ARCH CAPITAL GROUP LTD
For the period ended Dec 31, 2023. Filed Feb 23, 2024.
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FY2023 · Filed Feb 23, 2024
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“Comment on Non-GAAP Financial Measures.”
Throughout this filing, we present our operations in the way we believe will be the most meaningful and useful to investors, analysts, rating agencies and others who use our financial information in evaluating the performance of our company. This presentation includes the use of after-tax operating income available to Arch common shareholders, which is defined as net income available to Arch common shareholders, excluding net realized gains or losses (which includes changes in the allowance for credit losses on financial assets and net impairment losses recognized in earnings), equity in net income or loss of investments accounted for using the equity method, net foreign exchange
gains or losses, transaction costs and other, net of income taxes (which for the 2023 fourth quarter includes a one-time deferred income tax benefit related to the enactment of Bermuda’s new corporate income tax), and the use of annualized operating return on average common equity. The presentation of after-tax operating income available to Arch common shareholders and annualized operating return on average common equity are non-GAAP financial measures as defined in Regulation G. The reconciliation of such measures to net income available to Arch common shareholders and annualized net income return on average common equity (the most directly comparable GAAP financial measures) in accordance with Regulation G is included under “Results of Operations” below.
We believe that net realized gains or losses, equity in net income or loss of investments accounted for using the equity method, net foreign exchange gains or losses and transaction costs and other in any particular period are not indicative of the performance of, or trends in, our business. Although net realized gains or losses, equity in net income or loss of investments accounted for using the equity method and net foreign exchange gains or losses are an integral part of our operations, the decision to realize these items are independent of the insurance underwriting process and result, in large part, from general economic and financial market conditions. Furthermore, certain users of our financial information believe that, for many companies, the timing of the realization of investment gains or losses is largely opportunistic. In addition, changes in the allowance for credit losses and net impairment losses recognized in earnings on the Company’s investments represent other-than-temporary declines in expected recovery values on securities without actual realization.
The use of the equity method on certain of our investments in certain funds that invest in fixed maturity securities is driven by the ownership structure of such funds (either limited partnerships or limited liability companies). In applying the equity method, these investments are initially recorded at cost and are subsequently adjusted based on our proportionate share of the net income or loss of the funds (which include changes in the market value of the underlying securities in the funds). This method of accounting is different from the way we account for our other investments and the timing of the recognition of equity in net income or loss of investments accounted for using the equity method may differ from gains or losses in the future upon sale or maturity of such investments.
Transaction costs and other include advisory, financing, legal, severance, incentive compensation and other transaction costs related to acquisitions. We believe that transaction costs and other, due to their non-recurring nature, are not indicative of the performance of, or trends in, our business performance.
In the 2023 fourth quarter, the Company established a net deferred income tax asset, resulting in a benefit of $1.18 billion, consistent with the transition provisions specified in the Bermuda CIT Act. Due to the non-recurring nature of this one-time item, the Company believes that excluding this item from after-tax operating income or loss available to common shareholders provides the user with a better evaluation of the Company’s ongoing business performance.
We believe that showing net income available to Arch common shareholders exclusive of the items referred to above reflects the underlying fundamentals of our business since we evaluate the performance of and manage our business to produce an underwriting profit. In addition to presenting net income available to Arch common shareholders, we believe that this presentation enables investors and other users of our financial information to analyze our performance in a manner similar to how management analyzes performance. We also believe that this measure follows industry practice and, therefore, allows the users of financial information to compare our performance with our industry peer group. We believe that the equity analysts and certain rating agencies that follow us and the insurance industry as a whole generally exclude these items from their analyses for the same reasons.
Our segment information includes the presentation of consolidated underwriting income or loss and a subtotal of underwriting income or loss before the contribution from the ‘other’ segment. Such measures represent the pre-tax profitability of our underwriting operations and include net premiums earned plus other underwriting income, less losses and loss adjustment expenses, acquisition expenses and other operating expenses. Other operating expenses include those operating expenses that are incremental and/or directly attributable to our individual underwriting operations. Underwriting income or loss does not incorporate items included in our corporate segment. While these measures are presented innote 4, “Segment Information,” to our consolidated financial statements in Item 8, they are considered non-GAAP financial measures when presented elsewhere on a consolidated basis. The reconciliations of underwriting income or loss to income before income taxes (the most directly comparable GAAP financial measure) on a consolidated basis and a subtotal before the contribution from the ‘other’ segment, in accordance with Regulation G, is shown innote 4, “Segment Information,” to our consolidated financial statements in Item 8.
We measure segment performance for our three underwriting segments based on underwriting income or loss. We do not manage our assets by underwriting segment, with the exception of goodwill and intangible assets, and, accordingly, investment income, income from operating affiliates and other non-underwriting related items are not allocated to each underwriting segment.
Along with consolidated underwriting income, we provide a subtotal of underwriting income or loss before the contribution from the ‘other’ segment. Through June 30, 2021, the ‘other’ segment included the results of Somers Holdings Ltd. (formerly Watford Holdings Ltd.). Somers Holdings Ltd. is the parent of Somers Re Ltd., a multi-line Bermuda reinsurance company (together with Somers Holdings Ltd., “Somers”). Pursuant to GAAP, Somers was considered a variable interest entity and we concluded that we were the primary beneficiary of Somers. As such, we consolidated the results of Somers in our consolidated financial statements through June 30, 2021. In the 2020 fourth quarter, Arch Capital, Somers, and Greysbridge Ltd., a wholly-owned subsidiary of Arch Capital, entered into an Agreement and Plan of Merger (as amended, the “Merger Agreement”). Arch Capital assigned its rights under the Merger Agreement to Greysbridge Holdings Ltd. (“Greysbridge”). The merger and the related Greysbridge equity financing closed on July 1, 2021. Effective July 1, 2021, Somers is wholly owned by Greysbridge, and Greysbridge is owned 40% by Arch and 30% by certain funds managed by Kelso and 30% by certain funds managed by Warburg. Based on the governing documents of Greysbridge, we concluded that, while we retain significant influence over Greysbridge, Greysbridge does not constitute a variable interest entity. Accordingly, effective July 1, 2021, we no longer consolidate the results of Somers in our consolidated financial statements and footnotes. See note 12, “Variable Interest Entities and Noncontrolling Interests” andnote 4, “Segment Information,” to our consolidated financial statements for additional information on Somers.
Our presentation of segment information includes the use of a current year loss ratio which excludes favorable or adverse development in prior year loss reserves. This ratio is a non-GAAP financial measure as defined in Regulation G. The reconciliation of such measure to the loss ratio (the most directly comparable GAAP financial measure) in accordance with Regulation G is shown on the individual segment pages. Management utilizes the current year loss ratio in its analysis of the underwriting performance of each of our underwriting segments.
Total return on investments includes investment income, equity in net income or loss of investments accounted for using the equity method, net realized gains or losses (excluding changes in the allowance for credit losses on non-investment related financial assets) and the change in unrealized gains or losses generated by Arch’s investment portfolio. Total return is calculated on a pre-tax basis and before investment expenses, excludes amounts reflected in the ‘other’ segment, and reflects the effect of financial market conditions along with foreign currency fluctuations. In addition, total return incorporates the timing of investment returns during the periods. There is no directly comparable GAAP financial measure for total return. Management uses total return on investments as a key measure of the return generated to Arch common shareholders on the capital held in the business, and compares the return generated by our investment portfolio against benchmark returns which we measured our portfolio against during the periods.
RESULTS OF OPERATIONS
The following table summarizes our consolidated financial data, including a reconciliation of net income available to Arch common shareholders to after-tax operating income available to Arch common shareholders. See“Comment on Non-GAAP Financial Measures.”
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Net income available to Arch common shareholders | $4,403 | $1,436 |
| Net realized (gains) losses (1) | 165 | 663 |
| Equity in net (income) loss of investments accounted for using the equity method | (278) | (115) |
| Net foreign exchange (gains) losses | 62 | (102) |
| Transaction costs and other | 6 | — |
| Income tax expense (benefit) (2) | (1,157) | (42) |
| After-tax operating income available to Arch common shareholders | $3,201 | $1,840 |
| Beginning common shareholders’ equity | $12,080 | $12,716 |
| Ending common shareholders’ equity | 17,523 | 12,080 |
| Average common shareholders’ equity | $14,802 | $12,398 |
| Annualized net income return on average common equity % | 29.7 | 11.6 |
| Annualized operating return on average common equity % | 21.6 | 14.8 |
(1) Net realized gains or losses include realized and unrealized changes in the fair value of equity securities and assets accounted for using the fair value option, realized and unrealized gains and losses on derivative instruments and changes in the allowance for credit losses on financial assets.
(2) Income tax on net realized gains or losses, equity in net income or loss of investments accounted for using the equity method, net foreign exchange gains or losses and transaction costs and other reflects the relative mix reported by jurisdiction and the varying tax rates in each jurisdiction. The 2023 results were impacted by the establishment of a net deferred income tax asset of $1.18 billion, or $3.10 per share, related to the enactment of Bermuda’s new corporate income tax.
Segment Information
We classify our businesses into three underwriting segments – insurance, reinsurance and mortgage – and two operating segments – corporate and ‘other.’ Our insurance, reinsurance and mortgage segments each have managers who are responsible for the overall profitability of their respective segments and who are directly accountable to our chief operating decision makers, the Chief Executive Officer of Arch Capital, the Chief Financial Officer and Treasurer of Arch Capital and the President and Chief Underwriting Officer of Arch Capital. The chief operating decision makers do not assess performance, measure return on equity or make resource allocation decisions on a line of business basis. Management measures segment performance for our three underwriting segments based on underwriting income or loss. We do not manage our assets by underwriting segment, with the exception of goodwill and intangible assets and accordingly, investment income is not allocated to each underwriting segment.
We determined our reportable segments using the management approach described in accounting guidance regarding disclosures about segments of an enterprise and related information. The accounting policies of the segments are the same as those used for the preparation of our consolidated financial statements. Intersegment business is allocated to the segment accountable for the underwriting results.
Insurance Segment
The following tables set forth our insurance segment’s underwriting results:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 · 2022 · % Change | ||||
| Gross premiums written | $7,911 | $6,931 | 14.1 | |
| Premiums ceded | (2,049) | (1,910) | ||
| Net premiums written | 5,862 | 5,021 | 16.7 | |
| Change in unearned premiums | (416) | (461) | ||
| Net premiums earned | 5,446 | 4,560 | 19.4 | |
| Losses and loss adjustment expenses | (3,122) | (2,784) | ||
| Acquisition expenses | (1,055) | (887) | ||
| Other operating expenses | (819) | (665) | ||
| Underwriting income | $450 | $224 | 100.9 | |
| Underwriting Ratios | % Point Change | |||
| Loss ratio | 57.3% | 61.0% | (3.7) | |
| Acquisition expense ratio | 19.4% | 19.4% | — | |
| Other operating expense ratio | 15.0% | 14.6% | 0.4 | |
| Combined ratio | 91.7% | 95.0% | (3.3) | |
The insurance segment consists of our insurance underwriting units which offer specialty product lines on a worldwide basis, as described innote 4, “Segment Information,” to our consolidated financial statements in Item 8.
The following tables set forth our insurance segment’s net premiums written by major line of business:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount | % | Amount | % | |
| Professional lines | $1,401 | 23.9 | $1,502 | 29.9 |
| Property, energy, marine and aviation | 1,219 | 20.8 | 878 | 17.5 |
| Programs | 742 | 12.7 | 611 | 12.2 |
| Construction and national accounts | 628 | 10.7 | 470 | 9.4 |
| Travel, accident and health | 559 | 9.5 | 484 | 9.6 |
| Excess and surplus casualty | 540 | 9.2 | 461 | 9.2 |
| Warranty and lenders solutions | 235 | 4.0 | 139 | 2.8 |
| Other | 538 | 9.2 | 476 | 9.5 |
| Total | $5,862 | 100.0 | $5,021 | 100.0 |
Net premiums written by the insurance segment were 16.7% higher in 2023 than in 2022. The increase in net premiums written reflected growth in most lines of business, primarily due to rate increases, new business opportunities and growth in existing accounts.
The following tables set forth our insurance segment’s net premiums earned by major line of business:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount | % | Amount | % | |
| Professional lines | $1,419 | 26.1 | $1,314 | 28.8 |
| Property, energy, marine and aviation | 1,064 | 19.5 | 772 | 16.9 |
| Programs | 658 | 12.1 | 590 | 12.9 |
| Construction and national accounts | 561 | 10.3 | 432 | 9.5 |
| Travel, accident and health | 557 | 10.2 | 492 | 10.8 |
| Excess and surplus casualty | 486 | 8.9 | 393 | 8.6 |
| Warranty and lenders solutions | 185 | 3.4 | 128 | 2.8 |
| Other | 516 | 9.5 | 439 | 9.6 |
| Total | $5,446 | 100.0 | $4,560 | 100.0 |
Net premiums written are primarily earned on a pro rata basis over the terms of the policies for all products, usually 12 months. Net premiums earned by the insurance segment were 19.4% higher in 2023 than in 2022, reflecting changes in net premiums written over the previous five quarters.
The table below shows the components of the insurance segment’s loss ratio:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Current year | 58.1% | 61.6% |
| Prior period reserve development | (0.8)% | (0.6)% |
| Loss ratio | 57.3% | 61.0% |
The insurance segment’s current year loss ratio was 3.5 points lower in 2023 than in 2022. The 2023 loss ratio included 2.7 points of current year catastrophic event activity, spread across series of global events, compared to 5.2 points in 2022, primarily related to Hurricane Ian and a series of global events. The balance of the change in the 2023 current year loss ratio resulted, in part, from the effect of rate increases, changes in mix of business and the level of attritional losses.
The insurance segment’s net favorable development was $42 million, or 0.8 points, for 2023, compared to $25 million, or 0.6 points, for 2022. Seenote 5, “Reserve for Losses and Loss Adjustment Expenses,” to our consolidated financial statements in Item 8 for information about the insurance segment’s prior year reserve development.
The insurance segment’s underwriting expense ratio was 34.4% in 2023, compared to 34.0% in 2022, with the increase primarily related to higher incentive compensation costs.
Reinsurance Segment
The following tables set forth our reinsurance segment’s underwriting results:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 · 2022 · % Change | ||||
| Gross premiums written | $9,113 | $6,948 | 31.2 | |
| Premiums ceded | (2,559) | (2,024) | ||
| Net premiums written | 6,554 | 4,924 | 33.1 | |
| Change in unearned premiums | (718) | (965) | ||
| Net premiums earned | 5,836 | 3,959 | 47.4 | |
| Other underwriting income (loss) | 17 | 5 | ||
| Losses and loss adjustment expenses | (3,227) | (2,568) | ||
| Acquisition expenses | (1,240) | (813) | ||
| Other operating expenses | (288) | (268) | ||
| Underwriting income | $1,098 | $315 | 248.6 | |
| Underwriting Ratios | % Point Change | |||
| Loss ratio | 55.3% | 64.9% | (9.6) | |
| Acquisition expense ratio | 21.2% | 20.5% | 0.7 | |
| Other operating expense ratio | 4.9% | 6.8% | (1.9) | |
| Combined ratio | 81.4% | 92.2% | (10.8) | |
The reinsurance segment consists of our reinsurance underwriting units which offer specialty product lines on a worldwide basis, as described innote 4, “Segment Information,” to our consolidated financial statements in Item 8.
The following tables set forth our reinsurance segment’s net premiums written by major line of business:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount | % | Amount | % | |
| Other specialty | $2,412 | 36.8 | $1,983 | 40.3 |
| Property excluding property catastrophe | 1,910 | 29.1 | 1,276 | 25.9 |
| Casualty | 1,002 | 15.3 | 973 | 19.8 |
| Property catastrophe | 865 | 13.2 | 416 | 8.4 |
| Marine and aviation | 250 | 3.8 | 167 | 3.4 |
| Other | 115 | 1.8 | 109 | 2.2 |
| Total | $6,554 | 100.0 | $4,924 | 100.0 |
Net premiums written by the reinsurance segment were 33.1% higher in 2023 than in 2022. The growth in net premiums written reflected increases in all lines of business, primarily due to new business, rate increases and growth in existing accounts.
The following tables set forth our reinsurance segment’s net premiums earned by major line of business:
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount | % | Amount | % | |
| Other specialty | $2,097 | 35.9 | $1,378 | 34.8 |
| Property excluding property catastrophe | 1,645 | 28.2 | 1,090 | 27.5 |
| Casualty | 1,005 | 17.2 | 855 | 21.6 |
| Property catastrophe | 742 | 12.7 | 367 | 9.3 |
| Marine and aviation | 229 | 3.9 | 159 | 4.0 |
| Other | 118 | 2.0 | 110 | 2.8 |
| Total | $5,836 | 100.0 | $3,959 | 100.0 |
Net premiums earned in 2023 were 47.4% higher than in 2022, reflecting changes in net premiums written over the previous five quarters, including the mix and type of business written.
Other Underwriting Income (Loss).
Other underwriting income in 2023 was $17 million, compared to $5 million in 2022.
The table below shows the components of the reinsurance segment’s loss ratio:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Current year | 57.9% | 69.7% |
| Prior period reserve development | (2.6)% | (4.8)% |
| Loss ratio | 55.3% | 64.9% |
The reinsurance segment’s current year loss ratio was 11.8 points lower in 2023 than in 2022. The 2023 loss ratio included 6.8 points for current year catastrophic event activity spread across a series of global events, compared to 13.9 points in 2022, primarily related to Hurricane Ian and a series of global events. The balance of the change in the 2023 current year loss ratio resulted, in part, from the effect of rate increases, changes in mix of business and the level of attritional losses.
The reinsurance segment’s net favorable development was $152 million, or 2.6 points, for 2023, compared to $190 million, or 4.8 points, for 2022, Seenote 5, “Reserve for Losses and Loss Adjustment Expenses,” to our consolidated financial statements in Item 8 for information about the reinsurance segment’s prior year reserve development.
The underwriting expense ratio for the reinsurance segment was 26.1% in 2023, compared to 27.3% in 2022, with the decrease primarily due to growth in net premiums earned. The 2022 ratio also reflected a lower level of contingent commissions on ceded business, primarily due to Hurricane Ian.
Mortgage Segment
The following tables set forth our mortgage segment’s underwriting results.
| Year Ended December 31, | ||||
|---|---|---|---|---|
| 2023 · 2022 · % Change | ||||
| Gross premiums written | $1,387 | $1,455 | (4.7) | |
| Premiums ceded | (335) | (322) | ||
| Net premiums written | 1,052 | 1,133 | (7.1) | |
| Change in unearned premiums | 106 | 27 | ||
| Net premiums earned | 1,158 | 1,160 | (0.2) | |
| Other underwriting income | 14 | 8 | ||
| Losses and loss adjustment expenses | 103 | 324 | ||
| Acquisition expenses | (17) | (40) | ||
| Other operating expenses | (194) | (195) | ||
| Underwriting income | $1,064 | $1,257 | (15.4) | |
| Underwriting Ratios | % Point Change | |||
| Loss ratio | (8.9)% | (28.0)% | 19.1 | |
| Acquisition expense ratio | 1.4% | 3.5% | (2.1) | |
| Other operating expense ratio | 16.8% | 16.8% | — | |
| Combined ratio | 9.3% | (7.7)% | 17.0 | |
The following table sets forth our mortgage segment’s net premiums written by underwriting unit:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| U.S. primary mortgage insurance | $737 | $769 |
| U.S. credit risk transfer (CRT) and other | 220 | 196 |
| International mortgage insurance/reinsurance | 95 | 168 |
| Total | $1,052 | $1,133 |
Net premiums written for 2023 were 7.1% lower than in 2022. The reduction in net premiums written primarily reflected lower levels of mortgage originations in the Australian market and a decrease in U.S. primary mortgage insurance business, which was partially offset by a higher volume of credit risk transfer transactions. Premiums ceded for 2023 reflected $17 million of one-time payments related to the termination of eight Bellemeade agreements.
The persistency rate of the U.S. primary portfolio of mortgage loans was 83.6% at December 31, 2023 compared to 79.5% at December 31, 2022, with the increase primarily reflecting a lower level of refinancing activity due to a higher interest rate environment. The persistency rate represents the percentage of mortgage insurance in force at the beginning of a 12-month period that remains in force at the end of such period.
The following table sets forth our mortgage segment’s net premiums earned by underwriting unit:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| U.S. primary mortgage insurance | $759 | $804 |
| U.S. credit risk transfer (CRT) and other | 220 | 196 |
| International mortgage insurance/reinsurance | 179 | 160 |
| Total | $1,158 | $1,160 |
Net premiums earned for 2023 were 0.2% lower than in 2022. The 2023 results were impacted by the termination of the Bellemeade agreements noted above.
Other Underwriting Income.
Other underwriting income, which is primarily related to GSE risk-sharing transactions services and our whole mortgage loan purchase and sell program, was $14 million for 2023, compared to $8 million for 2022.
The table below shows the components of the mortgage segment’s loss ratio:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Current year | 20.8% | 19.8% |
| Prior period reserve development | (29.7)% | (47.8)% |
| Loss ratio | (8.9)% | (28.0)% |
Unlike property and casualty business for which we estimate ultimate losses on premiums earned, losses on U.S. primary mortgage insurance business are only recorded at the time a borrower is delinquent on their mortgage, in accordance with primary mortgage insurance industry practice. Because our primary mortgage insurance reserving process does not take into account the impact of future losses from loans that are not delinquent, mortgage insurance loss reserves are not an estimate of ultimate losses. In addition to establishing loss reserves for delinquent loans, under GAAP, we are required to establish a premium deficiency reserve for our mortgage insurance products if the amount of expected future losses and maintenance costs exceeds expected future premiums, existing reserves and the anticipated investment income for such product. We assess the need for a premium deficiency reserve on a quarterly basis and perform a full analysis annually. No such reserve was established during 2023 or 2022.
The mortgage segment’s current year loss ratio was 1.0 point higher in 2023 compared to 2022. The higher current year loss ratio for 2023 reflected an increase in new delinquencies. The percentage of loans in default on U.S. primary mortgage insurance decreased from 1.77% at December 31, 2022 to 1.74% at December 31, 2023.
We insure mortgages for homes in areas that have been impacted by catastrophic events. Generally, mortgage insurance losses occur only when a credit event occurs and, following a physical damage event, when the home is restored to pre-storm condition. Our ultimate claims exposure will depend on the number of delinquency notices received and the ultimate claim rate related to such notices. In the event of natural disasters, cure rates are influenced by the adequacy of homeowners and flood insurance carried on a related property, and a borrower's access to aid from government entities and private organizations, in addition to other factors which generally impact cure rates in unaffected areas.
The mortgage segment’s net favorable development was $344 million, or 29.7 points, for 2023, compared to $554 million, or 47.8 points, for 2022. Seenote 5, “Reserve for Losses and Loss Adjustment Expenses,” to our consolidated financial statements in Item 8 for information about the mortgage segment’s prior year reserve development.
The underwriting expense ratio for the mortgage segment was 18.2% for 2023, compared to 20.3% for 2022, with the decrease primarily due to a higher level of profit commissions on ceded U.S. primary mortgage insurance business in 2023.
Corporate Segment
The corporate segment results include net investment income, net realized gains or losses, equity in net income or loss of investments accounted for using the equity method, other income (loss), corporate expenses, transaction costs and other, amortization of intangible assets, interest expense, net foreign exchange gains or losses, income taxes items (which for 2023 reflects the establishment of a net deferred income tax asset related to the enactment of Bermuda’s new corporate income tax), income from operating affiliates and items related to our non-cumulative preferred shares.
Net Investment Income.
The components of net investment income were derived from the following sources:
| Year Ended December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Fixed maturities | $917 | $469 |
| Short-term investments | 68 | 29 |
| Equity securities | 22 | 22 |
| Other (1) | 93 | 47 |
| Gross investment income | 1,100 | 567 |
| Investment expenses (2) | (77) | (71) |
| Net investment income | $1,023 | $496 |
(1) Includes interest income on operating cash, distributions from investment funds and other items.
(2) Investment expenses were approximately 0.26% of average invested assets for 2023, compared to 0.28% for 2022.
The pre-tax investment income yield was 3.53% for 2023, compared to 1.99% for 2022. The growth in net investment income for 2023 compared to 2022 primarily reflected higher yields available in the financial markets. Net cash flow from operating activities contributed $5.7 billion in 2023, which increased our invested asset base and contributed to the growth in net investment income. The pre-tax investment income yields were calculated based on amortized cost. Yields on future investment income may vary based on financial market conditions, investment allocation decisions and other factors.
Net Realized Gains or Losses.
We recorded net realized losses of $165 million for 2023, compared to net realized losses of $663 million for 2022. Currently, our portfolio is actively managed to maximize total return within certain guidelines. The effect of financial market movements on the investment portfolio will directly impact net realized gains or losses as the portfolio is rebalanced. Net realized gains or losses from the sale of fixed maturities primarily results from our decisions to reduce credit exposure, to change duration targets, to rebalance our portfolios or due to relative value determinations.
Net realized gains or losses also include realized and unrealized contract gains and losses on our derivative instruments, changes in the fair value of assets accounted for using the fair value option and in the fair value of equities, along with changes in the allowance for credit losses on financial assets and net impairment losses recognized in earnings. Seenote 9, “Investment Information—Net Realized Gains (Losses),” andnote 9, “Investment Information—Allowance for Credit Losses,” to our consolidated financial statements for additional information.
Equity in Net Income (Loss) of Investments Accounted for Using the Equity Method.
We recorded $278 million of equity in net income related to investments accounted for using the equity method for 2023, compared to $115 million for 2022. Investments accounted for using the equity method totaled $4.6 billion at December 31, 2023, compared to $3.8 billion at December 31, 2022. Seenote 9, “Investment Information—Equity in Net Income (Loss) of Investments Accounted For Using the Equity Method,” to our consolidated financial statements in Item 8 for additional information.
Other Income or Losses
Other income for the 2023 period was $27 million, compared to a loss of $27 million for the 2022 period. Amounts in both periods primarily reflect changes in the cash surrender value of our investment in corporate-owned life insurance.
Corporate Expenses.
Corporate expenses were $96 million for 2023, compared to $95 million for 2022. Such amounts primarily represent certain holding company costs necessary to support our worldwide operations and costs associated with operating as a publicly traded company.
Transaction Costs and Other.
Transaction costs and other were $6 million for 2023, compared to nil for 2022. The 2023 expenses were primarily related to acquisition activity.
Amortization of Intangible Assets.
Amortization of intangible assets for 2023 was $95 million, compared to $106 million for 2022. Amounts in 2023 and 2022 primarily related to amortization of finite-lived intangible assets. Seenote 2, “Acquisitions."
Interest Expense.
Interest expense was $133 million for 2023, compared to $131 million for 2022. Interest expense primarily reflects amounts related to our outstanding senior notes.
Net Foreign Exchange Gains or Losses.
Net foreign exchange losses for 2023 were $60 million, compared to net foreign exchange gains for 2022 of $102 million. Amounts in such periods were primarily unrealized and resulted from the effects of revaluing our net insurance liabilities required to be settled in foreign currencies at each balance sheet date.
Income Tax Expense.
Our income tax provision on income before income taxes resulted in a benefit of 24.5% for 2023, compared to an expense of 5.1% for 2022. The 2023 provision reflected the establishment of a net deferred income tax asset of $1.18 billion related to the enactment of Bermuda’s new corporate income tax. Our effective tax rate fluctuates from year to year consistent with the relative mix of income or loss reported by jurisdiction and the varying tax rates in each jurisdiction.
Seenote 15, “Income Taxes,” to our consolidated financial statements in Item 8 for a reconciliation of the difference between the provision for income taxes and the expected tax provision at the weighted average statutory tax rate for 2023 and 2022.
Income (Loss) from Operating Affiliates.
We recorded $184 million of net income from our operating affiliates in the 2023 period, compared to income of $75 million in the 2022 period and primarily reflects amounts related to the Company’s investment in Somers Group Holdings Ltd. and Coface SA. Seenote 9, “Investment Information—Investments in Operating Affiliates,” to our consolidated financial statements for additional information.
SUMMARY OF CRITICAL ACCOUNTING ESTIMATES
The preparation of consolidated financial statements in accordance with GAAP requires us to make many estimates and judgments that affect the reported amounts of assets, liabilities (including reserves), revenues and expenses, and related disclosures of contingent liabilities. On an ongoing basis, we evaluate our estimates, including those related to revenue recognition, insurance and other reserves, reinsurance recoverables, allowance for current expected credit losses, investment valuations, goodwill and intangible assets, bad debts, income taxes, contingencies and litigation. We base our estimates on historical experience, where possible, and on various other assumptions that we believe to be reasonable under the circumstances, which form the basis for our judgments about the carrying values of assets and liabilities that are not readily apparent from other sources. Actual results will differ from these estimates and such differences may be material. We believe that the following critical accounting policies affect significant estimates used in the preparation of our consolidated financial statements.
Loss Reserves
We are required by applicable insurance laws and regulations and GAAP to establish reserves for losses and loss adjustment expenses, or “Loss Reserves”, that arise from the business we underwrite. Loss Reserves for our insurance, reinsurance and mortgage operations are balance sheet liabilities representing estimates of future amounts required to pay losses and loss adjustment expenses for insured or reinsured events which have occurred at or before the balance sheet date. Loss Reserves do not reflect contingency reserve allowances to account for future loss occurrences. Losses arising from future events will be estimated and recognized at the time the losses are incurred and could be substantial. Seenote 6, “Short Duration Contracts,” to our consolidated financial statements in Item 8 for additional information on our reserving process.
At December 31, 2023 and 2022, our Loss Reserves, net of unpaid losses and loss adjustment expenses recoverable, by type and by operating segment were as follows:
| December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Insurance segment: | ||
| Case reserves | $2,730 | $2,398 |
| IBNR reserves | 5,626 | 4,934 |
| Total net reserves | 8,356 | 7,332 |
| Reinsurance segment: | ||
| Case reserves | 2,447 | 1,903 |
| Additional case reserves | 484 | 481 |
| IBNR reserves | 4,260 | 3,403 |
| Total net reserves | 7,191 | 5,787 |
| Mortgage segment: | ||
| Case reserves | 323 | 447 |
| IBNR reserves | 192 | 186 |
| Total net reserves | 515 | 633 |
| Total: | ||
| Case reserves | 5,500 | 4,748 |
| Additional case reserves | 484 | 481 |
| IBNR reserves | 10,078 | 8,523 |
| Total net reserves | $16,062 | $13,752 |
At December 31, 2023 and 2022, the insurance segment’s Loss Reserves by major line of business, net of unpaid losses and loss adjustment expenses recoverable, were as follows:
| December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Professional lines | $2,451 | $2,070 |
| Construction and national accounts | 1,693 | 1,558 |
| Excess and surplus casualty | 975 | 786 |
| Programs | 929 | 843 |
| Property, energy, marine and aviation | 836 | 764 |
| Travel, accident and health | 144 | 139 |
| Warranty and lenders solutions | 65 | 47 |
| Other | 1,263 | 1,125 |
| Total net reserves | $8,356 | $7,332 |
At December 31, 2023 and 2022, the reinsurance segment’s Loss Reserves by major line of business, net of unpaid losses and loss adjustment expenses recoverable, were as follows:
| December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| Casualty | $2,725 | $2,342 |
| Other specialty | 2,125 | 1,476 |
| Property excluding property catastrophe | 1,243 | 993 |
| Property catastrophe | 585 | 536 |
| Marine and aviation | 359 | 292 |
| Other | 154 | 148 |
| Total net reserves | $7,191 | $5,787 |
At December 31, 2023 and 2022, the mortgage segment’s Loss Reserves by major line of business, net of unpaid losses and loss adjustment expenses recoverable, were as follows:
| December 31, | ||
|---|---|---|
| 2023 | 2022 | |
| U.S. primary mortgage insurance (1) | $324 | $415 |
| U.S. credit risk transfer (CRT) and other | 100 | 109 |
| International mortgage insurance/reinsurance | 91 | 109 |
| Total net reserves | $515 | $633 |
(1) At December 31, 2023, 29.5% of total net reserves represent policy years 2013 and prior and the remainder from later policy years. At December 31, 2022, 36.1% of total net reserves represent policy years 2013 and prior and the remainder from later policy years.
Potential Variability in Loss Reserves
The following tables summarize the effect of reasonably likely scenarios on the key actuarial assumptions used to estimate our Loss Reserves, net of unpaid losses and loss adjustment expenses recoverable, at December 31, 2023 by underwriting segment and reserving lines. Seenote 6, “Short Duration Contracts,” to our consolidated financial statements in Item 8 for a description of the lines of business included in each reserving line.
The scenarios shown in the tables summarize the effect of (i) changes to the expected loss ratio selections used at December 31, 2023, which represent loss ratio point increases or decreases to the expected loss ratios used, and (ii) changes to the loss development patterns used in our reserving process at December 31, 2023, which represent claims reporting that is either slower or faster than the reporting patterns used. We believe that the illustrated sensitivities are indicative of the potential variability inherent in the estimation process of those parameters. The results show the impact of varying each key actuarial assumption using the chosen sensitivity on our IBNR reserves, on a net basis and across all accident years.
| INSURANCE SEGMENT | Higher Expected Loss Ratios | Slower Loss Development Patterns |
|---|---|---|
| Reserving lines selected assumptions: | ||
| Property, energy, marine and aviation | 5 points | 3 months |
| Third party occurrence business | 10 | 6 |
| Third party claims-made business | 10 | 6 |
| Multi-line and other specialty | 10 | 6 |
| Increase (decrease) in Loss Reserves: | ||
| Property, energy, marine and aviation | $47 | $67 |
| Third party occurrence business | 247 | 124 |
| Third party claims-made business | 431 | 211 |
| Multi-line and other specialty | 269 | 119 |
| INSURANCE SEGMENT · Lower Expected Loss Ratios · Faster Loss Development Patterns | |||
|---|---|---|---|
| Reserving lines selected assumptions: | |||
| Property, energy, marine and aviation · (5) points · (3) months | |||
| Third party occurrence business | (10) | (6) | |
| Third party claims-made business | (10) | (6) | |
| Multi-line and other specialty | (10) | (6) | |
| Increase (decrease) in Loss Reserves: | |||
| Property, energy, marine and aviation | $(46) | $(63) | |
| Third party occurrence business | (250) | (91) | |
| Third party claims-made business | (420) | (166) | |
| Multi-line and other specialty | (213) | (85) | |
| REINSURANCE SEGMENT | Higher Expected Loss Ratios | Slower Loss Development Patterns |
|---|---|---|
| Reserving lines selected assumptions: | ||
| Casualty | 10 points | 6 months |
| Other specialty | 5 | 3 |
| Property excluding property catastrophe | 5 | 3 |
| Property catastrophe | 5 | 3 |
| Marine and aviation | 5 | 3 |
| Other | 5 | 3 |
| Increase (decrease) in Loss Reserves: | ||
| Casualty | $230 | $262 |
| Other specialty | 176 | 124 |
| Property excluding property catastrophe | 51 | 126 |
| Property catastrophe | 40 | 65 |
| Marine and aviation | 17 | 31 |
| Other | 8 | 7 |
| REINSURANCE SEGMENT · Lower Expected Loss Ratios · Faster Loss Development Patterns | |||
|---|---|---|---|
| Reserving lines selected assumptions: | |||
| Casualty · (10) points · (6) months | |||
| Other specialty | (5) | (3) | |
| Property excluding property catastrophe | (5) | (3) | |
| Property catastrophe | (5) | (3) | |
| Marine and aviation | (5) | (3) | |
| Other | (5) | (3) | |
| Increase (decrease) in Loss Reserves: | |||
| Casualty | $(230) | $(201) | |
| Other specialty | (176) | (174) | |
| Property excluding property catastrophe | (51) | (125) | |
| Property catastrophe | (40) | (40) | |
| Marine and aviation | (17) | (32) | |
| Other | (8) | (6) | |
It is not necessarily appropriate to sum the total impact for a specific factor or the total impact for a specific business category as the business categories are not perfectly correlated. In addition, the potential variability shown in the tables above are reasonably likely scenarios of changes in our key assumptions at December 31, 2023 and are not meant to be a “best case” or “worst case” series of outcomes and therefore, it is possible that future variations may be more or less than the amounts set forth above.
For our mortgage segment, we considered the sensitivity of loss reserve estimates at December 31, 2023 by assessing the potential changes resulting from a parallel shift in severity and default to claim rate. For example, assuming all other factors remain constant, for every one percentage point change in primary claim severity (which we estimate to be approximately 29% of the unpaid principal balance at December 31, 2023), we estimated that our loss reserves would change by approximately $17 million at December 31, 2023. For every one percentage point change in our primary net default to claim rate (which we estimate to be approximately 27% at December 31, 2023), we estimated a $18 million change in our loss reserves at December 31, 2023.
Simulation Results
In order to illustrate the potential volatility in our Loss Reserves, we used a Monte Carlo simulation approach to simulate a range of results based on various probabilities. Both the probabilities and related modeling are subject to inherent uncertainties. The simulation relies on a significant number of assumptions, such as the potential for multiple entities to react similarly to external events, and includes other statistical assumptions. The simulation results shown for each segment do not add to the total simulation results, as the individual segment simulation results do not reflect the diversification effects across our segments.
At December 31, 2023, our recorded Loss Reserves by underwriting segment, net of unpaid losses and loss adjustment expenses recoverable, and the results of the simulation were as follows:
| Insurance Segment | Reinsurance Segment | Mortgage Segment | Total | |
|---|---|---|---|---|
| Loss Reserves (1) | $8,356 | $7,191 | $515 | $16,062 |
| Simulation results: | ||||
| 90th percentile (2) | $9,826 | $8,782 | $616 | $18,815 |
| 10th percentile (3) | $6,918 | $5,732 | $420 | $13,429 |
(1) Net of reinsurance recoverables.
(2) Simulation results indicate that a 90% probability exists that the net reserves for losses and loss adjustment expenses will not exceed the indicated amount.
(3) Simulation results indicate that a 10% probability exists that the net reserves for losses and loss adjustment expenses will be at or below the indicated amount.
For informational purposes, based on the total simulation results, a change in our Loss Reserves to the amount indicated at the 90th percentile would result in a decrease in income before income taxes of approximately $2.8 billion, or $7.27 per diluted share, while a change in our Loss Reserves to the amount indicated at the 10th percentile would result in an increase in income before income taxes of approximately $2.6 billion, or $6.95 per diluted share. The simulation results noted above are informational only, and no assurance can be given that our ultimate losses will not be significantly different than the simulation results shown above, and such differences could directly and significantly impact earnings favorably or unfavorably in the period they are determined. We do not have significant exposure to pre-2002 liabilities, such as asbestos-related illnesses and other long-tail liabilities. It is difficult to provide meaningful trend information for certain liability/casualty coverages for which the claim-tail may be especially long, as claims are often reported and ultimately paid or settled years, or even decades, after the related loss events occur. Any estimates and assumptions made as part of the reserving process could prove to be inaccurate due to several factors, including the fact that for certain lines of business relatively limited historical information has been reported to us through December 31, 2023. Accordingly, the reserving for incurred losses in these lines of business could be subject to greater variability. See Item 1A, “Risk Factors – Risks Relating to Our Industry, Business & Operations – Underwriting risks and reserving for losses are based on probabilities and related modeling, which are subject to inherent uncertainties.”
Mortgage Operations Supplemental Information
The mortgage segment’s insurance in force (“IIF”) and risk in force (“RIF”) were as follows at December 31, 2023 and 2022:
| December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount | % | Amount | % | |
| Insurance In Force (IIF) (1): | ||||
| U.S. primary mortgage insurance | $290,764 | 57.1 | $295,651 | 57.6 |
| U.S. credit risk transfer(CRT) and other | 149,098 | 29.3 | 145,087 | 28.3 |
| International mortgageinsurance/reinsurance | 69,473 | 13.6 | 72,315 | 14.1 |
| Total | $509,335 | 100.0 | $513,053 | 100.0 |
| Risk In Force (RIF) (2): | ||||
| U.S. primary mortgage insurance | $75,527 | 84.6 | $75,806 | 84.8 |
| U.S. credit risk transfer(CRT) and other | 6,156 | 6.9 | 6,245 | 7.0 |
| International mortgageinsurance/reinsurance | 7,562 | 8.5 | 7,369 | 8.2 |
| Total | $89,245 | 100.0 | $89,420 | 100.0 |
(1) Represents the aggregate dollar amount of each insured mortgage loan’s current principal balance. Such amounts are shown before external reinsurance.
(2) The aggregate dollar amount of each insured mortgage loan’s current principal balance multiplied by the insurance coverage percentage specified in the policy for insurance policies issued and after contract limits and/or loss ratio caps for risk-sharing or reinsurance transactions. Such amounts are shown before external reinsurance.
The insurance in force and risk in force for our U.S. primary mortgage insurance business by policy year were as follows at December 31, 2023:
| IIF · RIF · Delinquency | |||||
|---|---|---|---|---|---|
| Amount · % · Amount · % · Rate (1) | |||||
| Policy year: | |||||
| 2013 and prior | $10,859 | 3.7 | $2,738 | 3.6 | 6.55% |
| 2014 | 2,442 | 0.8 | 649 | 0.9 | 2.89% |
| 2015 | 4,691 | 1.6 | 1,244 | 1.6 | 1.98% |
| 2016 | 7,525 | 2.6 | 2,025 | 2.7 | 2.50% |
| 2017 | 7,600 | 2.6 | 2,023 | 2.7 | 3.13% |
| 2018 | 8,512 | 2.9 | 2,207 | 2.9 | 4.04% |
| 2019 | 15,767 | 5.4 | 4,074 | 5.4 | 2.40% |
| 2020 | 51,349 | 17.7 | 13,357 | 17.7 | 1.17% |
| 2021 | 76,667 | 26.4 | 19,812 | 26.2 | 1.12% |
| 2022 | 63,899 | 22.0 | 16,755 | 22.2 | 0.89% |
| 2023 | 41,453 | 14.3 | 10,643 | 14.1 | 0.26% |
| Total | $290,764 | 100.0 | $75,527 | 100.0 | 1.74% |
(1)Represents the ending percentage of loans in default.
The insurance in force and risk in force for our U.S. primary mortgage insurance business by policy year were as follows at December 31, 2022:
| IIF · RIF · Delinquency | |||||
|---|---|---|---|---|---|
| Amount · % · Amount · % · Rate (1) | |||||
| Policy year: | |||||
| 2013 and prior | $12,931 | 4.4 | $3,222 | 4.3 | 7.07% |
| 2014 | 3,696 | 1.3 | 1,012 | 1.3 | 2.61% |
| 2015 | 6,236 | 2.1 | 1,680 | 2.2 | 2.08% |
| 2016 | 10,225 | 3.5 | 2,744 | 3.6 | 2.66% |
| 2017 | 9,508 | 3.2 | 2,521 | 3.3 | 3.06% |
| 2018 | 10,260 | 3.5 | 2,625 | 3.5 | 4.11% |
| 2019 | 19,096 | 6.5 | 4,840 | 6.4 | 2.36% |
| 2020 | 65,141 | 22.0 | 16,414 | 21.7 | 1.20% |
| 2021 | 89,621 | 30.3 | 22,740 | 30.0 | 0.95% |
| 2022 | 68,937 | 23.3 | 18,008 | 23.8 | 0.20% |
| Total | $295,651 | 100.0 | $75,806 | 100.0 | 1.77% |
(1)Represents the ending percentage of loans in default.
The following tables provide supplemental disclosures on risk in force for our U.S. primary mortgage insurance business at December 31, 2023 and 2022:
| December 31, | |||||
|---|---|---|---|---|---|
| 2023 · 2022 | |||||
| Amount · % · Amount · % | |||||
| Credit quality (FICO): | |||||
| >=740 | $46,796 | 62.0 | $46,812 | 61.8 | |
| 680-739 | 24,990 | 33.1 | 24,945 | 32.9 | |
| 620-679 | 3,497 | 4.6 | 3,772 | 5.0 | |
| <620 | 244 | 0.3 | 277 | 0.4 | |
| Total | $75,527 | 100.0 | $75,806 | 100.0 | |
| Weighted average FICO score | 748 | 750 | |||
| Loan-to-Value (LTV): | |||||
| 95.01% and above | $7,067 | 9.4 | $7,289 | 9.6 | |
| 90.01% to 95.00% | 44,669 | 59.1 | 43,681 | 57.6 | |
| 85.01% to 90.00% | 20,490 | 27.1 | 20,851 | 27.5 | |
| 85.00% and below | 3,301 | 4.4 | 3,985 | 5.3 | |
| Total | $75,527 | 100.0 | $75,806 | 100.0 | |
| Weighted average LTV | 93.0% | 92.8% | |||
| Total RIF, net of external reinsurance | $58,146 | $57,151 | |||
| December 31, | ||||
|---|---|---|---|---|
| 2023 | 2022 | |||
| Amount · % · Amount · % | ||||
| Total RIF by State: | ||||
| California | $6,162 | 8.2 | $6,341 | 8.4 |
| Texas | 5,972 | 7.9 | 6,151 | 8.1 |
| North Carolina | 3,248 | 4.3 | 3,160 | 4.2 |
| Georgia | 3,081 | 4.1 | 3,169 | 4.2 |
| Minnesota | 3,069 | 4.1 | 3,003 | 4.0 |
| Florida | 3,007 | 4.0 | 3,268 | 4.3 |
| Illinois | 2,986 | 4.0 | 3,081 | 4.1 |
| Massachusetts | 2,858 | 3.8 | 2,809 | 3.7 |
| Michigan | 2,773 | 3.7 | 2,618 | 3.5 |
| Virginia | 2,578 | 3.4 | 2,656 | 3.5 |
| Others | 39,793 | 52.7 | 39,550 | 52.2 |
| Total | $75,527 | 100.0 | $75,806 | 100.0 |
The following table provides supplemental disclosures for our U.S. primary mortgage insurance business related to insured loans and loss metrics for the years ended December 31, 2023 and 2022:
| (U.S. Dollars in thousands, except loan and claim count) | Year Ended December 31, | |
|---|---|---|
| 2023 | 2022 | |
| Rollforward of insured loans in default: | ||
| Beginning delinquent number of loans | 20,567 | 27,645 |
| New notices | 39,496 | 36,396 |
| Cures | (39,704) | (42,789) |
| Paid claims | (902) | (685) |
| Ending delinquent number of loans (1) | 19,457 | 20,567 |
| Ending number of policies in force (1) | 1,117,480 | 1,160,219 |
| Delinquency rate (1) | 1.74% | 1.77% |
| Losses: | ||
| Number of claims paid | 902 | 685 |
| Total paid claims | $26,903 | $21,412 |
| Average per claim | $29.8 | $31.3 |
| Severity (2) | 70.8% | 73.2% |
| Average reserve per default (in thousands) (1) | $17.7 | $21.1 |
(1) Includes first lien primary and pool policies.
(2) Represents total paid claims divided by RIF of loans for which claims were paid.
The risk-to-capital ratio, which represents total current (non-delinquent) risk in force, net of reinsurance, divided by total statutory capital, for Arch MI U.S. was approximately 7.3 to 1 at December 31, 2023, compared to 7.2 to 1 at December 31, 2022.
Ceded Reinsurance
In the normal course of business, our insurance and mortgage insurance operations cede a portion of their premium on a quota share or excess of loss basis through treaty or facultative reinsurance agreements. Our reinsurance operations also obtain reinsurance whereby another reinsurer contractually agrees to indemnify it for all or a portion of the reinsurance risks underwritten by our reinsurance operations. Such arrangements, where one reinsurer provides reinsurance to another reinsurer, are usually referred to as “retrocessional reinsurance” arrangements. In addition, our reinsurance subsidiaries participate in “common account” retrocessional arrangements for certain pro rata treaties. Such arrangements reduce the effect of individual or aggregate losses to all companies participating on such treaties, including the reinsurers, such as our reinsurance operations, and the ceding company. Estimating reinsurance recoverables can be more subjective than estimating the underlying reserves for losses and loss adjustment expenses as discussed above in “—Loss Reserves.” In particular, reinsurance recoverables may be affected by deemed inuring reinsurance, industry losses reported by various statistical reporting services, and other factors. Reinsurance recoverables are recorded as assets, predicated on the reinsurers’ ability to meet their obligations under the reinsurance agreements. If the reinsurers are unable to satisfy their obligations under the agreements, our insurance or reinsurance operations would be liable for such defaulted amounts.
The availability and cost of reinsurance and retrocessional protection is subject to market conditions, which are beyond our control. Although we believe that our insurance and reinsurance operations have been successful in obtaining adequate reinsurance and retrocessional protection, it is not certain that they will be able to continue to obtain adequate protection at cost effective levels. As a result of such market conditions and other factors, our insurance, reinsurance and mortgage operations may not be able to successfully mitigate risk through reinsurance and retrocessional arrangements and may lead to increased volatility in our results of operations in future periods. See Item 1A, “Risk Factors—Risks Relating to Our Industry, Business and Operations—The failure of any of the loss limitation methods we employ could have a material adverse effect on our financial condition or results of operations.”
For purposes of managing risk, we reinsure a portion of our exposures, paying to reinsurers a part of the premiums received on the policies we write, and we may also use retrocessional protection. On a consolidated basis, ceded premiums written represented 26.8% of gross premiums written for 2023, compared to 27.7% for 2022. We monitor the financial condition of our reinsurers and attempt to place coverages only with substantial, financially sound carriers. If the financial condition of our reinsurers or retrocessionaires deteriorates, resulting in an impairment of their ability to make payments, we will be responsible for probable losses resulting from our inability to collect amounts due from such parties, as appropriate. We evaluate the credit worthiness of all the reinsurers to which we cede business. We report reinsurance recoverables net of an allowance for expected credit loss. The allowance is based upon our ongoing review of amounts outstanding, the financial condition of our reinsurers, amounts and form of collateral obtained and other relevant factors. A ratings based probability-of-default and loss-given-default methodology is used to estimate the allowance for expected credit loss. See Item 1A, “Risk Factors—Risks Relating to Our Industry, Business and Operations—We are exposed to credit risk in certain of our business operations” and “Financial Condition, Liquidity and Capital Resources” for further details.
We have entered into various aggregate excess of loss reinsurance agreements with various special purpose reinsurance companies domiciled in Bermuda. These are special purpose variable interest entities that are not consolidated in our financial results because we do not have
the unilateral power to direct those activities that are significant to its economic performance. Seenote 12, “Variable Interest Entity and Noncontrolling Interests,” to our consolidated financial statements in Item 8 for additional information.
Premium Revenues and Related Expenses
Insurance premiums written are generally recorded at the policy inception and are primarily earned on a pro rata basis over the terms of the policies for all products, usually 12 months. Premiums written include estimates in our insurance operations’ programs, specialty lines, collateral protection business and for participation in involuntary pools. Such premium estimates are derived from multiple sources which include the historical experience of the underlying business, similar business and available industry information. Unearned premium reserves represent the portion of premiums written that relates to the unexpired terms of in-force insurance policies.
Reinsurance premiums written include amounts reported by brokers and ceding companies, supplemented by our own estimates of premiums where reports have not been received. The determination of premium estimates requires a review of our experience with the ceding companies, familiarity with each market, the timing of the reported information, an analysis and understanding of the characteristics of each line of business, and management’s judgment of the impact of various factors, including premium or loss trends, on the volume of business written and ceded to us. On an ongoing basis, our underwriters review the amounts reported by these third parties for reasonableness based on their experience and knowledge of the subject class of business, taking into account our historical experience with the brokers or ceding companies. In addition, reinsurance contracts under which we assume business generally contain specific provisions which allow us to perform audits of the ceding company to ensure compliance with the terms and conditions of the contract, including accurate and timely reporting of information. Based on a review of all available information, management establishes premium estimates where reports have not been received. Premium estimates are updated when new information is received and differences between such estimates and actual amounts are recorded in the period in which estimates are changed or the actual amounts are determined. Premiums written are recorded based on the type of contracts we write. Premiums on our excess of loss and pro rata reinsurance contracts are estimated when the business is underwritten. For excess of loss contracts, premiums are recorded as written based on the terms of the contract. Estimates of premiums written under pro rata contracts are recorded in the period in which the underlying risks incept and are based on information provided by the brokers and the ceding companies. For multi-year reinsurance treaties which are payable in annual installments, generally, only the initial annual installment is included as premiums written at policy inception due to the ability of the reinsured to commute or cancel coverage during the term of the policy. The remaining annual installments are included as premiums written at each successive anniversary date within the multi-year term.
Reinstatement premiums for our insurance and reinsurance operations are recognized at the time a loss event occurs, where coverage limits for the remaining life of the contract are reinstated under pre-defined contract terms. Reinstatement premiums, if obligatory, are fully earned when recognized. The accrual of reinstatement premiums is based on an estimate of losses and loss adjustment expenses, which reflects management’s judgment, as described above in “—Loss Reserves.”
The amount of reinsurance premium estimates included in premiums receivable and the amount of related acquisition expenses by type of business were as follows at December 31, 2023:
| December 31, 2023 | |||
|---|---|---|---|
| Gross Amount | Acquisition Expenses | NetAmount | |
| Other specialty | $1,510 | $(450) | $1,060 |
| Property excluding property catastrophe | 626 | (205) | 421 |
| Casualty | 463 | (146) | 317 |
| Marine and aviation | 213 | (44) | 169 |
| Property catastrophe | 14 | (1) | 13 |
| Other | 65 | (5) | 60 |
| Total | $2,891 | $(851) | $2,040 |
Premium estimates are reviewed by management at least quarterly. Such review includes a comparison of actual reported premiums to expected ultimate premiums along with a review of the aging and collection of premium estimates. Based on management’s review, the appropriateness of the premium estimates is evaluated, and any adjustment to these estimates is recorded in the period in which it becomes known. Adjustments to premium estimates could be material and such adjustments could directly and significantly impact earnings favorably or unfavorably in the period they are determined because the estimated premium may be fully or substantially earned.
A significant portion of amounts included as premiums receivable, which represent estimated premiums written, net of commissions, are not currently due based on the terms of the underlying contracts. Based on currently available information, we report premiums receivable net of an allowance for expected credit loss. We monitor credit risk associated with premiums receivable through our ongoing review of amounts outstanding, aging of the receivable, historical data and counterparty financial strength measures.
Reinsurance premiums assumed, irrespective of the class of business, are generally earned on a pro rata basis over the terms of the underlying policies or reinsurance contracts. Contracts and policies written on a “losses occurring” basis cover claims that may occur during the term of the contract or policy, which is typically 12 months. Accordingly, the premium is earned evenly over the term. Contracts which are written on a “risks attaching” basis cover claims which attach to the underlying insurance policies written during the terms of such contracts. Premiums earned on such contracts usually extend beyond the original term of the reinsurance contract, typically resulting in recognition of premiums earned over a 24-month period.
Certain of our reinsurance contracts include provisions that adjust premiums or acquisition expenses based upon the experience under the contracts. Premiums written and earned, as well as related acquisition expenses, are recorded based upon the projected experience under such contracts.
Retroactive reinsurance reimburses a ceding company for liabilities incurred as a result of past insurable events covered by the underlying policies reinsured. In certain instances, reinsurance contracts cover losses both on a prospective basis and on a retroactive basis and, accordingly, we bifurcate the prospective and retrospective elements of these reinsurance contracts and accounts for each element separately where practical. Underwriting income generated in connection with retroactive reinsurance contracts is deferred and amortized into income over the settlement period while losses are charged to income immediately. Subsequent changes in estimated amount or timing of cash flows under such retroactive reinsurance contracts are accounted for by adjusting the previously deferred amount to the balance that would have existed had the revised estimate been available at the inception of the reinsurance transaction, with a corresponding charge or credit to income.
Mortgage guaranty insurance policies are contracts that are generally non-cancelable by the insurer, are renewable at a fixed price, and provide for payment of premiums on a monthly, annual or single basis. Upon renewal, we are not able to re-underwrite or re-price our policies. Consistent with industry accounting practices, premiums written on a monthly basis are earned as coverage is provided. Premiums written on an annual basis are amortized on a monthly pro rata basis over the year of coverage. Primary mortgage insurance premiums written on policies covering more than one year are referred to as single premiums. A portion of the revenue from single premiums is recognized in premiums earned in the current period, and the remaining portion is deferred as unearned premiums and earned over the estimated expiration of risk of the policy. If single premium policies related to insured loans are canceled for any reason and the policy is a non-refundable product, the remaining unearned premium related to each canceled policy is recognized as earned premium upon notification of the cancellation.
Unearned premiums represent the portion of premiums written that is applicable to the estimated unexpired risk of insured loans. A portion of premium payments may be refundable if the insured cancels coverage, which generally occurs when the loan is repaid, the loan amortizes to a sufficiently low amount to trigger a lender permitted or legally required cancellation, or the value of the property has increased sufficiently in accordance with the terms of the contract. Premium refunds reduce premiums earned in the consolidated statements of income. Generally, only unearned premiums are refundable.
Acquisition costs that are directly related and incremental to the successful acquisition or renewal of business are deferred and amortized based on the type of contract. For property and casualty insurance and reinsurance contracts, deferred acquisition costs are amortized over the period in which the related premiums are earned. Consistent with mortgage insurance industry accounting practice, amortization of acquisition costs related to the mortgage insurance contracts for each underwriting year’s book of business is recorded in proportion to estimated gross profits. Estimated gross profits are comprised of earned premiums and losses and loss adjustment expenses. For each underwriting year, we estimate the rate of amortization to reflect actual experience and any changes to persistency or loss development.
Acquisition expenses and other expenses related to our underwriting operations that vary with, and are directly related to, the successful acquisition or renewal of business are deferred and amortized based on the type of contract. Our insurance and reinsurance operations capitalize incremental direct external costs that result from acquiring a contract but do not capitalize salaries, benefits and other internal underwriting costs. For our mortgage insurance operations, which include a substantial direct sales force, both external and certain internal direct costs are deferred and amortized. Deferred acquisition costs are carried at their estimated realizable value and take into account anticipated losses and loss adjustment expenses, based on historical and current experience, and anticipated investment income.
A premium deficiency occurs if the sum of anticipated losses and loss adjustment expenses, unamortized acquisition costs and maintenance costs and anticipated investment income exceed unearned premiums. A premium deficiency reserve (“PDR”) is recorded by charging any unamortized acquisition costs to expense to the extent required in order to eliminate the deficiency. If the premium deficiency exceeds unamortized acquisition costs then a liability is accrued for the excess deficiency.
To assess the need for a PDR on our mortgage exposures, we develop loss projections based on modeled loan defaults related to our current policies in force. This projection is based on recent trends in default experience, severity and rates of defaulted loans moving to claim, as well as recent trends in the rate at which loans are prepaid, and incorporates anticipated interest income. Evaluating the expected profitability of our existing mortgage insurance business and the need for a PDR for our mortgage business involves significant reliance upon assumptions and estimates with regard to the likelihood, magnitude and timing of potential losses and premium revenues. The models, assumptions and estimates we use to evaluate the need for a PDR may prove to be inaccurate, especially during an extended economic downturn or a period of extreme market volatility and uncertainty.
No premium deficiency charges were recorded by us during 2023 or 2022.
Net Deferred Income Tax Assets Measurement
On December 27, 2023 the Bermuda government enacted tax legislation referred to as the Corporate Income Tax Act 2023 (“Bermuda CIT Act”). The Bermuda CIT Act establishes a 15% corporate income tax, for in-scope businesses, for fiscal years beginning on or after January 1, 2025. The enacted legislation includes a provision referred to as the Economic Transition Adjustment, which requires Bermuda Constituent entities to establish tax basis in their assets and liabilities, excluding goodwill, based on fair value as of September 30, 2023. Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.
Using fair value to establish tax basis in the assets and liabilities of our Bermuda entities results in deductible and taxable temporary differences which are reflected as deferred income tax assets and liabilities, respectively, in our financial statements. The enactment of Bermuda CIT Act resulted in the establishment of a $1.18 billion net deferred income tax asset. Such amount is included in “Other assets” on the Company’s balance sheet.
The most significant deferred income tax assets recognized relate to the fair value adjustments for identifiable intangible assets. We estimated the fair value of the identifiable intangible assets of our Bermuda entities using discounted cash flow (“DCF”) models. The significant assumptions utilized in the DCF models included the future revenue and profits expected to be generated by the identifiable intangible assets and the discount rates. See note 15, “Income Taxes” to our consolidated financial statements in Item 8 for disclosures concerning our Company’s deferred income tax asset.
Fair Value Measurements
We review our securities measured at fair value and discuss the proper classification of such investments with investment advisors and others. Seenote 10, “Fair Value,” to our consolidated financial statements in Item 8 for a summary of our financial assets and liabilities measured at fair value at December 31, 2023 by valuation hierarchy.
Reclassifications
We have reclassified the presentation of certain prior year information to conform to the current presentation. Such reclassifications had no effect on our net income, shareholders’ equity or cash flows.
Significant Accounting Pronouncements
For all other significant accounting policies seenote 3, “Significant Accounting Policies” andnote 3(t), “Recent Accounting Pronouncements” to our consolidated financial statements in Item 8 for disclosures concerning our companies significant accounting policies and recent accounting pronouncements.
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