short-term investments, and cash and cash equivalents, as measured by amortized cost. The decrease in 2021 was primarily due to lower interest rates impacting bond yields. The average pre-tax ending book yield on our invested assets was 3.9%, 3.0%, and 3.0% at December 31, 2022, 2021, and 2020, respectively.
Realized and unrealized gains and losses on our investments are reported separately from our net investment income. Realized gains and losses on investments include the gain or loss on a security at the time of sale compared to its original or adjusted cost (equity securities) or amortized cost (fixed maturity securities). Realized losses are also recognized for changes in our CECL allowance or when securities are written down as a result of an other-than-temporary impairment. Changes in fair value of equity securities and other invested assets are also included in Net realized and unrealized gains and losses on investments on our Consolidated Statements of Comprehensive (Loss) Income.
Net realized and unrealized (losses) gains on investments were $(51.8) million, $54.6 million, and $19.0 million for the years ended December 31, 2022, 2021, and 2020, respectively.
Net realized and unrealized (losses) gains on investments in 2022 included $(49.2) million of net realized and unrealized losses on equity securities, $(3.6) million of net realized losses on fixed maturity securities, and $1.0 million of unrealized gains on other invested assets. The net investment losses on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment losses on our fixed maturity securities were primarily the result of rising market interest rates. The net realized losses on our fixed maturity securities we experienced in 2022 included a $4.3 million net increase in our allowance for CECL.
Net realized and unrealized gains on investments in 2021 included $45.6 million of net realized and unrealized gains on equity securities, $4.1 million of net realized gains on fixed maturity securities, and $4.9 million of unrealized gains on other invested assets. The net investments gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were primarily the result of decreases in market interest rates. The net investment gains on our fixed maturity securities we experienced in 2021 included a $0.5 million net decrease in our allowance for CECL.
Net realized and unrealized gains on investments in 2020 included $15.8 million of net realized and unrealized gains on equity securities, $4.5 million of net realized gains on fixed maturity securities and short-term investments, and $(1.3) million of unrealized losses on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were primarily the result of decreases in market interest rates. The net investment gains on our fixed maturity securities we experienced in 2020 included a $0.7 million net increase in our allowance for CECL.
Additional information regarding our Investments is set forth under "–Liquidity and Capital Resources–Investments" and Note 5 in the Notes to our Consolidated Financial Statements.
Other Income
Other income consists of net gains and losses on fixed assets, non-investment interest, installment fee revenue, and other miscellaneous income. Beginning in 2022, installment fee revenue is included within our net investment income.
Losses and LAE
Losses and LAE represents our largest expense item and includes claim payments made, amortization of the Deferred Gain, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, estimates for future claim payments and changes in those estimates for current and prior periods, and costs associated with investigating, defending, and adjusting claims. The quality of our financial reporting depends in large part on accurately predicting our losses and LAE, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques.
Our current accident year loss estimate continues to consider, and benefit from, overall declines in the on-leveled frequency of compensable indemnity claims. Total claims costs have also been reduced by cost savings associated with our continued focus on accelerating claims settlements. We believe that our current accident year loss estimate is adequate; however, ultimate losses will not be known with any certainty for many years
Additional information regarding our reserves for losses and LAE is set forth under "–Critical Accounting Estimates –Reserves for Losses and LAE." See also, "–Summary of Financial Results by Segment –Employers."
Commission Expenses
Commission expenses include direct commissions to our agents and brokers, including our partnerships and alliances, for the premiums that they produce for us, as well as incentive payments, other marketing costs, and fees. See "–Summary of Financial Results by Segment –Employers."
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Underwriting and General and Administrative Expenses
Underwriting expenses represent those costs that we incur to underwrite and maintain the insurance policies we issue, excluding commissions. Direct underwriting expenses, such as premium taxes, policyholder dividends, and those expenses that vary directly with the production of new or renewal business, are recognized as the associated premiums are earned. Indirect underwriting expenses, such as the operating expenses of each of the Company's subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
General and administrative expenses of the holding company are excluded from the underwriting expense ratios of our reportable segments.
Interest and Financing Expenses
Interest and financing expenses include fees and interest associated with our $75.0 million three-year revolving credit facility, fees and interest associated with our various credit arrangements with the Federal Home Loan Bank of San Francisco (FHLB), finance lease interest, and other financing fees.
Other Expenses
In 2021, we recorded $3.1 million of employee severance costs resulting from a reduction-in-force, which was undertaken to better align our expenses with current revenues. We also wrote off $1.0 million of previously capitalized costs relating to information technologies identified as no longer being utilized. In 2020, as a result of the effectiveness of our work-from-home transition, we reduced our real estate footprint and closed and vacated various office locations and, accordingly, we recorded charges of $0.8 million related to the abandonment of certain operating leases.
Income Tax Expense
Income tax expense was $7.4 million, $27.7 million, and $27.9 million for the years ended December 31, 2022, 2021, and 2020, respectively, representing effective tax rates of 13.3%, 18.8%, and 18.9% for the years ended December 31, 2022, 2021, and 2020, respectively.
On January 1, 2000, EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999 Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of the State of Nevada and therefore was not subject to federal income tax. Accordingly, any pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income.
Tax-advantaged investment income, pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, Deferred Gain amortization and certain other adjustments reduced our income tax expense computed at a statutory rate of 21% by $4.3 million, $3.3 million, and $3.1 million for the years ended December 31, 2022, 2021, and 2020, respectively.
In addition to the adjustments described above, our effective tax rate in 2022 was further reduced by a $1.4 million non-recurring Federal income tax benefit attributable to the repeal of Internal Revenue Code section 847.
Additionally, we recognize deferred tax assets when we determine that such assets are more-likely-than-not to be realized in future periods. In making such a determination, we consider all available evidence, including future reversals of existing taxable temporary differences, tax-planning strategies, projected future taxable income, projected future tax rates, and results of recent operations. If it is determined that it is not more-likely-than-not that we could fully realize our deferred tax assets in future periods, we would establish a deferred tax asset valuation allowance that would increase our provision for income taxes.
In assessing the need for a deferred tax asset valuation allowance, we are required to make certain judgments and assumptions about our future operations based on historical experience and information regarding reversals of existing temporary differences, carryback capacity, future taxable income and tax planning strategies. Recent events, including changes in market interest rates and significant financial market volatility, have caused us to recognize a net capital deferred tax asset in the amount of $24.7 million at December 31, 2022, as compared to a net capital deferred tax liability of $43.5 million at December 31, 2021. We are currently utilizing tax planning strategies in our assessment of the realizability of a portion of our net capital deferred tax asset at December 31, 2022. These tax planning strategies include the potential sale of selected securities that are currently in a net unrealized gain position for tax purposes to offset future expiring capital loss carryforwards, as well as the holding fixed maturity securities that are currently in a net unrealized loss position for tax purposes until recovery or maturity, if needed, to avoid future expiring capital loss carryforwards. As of December 31, 2022, we did not require a deferred tax asset valuation allowance.
For additional information regarding our income tax expense see Note 8 in the Notes to our Consolidated Financial Statements.
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Summary of Financial Results by Segment
EMPLOYERS
The components of net income before income taxes for our Employers segment are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| ($ in millions) | ||||||||||
| Gross premiums written | $ | 707.5 | $ | 588.2 | $ | 579.8 | ||||
| Net premiums written | $ | 700.5 | $ | 581.6 | $ | 574.6 | ||||
| Net premiums earned | $ | 672.1 | $ | 573.7 | $ | 615.1 | ||||
| Net investment income | 82.1 | 69.3 | 72.1 | |||||||
| Net realized and unrealized (losses) gains on investments | (44.0) | 54.5 | 20.9 | |||||||
| Other income | 0.3 | 1.4 | 0.8 | |||||||
| Total revenues | 710.5 | 698.9 | 708.9 | |||||||
| Losses and LAE | 397.5 | 326.2 | 314.2 | |||||||
| Commission expense | 95.8 | 76.1 | 78.8 | |||||||
| Underwriting expenses | 138.9 | 131.2 | 151.1 | |||||||
| Interest and financing expenses | 3.0 | — | 0.1 | |||||||
| Other expenses | — | 4.1 | 0.7 | |||||||
| Total expenses | 635.2 | 537.6 | 544.9 | |||||||
| Net income before income taxes | $ | 75.3 | $ | 161.3 | $ | 164.0 | ||||
| Underwriting income | $ | 39.9 | $ | 40.2 | $ | 71.0 | ||||
| Combined ratio | 94.1 | % | 93.1 | % | 88.5 | % |
Underwriting Results
Gross Premiums Written
Gross premiums written were $707.5 million, $588.2 million, and $579.8 million for the years ended December 31, 2022, 2021, and 2020, respectively.
The strong growth in Employers' premiums written in 2022 was the result of higher new and renewal business premiums and final audit premiums. The growth in new business premiums experienced was the result of increases in new business submissions, quotes and binds in the majority of the states in which we operate, which is being largely driven by our expansion in the classes of business that Employers offers. We also increased our final audit premium accruals by $24.6 million and recognized $34.8 million of audit premium pick-up, as our payroll exposure increased with U.S. labor market strengthening and rising wages. In addition, renewal premium benefited from continued strong retention rates throughout the year.
The modest growth in Employers' premiums written in 2021 was the result of higher new business premiums and final audit premiums, partially offset by lower renewal premium. The growth in new business premiums experienced was the result of increases in new business submissions, quotes and binds in the majority of the states in which we operate, particularly in California. We also increased our final audit accruals by $12.3 million, as payroll exposure improved with U.S. labor market strengthening during the second half of the year, although we returned $11.5 million to policyholders throughout the year as a result of lower final audits. Decreases in average rates and policy sizes in many of the states in which we do business negatively impacted our renewal premium in 2021, despite our retention rate remaining strong.
Net Premiums Written
Net premiums written were $700.5 million, $581.6 million, and $574.6 million for the years ended December 31, 2022, 2021, and 2020, respectively, which included $7.0 million, $6.6 million, and $5.2 million of reinsurance premiums ceded, respectively.
Net Premiums Earned
Net premiums earned were $672.1 million, $573.7 million, and $615.1 million for the years ended December 31, 2022, 2021, and 2020, respectively.
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The following table shows the percentage change in Employers' in-force premiums, excluding estimated final audit premium, policy count, average policy size, and payroll exposure upon which our premiums are based as of December 31, 2022 and 2021, respectively, overall, for California, where 45% of our premiums were generated, and for all other states, excluding California:
| Percentage Change 2022 Over 2021 | Percentage Change 2021 Over 2020 | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Overall | California | All Other States | Overall | California | All Other States | ||||||||||||
| In-force premiums | 8.3 | % | 8.2 | % | 8.4 | % | (1.3) | % | (1.4) | % | (1.3) | % | |||||
| In-force policy count | 7.6 | 5.3 | 8.9 | 6.7 | 2.8 | 9.1 | |||||||||||
| Average in-force policy size | 0.7 | 2.8 | (0.4) | (7.5) | (4.0) | (9.5) | |||||||||||
| In-force payroll exposure | 11.2 | 9.2 | 12.2 | 7.4 | 10.6 | 5.8 |
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents calendar year combined ratios for our Employers segment.
| Years Ended December 31, | ||||||||
|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||
| Loss and LAE ratio | 59.1 | % | 56.9 | % | 51.1 | % | ||
| Commission expense ratio | 14.3 | 13.3 | 12.8 | |||||
| Underwriting expense ratio | 20.7 | 22.9 | 24.6 | |||||
| Combined ratio | 94.1 | % | 93.1 | % | 88.5 | % |
Loss and LAE Ratio. We analyze our loss and LAE ratios on both a calendar year and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio includes changes made during the calendar year in reserves for losses and LAE established for insured events occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods.
The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE for reported events that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as the reserves established for insured events occurring during that year develop favorably or unfavorably. The accident year loss and LAE ratio is based on our statutory financial statements and is not derived from our GAAP financial information.
Our calendar year loss and LAE ratio is analyzed to measure profitability in a particular year and to evaluate the adequacy of premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or unfavorable) of reserves established in prior periods. In contrast, our accident year loss and LAE ratios are analyzed to evaluate underwriting performance and the adequacy of the premium rates charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
The table below reflects Employers' prior accident year loss and LAE reserve adjustments and the impact to loss ratio.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| ($ in millions) | ||||||||||
| Net premiums earned | $ | 672.1 | $ | 573.7 | $ | 615.1 | ||||
| Losses and LAE | $ | 397.5 | $ | 326.2 | $ | 314.2 | ||||
| Prior accident year favorable development, net | 33.4 | 39.8 | 81.6 | |||||||
| Current accident year losses and LAE | $ | 430.9 | $ | 366.0 | $ | 395.8 | ||||
| Current accident year loss and LAE ratio | 64.1 | % | 63.8 | % | 64.3 | % |
The increase in Employers' total losses and LAE from 2021 to 2022 was primarily due to higher earned premium, a higher current accident year estimate and less net favorable prior year loss reserve development. Net favorable prior year loss reserve development in 2022 was $33.4 million versus $39.8 million in 2021. The increase in Employers' total losses and LAE from
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2020 to 2021 was primarily due to less favorable prior year loss reserve development. Net favorable prior year loss reserve development recognized in 2021 was $39.8 million versus $81.6 million recognized in 2020.
The net favorable development recognized in 2022 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2017 and prior, due primarily to decreasing medical and indemnity costs.
The net favorable development recognized in 2021 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2017 and prior, due primarily to decreasing medical costs and defense and cost containment, partially offset by: (i) $10.0 million of unfavorable development related to accident year 2019, which is reflective of more weight being placed on now sufficiently seasoned loss trends and patterns originating in part from business written in our newer territories; and (ii) $8.0 million of unfavorable loss development associated with two catastrophic non-COVID claims in accident year 2020.
The net favorable development recognized in 2020 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2018 and prior, due primarily to decreasing medical costs, partially offset by $13.3 million of adverse development on accident year 2019 due, in part, to an inability to fully execute our claims initiatives to reduce loss costs as a result of the COVID-19 pandemic.
Employers' current accident year loss and LAE ratios from 2020 to 2022 have remained largely consistent due to continued low indemnity claim frequency. In addition, Employers' current accident year loss and LAE ratios continue to reflect the impact of key business initiatives: an emphasis on accelerated settlements of open claims; further diversifying its risk exposure across geographic markets, when appropriate; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across all of its markets.
Commission Expense Ratio. Employers' commission expense ratio was 14.3%, 13.3%, and 12.8%, and its commission expenses were $95.8 million, $76.1 million, and $78.8 million for the years ended December 31, 2022, 2021, and 2020, respectively. The increase in Employers' commission expense ratio from 2021 to 2022 was primarily the result of an increase in agency incentive accruals, an increase in new business writings, which are subject to higher commission rates, and a reversal of commissions relating to non-compliant and uncollectible premium recorded in 2021. The increase in Employers' commission expense ratio from 2020 to 2021 was primarily the result of increased commissions on new business writings, which were subject to a higher commission rate.
Underwriting Expense Ratio. Employers' underwriting expense ratio was 20.7%, 22.9%, and 24.6%, and its underwriting expenses were $138.9 million, $131.2 million, and $151.1 million for the years ended December 31, 2022, 2021, and 2020, respectively.
The improvement in Employers' underwriting expense ratio from 2021 to 2022 was primarily the result of higher earned premiums and active fixed expense management. During 2022, Employers’ fixed expenses (payroll, information technology costs, professional fees, facilities and other) decreased $1.2 million in the aggregate, to $96.8 million, and its variable expenses (premium taxes, assessments, policyholder dividends and bad debt expense) increased $8.9 million in the aggregate, to $42.1 million, as a result of the increase in earned premium.
The reduction in Employers’ underwriting expenses and the improvement in its underwriting expense ratio from 2020 to 2021 was primarily the result of employee reductions and departures, as well as other planned fixed expense reductions such as professional fees.
Underwriting Income
Employers' underwriting income was $39.9 million, $40.2 million, and $71.0 million for the years ended December 31, 2022, 2021, and 2020, respectively. Underwriting income or loss is determined by deducting losses and LAE, commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments, Other Income, Interest and Financing Expenses, and Other Expenses, see "–Results of Operations –Summary of Consolidated Financial Results."
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CERITY
The components of net loss before income taxes for our Cerity segment are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 6.7 | $ | 1.5 | $ | 0.3 | ||||
| Net premiums written | $ | 6.7 | $ | 1.5 | $ | 0.3 | ||||
| Net premiums earned | $ | 3.1 | $ | 0.7 | $ | 0.2 | ||||
| Net investment income | 4.1 | 2.8 | 3.1 | |||||||
| Net realized and unrealized (losses) gains on investments | (1.3) | 0.3 | — | |||||||
| Total revenues | 5.9 | 3.8 | 3.3 | |||||||
| Losses and LAE | 1.8 | 0.5 | 0.1 | |||||||
| Commission expense | 0.1 | — | — | |||||||
| Underwriting expenses | 13.9 | 12.9 | 16.6 | |||||||
| Other expenses | — | — | 0.1 | |||||||
| Total expenses | 15.8 | 13.4 | 16.8 | |||||||
| Net loss before income taxes | $ | (9.9) | $ | (9.6) | $ | (13.5) | ||||
| Underwriting loss | $ | (12.7) | $ | (12.7) | $ | (16.5) | ||||
| Combined ratio | n/m | n/m | n/m | |||||||
| n/m - not meaningful |
Underwriting Results
Gross Premiums Written and Net Premiums Written
Cerity's gross and net premiums written were $6.7 million, $1.5 million and $0.3 million for the years ended December 31, 2022, 2021, and 2020, respectively. Cerity's growth in premiums written in 2022 was largely the result of an expansion in the classes of business that it offers, as well as an increase in the growing number of collaborations that it has developed with strategic digital partners.
Cerity's net premiums earned were $3.1 million, $0.7 million and $0.2 million for the years ended December 31, 2022, 2021, and 2020, respectively.
Losses and LAE and Underwriting Expenses
Cerity’s current accident year loss and LAE ratios in 2022, 2021, and 2020 were highly consistent with those of the Employers’ segment. During 2022, Cerity recognized $0.1 million of net favorable prior year loss reserve development, which was the result of observed favorable paid loss cost trends related to accident years 2020 and prior. Cerity did not recognize any prior year loss reserve development in 2021 or 2020.
Cerity's underwriting expenses were $13.9 million, $12.9 million, and $16.6 million for the years ended December 31, 2022, 2021, and 2020, respectively. The increase in Cerity’s underwriting expenses from 2021 to 2022 related primarily to its variable expenses (premium taxes, assessments and bad debt expense), which increased in the aggregate by $0.7 million as a result of the increase in its earned premium. The decrease in Cerity’s underwriting expenses from 2020 to 2021 were primarily the result of employee reductions and departures.
Underwriting Loss
Cerity's underwriting losses were $12.7 million, $12.7 million, and $16.5 million for the years ended December 31, 2022, 2021, and 2020, respectively. Underwriting income or loss is determined by deducting losses and LAE, commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income and Net Realized and Unrealized Gains and Losses on Investments, Other Income, and Other Expenses, see "–Results of Operations –Summary of Consolidated Financial Results Consolidated."
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CORPORATE AND OTHER
The components of net income (loss) before income taxes for Corporate and Other are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| (in millions) | ||||||||||
| Net investment income | $ | 3.6 | $ | 0.6 | $ | 1.1 | ||||
| Net realized and unrealized losses on investments | (6.5) | (0.2) | (1.9) | |||||||
| Total revenues | (2.9) | 0.4 | (0.8) | |||||||
| Losses and LAE - LPT | (8.3) | (11.5) | (11.9) | |||||||
| General and administrative expenses | 14.5 | 16.1 | 13.6 | |||||||
| Interest and financing expenses | 0.5 | 0.5 | 0.3 | |||||||
| Total expenses | 6.7 | 5.1 | 2.0 | |||||||
| Net loss before income taxes | $ | (9.6) | $ | (4.7) | $ | (2.8) |
Losses and LAE - LPT
The table below reflects the impact of the LPT on Losses and LAE, which are recorded as a reduction to Losses and LAE incurred on our Consolidated Statements of Comprehensive Income.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| (in millions) | ||||||||||
| Amortization of the Deferred Gain related to losses | $ | 6.8 | $ | 6.7 | $ | 8.7 | ||||
| Amortization of the Deferred Gain related to contingent commission | 1.5 | 1.7 | 1.8 | |||||||
| Impact of LPT Reserve Adjustments(1) | — | 2.6 | 1.2 | |||||||
| Impact of LPT Contingent Commission Adjustments(2) | — | 0.5 | 0.2 | |||||||
| Total impact of the LPT | $ | 8.3 | $ | 11.5 | $ | 11.9 |
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income, such that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
(2)LPT Contingent Commission Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income, such that the Deferred Gain reflects the balance that would have existed had the revised contingent profit commission been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
General and Administrative Expenses
Corporate and Other's general and administrative expenses, which consist primarily of compensation-related expenses, professional fees, and other holding company expenses, were $14.5 million, $16.1 million, and $13.6 million for the years ended December 31, 2022, 2021, and 2020, respectively. Corporate and Other's compensation-related expenses decreased $2.3 million in 2022 as compared to 2021. The decrease related primarily to the acceleration of share-based awards in connection with the retirement of our former President and Chief Executive Officer in 2021, which served to increase Corporate and Other's compensation-related expenses in that year.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income, Net Realized and Unrealized Gains and Losses on Investments, and Interest and Financing Expenses, see "–Results of Operations –Summary of Consolidated Financial Results."
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Liquidity and Capital Resources
Despite the unrealized investment losses that we sustained in 2022 as a result of increases in market interest rates, economic and market disruptions caused by inflationary pressures and geo-political conditions, we believe that our capital position remains strong and that the liquidity available to our holding company and its operating subsidiaries remains adequate. As a result, we do not currently foresee a need to: (i) suspend dividends at either the holding company or our insurance subsidiaries; (ii) forgo repurchases of our common stock; (iii) seek additional capital; or (iv) seek any material non-investment asset sales.
Holding Company Liquidity
We are a holding company and our ability to fund our operations is contingent upon our existing capital and the ability of our subsidiaries to pay dividends up to the holding company. Payment of dividends by our insurance subsidiaries is restricted by state insurance laws and regulations, including laws establishing minimum solvency and liquidity thresholds. We require cash to pay stockholder dividends, repurchase common stock, provide additional surplus to our insurance subsidiaries, and fund our operating expenses.
Total cash and investments at the holding company were $98.9 million at December 31, 2022, consisting of $37.3 million of cash and cash equivalents, $7.9 million of fixed maturity securities, $33.0 million of equity securities, and $20.7 million of short-term investments.
On December 15, 2020, EHI entered into a Credit Agreement (the Credit Agreement) with a syndicate of financial institutions. The Credit Agreement provides EHI with a $75.0 million three-year revolving credit facility. Borrowings under the Credit Agreement may be used for working capital and general corporate purposes. Pursuant to the Credit Agreement, EHI has the option to request an increase of the credit available under the facility, up to a maximum facility amount of $125.0 million, subject to the consent of lenders and the satisfaction of certain conditions. EHI borrowed and subsequently repaid $10.0 million and $27.0 million under the Credit Agreement during the years ended December 31, 2022 and 2021, respectively. EHI had no outstanding advances under the Credit Agreement as of December 31, 2022 and 2021.
The interest rates applicable to loans under the Credit Agreement are generally based on a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Eurodollar rate (which will convert to an alternative reference rate once LIBOR is discontinued) plus a specified margin, ranging from 1.25% to 2.25%. Total interest paid during each of the years ended December 31, 2022 and 2021 was $0.3 million.
The Credit Agreement contains covenants that require us to maintain: (i) a minimum consolidated net worth of no less than 70% of our stockholders’ equity as of September 30, 2020, plus 50% of our aggregate net income thereafter; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Credit Agreement. As of December 31, 2022 and 2021, EHI was in compliance with each of these requirements.
Our insurance subsidiaries' ability to pay dividends to their parent is based on reported capital, surplus, and dividends paid within the prior 12 months. For 2023, EICN cannot pay any dividends through March 23, 2023 and can pay $9.8 million thereafter, without prior regulatory approval; EPIC cannot pay any dividends through July 1, 2023, and can pay $22.9 million thereafter, without prior regulatory approval; EAC cannot pay any dividends through July 1, 2023, and can pay $21.0 million thereafter, without prior regulatory approval; and CIC cannot pay dividends through September 9, 2023, without prior regulatory approval, and $4.0 million thereafter.
On January 14, 2022, ECIC received regulatory approval from the California DOI to pay an extraordinary distribution, in the amount of $120.0 million, to its parent company, EGI. This distribution was approved by ECIC’s Board of Directors on November 12, 2021 and it was paid to EGI on February 15, 2022. As a result of this distribution, ECIC cannot pay dividends through February 15, 2023, without prior regulatory approval and can pay $21.0 million thereafter, without prior regulatory approval.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments, proceeds from FHLB advances, and reinsurance recoveries. The primary uses of cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting and general and administrative expenses, ceded reinsurance, repayments of FHLB advances, investment purchases and dividends paid to their parent.
Total cash and investments held by our operating subsidiaries was $2,559.3 million at December 31, 2022, consisting of $52.1 million of cash, cash equivalents, and restricted cash, $2,178.4 million of fixed maturity securities, $170.7 million of equity securities, $98.4 million of short-term investments, and $59.7 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as of December 31, 2022 consisted of $51.9 million of cash and cash equivalents, $164.1 million of publicly-traded equity securities whose proceeds are available within three business days, $616.0 million of highly liquid fixed maturity securities whose proceeds are available within three business days, and $98.4 million of
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short-term investments whose proceeds are available within three business days. We believe that our subsidiaries' liquidity needs over the next 24 months will be met with cash from operations, investment income, and maturing investments.
All of our insurance subsidiaries are members of the FHLB. Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on statutory admitted assets on a per company basis.
During 2022, our insurance subsidiaries, with the exception of CIC, received aggregate advances of $182.5 million from the FHLB under their Standard Credit Program, all of which remained outstanding at December 31, 2022. The proceeds from these advances were used to purchase an equivalent amount of high-quality collateralized loan obligation securities. The annualized weighted average interest rate on these advances was 2.65% in 2022. Interest incurred and paid during the year ended December 31, 2022 totaled $3.0 million and $2.3 million, respectively. These advances can be repaid at any time without penalty and are collateralized by eligible investment securities.
In 2020, the FHLB launched its Recovery Advance Program. The Recovery Advance Program is a zero percent interest, six-month or one-year credit product that members could use to provide immediate relief to property owners, businesses, and other customers struggling with the financial impacts of the COVID-19 pandemic. Each FHLB member was allocated up to $10.0 million in advances under the Recovery Advance Program.
On May 11, 2020, our insurance subsidiaries, with the exception of CIC, received a total of $35.0 million of advances from the FHLB under the Recovery Advance Program. The advances were secured by collateral previously pledged to the FHLB by our insurance subsidiaries in support of their existing collateralized advance facility, which was reduced by the amount of these outstanding advances. Our insurance subsidiaries repaid $15.0 million of such advances on November 4, 2020, $5.0 million on March 31, 2021, and $15.0 million on May 4, 2021.
FHLB membership also allows our insurance subsidiaries access to Letter of Credit Agreements and on March 9, 2018, ECIC, EPIC, and EAC entered into Letter of Credit Agreements with the FHLB. On January 26, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB and EPIC to decrease its respective credit amount. On August 13, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB, ECIC and EAC to decrease their respective credit amounts. The amended Letter of Credit Agreements are between the FHLB and each of EAC, in the amount of $25.0 million, ECIC, in the amount of $35.0 million, and EPIC, in the amount of $10.0 million. The amended Letter of Credit Agreements will expire March 31, 2023. The Letter of Credit Agreements may only be used to satisfy, in whole or in part, insurance deposit requirements with the State of California and are fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements).
We purchase reinsurance to protect us against the costs of severe claims and catastrophic events, including pandemics. On July 1, 2022, we entered into a new reinsurance program that is effective through June 30, 2023. The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage. Our reinsurance coverage is $190.0 million in excess of our $10.0 million retention on a per occurrence basis, subject to certain exclusions. We believe that our reinsurance program meets our needs and that we are sufficiently capitalized.
Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by the National Association of Insurance Commissioners. The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action at December 31, 2022.
Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of $745.9 million and $861.4 million were on deposit at each of December 31, 2022 and 2021, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of $70.0 million of securities on deposit at December 31, 2022 and 2021.
Certain reinsurance contracts require company funds to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we have assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was $2.7 million and $3.1 million at December 31, 2022 and 2021, respectively.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as collectively as a consolidated group. We use trend and variance analyses to project future cash needs, making adjustments to our forecasts as appropriate.
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The table below shows our net cash flows. For additional information regarding our cash flows, see Item 8, Consolidated Statements of Cash Flows.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| Cash, cash equivalents, and restricted cash provided by (used in): | (in millions) | |||||||||
| Operating activities | $ | 99.8 | $ | 10.8 | $ | 33.0 | ||||
| Investing activities | (146.1) | (1.7) | 84.3 | |||||||
| Financing activities | 60.4 | (94.4) | (111.9) | |||||||
| Increase (decrease) in cash, cash equivalents, and restricted cash | $ | 14.1 | $ | (85.3) | $ | 5.4 |
Operating Activities
Net cash provided by operating activities in 2022 included net premiums received of $646.2 million and investment income received of $88.3 million. These operating cash inflows were partially offset by net claims payments of $387.7 million, underwriting and general and administrative expenses paid of $145.8 million, commissions paid of $82.6 million, interest and financing fees paid of $3.5 million, and federal income taxes paid of $15.1 million.
Net cash provided by operating activities in 2021 included net premiums received of $568.0 million and investment income received of $82.0 million. These operating cash inflows were partially offset by net claims payments of $394.6 million, underwriting and general and administrative expenses paid of $141.0 million, commissions paid of $74.8 million, and federal income taxes paid of $28.2 million.
Net cash provided by operating activities in 2020 included net premiums received of $624.6 million and investment income received of $87.2 million. These operating cash inflows were partially offset by net claims payments of $402.6 million, underwriting and general and administrative expenses paid of $171.3 million, commissions paid of $85.7 million, and federal income taxes paid of $18.5 million.
Investing Activities
Net cash used in investing activities in 2022 primarily related to FHLB advances received, and reinvestment of funds from investment sales, maturities, redemptions, and interest income. These investing cash outflows were partially offset by investment sales, maturities and redemptions whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Net cash used in investing activities in 2021 primarily related to the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income. These investing cash outflows were largely offset by sales, maturities, and redemptions of investments whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Net cash provided by investing activities in 2020 primarily related to sales, maturities, and redemptions of investments whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases, partially offset by the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Financing Activities
Net cash provided by financing activities in 2022 was primarily related to FHLB advances received partially offset by common stock repurchases and stockholder dividend payments. During the year ended December 31, 2022, we borrowed and subsequently repaid $10.0 million under the Credit Agreement.
Net cash used in financing activities in 2021 included common stock repurchases and stockholder dividend payments and repayments of FHLB advances. During the year ended December 31, 2021, we borrowed and subsequently repaid $27.0 million under the Credit Agreement.
Net cash used in financing activities in 2020 included common stock repurchases and stockholder dividend payments, partially offset by net cash received from the FHLB Recovery Advance Program.
Dividends. We paid $28.8 million, $29.0 million, and $30.5 million in regular quarterly dividends to our stockholders and eligible plan award holders in 2022, 2021, and 2020, respectively. We also paid $27.5 million and $34.0 million in special dividends to our stockholders in June 2022 and December 2022. The declaration and payment of future dividends to common stockholders will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors our Board of Directors deems relevant. On February 15, 2023, the Board of Directors declared a $0.26 quarterly dividend per share, payable March 15, 2023, to stockholders of record on March 1, 2023.
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Repurchases of Common Stock. We repurchased $30.4 million, $42.2 million and $99.8 million of our common stock in 2022, 2021, and 2020, respectively. On July 21, 2021, our Board of Directors authorized a new share repurchase authorization for repurchases of up to $50.0 million of our common stock from July 27, 2021 through December 31, 2022 (the 2021 Program). On April 27, 2022, the Board of Directors authorized a $50.0 million expansion of the 2021 Program to $100.0 million, and extended the program's expiration to December 31, 2023. Future repurchases of our common stock will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and social economic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board of Directors deems relevant. As of December 31, 2022, we had a remaining common stock repurchase authorization of $47.4 million. See Item 5, Issuer Purchases of Equity Securities.
Capital Resources
As of December 31, 2022, the capital resources available to us consisted of $944.2 million of stockholders' equity and the $106.1 million Deferred Gain.
Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years ended December 31, 2022, 2021, and 2020:
| December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2022 | 2021 | 2020 | ||||||||
| (in millions) | ||||||||||
| Beginning Balance | $ | 1,213.1 | $ | 1,212.8 | $ | 1,165.8 | ||||
| Stock-based obligations | 5.1 | 9.1 | 9.7 | |||||||
| Stock options exercised | 1.1 | 1.1 | 0.9 | |||||||
| Shares withheld to satisfy minimum tax withholdings for certain stock-based obligations | (2.3) | (3.8) | (2.7) | |||||||
| Acquisition of common stock | (30.4) | (42.2) | (99.8) | |||||||
| Dividends declared on common stock and eligible plan awards | (91.3) | (28.7) | (30.8) | |||||||
| Net income for the year | 48.4 | 119.3 | 119.8 | |||||||
| Change in net unrealized (losses) gains on investments, net of taxes | (199.5) | (54.5) | 49.8 | |||||||
| Ending Balance | $ | 944.2 | $ | 1,213.1 | $ | 1,212.8 |
Deferred Gain. The Deferred Gain, which totaled $106.1 million and $114.4 million as of December 31, 2022 and 2021, respectively, reflects the unamortized gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated Financial Statements.
Contractual Obligations and Commitments
Other than operating expenses, current and long-term cash requirements include the following contractual obligations and commitments as of December 31, 2022.
Leases
We have entered into lease arrangements for certain equipment and facilities. As of December 31, 2022, we had lease payment obligations of $14.7 million, with $3.5 million payable within 12 months.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As of December 31, 2022, we had other purchase obligations of $26.1 million, with $7.7 million payable within 12 months.
Unfunded Investment Commitments
We have investments in private equity limited partnerships that require capital distributions to fund the investments and can be called at any time deemed necessary. As of December 31, 2022, we had unfunded investment commitments of $55.2 million.
Unpaid Losses and LAE reserves
We have developed unpaid losses and LAE reserves payment patterns that are computed based on historical information. Our calculation of loss and LAE reserve payments by period is subject to the same uncertainties associated with determining the level of reserves and to the additional uncertainties arising from the difficulty of predicting when claims (including claims that have not yet been reported to us) will be paid. Actual payments of losses and LAE by period will vary, perhaps materially, to the extent that current estimates of losses and LAE reserves vary from actual ultimate claims amounts due to variations between
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expected and actual payout patterns. As of December 31, 2022, we had unpaid losses and LAE reserves of $1,960.7 million, with $315.6 million payable within 12 months. For a discussion of our reserving process, see ''–Critical Accounting Estimates–Reserves for Losses and LAE.''
The unpaid losses and LAE expense payment patterns are gross of reinsurance recoverables for unpaid losses. As of December 31, 2022, we had reinsurance recoverables on unpaid losses and LAE of $445.4 million, of which $30.9 million is currently expected to be received within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total return; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income, which may fluctuate with changes in interest rates and our current investment strategies.
Our Investment Managers follow our written investment guidelines, which are approved by the Finance Committee of the Board of Directors. Our asset allocation is reevaluated by management and reviewed by the Finance Committee of the Board of Directors on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives.
As of December 31, 2022, our investment portfolio consisted of 85% fixed maturity securities. We strive to limit the interest rate risk associated with fixed maturity investments by managing the duration of these securities. Our fixed maturity securities (excluding cash and cash equivalents) had a duration of 3.9 at December 31, 2022. To minimize interest rate risk, our portfolio is weighted toward short-term and intermediate-term bonds; however, our investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be "A," using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity securities portfolio had a weighted average quality of "A" as of December 31, 2022. Other securities within fixed maturity securities consist of bank loans, which are classified as AFS and are reported at fair value.
Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of $197.0 million at December 31, 2022, which represented 8% of our investment portfolio at that time. We also have a $6.7 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period.
Our other invested assets made up 2% of our investment portfolio at December 31, 2022 and include private equity limited partnerships. Our investments in private equity limited partnerships totaled $59.7 million at December 31, 2022 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 3 to 12 years, subject to two or three one-year extensions at the general partner's discretion. We expect to receive distributions of proceeds from dividends and interest from fund investments, as well as from the disposition of a fund investment or portion thereof, from time-to-time during the full course of the fund term. As of December 31, 2022, we had unfunded commitments to these private equity limited partnerships totaling $55.2 million.
We believe that our current asset allocation meets our strategy to preserve capital for claims and policy liabilities and to provide sufficient capital resources to support and grow our ongoing insurance operations.
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The following table shows the estimated fair value, the percentage of the fair value to total invested assets, and the average ending book yield (each based on the book value of each category of invested assets) as of December 31, 2022.
| Category | Estimated Fair Value | Percentage of Total | Book Yield | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| (in millions, except percentages) | ||||||||||
| U.S. Treasuries | $ | 90.8 | 3.6 | % | 2.3 | % | ||||
| U.S. Agencies | 2.1 | 0.1 | 2.9 | |||||||
| States and municipalities | 317.6 | 12.7 | 3.1 | |||||||
| Corporate securities | 868.1 | 34.7 | 3.4 | |||||||
| Residential mortgaged-backed securities | 360.2 | 14.4 | 3.1 | |||||||
| Commercial mortgaged-backed securities | 55.1 | 2.2 | 3.2 | |||||||
| Asset-backed securities | 66.1 | 2.6 | 4.5 | |||||||
| Collateralized loan obligations | 260.9 | 10.4 | 5.9 | |||||||
| Foreign government securities | 10.2 | 0.4 | 3.7 | |||||||
| Other securities | 155.2 | 6.2 | 8.0 | |||||||
| Equity securities | 197.0 | 7.9 | 3.2 | |||||||
| Short-term investments | 119.1 | 4.8 | 4.4 | |||||||
| Total investments at fair value | $ | 2,502.4 | 100.0 | % | ||||||
| Weighted average ending yield | 3.9 | % |
The following table shows the percentage of total estimated fair value of our fixed maturity securities as of December 31, 2022 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P.
| Rating | Percentage of Total Estimated Fair Value | ||
|---|---|---|---|
| "AAA" | 13.6 | % | |
| "AA" | 36.3 | ||
| "A" | 25.9 | ||
| "BBB" | 13.1 | ||
| Below Investment Grade | 11.1 | ||
| Total | 100.0 | % |
Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes. We also make a determination as to whether it is more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity.
In addition to recognizing realized gains and losses upon the disposition of an investment security, we also recognize realized gains or losses on AFS debt securities for changes in CECL. We recognized $4.5 million, $0.2 million and $0.7 million of CECL on AFS debt securities during the years ended December 31, 2022, 2021, and 2020, respectively. The increase of $4.3 million in 2022 was due to significant volatility in the financial markets, which increased our current provision. The remaining fixed maturity securities whose total fair value was less than amortized cost at December 31, 2022, 2021, and 2020, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost.
For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains and losses on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both the use of estimates and judgment, relative to the application of appropriate accounting policies, which include the recognition of premium revenue, recoverability of deferred income taxes, and valuation of investments. Our accounting policies are described in Note 2 to our Consolidated Financial Statements, however, we believe that the following matters are particularly important to understand our financial statements
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because changes in these estimates or changes in the assumptions used to make them could have a material impact on our results of operations, financial condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our reserves for each accident year and represents our best estimate of outstanding loss reserves.
The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve development is unfavorable when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development is reflected in our operating results through an adjustment to incurred losses and LAE during the period in which it is recognized.
Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money, in accordance with GAAP.
The three main components of our loss reserves are case reserves, incurred but not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the ultimate cost of each claim (case reserves). These case reserves are continually monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (a) future payments on claims that are incurred but have not yet been reported to us; (b) a reserve for the additional development on claims that have been reported to us; and (c) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims.
LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other.
We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
Our loss reserves (gross and net of reinsurance), including the main components of such reserves, were as follows:
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2022 | 2021 | |||||
| (in millions) | ||||||
| Case reserves | $ | 917.6 | $ | 900.2 | ||
| IBNR | 771.7 | 818.7 | ||||
| LAE reserves | 271.4 | 262.3 | ||||
| Gross unpaid losses and LAE reserves | 1,960.7 | 1,981.2 | ||||
| Less reinsurance recoverable on unpaid losses and LAE, excluding CECL allowance | 445.4 | 476.9 | ||||
| Net unpaid losses and LAE reserves | $ | 1,515.3 | $ | 1,504.3 |
We use actuarial methods to analyze and estimate the aggregate amount of loss reserves. Management considers the results of various actuarial methods and their underlying assumptions, among other factors, in establishing loss reserves.
Judgment is required in the actuarial estimation of loss reserves, including the selection of various actuarial methodologies to project the ultimate cost of claims. Specifically, judgment is required in the following areas: the selection of parameters utilized in the various methodologies; the use of industry data and other benchmarks; and the weighting of differing reserve indications resulting from alternative methods and assumptions. The adequacy of our ultimate loss reserves is inherently uncertain and
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represents a significant risk to our business. We attempt to mitigate this risk through our claims management processes and by monitoring and reacting to statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business.
Our Internal Actuary prepared reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims.
Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims.
Management, along with our Internal Actuary, separately analyzed LAE and estimated unpaid LAE. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms.
The ranges of estimates of loss reserves produced by our Internal Actuary are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each actuary's point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods.
Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current analyses of our Internal Actuary, including a review of the assumptions and the results of the various actuarial methods used. Our Internal Actuary conducted comprehensive studies in the second and fourth quarters. On the alternate quarters, our Internal Actuary updates the results of the preceding quarter's studies for actual claim payment and case reserve activity.
The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE at December 31 for the last three years, management and our Internal Actuary reviewed and considered the following: (a) our Internal Actuary's assumptions, point estimates, and ranges; and (b) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances.
The table below provides the actuarial range of loss reserves, net of reinsurance, that management considered when selecting its best estimate and our carried reserves.
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2022 | 2021 | |||||
| (in millions) | ||||||
| Low end of actuarial range | $ | 1,365.8 | $ | 1,351.3 | ||
| Carried reserves | 1,515.3 | 1,504.3 | ||||
| High end of actuarial range | 1,687.3 | 1,687.1 |
As of December 31, 2022, California and Nevada loss reserves represented approximately 67% of our total loss reserves on our Consolidated Balance Sheet.
In California, our recent loss experience from 2012 through 2019, indicates a slight downward trend in medical severity and a slight upward trend in indemnity severity. The reduction in medical severity can be attributed to a number of factors including California Senate Bill 863 (SB 863), which was enacted in 2012 and largely became effective in 2013/2014. Among the more significant changes, SB 863 introduced independent medical review (IMR) into the dispute resolution process and filing fees for medical liens. On the indemnity side, various provisions of SB 863 resulted in an overall increase in certain benefits. Our indemnity claims frequency (the number of claims expressed as a percentage of payroll) has decreased year-over-year for the
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past four years. Aside from the impact of recent regulatory changes, we believe our continued emphasis on accelerating claims settlements, as well as our various underwriting initiatives, have contributed to more favorable trends in our California results.
In Nevada, we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN, but the emergence and payment of claims in recent years has been more favorable than in the long-term history in Nevada with the Fund. The expected patterns of claim payments and emergence used in the projection of our ultimate claim payments are based on both long and short-term historical data. In recent evaluations, claim patterns have continued to emerge in a manner consistent with short-term historical data. Consequently, our selection of claim projection patterns has relied more heavily on patterns observed in recent years.
Our insurance subsidiaries have been operating in a period characterized by changing environmental conditions in our major markets, entry into new markets, and operational changes. During periods characterized by such changes, at each evaluation, the actuaries and management must make judgments as to the relative weight to accord to long-term historical company data, more recent company data, and external data. We also consider the impact of environmental and operational changes and other factors when selecting the methods used to project ultimate losses and LAE, the parameters to incorporate in those methods, and the relative weights applied to those methods.
An internal initiative that began in 2014 emphasizes the settlement of open claims. This initiative has actively driven a significant increase in claims settlement activity and has primarily affected accident years 2009 and forward. However, this activity slowed down during the height of the COVID-19 pandemic in 2020 and 2021.
Approximately 55% of our claims payments during the three years ended December 31, 2022 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. However, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves at December 31, 2022, we estimate that future medical costs over the lifetime of current claims would increase by approximately $63.9 million on a net-of-reinsurance basis. Under the current elevated inflationary environment, additional inflationary considerations were included in determining the level and adequacy of our reserves, and particular consideration was given to medical and hospital inflation rates as these inflation rates have historically exceeded general inflation rates.
Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial range, the impact on our financial results would have been as follows:
| December 31, | ||||||
|---|---|---|---|---|---|---|
| 2022 | 2021 | |||||
| Increase (decrease) in reserves (1) | (in millions) | |||||
| At low end of range | $ | (149.5) | $ | (153.0) | ||
| At high end of range | 172.0 | 182.8 | ||||
| Increase (decrease) in stockholders' equity and net income | ||||||
| At low end of range | $ | 118.1 | $ | 120.9 | ||
| At high end of range | (135.9) | (144.4) |
(1) The range of actuarial indications captures the range of reasonable estimates and is asymmetrical (e.g. not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics than any one model or actuarial methodology can represent, and each methodology is an approximation of these complex forces and dynamics. None of the methods are designed or intended to produce an indication that is systematically higher or lower than the other methods. At any given evaluation date, some of the actuarial projection methods produce indications outside the actuary's selected range. Accordingly, we believe that the range of potential outcomes is considerably wider than the actuarially estimated range of the most likely outcomes. We have no basis for anticipating whether actual future payments of losses and LAE may be either greater than or less than the loss reserves currently on our Consolidated Balance Sheets.
Additionally, any adjustment to the estimated ceded reserves under the LPT Agreement results in a cumulative adjustment to the Deferred Gain, which is also included in losses and LAE incurred in the Consolidated Statements of Comprehensive Income, so that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the
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inception of the LPT Agreement. The table below provides the actuarial range of estimated liabilities for gross loss reserves under the LPT Agreement and our carried reserves.
| As of December 31, | ||
|---|---|---|
| 2022 | ||
| (in millions) | ||
| Low end of actuarial range | $ | 285.1 |
| LPT carried reserves | 308.6 | |
| High end of actuarial range | 349.7 |
Reinsurance Recoverables
Reinsurance recoverables represent: (a) amounts currently due from reinsurers on paid losses and LAE; (b) amounts recoverable from reinsurers on estimates of reported losses; and (c) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves, and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts due from reinsurers have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the A.M. Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process.
Under the LPT Agreement, the Fund initially ceded $1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior to July 1, 1995 for consideration of $775.0 million in cash. The estimated remaining liabilities subject to the LPT Agreement were $308.6 million as of December 31, 2022. Losses and LAE paid with respect to the LPT Agreement totaled $858.9 million at December 31, 2022. We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a deferred reinsurance gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income.
Additionally, we are entitled to receive a contingent profit commission under the LPT Agreement. The contingent profit commission is an amount based on the favorable difference between actual paid losses and LAE and expected paid losses and LAE as established in the LPT Agreement. The calculation of actual amounts paid versus expected amounts is determined every five years beginning June 30, 2004 for the first twenty-five years of the agreement. We are paid 30% of the favorable difference between the actual and expected losses and LAE paid at each calculation point. Each quarter, management records its best estimate of the estimated ultimate contingent profit commission through June 30, 2024, which is impacted by estimates for ceded losses and LAE. The Deferred Gain related to the contingent profit commission is amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries over the life of the contingent profit commission, or through June 30, 2024, and is recorded in losses and LAE incurred in the accompanying Consolidated Statements of Comprehensive Income. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Contingent commission receivable–LPT Agreement and the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income.
New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary of all recently issued and recently adopted accounting standards.
FY 2021 10-K MD&A
SEC filing source: 0001379041-22-000021.
Item 7. Management's Discussion and Analysis of Consolidated Financial Condition and Results of Operations
The following discussion and analysis of our financial condition and results of operations should be read in conjunction with the consolidated financial statements, the accompanying notes thereto, and the financial statement schedules included in Item 8 and Item 15 of this report. In addition to historical information, the following discussion contains forward-looking statements that are subject to risks and uncertainties and other factors described in Item 1A of this report. Our actual results in future periods may differ from those referred to herein due to a number of factors, including the risks described in the sections entitled "Risk Factors" and "Forward-Looking Statements" elsewhere in this report.
Overview
We are a Nevada holding company. Through our insurance subsidiaries, we provide workers' compensation insurance coverage to select, small businesses in low to medium hazard industries. Workers' compensation insurance is provided under a statutory system wherein most employers are required to provide coverage for their employees' medical, disability, vocational rehabilitation, and/or death benefit costs for work-related injuries or illnesses. We provide workers' compensation insurance throughout the United States, with a concentration in California, where 45% of our in-force premiums are generated. Our revenues are primarily comprised of net premiums earned, net investment income, and net realized and unrealized gains on investments.
We target small businesses, as we believe that this market is traditionally characterized by fewer competitors, more attractive pricing, and stronger persistency when compared to the U.S. workers' compensation insurance industry in general. We believe we are able to price our policies at levels that are competitive and profitable over the long-term given our expertise in underwriting and claims handling in this market segment. Our underwriting approach is to consistently underwrite small business accounts at appropriate and competitive prices without sacrificing long-term profitability and stability for short-term top-line revenue growth.
The insurance industry is highly competitive, and there is significant competition in the national workers' compensation industry that is based on price, commissions and quality of services. We compete with other specialty workers' compensation carriers, state funds, multi-line insurance companies, professional employer organizations, self-insurance funds, and state insurance pools.
COVID-19 Impacts
The COVID-19 pandemic has caused a reduction in business activity, widespread unemployment, supply chain interruptions, and overall economic instability. All states, including California, where we generated 45% of our in-force premiums as of December 31, 2021, have, in recent times, imposed various restrictions on business operations and social gatherings. Certain classes of business that we insure, especially those related to the restaurant and hospitality industries, continue to be affected by these restrictions related to the COVID-19 pandemic. Further, employee shortages and inflationary pressures may exacerbate and prolong the negative impact of the COVID-19 pandemic on these businesses. The impact of these disruptions and the extent of their potential impacts on our future results of operations will be dictated by the length of time that such disruptions continue, which will depend on the currently unknown duration and severity of the impacts caused by the COVID-19 pandemic and its variants.
While new business premium production did not meet our expectations during the first half of 2021, our renewal business remained strong throughout 2021. However, we remain encouraged by the consistent rebound we have experienced since then. We ended the year with a record number of policies in-force, which demonstrates that our policyholders have endured the pandemic and small businesses are actively shopping for workers' compensation coverage. As vaccination efforts continue and labor market shortages improve, we remain confident that rising payrolls will bring further improvement to our top line. In support of this anticipated recovery, we have continued to pursue and advance the significant investments that we have made in delivering a superior customer experience for our independent and digital agents.
We continually review and adjust to changes in our policyholders' payrolls, economic conditions, and seasonality, as experience develops or new information becomes known. Any such adjustments are included in our current operations and are made periodically through mid-term endorsements and/or premium audits. We increased our final audit premium accruals by $12.3 million, for the year ended December 31, 2021, as our payroll exposure improved with the labor market strengthening.
We have largely remained in work-from-home mode since we closed our buildings to employees and the general public in March 2020, and we remain fully functional while working in this manner.
Despite widespread reopening of businesses and ongoing vaccination efforts, the continued impact of the COVID-19 pandemic, including any increases in infection rates, new variants and renewed governmental action to slow the spread of COVID-19, cannot be estimated at this time. Additional information regarding risks and uncertainties related to the COVID-19 pandemic to our business, financial condition, and results of operations are set forth in Part I, Item 1A of this report.
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Results of Operations
Our results of operations for the three year period ending December 31, 2021 are as follows:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 589.7 | $ | 580.1 | $ | 696.9 | ||||
| Net premiums written | $ | 583.1 | $ | 574.9 | $ | 691.5 | ||||
| Net premiums earned | $ | 574.4 | $ | 615.3 | $ | 695.8 | ||||
| Net investment income | 72.7 | 76.3 | 88.1 | |||||||
| Net realized and unrealized gains on investments | 54.6 | 19.0 | 51.1 | |||||||
| Other income | 1.4 | 0.8 | 0.9 | |||||||
| Total revenues | 703.1 | 711.4 | 835.9 | |||||||
| Losses and LAE | 315.2 | 302.4 | 365.9 | |||||||
| Commission expense | 76.1 | 78.8 | 88.1 | |||||||
| Underwriting and general and administrative expenses | 160.2 | 181.3 | 187.5 | |||||||
| Interest and financing expenses | 0.5 | 0.4 | 0.6 | |||||||
| Other expenses | 4.1 | 0.8 | — | |||||||
| Total expenses | 556.1 | 563.7 | 642.1 | |||||||
| Net income before income taxes | 147.0 | 147.7 | 193.8 | |||||||
| Income tax expense | 27.7 | 27.9 | 36.7 | |||||||
| Net income | $ | 119.3 | $ | 119.8 | $ | 157.1 |
Overview
Our net income was $119.3 million, $119.8 million, and $157.1 million in 2021, 2020, and 2019, respectively. The key factors that affected our financial performance during those years included:
•Net premiums earned decreased 6.6% in 2021 and 11.6% in 2020, each compared to the previous year;
•Losses and LAE increased 4.2% in 2021 and decreased 17.4% in 2020, each compared to the previous year;
•Underwriting and general and administrative expenses decreased 11.6% in 2021 and 3.3% in 2020, each compared to the previous year;
•Net investment income decreased 4.7% in 2021 and 13.4% in 2020, each compared to the previous year; and
•Net realized and unrealized gains on investments were $54.6 million, $19.0 million, and $51.1 million in 2021, 2020, and 2019, respectively.
Summary of Consolidated Financial Results
Gross Premiums Written
Gross premiums written were $589.7 million, $580.1 million, and $696.9 million for the years ended December 31, 2021, 2020, and 2019, respectively. The period over period changes in gross premiums earned during 2021, 2020 and 2019 were primarily related to our Employers segment. See –Summary of Financial Results by Segment –Employers.
Net Premiums Written
Net premiums written are gross premiums written less reinsurance premiums ceded.
Net Premiums Earned
Net premiums earned are primarily a function of the amount and timing of net premiums previously written.
Net Investment Income and Net Realized and Unrealized Gains on Investments
We invest in fixed maturity securities, equity securities, other invested assets, short-term investments, and cash equivalents. Net investment income includes interest and dividends earned on our invested assets and amortization of premiums and discounts on our fixed maturity securities, less bank service charges and custodial and portfolio management fees. We have established a high quality/short duration bias in our investment portfolio.
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Net investment income was $72.7 million, $76.3 million, and $88.1 million for the years ended December 31, 2021, 2020, and 2019, respectively. The decrease in 2021 was primarily due to lower interest rates impacting bond yields. The decrease in 2020 was primarily due to lower bond yields and a sharp increase in the amortization of bond premiums associated with our residential mortgage-backed securities, which was caused by an acceleration of near-term mortgage loan prepayment speed assumptions during the year. The average pre-tax ending book yield on our invested assets was 3.0%, 3.0%, and 3.3% at December 31, 2021, 2020, and 2019, respectively.
Realized and certain unrealized gains and losses on our investments are reported separately from our net investment income. Realized gains and losses on investments include the gain or loss on a security at the time of sale compared to its original or adjusted cost (equity securities) or amortized cost (fixed maturity securities). Realized losses are also recognized for changes in our CECL allowance or when securities are written down as a result of an other-than-temporary impairment. Changes in fair value of equity securities and other invested assets are also included in Net realized and unrealized gains on investments on our Consolidated Statements of Comprehensive Income.
Net realized and unrealized gains on investments were $54.6 million, $19.0 million, and $51.1 million for the years ended December 31, 2021, 2020, and 2019, respectively.
Net realized and unrealized gains on investments in 2021 included $45.6 million of net realized and unrealized gains on equity securities, $4.1 million of net realized gains on fixed maturity securities and short-term investments, and $4.9 million of unrealized gains on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were largely the result of decreases in market interest rates. The net investment gains on our fixed maturity securities also increased by $0.5 million, related to the change in allowance for CECL. Net realized and unrealized gains on investments in 2020 included $15.8 million of net realized and unrealized gains on equity securities, $4.5 million of net realized gains on fixed maturity securities and short-term investments, and $1.3 million of unrealized losses on other invested assets. The net investments gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were primarily the result of decreases in market interest rates. The net investment gains on our fixed maturity securities were reduced by a $0.7 million allowance for CECL. Net realized and unrealized losses on investments in 2019 included $46.5 million of net realized and unrealized gains on equity securities, $3.9 million of net realized gains on fixed maturity securities and $0.7 million of unrealized gains on other invested assets. The net investment gains on our equity securities were largely consistent with the performance of U.S. equity markets. The net investment gains on our fixed maturity securities were primarily related to sales associated with a reallocation of our investment portfolio. Additional information regarding our Investments is set forth under "–Liquidity and Capital Resources–Investments" and Note 5 in the Notes to our Consolidated Financial Statements.
Other Income
Other income consists of net gains and losses on fixed assets, non-investment interest, installment fee revenue, and other miscellaneous income.
Losses and LAE
Losses and LAE represents our largest expense item and includes claim payments made, amortization of the Deferred Gain, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, estimates for future claim payments and changes in those estimates for current and prior periods, and costs associated with investigating, defending, and adjusting claims. The quality of our financial reporting depends in large part on accurately predicting our losses and LAE, which are inherently uncertain as they are estimates of the ultimate cost of individual claims based on actuarial estimation techniques.
Our indemnity claims frequency (the number of claims expressed as a percentage of payroll) decreased in 2021 and 2020, as compared to previous years. However, we recognized the impacts of the COVID-19 pandemic, including the potential for further expansions or permanent extensions of presumed compensability of COVID-19 in certain jurisdictions. These trends and considerations are reflected in our current accident year loss estimate. Total claims costs have also been reduced by cost savings associated with increased claims settlement activity that continued through 2021. We believe our current accident year loss estimate is adequate; however, ultimate losses will not be known with any certainty for many years. We assume that increasing medical and indemnity cost trends will continue to impact our long-term claims costs, which may be offset by rate increases. Additional information regarding our reserves for losses and LAE is set forth under "–Critical Accounting Policies –Reserves for Losses and LAE." See also, "–Summary of Financial Results by Segment –Employers."
Commission Expenses
Commission expenses include direct commissions to our agents and brokers, including our partnerships and alliances, for the premiums that they produce for us, as well as incentive payments, other marketing costs, and fees. See "–Summary of Financial Results by Segment –Employers."
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Underwriting and General and Administrative Expenses
Underwriting expenses represent those costs that we incur to underwrite and maintain the insurance policies we issue, excluding commissions. Direct underwriting expenses, such as premium taxes, policyholder dividends, and those expenses that vary directly with the production of new or renewal business, are recognized as the associated premiums are earned. Indirect underwriting expenses, such as the operating expenses of each of the Company's subsidiaries, do not vary directly with the production of new or renewal business and are recognized as incurred.
General and administrative expenses of the holding company are excluded in determining the underwriting expense ratios of our reportable segments.
Interest and Financing Expenses
Interest and financing expenses include credit facility fees and interest, letter of credit fees, finance lease interest, and other financing fees.
Other Expenses
During the year ended December 31, 2021, we recorded $3.1 million of employee severance costs resulting from a 2021 reduction-in-force. This action was taken to better align our expenses with current revenues. Additionally, during the year ended December 31, 2021, we wrote off $1.0 million of previously capitalized costs relating to information technologies identified as no longer being utilized. This charge was the result of our continual evaluation of ongoing technology initiatives. In 2020, as a result of the effectiveness of our work-from-home transition, we reduced our real estate footprint and closed and vacated various office locations and, accordingly, we recorded charges of $0.8 million related to the abandonment of certain operating leases.
Income Tax Expense
On January 1, 2000, EICN assumed the assets, liabilities, and operations of the Fund pursuant to legislation passed in the 1999 Nevada Legislature (the Privatization). Prior to the Privatization, the Fund was part of the State of Nevada and therefore was not subject to federal income tax. Accordingly, our pre-Privatization loss and LAE reserve adjustments, LPT Reserve Adjustments and Deferred Gain amortization impact our net income but do not change our taxable income.
Income tax expense was $27.7 million, $27.9 million, and $36.7 million for the years ended December 31, 2021, 2020, and 2019, respectively, representing effective tax rates of 18.8%, 18.9%, and 18.9% for the years ended December 31, 2021, 2020, and 2019, respectively.
Tax-advantaged investment income, LPT Reserve Adjustments, LPT Contingent Commission Adjustments, Deferred Gain amortization and certain other adjustments reduced our income tax expense computed at a statutory rate of 21% by $3.3 million, $3.1 million, and $4.0 million for the years ended December 31, 2021, 2020, and 2019, respectively.
For additional information regarding our income tax expense see Note 8 in the Notes to our Consolidated Financial Statements.
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Summary of Financial Results by Segment
EMPLOYERS
The components of Employers' net income before income taxes are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| ($ in millions) | ||||||||||
| Gross premiums written | $ | 588.2 | $ | 579.8 | $ | 696.8 | ||||
| Net premiums written | $ | 581.6 | $ | 574.6 | $ | 691.4 | ||||
| Net premiums earned | $ | 573.7 | $ | 615.1 | $ | 695.8 | ||||
| Net investment income | 69.3 | 72.1 | 84.1 | |||||||
| Net realized and unrealized gains on investments | 54.5 | 20.9 | 47.7 | |||||||
| Other income | 1.4 | 0.8 | 0.9 | |||||||
| Total revenues | 698.9 | 708.9 | 828.5 | |||||||
| Losses and LAE | 326.2 | 314.2 | 378.6 | |||||||
| Commission expense | 76.1 | 78.8 | 88.1 | |||||||
| Underwriting expenses | 131.2 | 151.1 | 153.2 | |||||||
| Interest and financing expenses | — | 0.1 | 0.6 | |||||||
| Other expenses | 4.1 | 0.7 | — | |||||||
| Total expenses | 537.6 | 544.9 | 620.5 | |||||||
| Net income before income taxes | $ | 161.3 | $ | 164.0 | $ | 208.0 | ||||
| Underwriting income | $ | 40.2 | $ | 71.0 | $ | 75.9 | ||||
| Combined ratio | 93.1 | % | 88.5 | % | 89.1 | % |
Underwriting Results
Gross Premiums Written
Gross premiums written were $588.2 million, $579.8 million, and $696.8 million for the years ended December 31, 2021, 2020, and 2019, respectively. The increase in 2021 primarily resulted from our appetite expansion effort, continued strong new business writings, particularly in California, and further audit premium recognition. Despite the increases we experienced in 2021, decreases in average rates and policy sizes in many of the states in which we do business further impacted our gross premiums written. We increased our final audit accruals by $12.3 million during the year, as payroll exposure improved with the labor market strengthening. We have experienced increases in new business submissions, quotes and binds in the majority of the states in which we operate, including California where increases have occurred since the second quarter of 2021. Whereas our in-force policies have increased throughout 2021, our in-force premiums have only begun to increase since May of 2021. In addition, our retention rate has remained strong throughout 2021.
The decrease in 2020 was primarily driven by the impacts of the COVID-19 pandemic, including higher levels of unemployment and declines in payrolls for many of our insureds, upon which our premiums are based, particularly in our restaurant and hospitality classes. In 2020, we reduced our final audit accruals from approximately $35.0 million to zero to reflect our estimate of the exposure adjustments on our in-force policies that we expect have resulted and would result from the impact of economic contraction.
Net Premiums Written
Net premiums written were $581.6 million, $574.6 million, and $691.4 million for the years ended December 31, 2021, 2020, and 2019, respectively, which included $6.6 million, $5.2 million, and $5.4 million of reinsurance premiums ceded, respectively.
Net Premiums Earned
Net premiums earned were $573.7 million, $615.1 million, and $695.8 million for the years ended December 31, 2021, 2020, and 2019, respectively.
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The following table shows the percentage change in Employers' in-force premiums, policy count, average policy size, and payroll exposure upon which our premiums are based as of December 31, 2021 and 2020, respectively, overall, for California, where 45% of our premiums were generated, and for all other states, excluding California:
| Percentage Change 2021 Over 2020 | Percentage Change 2020 Over 2019 | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Overall | California | All Other States | Overall | California | All Other States | ||||||||||||
| In-force premiums | (1.3) | % | (1.4) | % | (1.3) | % | (13.1) | % | (20.6) | % | (5.7) | % | |||||
| In-force policy count | 6.7 | 2.8 | 9.1 | 4.8 | (8.1) | 14.7 | |||||||||||
| Average in-force policy size | (7.5) | (4.0) | (9.5) | (17.0) | (13.6) | (17.8) | |||||||||||
| In-force payroll exposure | 7.4 | 10.6 | 5.8 | (0.1) | (10.6) | 5.8 |
Losses and LAE, Commission Expenses, and Underwriting Expenses
The following table presents calendar year combined ratios for our Employers segment.
| Years Ended December 31, | ||||||||
|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||
| Loss and LAE ratio | 56.9 | % | 51.1 | % | 54.4 | % | ||
| Commission expense ratio | 13.3 | 12.8 | 12.7 | |||||
| Underwriting expense ratio | 22.9 | 24.6 | 22.0 | |||||
| Combined ratio | 93.1 | % | 88.5 | % | 89.1 | % |
Loss and LAE Ratio. We analyze our loss and LAE ratios on both a calendar year and accident year basis.
The calendar year loss and LAE ratio is calculated by dividing the losses and LAE recorded during the calendar year, regardless of when the underlying insured event occurred, by the net premiums earned during that calendar year. The calendar year loss and LAE ratio includes changes made during the calendar year in reserves for losses and LAE established for insured events occurring in the current and prior years. The calendar year loss and LAE ratio for a particular year will not change in future periods.
The accident year loss and LAE ratio is calculated by dividing cumulative losses and LAE for reported events that occurred during a particular year by the net premiums earned for that year. The accident year loss and LAE ratio for a particular year can decrease or increase when recalculated in subsequent periods as the reserves established for insured events occurring during that year develop favorably or unfavorably. The accident year loss and LAE ratio is based on our statutory financial statements and is not derived from our GAAP financial information.
We analyze our calendar year loss and LAE ratio to measure our profitability in a particular year and to evaluate the adequacy of our premium rates charged in a particular year to cover expected losses and LAE from all periods, including development (whether favorable or unfavorable) of reserves established in prior periods. In contrast, we analyze our accident year loss and LAE ratios to evaluate our underwriting performance and the adequacy of the premium rates we charged in a particular year in relation to ultimate losses and LAE from insured events occurring during that year. The loss and LAE ratios provided in this report are on a calendar year basis, except where they are expressly identified as accident year loss and LAE ratios.
The table below reflects prior accident year loss and LAE reserve adjustments and the impact to loss ratio.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| ($ in millions) | ||||||||||
| Losses and LAE | $ | 326.2 | $ | 314.2 | $ | 378.6 | ||||
| Prior accident year favorable development, net | 39.8 | 81.6 | 77.5 | |||||||
| Current accident year losses and LAE | $ | 366.0 | $ | 395.8 | $ | 456.1 | ||||
| Current accident year loss and LAE ratio | 63.8 | % | 64.3 | % | 65.6 | % |
As part of our continued technology and process improvements initiative, we implemented a new comprehensive claims system during 2021, which we believe has enhanced and streamlined our claims handling processes and has positioned us for further improvement.
The increase in our total losses and LAE from 2020 to 2021 was primarily due to less favorable prior loss reserve development recognized in 2021, partially offset by lower earned premium in 2021. Net favorable year loss development recognized in 2021 totaled $39.8 million versus $81.6 million recognized in 2020. The decrease in our total losses and LAE from 2019 to 2020 was
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primarily due to higher earned premium in 2019, as well as a greater amount of net favorable prior year loss reserve development recognized during 2020. Net favorable prior year accident loss reserve development recognized in 2020 totaled $81.6 million versus $77.5 million recognized in 2019.
The net favorable development recognized in 2021 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2017 and prior, due primarily to decreasing medical costs and defense and cost containment, partially offset by: (i) $10.0 million of unfavorable development related to accident year 2019, which is reflective of more weight being placed on now sufficiently seasoned loss trends and patterns originating in part from business written in our newer territories; and (ii) $8.0 million of unfavorable loss development associated with two catastrophic non-COVID claims in accident year 2020.
The net favorable development recognized in 2020 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2018 and prior, due primarily to decreasing medical costs, partially offset by $13.3 million of adverse development on accident year 2019 due, in part, to an inability to fully execute our claims initiatives to reduce loss costs as a result of the COVID-19 pandemic.
The net favorable development recognized in 2019 was primarily the result of observed favorable paid loss cost trends predominantly related to accident years 2018 and prior, due primarily to decreasing medical costs and accelerated claims settlements.
The decreases in our current accident year loss and LAE ratios from 2019 to 2021 was primarily due to continued declines in indemnity claim frequency. In addition, our current accident year loss and LAE ratios continue to reflect the impact of key business initiatives, including: an emphasis on the accelerated settlement of open claims; diversifying our risk exposure across geographic markets; and leveraging data-driven strategies to target, underwrite, and price profitable classes of business across all of our markets.
We continue to believe that the economic conditions resulting from the COVID-19 pandemic, including the potential for a short-term increase in inflation, introduced an increased risk of latent claims reporting and/or medical inflation, particularly for the more recent prior accident years. As a result, since the first quarter of 2020, we have limited the recognition of observed favorable development for accident years subsequent to 2010.
Commission Expense Ratio. The commission expense ratio was 13.3%, 12.8%, and 12.7%, and our commission expenses were $76.1 million, $78.8 million, and $88.1 million for the years ended December 31, 2021, 2020, and 2019, respectively. The increase in the commission expense ratio for 2021 was primarily the result of increased commissions on new business writings, which are subject to a higher commission rate. The increase in the commission expense ratio for 2020 was primarily the result of a higher concentration of alternative distribution channels, which is subject to a higher commission rate, and increased commission expense on new business writings.
Underwriting Expense Ratio. The underwriting expense ratio was 22.9%, 24.6%, and 22.0%, and our underwriting expenses were $131.2 million, $151.1 million, and $153.2 million for the years ended December 31, 2021, 2020, and 2019, respectively. During the year ended December 31, 2021, compensation-related expenses decreased $11.2 million, bad debt expenses decreased $5.2 million, and premium taxes and assessments decreased $4.9 million, each compared to 2020. The 2021 decreases in underwriting expenses resulted from planned expense reductions and employee reductions and departures, which reduced our fixed expenses such as compensation and professional fees, as well as reductions in variable expenses, such as premium taxes and assessments and bad debt expenses, both resulting from the decrease in premiums earned. Additionally, bad debt decreased as a result of significant reductions in audit premium exposure and premium taxes and assessments were further reduced as a result of finalizing prior assessments that were subject to open years. During the year ended December 31, 2020, professional fees decreased $3.6 million and travel expenses decreased $2.0 million, partially offset by an increase in depreciation and amortization of $3.2 million, each compared to 2019.
Underwriting Income
Underwriting income for our Employers segment was $40.2 million, $71.0 million, and $75.9 million for the years ended December 31, 2021, 2020, and 2019, respectively. Underwriting income or loss is determined by deducting losses and LAE, commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income and Net Realized and Unrealized Gains on Investments, Other Income, Interest and Financing Expenses, and Other Expenses, see "–Results of Operations –Summary of Consolidated Financial Results."
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CERITY
The components of Cerity's net loss before income taxes are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| (in millions) | ||||||||||
| Gross premiums written | $ | 1.5 | $ | 0.3 | $ | 0.1 | ||||
| Net premiums written | $ | 1.5 | $ | 0.3 | $ | 0.1 | ||||
| Net premiums earned | $ | 0.7 | $ | 0.2 | $ | — | ||||
| Net investment income | 2.8 | 3.1 | 0.3 | |||||||
| Net realized and unrealized gains on investments | 0.3 | — | 0.1 | |||||||
| Other income | — | — | — | |||||||
| Total revenues | 3.8 | 3.3 | 0.4 | |||||||
| Losses and LAE | 0.5 | 0.1 | — | |||||||
| Underwriting expenses | 12.9 | 16.6 | 16.0 | |||||||
| Other expenses | — | 0.1 | — | |||||||
| Total expenses | 13.4 | 16.8 | 16.0 | |||||||
| Net loss before income taxes | $ | (9.6) | $ | (13.5) | $ | (15.6) | ||||
| Underwriting loss | $ | (12.7) | $ | (16.5) | $ | (16.0) | ||||
| Combined ratio | n/m | n/m | n/m | |||||||
| n/m - not meaningful |
Underwriting Results
Gross Premiums Written and Net Premiums Written
Gross premiums written and net premiums written were $1.5 million, $0.3 million and $0.1 million for the years ended December 31, 2021, 2020 and 2019, respectively.
Net premiums earned were $0.7 million, $0.2 million and less than $0.1 million for the years ended December 31, 2021, 2020 and 2019, respectively.
Underwriting Expenses
Underwriting expenses for our Cerity segment were $12.9 million, $16.6 million, and $16.0 million for the years ended December 31, 2021, 2020, and 2019, respectively. During the year ended December 31, 2021, our compensation-related expense decreased $3.3 million as compared to 2020. During the year ended December 31, 2020, professional fees increased $2.4 million, partially offset by a decrease in depreciation and amortization of $0.8 million and a decrease in compensation-related expenses of $0.7 million, each as compared to 2019.
The 2021 decreases in compensation expenses resulted primarily from employee reductions and departures.
Underwriting Loss
Underwriting losses for our Cerity segment were $12.7 million, $16.5 million, and $16.0 million for the years ended December 31, 2021, 2020, and 2019, respectively. Underwriting income or loss is determined by deducting losses and LAE, commission expense, and underwriting expenses from net premiums earned.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income and Net Realized and Unrealized Gains on Investments, Other Income, and Other Expenses, see "–Results of Operations –Summary of Consolidated Financial Results Consolidated."
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CORPORATE AND OTHER
The components of Corporate and Other's net income (loss) before income taxes are set forth in the following table:
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| (in millions) | ||||||||||
| Net investment income | $ | 0.6 | $ | 1.1 | $ | 3.7 | ||||
| Net realized and unrealized (losses) gains on investments | (0.2) | (1.9) | 3.3 | |||||||
| Total revenues | 0.4 | (0.8) | 7.0 | |||||||
| Losses and LAE - LPT | (11.5) | (11.9) | (12.7) | |||||||
| General and administrative expenses | 16.1 | 13.6 | 18.3 | |||||||
| Interest and financing expenses | 0.5 | 0.3 | — | |||||||
| Total expenses | 5.1 | 2.0 | 5.6 | |||||||
| Net income (loss) before income taxes | $ | (4.7) | $ | (2.8) | $ | 1.4 |
Losses and LAE - LPT
The table below reflects the impact of the LPT on Losses and LAE, which are recorded as a reduction to Losses and LAE incurred on our Consolidated Statements of Comprehensive Income.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| (in millions) | ||||||||||
| Amortization of the Deferred Gain related to losses | $ | 6.7 | $ | 8.7 | $ | 8.9 | ||||
| Amortization of the Deferred Gain related to contingent commission | 1.7 | 1.8 | 1.8 | |||||||
| Impact of LPT Reserve Adjustments(1) | 2.6 | 1.2 | 1.8 | |||||||
| Impact of LPT Contingent Commission Adjustments(2) | 0.5 | 0.2 | 0.2 | |||||||
| Total impact of the LPT | $ | 11.5 | $ | 11.9 | $ | 12.7 |
(1)LPT Reserve Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income, such that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
(2)LPT Contingent Commission Adjustments result in a cumulative adjustment to the Deferred Gain, which is recognized in losses and LAE incurred on our Consolidated Statements of Comprehensive Income, such that the Deferred Gain reflects the balance that would have existed had the revised contingent profit commission been recognized at the inception of the LPT Agreement. (See Note 2 in the Notes to our Consolidated Financial Statements.)
General and Administrative Expenses
General and administrative expenses primarily consist of compensation related expenses, professional fees, and other corporate expenses at the holding company level. General and administrative expenses were $16.1 million, $13.6 million, and $18.3 million for the years ended December 31, 2021, 2020, and 2019, respectively. During the year ended December 31, 2021, our compensation-related expenses increased $2.3 million, as compared to 2020. The increase in compensation expenses during the year end December 31, 2021 related primarily to the April 1, 2021 retirement of Douglas D. Dirks, our former President and Chief Executive Officer, and reflected: (i) an acceleration of certain of Mr. Dirks' outstanding share-based awards pursuant to the retirement provisions of such awards; and (ii) additional vesting of certain of Mr. Dirks' outstanding share-based awards. During the year ended December 31, 2020, our compensation-related expenses decreased $3.2 million, due primarily to lower incentive compensation accruals, and our professional fees decreased $0.9 million, each as compared to 2019.
Non-Underwriting Income and Expenses
For a further discussion of non-underwriting related income and expenses, including Net Investment Income, Net Realized and Unrealized Gains and Losses on Investments, and Interest and Financing Expenses, see "–Results of Operations –Summary of Consolidated Financial Results."
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Liquidity and Capital Resources
COVID-19 Considerations
The pandemic's disruptions on the U.S. economy, our current operations and our investment portfolio have, at times, been significant. Nonetheless we believe that the liquidity available to our holding company and its operating subsidiaries remains adequate and we do not currently foresee a need to: (i) suspend ordinary dividends, or forgo repurchases of our common stock; (ii) seek a capital infusion; or (iii) seek any material non-investment asset sales. Furthermore, the holding company has no outstanding debt obligations and its operating subsidiaries have no interest-bearing debt obligations.
Holding Company Liquidity
We are a holding company and our ability to fund our operations is contingent upon existing capital and the ability of our subsidiaries to pay dividends up to the holding company. Payment of dividends by our insurance subsidiaries is restricted by state insurance laws and regulations, including laws establishing minimum solvency and liquidity thresholds. We require cash to pay stockholder dividends, repurchase common stock, provide additional surplus to our insurance subsidiaries, and fund our operating expenses.
Our insurance subsidiaries' ability to pay dividends to their parent is based on reported capital, surplus, and dividends paid within the prior 12 months. For 2022, EICN cannot pay any dividends through March 22, 2022 and can pay $9.7 million thereafter, without prior regulatory approval; EPIC cannot pay any dividends through June 18, 2022, and can pay $24.0 million thereafter, without prior regulatory approval; EAC cannot pay any dividends through June 30, 2022, and can pay $23.2 million thereafter, without prior regulatory approval; and CIC cannot pay dividends through August 30, 2022, without prior regulatory approval, and $2.7 million thereafter.
On January 14, 2022, ECIC received regulatory approval from the California DOI to pay an extraordinary distribution, in the amount of $120.0 million, to its parent company, EGI. This distribution was approved by ECIC’s Board of Directors on November 12, 2021 and it was paid to EGI on February 15, 2022. As a result of this distribution, ECIC cannot pay dividends through February 15, 2023, without prior regulatory approval.
Total cash and investments at the holding company were $39.9 million at December 31, 2021, consisting of $4.8 million of cash and cash equivalents, $10.1 million of fixed maturity securities, and $25.0 million of equity securities.
On December 15, 2020, EHI entered into a Credit Agreement (the Credit Agreement) with a syndicate of financial institutions. The Credit Agreement provides EHI with a $75.0 million three-year revolving credit facility. Borrowings under the Credit Agreement may be used for working capital and general corporate purposes. Pursuant to the Credit Agreement, EHI has the option to request an increase of the credit available under the facility, up to a maximum facility amount of $125.0 million, subject to the consent of lenders and the satisfaction of certain conditions. EHI borrowed and subsequently repaid $27.0 million under the Credit Agreement during the year ended December 31, 2021. EHI had no outstanding advances under the Credit Agreement at December 31, 2021.
The interest rates applicable to loans under the Credit Agreement are generally based on a base rate plus a specified margin, ranging from 0.25% to 1.25%, or the Eurodollar rate (which will convert to an alternative reference rate once LIBOR is discontinued) plus a specified margin, ranging from 1.25% to 2.25%. Total interest paid during the year ended December 31, 2021 was $0.3 million.
The Credit Agreement contains covenants that require us to maintain: (i) a minimum consolidated net worth of no less than 70% of our stockholders’ equity as of September 30, 2020, plus 50% of our aggregate net income thereafter; and (ii) a debt to total capitalization ratio of no more than 35%, in each case as determined in accordance with the Credit Agreement.
Operating Subsidiaries' Liquidity
The primary sources of cash for our operating subsidiaries, which include our insurance and other operating subsidiaries, are premium collections, investment income, sales and maturities of investments, proceeds from FHLB advances, and reinsurance recoveries. The primary uses of cash for our operating subsidiaries are payments of losses and LAE, commission expenses, underwriting and general and administrative expenses, ceded reinsurance, repayments of FHLB advances, investment purchases and dividends paid to their parent.
Total cash and investments held by our operating subsidiaries was $2,771.4 million at December 31, 2021, consisting of $70.5 million of cash, cash equivalents, and restricted cash, $2,332.6 million of fixed maturity securities, $319.4 million of equity securities, $10.5 million of short-term investments, and $38.4 million of other invested assets. Sources of immediate and unencumbered liquidity at our operating subsidiaries as of December 31, 2021 consisted of $71.2 million of cash and cash equivalents, $296.0 million of publicly-traded equity securities whose proceeds are available within three business days, $880.7 million of highly liquid fixed maturity securities whose proceeds are available within three business days, and $10.5 million of short-term investments whose proceeds are available within three business days. We believe that our subsidiaries' liquidity needs over the next 24 months will be met with cash from operations, investment income, and maturing investments.
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EICN, ECIC, EPIC, and EAC are members of the Federal Home Loan Bank of San Francisco (FHLB). Membership allows our subsidiaries access to collateralized advances, which may be used to support and enhance liquidity management. The amount of advances that may be taken is dependent on statutory admitted assets on a per company basis.
During the second quarter of 2020, the FHLB announced its Zero Interest Recovery Advance Program (the FHLB Advance Program). The FHLB Advance Program is a zero percent interest, six-month or one-year credit product that members can use to provide immediate relief to property owners, businesses, and other customers struggling with the financial impacts of the COVID-19 pandemic. Each member was allocated up to $10.0 million in advances under the FHLB Advance Program.
On May 11, 2020, our insurance subsidiaries received a total of $35.0 million of advances under the FHLB Advance Program. The advances were secured by collateral previously pledged to the FHLB by our insurance subsidiaries in support of our existing collateralized advance facility, which has been reduced by the amount of these outstanding advances. Our insurance subsidiaries repaid $15.0 million on November 4, 2020, $5.0 million on March 31, 2021, and $15.0 million on May 4, 2021. As of December 31, 2021, we have no outstanding advances.
FHLB membership also allows our insurance subsidiaries access to Letter of Credit Agreements and on March 9, 2018, ECIC, EPIC, and EAC entered into Letter of Credit Agreements with the FHLB. On January 26, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB and EPIC to decrease its respective credit amount. On August 13, 2021, we chose to amend our existing Letter of Credit Agreements among the FHLB, ECIC and EAC to decrease their respective credit amounts. The amended Letter of Credit Agreements are between the FHLB and each of EAC, in the amount of $25.0 million, ECIC, in the amount of $35.0 million, and EPIC, in the amount of $10.0 million. The amended Letter of Credit Agreements will expire March 31, 2022. The Letter of Credit Agreements may only be used to satisfy, in whole or in part, insurance deposit requirements with the State of California and are fully secured with eligible collateral at all times (See Note 11 in the Notes to our Consolidated Financial Statements).
We purchase reinsurance to protect us against the costs of severe claims and catastrophic events, including pandemics. On July 1, 2021, we entered into a new reinsurance program that is effective through June 30, 2022. The reinsurance program consists of one treaty covering excess of loss and catastrophic loss events in four layers of coverage. Our reinsurance coverage is $190.0 million in excess of our $10.0 million retention on a per occurrence basis, subject to certain exclusions. We believe that our reinsurance program meets our needs and that we are sufficiently capitalized. We further believe that we will not trigger a recovery under our current excess of loss reinsurance program in connection with the COVID-19 pandemic.
Our insurance subsidiaries are required by law to maintain a certain minimum level of surplus on a statutory basis. Surplus is calculated by subtracting total liabilities from total admitted assets. The amount of capital in our insurance subsidiaries is maintained relative to standardized capital adequacy measures such as risk-based capital (RBC), as established by the National Association of Insurance Commissioners. The RBC standard was designed to provide a measure by which regulators can assess the adequacy of an insurance company's capital and surplus relative to its operations. An insurance company must maintain capital and surplus of at least 200% of RBC. Each of our insurance subsidiaries had total adjusted capital in excess of the minimum RBC requirements that correspond to any level of regulatory action at December 31, 2021.
Various state laws and regulations require us to hold investment securities or letters of credit on deposit with certain states in which we do business. Securities having a fair value of $861.4 million and $768.7 million were on deposit at each of December 31, 2021 and 2020, respectively. These laws and regulations govern both the amount and types of investment securities that are eligible for deposit. Additionally, standby letters of credit from the FHLB have been issued in lieu of $70.0 million and $275.0 million of securities on deposit at December 31, 2021 and 2020, respectively.
Certain reinsurance contracts require company funds to be held in trust for the benefit of the ceding reinsurer to secure the outstanding liabilities we assumed. The fair value of fixed maturity securities held in trust for the benefit of our ceding reinsurers was $3.1 million and $3.2 million at December 31, 2021 and 2020, respectively.
Sources of Liquidity
We monitor the cash flows of each of our subsidiaries individually, as well as collectively as a consolidated group. We use trend and variance analyses to project future cash needs, making adjustments to our forecasts as appropriate.
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The table below shows our net cash flows. For additional information regarding our cash flows, see Item 8, Consolidated Statements of Cash Flows.
| Years Ended December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| Cash, cash equivalents, and restricted cash provided by (used in): | (in millions) | |||||||||
| Operating activities | $ | 10.8 | $ | 33.0 | $ | 122.5 | ||||
| Investing activities | (1.7) | 84.3 | 49.2 | |||||||
| Financing activities | (94.4) | (111.9) | (118.5) | |||||||
| (Decrease) increase in cash, cash equivalents, and restricted cash | $ | (85.3) | $ | 5.4 | $ | 53.2 |
Operating Activities
Net cash provided by operating activities in 2021 included net premiums received of $568.0 million and investment income received of $82.0 million. These operating cash inflows were partially offset by net claims payments of $394.6 million, underwriting and general and administrative expenses paid of $141.0 million, commissions paid of $74.8 million, and federal income taxes paid of $28.2 million.
Net cash provided by operating activities in 2020 included net premiums received of $624.6 million and investment income received of $87.2 million. These operating cash inflows were partially offset by net claims payments of $402.6 million, underwriting and general and administrative expenses paid of $171.3 million, commissions paid of $85.7 million, and federal income taxes paid of $18.5 million.
Net cash provided by operating activities in 2019 included net premiums received of $746.2 million, investment income received of $98.5 million, and cash received of $19.1 million for the LPT Contingent Commission. These operating cash inflows were partially offset by net claims payments of $403.3 million, underwriting and general and administrative expenses paid of $184.8 million, commissions paid of $95.1 million, and federal income taxes paid of $37.8 million.
Investing Activities
Net cash used in investing activities in 2021 was primarily related to the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income. These investing cash outflows were largely offset by sales, maturities, and redemptions of investments whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases.
Net cash provided by investing activities in 2020 was primarily related to sales, maturities, and redemptions of investments whose proceeds were used to fund claims payments, underwriting and general and administrative expenses, stockholder dividend payments, and common stock repurchases, partially offset by the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Net cash provided by investing activities in 2019 was primarily related to sales, maturities, and redemptions of investments whose proceeds were used to fund the acquisition of CIC, claims payments, underwriting and general and administrative expenses, stockholder dividend payments, debt repayment, and common stock repurchases, partially offset by the investment of premiums received and reinvestment of funds from investment sales, maturities, redemptions, and interest income.
Financing Activities
Net cash used in financing activities in 2021 included common stock repurchases and stockholder dividend payments and repayments of FHLB advances. During the year ended December 31, 2021, we borrowed and subsequently repaid $27.0 million under the Credit Agreement.
Net cash used in financing activities in 2020 included common stock repurchases and stockholder dividend payments, partially offset by net cash received from the FHLB Advance Program.
Net cash used in financing activities in 2019 included common stock repurchases, the redemption of notes payable, and stockholder dividend payments.
Dividends. We paid $29.0 million, $30.5 million, and $28.3 million in dividends to our stockholders in 2021, 2020, and 2019, respectively. The declaration and payment of future dividends to common stockholders will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, legal and regulatory requirements, and any other factors our Board of Directors deems relevant. On February 15, 2022, the Board of Directors declared a $0.25 dividend per share, payable March 15, 2022, to stockholders of record on March 1, 2022.
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Repurchases of Common Stock. We repurchased $42.2 million, $99.8 million and $67.1 million of our common stock in 2021, 2020, and 2019, respectively. On July 21, 2021, our Board of Directors authorized a new share repurchase authorization for repurchases of up to $50.0 million of our common stock from July 27, 2021 through December 31, 2022 (the 2021 Program). The 2021 Program replaces the 2018 Program, which expired on June 30, 2021. Future repurchases of our common stock will be at the discretion of our Board of Directors and will depend upon many factors, including our financial position, capital requirements of our operating subsidiaries, general business and social economic conditions, legal, tax, regulatory, and/or contractual restrictions, and any other factors our Board of Directors deems relevant. As of December 31, 2021, we had a remaining common stock repurchase authorization of $27.9 million. See Item 5, Issuer Purchases of Equity Securities.
Capital Resources
As of December 31, 2021, the capital resources available to us consisted of $1,213.1 million of stockholders' equity and the $114.4 million Deferred Gain.
Stockholders' Equity. The following table summarizes our beginning and ending stockholders' equity balance and the changes thereto for each of the years ended December 31, 2021, 2020, and 2019:
| December 31, | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2021 | 2020 | 2019 | ||||||||
| (in millions) | ||||||||||
| Beginning Balance | $ | 1,212.8 | $ | 1,165.8 | $ | 1,018.2 | ||||
| Stock-based obligations | 9.1 | 9.7 | 10.1 | |||||||
| Stock options exercised | 1.1 | 0.9 | 0.7 | |||||||
| Shares withheld to satisfy minimum tax withholdings for certain stock-based obligations | (3.8) | (2.7) | (3.2) | |||||||
| Acquisition of common stock | (42.2) | (99.8) | (67.1) | |||||||
| Dividends declared | (28.7) | (30.8) | (28.9) | |||||||
| Net income for the year | 119.3 | 119.8 | 157.1 | |||||||
| Change in net unrealized gains (losses) on investments, net of taxes | (54.5) | 49.8 | 79.0 | |||||||
| Ending Balance | $ | 1,213.1 | $ | 1,212.8 | $ | 1,165.8 |
Deferred Gain. The Deferred Gain, which totaled $114.4 million and $125.4 million as of December 31, 2021 and 2020, respectively, reflects the unamortized gain from the LPT Agreement. See Note 2 in the Notes to our Consolidated Financial Statements.
Contractual Obligations and Commitments
Other than operating expenses, current and long-term cash requirements include the following contractual obligations and commitments as of December 31, 2021.
Leases
We have entered into lease arrangements for certain equipment and facilities. As of December 31, 2021, we had lease payment obligations of $17.1 million, with $3.4 million payable within 12 months.
Other Purchase Obligations
We have other purchase obligations that primarily consist of non-cancellable obligations to acquire capital assets, commitments for information technology and related services, software acquisition and license commitments and other legally binding agreements to purchase services that are to be used in our operations. As of December 31, 2021, we had other purchase obligations of $21.7 million, with $5.5 million payable within 12 months.
Unfunded Investment Commitments
We have investments in private equity limited partnerships that require capital distributions to fund the investments and can be called at any time deemed necessary. As of December 31, 2021, we had unfunded investment commitments of $46.4 million.
Unpaid Losses and LAE reserves
We have unpaid losses and LAE reserves payment patterns that are computed based on historical information. Our calculation of loss and LAE reserve payments by period is subject to the same uncertainties associated with determining the level of reserves and to the additional uncertainties arising from the difficulty of predicting when claims (including claims that have not yet been reported to us) will be paid. Actual payments of losses and LAE by period will vary, perhaps materially, to the extent that current estimates of losses and LAE reserves vary from actual ultimate claims amounts due to variations between expected and actual payout patterns. As of December 31, 2021, we had unpaid losses and LAE reserve payments of $1,981.2 million,
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with $309.6 million payable within 12 months. For a discussion of our reserving process, see ''–Critical Accounting Policies–Reserves for Losses and LAE.''
The unpaid losses and LAE reserves payments are gross of reinsurance recoverables for unpaid losses. As of December 31, 2021, we had reinsurance recoverables on unpaid losses and LAE of $476.9 million, with recoveries of $31.0 million within 12 months.
Investments
Our investment portfolio is structured to support our need for: (i) optimizing our risk-adjusted total return; (ii) providing adequate liquidity; (iii) facilitating financial strength and stability; and (iv) ensuring regulatory and legal compliance. These investments provide a steady source of income, which may fluctuate with changes in interest rates and our current investment strategies.
Our Investment Managers follow our written investment guidelines, which are approved by the Finance Committee of the Board of Directors. Our asset allocation is reevaluated by management and reviewed by the Finance Committee of the Board of Directors on a quarterly basis. We also utilize our Investment Managers' investment advisory services to assist us in developing a tailored set of portfolio targets and objectives.
As of December 31, 2021, our investment portfolio consisted of 86% fixed maturity securities. We strive to limit the interest rate risk associated with fixed maturity investments by managing the duration of these securities. Our fixed maturity securities (excluding cash and cash equivalents) had a duration of 3.4 at December 31, 2021. To minimize interest rate risk, our portfolio is weighted toward short-term and intermediate-term bonds; however, our investment strategy balances consideration of duration, yield, and credit risk. Our investment guidelines require that the minimum weighted average quality of our fixed maturity securities portfolio be "A+," using ratings assigned by S&P or an equivalent rating assigned by another nationally recognized statistical rating agency. Our fixed maturity securities portfolio had a weighted average quality of "A+" as of December 31, 2021. Other securities within fixed maturity securities consist of bank loans, which are classified as AFS and are reported at fair value.
Our investment portfolio also contains equity securities. We strive to limit the exposure to equity price risk associated with publicly traded equity securities by diversifying our holdings across several industry sectors. These equity securities had a fair value of $338.8 million at December 31, 2021, which represented 12% of our investment portfolio at that time. We also have a $5.6 million investment in FHLB stock which we record at cost. We receive periodic dividends from the FHLB for this investment, when declared, which can vary from period to period.
Our Other invested assets made up 1% of our investment portfolio at December 31, 2021 and include private equity limited partnerships. Our investments in private equity limited partnerships totaled $38.4 million at December 31, 2021 and are generally not redeemable by the investees and cannot be sold without prior approval of the general partner. These investments have a fund term of 10 to 12 years, subject to two or three one-year extensions at the general partner's discretion. We expect to receive distributions of proceeds from dividends and interest from fund investments, as well as from the disposition of a fund investment or portion thereof, from time-to-time during the full course of the fund term. As of December 31, 2021, we had unfunded commitments to these private equity limited partnerships totaling $46.4 million.
We believe that our current asset allocation meets our strategy to preserve capital for claims and policy liabilities and to provide sufficient capital resources to support and grow our ongoing insurance operations.
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The following table shows the estimated fair value, the percentage of the fair value to total invested assets, and the average ending book yield (each based on the book value of each category of invested assets) as of December 31, 2021.
| Category | Estimated Fair Value | Percentage of Total | Book Yield | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| (in millions, except percentages) | ||||||||||
| U.S. Treasuries | $ | 65.7 | 2.4 | % | 1.8 | % | ||||
| U.S. Agencies | 2.4 | 0.1 | 2.9 | |||||||
| States and municipalities | 436.1 | 16.2 | 2.7 | |||||||
| Corporate securities | 1,080.3 | 40.1 | 3.3 | |||||||
| Residential mortgaged-backed securities | 321.8 | 12.0 | 2.3 | |||||||
| Commercial mortgaged-backed securities | 92.3 | 3.4 | 3.2 | |||||||
| Asset-backed securities | 68.5 | 2.5 | 3.7 | |||||||
| Collateralized loan obligations | 85.4 | 3.2 | 1.9 | |||||||
| Foreign government securities | 12.5 | 0.5 | 2.9 | |||||||
| Other securities | 177.7 | 6.6 | 3.6 | |||||||
| Equity securities | 338.8 | 12.6 | 2.2 | |||||||
| Short-term investments | 10.5 | 0.4 | 0.8 | |||||||
| Total investments at fair value | $ | 2,692.0 | 100.0 | % | ||||||
| Weighted average ending yield | 3.0 | % |
The following table shows the percentage of total estimated fair value of our fixed maturity securities as of December 31, 2021 by credit rating category, using the lower of the ratings assigned by Moody's Investors Service or S&P.
| Rating | Percentage of Total Estimated Fair Value | ||
|---|---|---|---|
| "AAA" | 6.9 | % | |
| "AA" | 35.3 | ||
| "A" | 31.3 | ||
| "BBB" | 15.2 | ||
| Below Investment Grade | 11.3 | ||
| Total | 100.0 | % |
Investments that we currently own could be subject to default by the issuer. We regularly assess individual securities as part of our ongoing portfolio management, including the identification of credit related losses. Our assessment includes reviewing the extent of declines in fair value of investments below amortized cost, historical and projected financial performance and near-term prospects of the issuer, the outlook for industry sectors, credit rating, and macro-economic changes, including those caused by the COVID-19 pandemic. We also make a determination as to whether it is more likely than not that we will be required to sell the security before its fair value recovers to above cost, or maturity.
In addition to recognizing realized gains and losses upon the disposition of an investment security, we also recognize: (i) in 2021 and 2020, realized gains or losses on AFS debt securities for changes in CECL; or (ii) prior to 2020, realized losses when securities are written down as a result of other-than-temporary impairment. We recognized $0.2 million and $0.7 million of CECL on AFS debt securities during the years ended December 31, 2021 and 2020. The decrease of $0.5 million in 2021 was due to price recoveries and reductions in allowance from disposals. We recognized no other-than-temporary impairments on fixed maturity securities during the year ended December 31, 2019. The remaining fixed maturity securities whose total fair value was less than amortized cost at December 31, 2021, 2020 and 2019, were those in which we had no intent, need or requirement to sell at an amount less than their amortized cost.
For additional information regarding our investments, including the cost or amortized cost, gross unrealized gains, gross unrealized losses, and estimated fair value of our investments, the amortized cost and estimated fair value of fixed maturity securities by contractual maturity, and net realized and unrealized gains on investments, see Note 5 in the Notes to our Consolidated Financial Statements.
Off-Balance Sheet Arrangements
We have no off-balance sheet arrangements.
Critical Accounting Estimates
The preparation of financial statements in accordance with GAAP requires both the use of estimates and judgment, relative to the application of appropriate accounting policies, which include the recognition of premium revenue, recoverability of deferred
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income taxes, and valuation of investments. Our accounting policies are described in Note 2 to our Consolidated Financial Statements, however, we believe that the following matters are particularly important to understand our financial statements because changes in these estimates or changes in the assumptions used to make them could have a material impact on our results of operations, financial condition, and cash flows.
Reserves for Losses and LAE
Accounting for workers' compensation insurance requires us to estimate the liability for the expected ultimate cost of unpaid losses and LAE (loss reserves) as of a balance sheet date. Loss reserve estimates are inherently uncertain because the ultimate amount we pay for many of the claims we have incurred as of the balance sheet date will not be known for many years. Our estimate of loss reserves is intended to equal the difference between the expected ultimate losses and LAE of all claims that have occurred as of a balance sheet date and amounts already paid. We establish loss reserves based on our own analysis of emerging claims experience and environmental conditions in our markets and review of the results of various actuarial projections. Our aggregate carried loss reserves is the sum of our reserves for each accident year and represents our best estimate of outstanding loss reserves.
The amount by which estimated losses in the aggregate differ from those previously estimated for a specific time period is known as reserve "development." Reserve development is unfavorable when losses ultimately settle for more than the amount estimated or subsequent estimates indicate a basis for reserve increases, causing the previously estimated loss reserves to be ''deficient.'' Reserve development is favorable when estimates of ultimate losses indicate a decrease in established reserves, causing the previously estimated loss reserves to be ''redundant.'' Development is reflected in our operating results through an adjustment to incurred losses and LAE during the period in which it is recognized.
Although claims for which reserves are established may not be paid for several years or more, we do not discount loss reserves in our financial statements for the time value of money, in accordance with GAAP.
The three main components of our loss reserves are case reserves, incurred but not reported (IBNR) loss reserves, and LAE reserves.
When claims are reported to us, we establish individual estimates of the ultimate cost of each claim (case reserves). These case reserves are continually monitored and revised in response to new information and for amounts paid.
In addition to case reserves, we establish a provision for IBNR. IBNR is an actuarial estimate comprised of the following: (a) future payments on claims that are incurred but have not yet been reported to us; (b) a reserve for the additional development on claims that have been reported to us; and (c) a provision for additional payments on closed claims that might reopen. IBNR reserves apply to the entire body of claims arising from a specific time period, rather than a specific claim. Most of our IBNR reserves relate to estimated future claim payments on recorded open claims.
LAE reserves are our estimate of future expense payments to manage, investigate, administer, and settle claims that have occurred, and include legal expenses. LAE reserves are established in the aggregate, rather than on a claim-by-claim basis. LAE reserves are categorized between defense and cost containment, and adjusting and other.
We cede a portion of our obligations for losses and LAE to unaffiliated reinsurers. The amount of reinsurance that will be recoverable on our losses and LAE includes both the reinsurance recoverable from our excess of loss reinsurance contracts, as well as reinsurance recoverable under the terms of the LPT Agreement.
Our loss reserves (gross and net of reinsurance), including the main components of such reserves, were as follows:
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2021 | 2020 | |||||
| (in millions) | ||||||
| Case reserves | $ | 900.2 | $ | 928.3 | ||
| IBNR | 818.7 | 861.7 | ||||
| LAE reserves | 262.3 | 279.4 | ||||
| Gross unpaid losses and LAE reserves | 1,981.2 | 2,069.4 | ||||
| Less reinsurance recoverable on unpaid losses and LAE, excluding CECL allowance | 476.9 | 497.0 | ||||
| Net unpaid losses and LAE reserves | $ | 1,504.3 | $ | 1,572.4 |
We use actuarial methods to analyze and estimate the aggregate amount of loss reserves. Management considers the results of various actuarial methods and their underlying assumptions, among other factors, in establishing loss reserves.
Judgment is required in the actuarial estimation of loss reserves, including the selection of various actuarial methodologies to project the ultimate cost of claims. Specifically, judgment is required in the following areas: the selection of parameters utilized in the various methodologies; the use of industry data and other benchmarks; and the weighting of differing reserve indications
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resulting from alternative methods and assumptions. The adequacy of our ultimate loss reserves is inherently uncertain and represents a significant risk to our business. We attempt to mitigate this risk through our claims management processes and by monitoring and reacting to statistics relating to the cost and duration of claims.
We compile and aggregate our claims data by grouping the claims according to the accident year in which the claim occurred when analyzing claim payment and emergence patterns and trends over time. Additionally, we aggregate and analyze claims data by claim type, benefits type, and by state, territory within state, or groups of states in which we do business.
Our Internal Actuary prepared reserve estimates for all accident years using our own historical claims data, industry data and many of the generally accepted actuarial methodologies for estimating loss reserves, such as paid loss development methods, incurred loss development methods, and Bornhuetter-Ferguson methods. These methods vary in their responsiveness to different information, characteristics, and dynamics in the data, and the results assist the actuary in considering these characteristics and dynamics in the historical data. The methods employed for each segment of claims data, and the relative weight accorded to each method, vary depending on the nature of the claims segment and on the age of the claims.
Each actuarial methodology requires the selection and application of various parameters and assumptions. The key parameters and assumptions include: the future payment and emergence patterns of our aggregate claims data; the magnitude and changes in claim settlement activity; the effects of legislative benefit changes and/or judicial decisions; and trends in the frequency and severity of claims.
Management, along with our Internal Actuary, separately analyzed LAE and estimated unpaid LAE. These analyses rely primarily on examining the relationship between historical aggregate paid LAE and the volume of claims activity for the corresponding periods. The portion of unpaid LAE that will be recoverable from reinsurers is estimated based on the contractual reinsurance terms.
The ranges of estimates of loss reserves produced by our Internal Actuary are intended to represent the range in which it is most likely that the ultimate losses will fall. These ranges are narrower than the range of indications produced by the individual methods applied because it is not likely that the high or low result will emerge for every claim segment and accident year. Each actuary's point estimate of loss reserves for each claim segment is based on a judgmental selection from within the range of results indicated by the different actuarial methods.
Management formally establishes loss reserves for financial statement purposes on a quarterly basis. In doing so, we make reference to the most current analyses of our Internal Actuary, including a review of the assumptions and the results of the various actuarial methods used. Our Internal Actuary conducted comprehensive studies in the second and fourth quarters. On the alternate quarters, our Internal Actuary updates the results of the preceding quarter's studies for actual claim payment and case reserve activity.
The aggregate carried reserve calculated by management represents our best estimate of our outstanding unpaid losses and LAE. In establishing management's best estimate of unpaid losses and LAE at December 31 for the last three years, management and our Internal Actuary reviewed and considered the following: (a) our Internal Actuary's assumptions, point estimates, and ranges; and (b) the inherent uncertainty of workers' compensation loss reserves. Management did not quantify a specific loss reserve increment for each uncertainty, but rather established an overall provision that represented management's best estimate of loss reserves in light of the historical data, actuarial assumptions, point estimate and range, and current facts and circumstances.
The table below provides the actuarial range of loss reserves, net of reinsurance, that management considered when selecting its best estimate and our carried reserves.
| As of December 31, | ||||||
|---|---|---|---|---|---|---|
| 2021 | 2020 | |||||
| (in millions) | ||||||
| Low end of actuarial range | $ | 1,351.3 | $ | 1,392.3 | ||
| Carried reserves | 1,504.3 | 1,572.4 | ||||
| High end of actuarial range | 1,687.1 | 1,734.1 |
As of December 31, 2021, California and Nevada loss reserves represented approximately 70% of our total loss reserves on our Consolidated Balance Sheet.
In California, our recent loss experience from 2012 through 2019, indicates a slight downward trend in medical severity and a slight upward trend in indemnity severity. The reduction in medical severity can be attributed to a number of factors including California Senate Bill 863 (SB 863), which was enacted in 2012 and largely became effective in 2013/2014. Among the more significant changes, SB 863 introduced independent medical review (IMR) into the dispute resolution process and filing fees for medical liens. On the indemnity side, various provisions of SB 863 resulted in an overall increase in certain benefits. Our
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indemnity claims frequency (the number of claims expressed as a percentage of payroll) has decreased year-over-year for the past four years. Aside from the impact of recent regulatory changes, we believe our increased emphasis on claims settlements, as well as our various underwriting initiatives, have contributed to more favorable trends in our California results.
In Nevada, we have compiled a lengthy history of workers' compensation claims payment patterns based on the business of the Fund and EICN, but the emergence and payment of claims in recent years has been more favorable than in the long-term history in Nevada with the Fund. The expected patterns of claim payments and emergence used in the projection of our ultimate claim payments are based on both long and short-term historical data. In recent evaluations, claim patterns have continued to emerge in a manner consistent with short-term historical data. Consequently, our selection of claim projection patterns has relied more heavily on patterns observed in recent years.
Our insurance subsidiaries have been operating in a period characterized by changing environmental conditions in our major markets, entry into new markets, and operational changes. During periods characterized by such changes, at each evaluation, the actuaries and management must make judgments as to the relative weight to accord to long-term historical company data, more recent company data, and external data. We also consider the impact of environmental and operational changes and other factors when selecting the methods used to project ultimate losses and LAE, the parameters to incorporate in those methods, and the relative weights applied to those methods.
An internal initiative that began in 2014 emphasizes the settlement of open claims. This initiative has actively driven a significant increase in claims settlement activity and has primarily affected accident years 2009 and forward. This settlement activity has been recognized in the actuarial analysis using a methodology that adjusts the data and loss development patterns to account for an increase in settlements arising from this initiative.
Approximately 56% of our claims payments during the three years ended December 31, 2021 related to medical care for injured workers. The utilization and cost of medical services in the future is a significant source of uncertainty in the establishment of loss reserves for workers' compensation. Our loss reserves are established based on reviewing the results of actuarial methods, most of which do not contain explicit medical claim cost inflation rates; however, because medical care may be provided to an injured worker over many years, and in some cases decades, the pace of medical claim cost inflation can have a significant impact on our ultimate claim payments. For example, if the rate of medical claim cost inflation increases by 1% above the inflation rate that is implicitly included in the loss reserves at December 31, 2021, we estimate that future medical costs over the lifetime of current claims would increase by approximately $67.5 million on a net-of-reinsurance basis.
Our reserve estimates reflect expected increases in the costs of contested claims, but do not assume any losses resulting from significant new legal liability theories. Our reserve estimates also assume that there will not be significant future changes in the regulatory and legislative environment. In the event of significant new legal liability theories or new regulation or legislation, we will attempt to quantify its impact on our business.
If the actual loss reserves were at the high or the low end of the actuarial range, the impact on our financial results would have been as follows:
| December 31, | ||||||
|---|---|---|---|---|---|---|
| 2021 | 2020 | |||||
| Increase (decrease) in reserves (1) | (in millions) | |||||
| At low end of range | $ | (153.0) | $ | (180.1) | ||
| At high end of range | 182.8 | 161.7 | ||||
| Increase (decrease) in stockholders' equity and net income | ||||||
| At low end of range | $ | 120.9 | $ | 142.3 | ||
| At high end of range | (144.4) | (127.7) |
(1) The range of actuarial indications captures the range of reasonable estimates and is asymmetrical (e.g. not based on a normal distribution).
Actual losses are affected by a more complex combination of forces and dynamics than any one model or actuarial methodology can represent, and each methodology is an approximation of these complex forces and dynamics. None of the methods are designed or intended to produce an indication that is systematically higher or lower than the other methods. At any given evaluation date, some of the actuarial projection methods produce indications outside the actuary's selected range. Accordingly, we believe that the range of potential outcomes is considerably wider than the actuarially estimated range of the most likely outcomes. We have no basis for anticipating whether actual future payments of losses and LAE may be either greater than or less than the loss reserves currently on our Consolidated Balance Sheets.
Additionally, any adjustment to the estimated ceded reserves under the LPT Agreement results in a cumulative adjustment to the Deferred Gain, which is also included in losses and LAE incurred in the Consolidated Statements of Comprehensive Income, so that the Deferred Gain reflects the balance that would have existed had the revised reserves been recognized at the
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inception of the LPT Agreement. The table below provides the actuarial range of estimated liabilities for gross loss reserves under the LPT Agreement and our carried reserves.
| As of December 31, | ||
|---|---|---|
| 2021 | ||
| (in millions) | ||
| Low end of actuarial range | $ | 286.3 |
| LPT carried reserves | 328.7 | |
| High end of actuarial range | 366.5 |
Reinsurance Recoverables
Reinsurance recoverables represent: (a) amounts currently due from reinsurers on paid losses and LAE; (b) amounts recoverable from reinsurers on estimates of reported losses; and (c) amounts recoverable from reinsurers on actuarial estimates of IBNR for losses and LAE. These recoverables are based on our current estimates of the underlying loss reserves, and are reported on our Consolidated Balance Sheets separately as assets, as reinsurance does not relieve us of our legal liability to policyholders. We bear credit risk with respect to the reinsurers, which could be significant in the future, considering that some of the loss reserves remain outstanding for an extended period of time. Reinsurers may refuse or fail to pay losses that we cede to them, or they might delay payment. We are required to pay losses even if a reinsurer refuses or fails to meet its obligations under the applicable reinsurance agreement. We continually monitor the financial condition and financial strength ratings of our reinsurers. No material amounts due from reinsurers have been written-off as uncollectible since our inception in 2000, and in assessing future default, we evaluate the allowance for CECL under the ratings based method using the A.M. Best Average Cumulative Net Impairment Rates. Reinsurer ratings are also assessed through this process.
Under the LPT Agreement, the Fund initially ceded $1.5 billion in liabilities for the incurred but unpaid losses and LAE related to claims incurred prior to July 1, 1995 for consideration of $775.0 million in cash. The estimated remaining liabilities subject to the LPT Agreement were $328.7 million as of December 31, 2021. Losses and LAE paid with respect to the LPT Agreement totaled $838.8 million at December 31, 2021. We account for the LPT Agreement as retroactive reinsurance. Entry into the LPT Agreement resulted in a deferred reinsurance gain that was recorded on our Consolidated Balance Sheets as a liability. The Deferred Gain is being amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries through the life of the LPT Agreement, and the amortization is reflected in losses and LAE. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income.
Additionally, we are entitled to receive a contingent profit commission under the LPT Agreement. The contingent profit commission is an amount based on the favorable difference between actual paid losses and LAE and expected paid losses and LAE as established in the LPT Agreement. The calculation of actual amounts paid versus expected amounts is determined every five years beginning June 30, 2004 for the first twenty-five years of the agreement. We are paid 30% of the favorable difference between the actual and expected losses and LAE paid at each calculation point. Each quarter, management records its best estimate of the estimated ultimate contingent profit commission through June 30, 2024, which is impacted by estimates for ceded losses and LAE. The Deferred Gain related to the contingent profit commission is amortized using the recovery method, whereby the amortization is determined by the proportion of actual reinsurance recoveries to total estimated recoveries over the life of the contingent profit commission, or through June 30, 2024, and is recorded in losses and LAE incurred in the accompanying Consolidated Statements of Comprehensive Income. Changes in estimates of the reserves ceded under the LPT Agreement may significantly impact the Contingent commission receivable–LPT Agreement and the Deferred Gain on our Consolidated Balance Sheets and losses and LAE on our Consolidated Statements of Comprehensive Income.
New Accounting Standards
See Note 3 in the Notes to our Consolidated Financial Statements for a summary of all recently issued and recently adopted accounting standards.