SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-K
(Mark One)
/x/ |
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the Fiscal Year Ended December 31, 2000
OR
| / / | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the Transition Period from to
Commission file number 0-23181
PAULA FINANCIAL
(Exact name of registrant as specified in its charter)
| Delaware (State or other jurisdiction of incorporation or organization) |
95-4640368 (I.R.S. Employer identification) |
PAULA FINANCIAL
300 North Lake Avenue, Suite 300
Pasadena, CA 91101
(Address of principal executive offices)
(626) 304-0401
(Registrant's telephone number, including area code)
Securities Registered pursuant to Section 12(b) of the Act: None
Securities Registered pursuant to Section 12(g) of the Act:
Common Stock, $0.01 par value
(Title of Class)
Rights to Purchase Preferred Stock, $0.01 par value
(Title of Class)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes /x/ No / /
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of the registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.
The aggregate market value of the voting stock held by nonaffiliates of the registrant was $6,368,827 as of March 21, 2001.
(APPLICABLE ONLY TO CORPORATE REGISTRANTS)
As of March 21, 2001, the registrant had outstanding 5,341,979 shares of Common Stock, $0.01 par value.
DOCUMENTS INCORPORATED BY REFERENCE
Item 1. BUSINESS
The Company
PAULA Financial and subsidiaries (collectively, "the Company") is a California-based specialty underwriter and distributor of commercial insurance products which, through its subsidiary PAULA Insurance Company ("PICO"), underwrites workers' compensation insurance products and services for the agribusiness industry. The Company began operations in 1946 as an insurance agency providing workers' compensation and group medical employee benefits to agribusiness employers in underserved rural markets. In 1974, PICO was formed to underwrite the workers' compensation portion of the business distributed by Pan American Underwriters, Inc. ("Pan Am"), the Company's insurance agency. The Company also owns Pan Pacific Benefit Administrators ("PPBA"), a third party administration ("TPA") operation.
Scope of Operations
The Company has operated in California for more than 50 years and in Arizona for more than 40 years. In 1994, the Company commenced operations in Oregon to test whether its business formula would prove successful in other jurisdictions with significant labor-intensive agribusiness operations. The Company wrote its first policy in Oregon on January 1, 1995. The Company's experience in Oregon indicated that the business formula could be successful in other states. Subsequently, the Company expanded into Alaska, Florida, Idaho, Nevada, New Mexico and Texas. In 2000, the Company elected to scale back operations in states where the environment made it difficult to produce profits. Consequently, the Company is running off its books of business in Florida, Texas and Nevada and does not anticipate writing new business in these jurisdictions for the foreseeable future.
Products and Services
The Company's principal product consists of workers' compensation insurance policies sold primarily to agribusiness employers. For the year ended December 31, 2000, workers' compensation net premiums earned accounted for 88.7% of the Company's revenues.
In order to differentiate its workers' compensation product from its competitors, the Company has developed a number of innovative product features, including: (i) automatic coverage in California for discrimination claims based on an employee's intent to file a workers' compensation claim; (ii) available employment practices liability ("EPL") insurance in California, which provides coverage for sexual harassment, wrongful termination and discrimination; and (iii) automatic benefits for the provision of occupational medicine to workers' compensation claimants in Mexico.
As a general commercial agent, Pan Am distributes group health insurance, property and casualty insurance, life and disability insurance and other products underwritten by unaffiliated insurance companies to the Company's agribusiness clients. See also "Distribution."
PPBA is a licensed TPA which has historically provided independent administration of claims and related services for self-insured employers' health benefit plans. Prospectively, the Company anticipates using the PPBA platform to provide a broad range of managing general agency services.
The Company, through Pan Am, also sells "AmeriMex", a product which, until November 2000, was underwritten by PAULA Assurance Company ("PACO"), a wholly owned subsidiary of PAULA Financial. AmeriMex is typically sold alongside PICO's workers' compensation product in California and provides group medical benefits for services rendered at three provider hospitals in Mexico. Additionally, until November 2000, PACO offered low limit group term life and accidental death and dismemberment insurance to employer groups. For the year ended December 31, 2000, group medical
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and group life products accounted for an aggregate of less than 1.5% of the Company's revenues. The Company is in the process of liquidating PACO. The liquidation is expected to be completed in early 2001.
Business Strategy
The Company believes that its differentiated approach as a provider of insurance services to the agribusiness industry and its expertise with immigrant employee groups, partial year workforces and businesses in rural communities have been important to its success.
The Company's target agribusiness market includes those employers who farm, harvest, transport, pack and process tree fruit, vegetables, fiber, flowers, vine fruit and dairy products. Labor intensive agribusiness employers rely on their workforces performing to maximum productivity in order to deliver their fresh product to market at the best price. Agribusiness insurance risks are generally characterized by: (i) monolingual Spanish speaking workforces; (ii) moving work sites and a relative lack of machinery and equipment, making loss control engineering more difficult; (iii) large seasonal fluctuations and high turnover in the employee pool, making timely and frequent safety training more critical and increasing the opportunity for filing fraudulent claims; (iv) fewer opportunities for discounts from health providers in rural locations; and (v) a relatively young workforce performing physically demanding labor for low hourly or piece-work wages.
The Company has capitalized on its experience working in the agribusiness industry by expanding into other industries with immigrant workforces, including grocery stores, restaurants and garment manufacturers. Like agribusiness employers, these businesses typically hire low-wage immigrant labor forces to perform semi-skilled labor and have risk characteristics and service requirements similar to those of the Company's agribusiness client base. PAULA Trading Company ("PTC") member agencies with expertise in these industries have been the key factor behind the Company's growth in non-agribusiness industries.
Technology
The Company believes that a key success factor going forward will be the effective use of technology to leverage resources. In recent years, the Company has taken various initiatives to improve its technology assets. Along those lines, effective January 2001, the Company entered into a service agreement with InsureTrade.com. InsureTrade.com is a subscription based, Internet enabled, supply chain management solution that facilitates property and casualty insurance transactions. In 2001, the Company plans to expand its California distribution network to selected rural agencies utilizing the InsureTrade.com platform. The use of the InsureTrade.com platform allows the Company to develop additional agency relationships without incurring the usual infrastructure development and maintenance costs. The Chairman and Chief Executive Officer of the Company is also the founder and Chairman of InsureTrade.com.
Integrated Distribution
The Company has developed an expertise in the agribusiness industry through its long history of both distributing and underwriting insurance and through a focus on the agent-customer relationship. The Company believes that Pan Am's direct interest in the Company's success results in a cooperative relationship among the agent, the underwriter, loss control consultants, claims management personnel and the customer and its employees. Pan Am is the largest distributor for PICO.
To enhance the Company's presence in rural areas not served by Pan Am, the Company affiliates with insurance agencies of similar size and operating histories to Pan Am. In late 1996 and early 1997, the Company made minority equity investments in two regional commercial insurance agencies and formed the PTC to affiliate with other independent agencies. Typically, PTC member agencies have
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extensive operating histories, a significant commercial insurance presence in rural communities and historically high client persistency rates.
The Company believes it gains significant marketing benefits from the endorsements Pan Am has developed for the Company. These trade association endorsements allow the Company to be identified with brand names significant to agribusiness customers. Trade associations which have endorsed the Company recommend the Company's products and services to their members. Endorsements provide the Company with access to large groups of potential customers without the usual sales process of prospecting individual clients.
Distinctive Services to Agribusiness Employers
Throughout its history, the Company has tailored its labor relations and cost containment services to the unique needs of the agribusiness employer. From the initial reporting of a claim to the careful explanation of benefits to the medical treatment delivery to the return of an employee to work, the Company's capabilities are field-based, bilingual, cross-cultural and sensitive to the unique fraud-prevention and cost-containment issues present in agribusiness. The Company's safety training, early return to work efforts, case management and case settlement operations are tailored specifically to the labor relations and cost containment needs of agribusiness employers and to the needs of Hispanic and other immigrant laborers.
Loss Prevention. Since employee turnover is high among agribusiness employers and labor intensive agribusiness requires little fixed equipment, the Company's field representatives hold employee safety training, forklift training and tail-gate sessions for the Company's clients and their employees. In addition, the Company's field representatives train crew foremen and field supervisors on safety practices, visit the workplace to help prevent fraudulent claims and report safety concerns to the Company's loss control consultants and underwriters. The Company's field representatives are a team of community-based bilingual employees with agribusiness employment backgrounds.
Benefit Delivery and Explanation of Benefits to Farm Workers. It has been a long-standing and distinctive practice of the Company's field representatives to hand deliver first-time benefit checks as often as possible and explain benefits in the language of preference of the claimant. The Company believes this helps to reduce the cost of claims, particularly by reducing the number of litigated claims, and reduces the incidence of fraud. The Company's field representatives also assist in returning employees to modified duty as part of the Company's early return to work program.
Medical Delivery in Mexico. The Company offers occupational medical treatment options in Mexico in three approved clinics in Tijuana, Mexicali and San Luis. The Company believes it is the only carrier to provide this service, which allows covered employees to obtain culturally-compatible care in sought-after private medical facilities in Mexico.
Customers
Agribusiness
The Company has served the insurance needs of agribusiness employers and other employers of immigrant workers for over 50 years. Because the Company focuses on clients in a limited number of industries, it believes it has developed expertise in assessing the risks associated with those industries.
The Company believes that the experience level required to be successful in serving the agribusiness industry makes it difficult for competitors to enter this market. In most states in which it operates, the Company's single largest competitor for agribusiness is that state's workers' compensation insurance fund. Due in part to the limited number of non-governmental carriers, state funds have built substantial market share in the states where they exist.
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Trade Associations and Safety Groups
The Company believes that it gains significant marketing and underwriting benefits from the efforts of Pan Am to obtain endorsements from agricultural trade associations and to promote the formation and operation of safety groups. Trade association endorsements are made and renewed on an annual basis. As of December 31, 2000, one trade association or safety group accounted for 5.4% of the Company's estimated annual premium ("EAP"). The Company individually underwrites each policy and is not obligated to offer insurance to any trade association member. The Company works with significant independent employers or groups of employers in selected crops or industries to form safety groups for group insurance purchasing and safety training purposes. Safety groups are entities which are registered with the applicable Department of Insurance ("DOI") and formed primarily to encourage workplace safety among employer members of the group and to purchase workers' compensation insurance as a group.
Distribution
Direct
The Company, operating through its wholly-owned subsidiary Pan Am, distributes its workers' compensation products to employers in California, Arizona and Oregon. Management believes Pan Am is one of the largest agency operations specializing in offering employee benefit products to agribusiness-related employers in California and Arizona. Pan Am had commission revenues (before intercompany eliminations) of $10.6 million and $9.2 million in 2000 and 1999, respectively. Pan Am, as agent and broker, offers its customers a wide range of insurance products tailored to agribusiness employers' specific needs.
Pan Am's revenues are derived from commissions from the placement of insurance with insurance carriers, including PICO and PACO. In 2000 and 1999, Pan Am placed 29% and 37%, respectively, of its total insurance premiums with PICO and PACO. The Company's integration of the sales and underwriting elements of the workers' compensation insurance business sold through Pan Am enhances the Company's ability to retain this business. PICO's insurance business sold through Pan Am is not vulnerable to being moved at the sole discretion of the agent, although PICO's insurance sold through Pan Am is still subject to competition from other insurance agents. For 2000 and 1999, 32% and 30%, respectively, of PICO's premiums written was sold through Pan Am.
Pan Am has 77 full-time equivalent employees operating from 17 offices in California, Arizona and Oregon; most of these locations also house PICO personnel and operations. This provides Pan Am sales personnel with direct access to insurance company underwriting and claims personnel which, the Company believes, improves the effectiveness of Pan Am's sales and servicing efforts.
PAULA Trading Company
To enhance the Company's presence in rural areas not served by Pan Am, the Company affiliates with insurance agencies of similar size and operating histories to Pan Am, primarily through the PTC membership arrangement. PTC members have access to PAULA's innovative product features such as an EPL product and have the potential to join various insurance agency marketing arrangements. Commission structures are negotiated separately with each agency; however, the majority of PTC agencies receive the Company's standard commission rate.
Independent Insurance Agents
The Company appoints a limited number of independent insurance agents, who are not affiliated with the PTC, to sell its workers' compensation insurance, primarily in states other than California. The Company favors appointing independent agents who will primarily represent the Company in its desired
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agribusiness focused markets rather than presenting the Company as one of many competing quotes together in a pricing comparison.
Workers' Compensation System
Workers' compensation is a statutory system under which an employer is required to reimburse its employees for the costs of medical care and other specified benefits for work-related injuries or illnesses. Most employers comply with this requirement by purchasing workers' compensation insurance. The principal concept underlying workers' compensation laws is that an employee injured in the course of his or her employment has only the legal remedies for that injury available under workers' compensation law and does not have any other claims against his or her employer. Generally, workers are covered for injuries which occur in the course and scope of their employment. The obligation to pay such compensation does not depend on any negligence or wrong on the part of the employer and exists even for injuries that result from the negligence or wrongs of another person, including the employee.
Workers' compensation insurance policies obligate the carrier to pay all benefits which the insured employer may become obligated to pay under applicable workers' compensation laws. Each individual state has its own workers' compensation regulatory system that determines the level of wage replacement to be paid, the level of medical care required to be provided and the cost of permanent impairment. For instance, there are four types of benefits payable under California workers' compensation policies: (i) temporary or permanent disability benefits (either in the form of short-term to life-term payments or lump sum payments); (ii) vocational rehabilitation benefits; (iii) medical benefits; and (iv) death benefits. The amount of benefits payable for various types of claims is determined by regulation and varies with the severity and nature of the injury or illness and the wage, occupation and age of the employee.
Underwriting
Agribusiness Underwriting Expertise
Knowledge of Agribusiness Risks. The Company's rate making process benefits significantly from more than 50 years of claim experience in the agribusiness industry and a proprietary database built over 25 years. This database includes experience by class of business and by subclass within those business classes in which the Company specializes. The information in the database has been developed since PICO's inception and is relevant today in that the Company continues to specialize in many of the same classes of business in which it has historically focused. This experience has enabled the Company to differentiate risks by creating many farm classes and subclasses, reflecting the unique characteristics of job classifications and differences in farming operations.
Trade Association Endorsements and Safety Groups. The Company enjoys the endorsement of more than 25 trade associations and has promoted the formation and operation of more than 40 other safety groups that purchase workers' compensation insurance from the Company. Each employer participating in these groups is pooled with other homogeneous employers for the purpose of rating experience. These groups help the Company to achieve the actuarial benefit of writing larger pools, to provide safety training and services to small accounts more efficiently and to promote the selection of good risks and safety practices by linking the self interest of each group member. Over half of the Company's policies are in trade associations and safety groups.
Risk Selection
The Company's focus allows it to concentrate on agribusiness in rural areas where litigation, fraud and abuse, which tend to increase the frequency of claims as well as the Company's loss adjustment expense ("LAE"), are less pronounced. The Company believes the historically lower claim frequency
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and LAE in these areas are due in large part to the stronger work ethic and lower wage level in these areas coupled with a lower density of attorneys and other workers' compensation claimants' intermediaries.
Most of PICO's business is produced through Pan Am and a group of selected independent agents which have a local presence in the major agricultural areas throughout the Company's operating markets. The Company believes that this local involvement in rural communities allows its agents to gain insight into the insureds' financial stability, ability to run their business, attitudes toward safety and loss control and willingness to work as partners with the Company in the management of their workers' compensation program.
The Company focuses on small- to medium-sized accounts which make up the broadest segment of agribusiness employers. PICO's average annual workers' compensation policy premium, as measured by EAP, was $8,309 as of December 31, 2000. The Company has found that smaller businesses tend to be supervised by the owner rather than management staff. The Company believes that an employer's claims experience directly depends on the owner's commitment to workplace safety and its hiring practices. By underwriting small- to medium-sized accounts, the Company has an opportunity to assess directly the owners' commitment to workplace safety rather than trying to assess such commitment through interaction with management staff.
Underwriting Process
PICO's relationship with Pan Am and other agents allows the pre-screening by such agents of new workers' compensation accounts according to criteria established by PICO, including the employers' prior loss experience, hiring practices, safety record, credit history, geographic location and types of job assignments within employment classifications. The Company's agents also meet with the employer's management to assess the extent to which management is committed to safety in the workplace.
Once an account passes this initial screening process and prior to approving an application, the Company's underwriting department reviews each employer applicant's prior loss experience, safety record, operations, geographic location and payroll classifications and the types of job assignments within employment classifications. If necessary, more often for accounts with EAP of $250,000 or greater, a pre-inspection is conducted by the Company's loss control department to evaluate safety in the workplace, hiring practices, industrial health hazards and the potential insured's enthusiasm for loss control and workplace safety. The Company's underwriters evaluate the potential profitability of each insurance application by analyzing the various potential loss exposures related to that particular risk compared to the standard exposures in that classification.
On accounts larger than $100,000 in EAP, the Company's underwriters generally consult with the Company's senior claims management personnel during the underwriting process. For new business submissions, this process improves the Company's ability to estimate an employer's expected claims experience. For renewing businesses, this process informs the underwriters of the Company's experience handling claims for the particular employer and the employer's attitude toward safety, cooperation in the claims settlement process, return to work efforts and collection payment history.
Once an account is written, a service plan is put into place utilizing appropriate members of the Company's team of bilingual field representatives and certified loss control specialists and employer personnel to establish and periodically review formal and informal safety programs, safety committees, conformity with OSHA standards, procedures for reporting injuries, medical cost containment, anti-fraud information, accident investigation, safety incentive/rewards programs and claims review procedures. The Company's field representatives provide a number of valuable services for the Company's underwriting and claims personnel as well as to the Company's insured employers. All of the field representatives speak English and Spanish. The field representatives spend their working hours making periodic visits to the Company's insured employers and their workers. Among other things, the
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field representatives provide feedback to the Company's underwriting personnel about particular accounts and their attitude toward, and actions to implement, workplace safety. The Company uses its bilingual, state-certified loss control personnel to hold safety seminars to train insureds' employees.
The Company has established an underwriting referral policy designed to allow the Company's senior underwriting officer to review all large and unusual underwriting opportunities. All accounts with (i) high EAP, (ii) high experience modifications (indicating poor prior claims experience), (iii) a projected overall rate reduction at renewal, or (iv) large variations from the Company's standard rates are reviewed by the senior underwriting officer, often in consultation with senior claims officers, loss control officers, the chief actuary and/or the chief financial officer.
The Company's underwriting department personnel has extensive experience in property/casualty underwriting. Each of the senior underwriters is given individually determined binding authority.
Pricing
The amount of premium the Company charges for workers' compensation insurance is dependent on the size of an employer's payroll, the job classifications of its employees and the application of the Company's rating plan to each individual employer. The Company's rating plan varies from state to state due to differences in regulatory environments. In certain states, the premium rate charged to a particular employer may be affected by a risk premium modifier if the employer is a member of a safety group or meets certain safety or other requirements. Each employer's indicated premium is then adjusted based on the employer's experience modification, which is determined by a third party rating bureau. Application of the experience modification factor results in an increase or decrease to the indicated premium rate based on the employer's loss experience and, therefore, provides an incentive to employers to reduce work-related injuries and illnesses.
In certain states, at the time the Company issues a policy to an employer, the Company is paid a deposit premium, which is a percentage of the EAP of the policy at the time of issuance. The percentage ranges from 10% to 100% of the EAP depending, among other things, on the premium payment schedule, the employer's credit history and employment classifications. The employer remits its premiums either in installments based on a payment plan or in amounts calculated from periodic reports of its payrolls. At the end of the policy term, or when the policy is canceled, a final audit of the employer's records is conducted by the Company to determine the correct amount of premium due to the Company.
For
a description of regulation of workers' compensation insurance premium rates, see "BusinessRegulation
Regulation of PICO's Business in Each State in Which it is Licensed".
Claims
The Company's policy is to protect injured workers or their dependents and policyholders by promptly investigating each loss occurrence, administering benefits in a prompt, efficient and cost effective manner and maintaining an appropriate reserve estimate on each claim through closure. The Company expends significant efforts to improve its insureds' claim experience. Because the Company charges insurance rates based in part on an insured's claims experience over a three-year period, improvements in an insured's claims experience are not immediately reflected in lower rates, thereby providing an opportunity for the Company's loss ratio to improve as each accounts' claims experience is reduced.
Management of Claims Costs
The Company's Special Investigation Unit reviews each claim for potential fraud as it is reported to the Company rather than only those claims referred to the unit by claims adjusters after they suspect
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fraud, as the Company believes is more typical in the industry. By reviewing every claim at an early stage, the Company is able to take advantage of its experience in identifying the principal indicators of fraud and thereby mitigate its exposure to fraudulent claims. The Company believes its Special Investigation Unit's review of every claim diminishes the number of fraudulent claims paid by the Company. The Company has also established a separate litigation management unit, which makes extensive use of alternative dispute resolution techniques to settle claims prior to these claims going before local workers' compensation appeals boards. The Company periodically holds special one-day arbitration conferences with retired workers' compensation judges to attempt to settle pending claims.
In order to mitigate the trend towards higher claim values on permanent disability claims, in the second quarter of 1999, the Company established new claims units, internally referred to as "Ranger" units. The Ranger units, which are in place in California, are based on a model of proactive claims management. Ranger team members are charged with developing action plans for each case using best practices data. Ranger team members are also subject to daily monitoring and feedback by Ranger supervisors. The Company believes that this results in increased accountability and improved oversight and ultimately allows the Company to manage claims to efficient outcomes.
As an integral part of its claims operations, PICO utilizes specially trained personnel, both employees and independent contractors, to carry out cost containment techniques in the areas of medical management, litigation management, vocational rehabilitation management, subrogation management, fraud investigation, bill review, utilization review and benefit delivery compliance. The Company's medical management efforts are devoted to providing medical utilization review and quality assurance with the objectives of controlling unit cost, volume of services and lost work days due to work-related injury and illness. In particular, due to its long experience in rural markets, the Company understands how the delivery of occupational medical services varies in rural areas from metropolitan areas, allowing the Company, it believes, to more effectively utilize its rights to direct injured workers to medical providers approved by the Company during the first weeks after an injury occurs.
The Company has created a panel of medical providers practicing in three facilities in Mexico who are skilled in delivering occupational medicine in a manner consistent with the requirements of the California workers' compensation system at less cost than United States providers for those workers more comfortable with Mexico clinics and hospitals.
Claims Personnel
The Company's claims management is conducted under the direction of a management team with extensive experience in the industry. The Company believes that the combination of experience and manageable caseloads allows claims personnel to be more effective at managing claims through frequent contact with policyholders, injured workers and medical providers.
Losses and Loss Reserves
In many cases, significant periods of time may elapse between the occurrence of an insured loss, the reporting of the loss to the insurer and the insurer's payment of that loss. To recognize liabilities for unpaid losses, insurers establish reserves, which are balance sheet liabilities representing estimates of future amounts needed to pay claims with respect to insured events that have occurred, including events that have occurred but have not yet been reported to the insurer. Reserves are also established for LAE representing the estimated expenses of settling claims, including legal and other fees, and general expenses of administering the claims adjustment process.
Reserves for losses and LAE are based not only on historical experience but also on management's judgment of the effects of factors such as future economic and social forces likely to impact the insurer's experience relative to the type of risk involved, benefit changes, circumstances surrounding individual claims and trends that may affect the probable number and nature of claims arising from
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losses not yet reported. Consequently, loss reserves are inherently subject to a number of highly variable circumstances.
Reserves for losses and LAE are evaluated periodically using a variety of actuarial and statistical techniques for producing current estimates of expected claim costs. Claim frequency and severity and other economic and social factors are considered in the evaluation process. Since the Company relies on both actual historical data, which reflect past inflation, and on other factors which are judged to be appropriate modifiers of past experience, the Company uses an implied, rather than explicit, provision for inflation in its calculation of estimated future claim costs. Adjustments to reserves are reflected in operating results for the periods in which they are made.
The Company sets an initial case reserve upon being notified of an insured injury. Since 1992, the Company has employed automated computer technology utilizing a database comprised of data from participating unaffiliated workers' compensation carriers to assist the Company in setting such initial reserves. As more facts regarding the loss become known, the Company reviews and, if appropriate, revises the initial case loss reserve.
In addition to case reserves, the Company also establishes bulk reserves. Bulk reserves are established on an aggregate basis to provide for losses incurred but not yet reported to the insurer and to supplement the overall adequacy of individual case reserves established by claims adjusters and estimated expenses of settling such claims, including legal and other fees and general expenses of administering the claims adjustment process. The Company establishes bulk reserves by estimating the ultimate net liability for losses and LAE by using actuarial reserving techniques. Such techniques are used to adjust, in the aggregate, the amount estimated for individually established case reserves, as well as to establish estimates for reserves for unreported claims. Adjustments are made for changes in the volume and mix of business, mix of claim categories, claims processing and other items which affect the development patterns over time.
On the basis of the Company's internal procedures which analyze, among other things, the Company's experience with similar cases and historical trends such as reserving patterns, loss payments and pending levels of unpaid claims, as well as court decisions, economic conditions and public attitudes, management has made its best estimate of the Company's liabilities for unpaid losses and LAE and believes that adequate provision has been made for such items. However, because the establishment of loss reserves is an inherently uncertain process, there can be no assurance that ultimate losses and LAE will not exceed the Company's reserves. There can be no assurance that future loss development will not require reserves for prior periods to be increased, which would adversely affect earnings in future periods.
The Company employs an in-house actuary and also utilizes an outside actuarial firm to determine its reserving levels.
The following table sets forth a reconciliation of beginning and ending reserves for losses and LAE after reinsurance deductions for the periods indicated. There are no material differences between the Company's reserves for losses and LAE shown below calculated in accordance with Generally Accepted Accounting Principles ("GAAP") and those calculated in accordance with Statutory Accounting Principles ("SAP"). The Company does not discount claim reserves on either a GAAP basis or under SAP.
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Reconciliation of Reserves for Losses and LAE
(in thousands)
| |
2000 |
1999 |
1998 |
||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Unpaid loss and loss adjustment expenses beginning of year | $ | 158,944 | $ | 136,316 | $ | 77,784 | |||||
| Less: reinsurance recoverable on unpaid losses and LAE | 11,519 | 25,137 | 6,394 | ||||||||
| PACO reserves | 207 | 377 | 343 | ||||||||
| Net PICO balance, beginning of year | $ | 147,218 | $ | 110,802 | $ | 71,047 | |||||
| Incurred related to: | |||||||||||
| Current period | 74,908 | 64,896 | 107,850 | ||||||||
| Prior periods | 21,217 | 17,179 | 6,268 | ||||||||
| $ | 96,125 | $ | 82,075 | $ | 114,118 | ||||||
| Settlement of Reliance treaties (See "Reinsurance") | | 41,989 | | ||||||||
| Paid related to: | |||||||||||
| Current period | 25,705 | 34,318 | 34,374 | ||||||||
| Prior periods | 85,928 | 53,330 | 39,989 | ||||||||
| $ | 111,633 | $ | 87,648 | $ | 74,363 | ||||||
| Net PICO balance, end of year | 131,710 | 147,218 | 110,802 | ||||||||
| Plus: reinsurance recoverable on unpaid losses and LAE | 20,867 | 11,519 | 25,137 | ||||||||
| PACO reserves | 20 | 207 | 377 | ||||||||
| Unpaid loss and loss adjustment expenses, end of year | $ | 152,597 | $ | 158,944 | $ | 136,316 | |||||
The table below shows changes in historical workers' compensation net loss and LAE reserves for PICO for each year since 1990. Reported reserve development is derived from information included in PICO's statutory financial statements. The first line of the upper portion of the table shows the net reserves as of December 31 of each of the indicated years, representing the estimated amounts of net outstanding losses and LAE for claims arising during that year and in all prior years that are unpaid, including losses that have been incurred but not yet reported to the Company. The upper portion of the table shows the restated amount of the previously recorded net reserves for each year based on experience as of the end of each succeeding year. The estimate changes as more information becomes known about claims for individual years. The lower portion of the table shows the cumulative net amounts paid as of December 31 of successive years with respect to the net reserve liability for each year.
In evaluating the information in the table below, it should be noted that each amount includes the effects of all changes in amounts for prior periods. For example, if a loss determined in 1993 to be $10,000 was first reserved in 1990 at $8,000, the $2,000 deficiency would be included in the cumulative redundancy (deficiency) for each of the years 1989 through 1993 shown below. This table, unlike the table headed "Calendar Year Development by Accident Year" that follows, does not present accident or policy year development data. Conditions and trends that have affected the development of liability in the past may not necessarily occur in the future. Accordingly, it may not be appropriate to extrapolate future redundancies or deficiencies based on this table.
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Changes in Historical Net Reserves for Losses and LAE
(in thousands)
| |
1990 |
1991 |
1992 |
1993 |
1994 |
1995 |
1996 |
1997 |
1998 |
1999 |
2000 |
|||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Unpaid losses and loss adjustment expenses at end of year | $ | 49,104 | $ | 57,909 | $ | 59,492 | $ | 56,792 | $ | 53,287 | $ | 49,982 | $ | 48,760 | $ | 71,047 | $ | 110,802 | $ | 147,218 | $ | 131,710 | ||||||||||||
| Reserve re-estimated as of: | ||||||||||||||||||||||||||||||||||
| One year later | 52,209 | 58,618 | 57,000 | 52,837 | 49,403 | 47,335 | 50,346 | 77,315 | 127,981 | 168,435 | ||||||||||||||||||||||||
| Two years later | 53,491 | 60,095 | 57,115 | 50,480 | 48,189 | 45,041 | 50,910 | 86,677 | 145,018 | |||||||||||||||||||||||||
| Three years later | 54,316 | 60,733 | 55,305 | 50,647 | 46,855 | 45,814 | 55,447 | 92,377 | ||||||||||||||||||||||||||
| Four years later | 55,269 | 59,806 | 56,725 | 50,056 | 47,928 | 47,868 | 58,662 | |||||||||||||||||||||||||||
| Five years later | 54,808 | 60,286 | 56,813 | 50,707 | 49,173 | 49,620 | ||||||||||||||||||||||||||||
| Six years later | 55,184 | 60,794 | 57,225 | 51,679 | 50,170 | |||||||||||||||||||||||||||||
| Seven years later | 55,738 | 61,188 | 58,123 | 52,355 | ||||||||||||||||||||||||||||||
| Eight years later | 55,932 | 61,702 | 58,753 | |||||||||||||||||||||||||||||||
| Nine years later | 56,281 | 62,196 | ||||||||||||||||||||||||||||||||
| Ten years later | 56,701 | |||||||||||||||||||||||||||||||||
| Cumulative redundancy (deficiency) | (7,597 | ) | (4,287 | ) | 739 | 4,437 | 3,117 | 362 | (9,902 | ) | (21,330 | ) | (34,216 | ) | (21,217 | ) | ||||||||||||||||||
| Cumulative paid as of: | ||||||||||||||||||||||||||||||||||
| One year later | 21,736 | 25,543 | 23,464 | 21,711 | 21,742 | 21,680 | 25,133 | 39,989 | 53,330 | 85,928 | ||||||||||||||||||||||||
| Two years later | 36,021 | 40,328 | 37,040 | 34,721 | 33,601 | 33,007 | 38,328 | 61,986 | 100,691 | |||||||||||||||||||||||||
| Three years later | 43,482 | 48,429 | 45,529 | 41,855 | 39,372 | 38,784 | 45,768 | 76,046 | ||||||||||||||||||||||||||
| Four years later | 47,923 | 53,416 | 50,395 | 45,253 | 42,807 | 42,253 | 51,206 | |||||||||||||||||||||||||||
| Five years later | 50,713 | 56,250 | 52,941 | 47,231 | 45,078 | 45,171 | ||||||||||||||||||||||||||||
| Six years later | 52,442 | 58,261 | 54,642 | 48,696 | 47,033 | |||||||||||||||||||||||||||||
| Seven years later | 53,801 | 59,406 | 55,848 | 50,086 | ||||||||||||||||||||||||||||||
| Eight years later | 54,558 | 60,181 | 56,872 | |||||||||||||||||||||||||||||||
| Nine years later | 55,090 | 60,993 | ||||||||||||||||||||||||||||||||
| Ten years later | 55,670 | |||||||||||||||||||||||||||||||||
| Net unpaid losses and loss adj. expenses December 31 | $ | 110,802 | $ | 147,218 | $ | 131,710 | ||||||||||||||||||||||||||||
| Reinsurance recoverable | 25,137 | 11,519 | 20,867 | |||||||||||||||||||||||||||||||
| Gross unpaid losses and loss adj. expenses December 31 | $ | 135,939 | $ | 158,737 | $ | 152,577 | ||||||||||||||||||||||||||||
Re-estimated net unpaid losses and loss adjustment expenses |
$ |
145,018 |
$ |
168,435 |
||||||||||||||||||||||||||||||
| Re-estimated reinsurance recoverable | 32,574 | 16,866 | ||||||||||||||||||||||||||||||||
| Re-estimated gross unpaid losses and loss adjustment expenses | $ | 177,592 | $ | 185,301 | ||||||||||||||||||||||||||||||
| Gross cumulative redundancy (deficiency) | $ | (41,653 | ) | $ | (26,564 | ) | ||||||||||||||||||||||||||||