e10vk
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
Form 10-K
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(Mark One)
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þ
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ANNUAL REPORT PURSUANT TO SECTION 13 or 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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For the fiscal
year ended December 31, 2010
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OR
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o
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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For the transition period
from to
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Commission file number 1-15202
W. R. BERKLEY
CORPORATION
(Exact name of registrant as
specified in its charter)
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Delaware
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22-1867895
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(State or other jurisdiction
of incorporation or organization)
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(I.R.S. Employer
Identification Number)
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475 Steamboat Road, Greenwich, CT
(Address of principal executive
offices)
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06830
(Zip
Code)
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Registrants telephone number, including area code:
(203) 629-3000
Securities registered pursuant to Section 12(b) of the
Act:
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Title of Each Class
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Name of Each Exchange on Which Registered
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Common Stock, par value $.20 per share
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New York Stock Exchange
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6.75% Trust Originated Preferred Securities
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New York Stock Exchange
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Securities registered pursuant to Section 12(g) of the
Act:
None
Indicate by check mark if the registrant is a well-known
seasoned issuer, as defined in Rule 405 of the Securities
Act. Yes þ No o
Indicate by check mark if the registrant is not required to file
reports pursuant to Section 13 or 15(d) of the
Act. Yes o No þ
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 þ No o
Indicate by check mark whether the registrant has submitted
electronically and posted on its corporate Web site, if any,
every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of
Regulation S-T
during the preceding 12 months (or for such shorter
period that the registrant was required to submit and post such
files). Yes þ No o
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 registrants knowledge, in definitive proxy or
information statements incorporated by reference in
Part III of this Annual Report on
Form 10-K
or any amendment to this Annual Report on
Form 10-K. þ
Indicate by check mark whether the registrant is a large
accelerated filer, an accelerated filer, a non-accelerated
filer, or a smaller reporting company. See the definitions of
large accelerated filer, accelerated
filer and smaller reporting company in Rule
12b-2 of the
Exchange Act. (Check one):
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Large
accelerated
filer þ
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Accelerated
filer o
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Non-accelerated
filer o
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Smaller
reporting
company o
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(Do not check if a smaller reporting company)
Indicate by check mark whether the registrant is a shell company
(as defined in
Rule 12b-2
of the
Act). Yes o No þ
The aggregate market value of the voting and non-voting common
stock held by non-affiliates (computed by reference to the price
at which the common stock was last sold) as of the last business
day of the Registrants most recently completed second
fiscal quarter was $3,265,618,080.
Number of shares of common stock, $.20 par value,
outstanding as of February 14, 2011: 141,049,573
DOCUMENTS
INCORPORATED BY REFERENCE
Portions of the Companys 2010 Annual Report to
Stockholders for the year ended December 31, 2010 are
incorporated herein by reference in Part II, and portions
of the registrants definitive proxy statement, which will
be filed with the Securities and Exchange Commission within
120 days after December 31, 2010, are incorporated
herein by reference in Part III.
W. R.
BERKLEY CORPORATION
ANNUAL
REPORT ON
FORM 10-K
December 31,
2010
2
SAFE
HARBOR STATEMENT
UNDER THE PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995
This is a Safe Harbor Statement under the Private
Securities Litigation Reform Act of 1995. This document may
contain forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Some of the
forward-looking statements can be identified by the use of
forward-looking words such as believes,
expects, potential,
continued, may, will,
should, seeks,
approximately, predicts,
intends, plans, estimates,
anticipates or the negative version of those words
or other comparable words. Any forward-looking statements
contained herein including statements related to our outlook for
the industry and for our performance for the year 2011 and
beyond, are based upon our historical performance and on current
plans, estimates and expectations. The inclusion of this
forward-looking information should not be regarded as a
representation by us that the future plans, estimates or
expectations contemplated by us will be achieved. They are
subject to various risks and uncertainties, including but not
limited to:
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the cyclical nature of the property casualty industry;
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the long-tail and potentially volatile nature of the insurance
and reinsurance business;
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product demand and pricing;
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claims development and the process of estimating reserves;
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investment risks, including those of our portfolio of fixed
maturity securities and investments in equity securities,
including investments in financial institutions, municipal
bonds, mortgage-backed securities, loans receivable, investment
funds, real estate, merger arbitrage and private equity
investments;
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the impact of significant competition;
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the uncertain nature of damage theories and loss amounts;
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natural and man-made catastrophic losses, including as a result
of terrorist activities;
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the impact of the economic downturn, and the potential effect of
legislative, regulatory, accounting or other initiatives taken
in response to it, on our results and financial condition.
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the success of our new ventures or acquisitions and the
availability of other opportunities;
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the availability of reinsurance;
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our retention under the Terrorism Risk Insurance Programs
Reauthorization Act of 2007;
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the ability of our reinsurers to pay reinsurance recoverables
owed to us;
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foreign currency and political risks relating to our
international operations;
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other legislative and regulatory developments, including those
related to business practices in the insurance industry;
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changes in the ratings assigned to us or our insurance company
subsidiaries by rating agencies;
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the availability of dividends from our insurance company
subsidiaries;
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our ability to attract and retain key personnel and qualified
employees; and
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other risks detailed in this
Form 10-K
and from time to time in our other filings with the Securities
and Exchange Commission (SEC).
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We describe these risks and uncertainties in greater detail in
Item 1A, Risk Factors. These risks and uncertainties could
cause our actual results for the year 2011 and beyond to differ
materially from those expressed in any forward-looking statement
we make. Any projections of growth in our net premiums written
and management fees would not necessarily result in commensurate
levels of underwriting and operating profits. Our future
financial performance is dependent upon factors discussed
elsewhere in this
Form 10-K
and our other SEC filings. Forward-looking statements speak only
as of the date on which they are made.
3
W. R. Berkley Corporation, a Delaware corporation, is an
insurance holding company that is among the largest commercial
lines writers in the United States and operates in five segments
of the property casualty insurance business:
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Specialty lines of insurance, including excess and surplus
lines, premises operations, professional liability and
commercial automobile;
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Regional commercial property casualty insurance;
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Alternative markets, including workers compensation and
the management of self-insurance programs;
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Reinsurance, including treaty, facultative and Lloyds
business; and
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International.
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Our decentralized structure provides us with the flexibility to
respond to local or specific market conditions and to pursue
specialty business niches. It also allows us to be closer to our
customers in order to better understand their individual needs
and risk characteristics. Our structure allows us to capitalize
on the benefits of economies of scale through centralized
capital, investment and reinsurance management, and actuarial,
financial and corporate legal staff support. Nineteen of the
operating units described below were formed since 2006 to
capitalize on various business opportunities.
Unless otherwise indicated, all references in this
Form 10-K
to W. R. Berkley, we, us,
our, the Company or similar terms refer
to W. R. Berkley Corporation together with its subsidiaries.
Our specialty insurance and reinsurance operations are conducted
throughout the United States, and, on a limited basis, outside
the United States. Regional insurance operations are conducted
primarily in the Midwest, Northeast, Southern (excluding Florida
and Louisiana), Mid Atlantic, and North Pacific regions of the
United States. Alternative markets operations are conducted
throughout the United States. Our international operations are
conducted primarily in the United Kingdom, Continental Europe,
South America, Australia, Southeast Asia and Canada.
Net premiums written, as reported based on United States
generally accepted accounting principles (GAAP), for
each of the past five years were as follows:
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Year Ended December 31,
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2010
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2009
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2008
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2007
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2006
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(Amounts in thousands)
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Net premiums written:
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Specialty
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$
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1,311,831
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$
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1,260,451
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$
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1,453,778
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$
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1,704,880
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$
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1,814,479
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Regional
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1,044,347
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1,081,100
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1,211,096
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1,267,451
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1,235,302
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Alternative markets
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582,045
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589,637
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622,185
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656,369
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651,255
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Reinsurance
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401,239
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423,425
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435,108
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682,241
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892,769
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International
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511,464
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375,482
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311,732
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265,048
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225,188
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Total
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$
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3,850,926
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$
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3,730,095
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$
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4,033,899
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$
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4,575,989
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$
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4,818,993
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4
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Year Ended December 31,
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2010
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2009
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2008
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2007
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2006
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(Amounts in thousands)
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Percentage of net premiums written:
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Specialty
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34.1
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%
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33.7
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%
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36.1
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%
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37.3
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%
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37.7
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%
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Regional
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27.1
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%
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29.0
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%
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30.0
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%
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27.7
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%
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25.6
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%
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Alternative markets
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15.1
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%
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15.8
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%
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15.4
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%
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14.3
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%
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13.5
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%
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Reinsurance
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10.4
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%
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11.4
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%
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10.8
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%
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14.9
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%
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18.5
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%
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International
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13.3
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%
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10.1
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%
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7.7
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%
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5.8
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%
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4.7
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%
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Total
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100.0
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%
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100.0
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%
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100.0
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%
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100.0
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%
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100.0
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%
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The following sections describe our insurance segments and their
operating units. These operating units underwrite on behalf of
one or more affiliated insurance companies within the group
pursuant to underwriting management agreements. Certain
operating units are identified by us for descriptive purposes
only and are not legal entities.
Twenty-five of our twenty-six insurance company subsidiaries
rated by A.M. Best Company, Inc.
(A.M. Best) have ratings of A+ (Superior) (the
second highest rating out of 15 possible ratings), and one is
rated A (Excellent) (the third highest rating).
A.M. Bests ratings are based upon factors of concern
to policyholders, insurance agents and brokers and are not
directed toward the protection of investors. A.M. Best
states: The Financial Strength Rating opinion addresses
the relative ability of an insurer to meet its ongoing insurance
obligations. The ratings are not assigned to specific insurance
policies or contracts and do not address any other risk.
A.M. Best reviews its ratings on a periodic basis, and its
ratings of the Companys subsidiaries are therefore subject
to change.
Twenty-two of our twenty-three insurance company subsidiaries
rated by Standard & Poors (S&P)
have financial strength ratings of A+ (the seventh highest
rating out of twenty-seven possible ratings), and one is rated A
(the eighth highest rating).
Our Moodys ratings are A2 for Berkley Insurance Company,
Berkley Regional Insurance Company and Admiral Insurance Company
(the sixth highest rating out of twenty-one possible ratings).
SPECIALTY
Our specialty segment underwrites complex and sophisticated
third-party liability risks within excess and surplus lines and
on an admitted basis. Excess and surplus lines differ from
standard market lines in that excess and surplus lines are
generally free of rate and form regulation and provide coverage
for more complex and
hard-to-place
risks. The specialty lines of business include premises
operations, commercial automobile, property, products liability
and professional liability lines. The specialty business is
conducted through 18 operating units. The specialty units
deliver their products through a variety of distribution
channels depending on the customer base and particular risks
insured. The customers in this segment are highly diverse.
Admiral Insurance Company (Admiral) provides
excess and surplus lines coverage that generally involves a
moderate to high degree of hazard due to the nature of the class
of coverage or type of business insured. Admiral concentrates on
general liability, professional liability, property, and excess
and umbrella liability lines of business. Admirals
products are distributed by wholesale brokers. Admiral writes
relatively larger risks, with average annual premiums in excess
of $16,547 per policy.
Nautilus Insurance Company (Nautilus) insures
excess and surplus risks for small to medium-sized commercial
risks with low to moderate susceptibility to loss. Admitted
business is also written through an affiliate, Great Divide
Insurance Company. A substantial portion of Nautilus
business is written on a binding authority basis, subject to
certain contractual limitations. Nautilus writes relatively
smaller risks, with average annual premiums less than $2,325 per
policy.
5
Berkley Specialty Underwriting Managers LLC
(Berkley Specialty) has three underwriting
divisions. The specialty casualty division underwrites excess
and surplus lines general liability coverage with an emphasis on
products liability. The entertainment and sports division
underwrites property casualty insurance products, both on an
admitted and non-admitted basis, for the entertainment industry
and sports-related organizations. The environmental division
underwrites specialty insurance products to environmental
customers such as contractors, consultants and owners of sites
and facilities.
Monitor Liability Managers, Inc. (Monitor)
specializes in providing professional liability insurance,
including directors and officers liability,
employment practices liability, lawyers professional
liability, management liability, non-profit directors and
officers liability and accountants professional
liability to small and mid-size risks.
Berkley Underwriting Partners, LLC (Berkley
Underwriting Partners) underwrites specialty insurance
products through program administrators and managing general
underwriters. Berkley Underwriting Partners underwrites business
nationwide on an admitted and non-admitted basis.
Berkley Select, LLC (Select), which began
operations in 2007, specializes in underwriting professional
liability insurance with a particular emphasis on large law
firms, accounting firms and medical institution facilities.
Selects products are distributed nationwide through a
limited number of brokers.
Carolina Casualty Insurance Company
(Carolina) provides commercial insurance products
and services to the transportation industry with an emphasis on
intermediate and long-haul trucking and various classes of
business and public auto. Carolina operates as an admitted
carrier in all 50 states and the District of Columbia.
Vela Insurance Services, Inc. (Vela)
underwrites excess and surplus lines casualty business with a
primary focus on contractors along with a portfolio of
miscellaneous professional liability. Vela underwrites a variety
of classes nationwide through a network of appointed excess and
surplus lines brokers. Vela also underwrites
wrap-up
policies for residential and commercial projects, primarily in
California. Vela writes relatively larger risks, with average
annual premiums in excess of $20,786 per policy.
Clermont Specialty Managers, Ltd. (Clermont)
underwrites package insurance programs for luxury condominium,
cooperative and rental apartment buildings and restaurants in
the New York City and Chicago metropolitan areas.
Berkley Aviation, LLC (Aviation) underwrites
general and specialty aviation insurance. It underwrites
coverage for airlines, helicopters, miscellaneous general
aviation operations, non-owned aircraft, fixed-base operations,
control towers, airports and related businesses.
Berkley Offshore Underwriting Managers, LLC
(BOUM), which began operations in 2008, underwrites
physical damage insurance on a worldwide basis for large and
mid-sized oil and gas exploration and production enterprises.
Berkley Professional Liability, LLC (Berkley
Pro), which began operations in 2008, underwrites
directors and officers liability insurance for large
and mid-sized corporate customers.
American Mining Insurance Company, Inc. (American
Mining), which was acquired in 2007, specializes in
writing workers compensation insurance for the mining
industry and administers state and workers compensation
funds.
Gemini Transportation Underwriters (Gemini),
which began operations in February 2009, underwrites excess
liability insurance for the railroad and commercial trucking
industries.
Berkley Asset Protection Underwriters, LLC (Berkley
Asset), which began operations in 2008, underwrites
coverage for fine arts, jewelers block, fidelity, crime and
related risks.
FinSecure, LLC (FinSecure), which began
operations in 2008, underwrites property, liability,
professional and specialty insurance coverages for financial
institutions and financial services firms.
6
Berkley Life Sciences, LLC (Berkley Life
Science), which began operations in 2007, underwrites
property and casualty products to the life science marketplace,
including medical devices, biotechnology and pharmaceutical
companies.
Berkley Oil & Gas Specialty Services, LLC
(Berkley Oil & Gas), which was formed in
September 2009, provides multi-line insurance products,
including general liability and control of well, to the domestic
energy sector. Risk control services form a part of the product
offerings.
Verus Underwtiting Managers, LLC (Verus),
which began operations in 2010, provides property and casualty
excess and surplus lines coverages to a select number of
distribution partners.
The following table sets forth the percentage of gross premiums
written by each specialty unit:
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Year Ended December 31,
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2010
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2009
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2008
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2007
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2006
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Admiral
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16.7
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%
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20.4
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%
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24.0
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%
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28.2
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%
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28.5
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%
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Nautilus
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15.9
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%
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16.8
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%
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17.5
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%
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18.2
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%
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17.3
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%
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Berkley Specialty
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12.0
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%
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8.5
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%
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9.6
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%
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9.2
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%
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9.0
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%
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Monitor
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10.1
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%
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10.4
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%
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8.6
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%
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7.4
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%
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7.1
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%
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Berkley Underwriting Partners
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6.8
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%
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6.2
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%
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6.8
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%
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6.3
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%
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6.2
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%
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Select
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5.6
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%
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5.3
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%
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2.9
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%
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0.8
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%
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Carolina
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5.0
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%
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9.3
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%
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14.8
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%
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14.9
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%
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14.3
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%
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Vela
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4.9
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%
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4.4
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%
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5.6
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%
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7.9
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%
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11.9
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%
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Clermont
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4.1
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%
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4.0
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%
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3.7
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%
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3.4
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%
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3.0
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%
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Aviation
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3.9
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%
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3.6
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%
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3.3
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%
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3.3
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%
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2.7
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%
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BOUM
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3.7
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%
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2.7
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%
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Berkley Pro
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2.4
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%
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2.1
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%
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0.1
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%
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|
|
American Mining
|
|
|
2.3
|
%
|
|
|
2.2
|
%
|
|
|
2.1
|
%
|
|
|
0.4
|
%
|
|
|
|
|
Gemini
|
|
|
1.9
|
%
|
|
|
1.2
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
Berkley Asset
|
|
|
1.5
|
%
|
|
|
1.1
|
%
|
|
|
0.3
|
%
|
|
|
|
|
|
|
|
|
FinSecure
|
|
|
1.2
|
%
|
|
|
0.6
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
Berkley Life Science
|
|
|
1.1
|
%
|
|
|
1.2
|
%
|
|
|
0.7
|
%
|
|
|
|
|
|
|
|
|
Berkley Oil & Gas
|
|
|
0.9
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Verus
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table sets forth the percentages of gross premiums
written, by line, by our specialty insurance operations:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
Other liability
|
|
|
29.1
|
%
|
|
|
29.5
|
%
|
|
|
32.8
|
%
|
|
|
38.0
|
%
|
|
|
42.2
|
%
|
Property
|
|
|
20.4
|
%
|
|
|
19.0
|
%
|
|
|
15.1
|
%
|
|
|
14.4
|
%
|
|
|
12.2
|
%
|
Professional liability
|
|
|
18.3
|
%
|
|
|
18.1
|
%
|
|
|
12.9
|
%
|
|
|
9.9
|
%
|
|
|
8.9
|
%
|
Commercial automobile
|
|
|
8.2
|
%
|
|
|
10.4
|
%
|
|
|
16.0
|
%
|
|
|
15.8
|
%
|
|
|
15.0
|
%
|
Products liability
|
|
|
6.0
|
%
|
|
|
7.5
|
%
|
|
|
10.2
|
%
|
|
|
12.0
|
%
|
|
|
13.1
|
%
|
Other
|
|
|
18.0
|
%
|
|
|
15.5
|
%
|
|
|
13.0
|
%
|
|
|
9.9
|
%
|
|
|
8.6
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7
REGIONAL
Our regional companies provide commercial insurance products to
customers primarily in 45 states and the District of
Columbia. Key clients of this segment are
small-to-mid-sized
businesses and state and local governmental entities. The
regional business is sold through a network of non-exclusive
independent agents who are compensated on a commission basis.
The regional companies are organized geographically in order to
provide them with the flexibility to adapt quickly to local
market conditions.
Acadia Insurance Company (Acadia) is based in
Westbrook, Maine and operates in eight states in the Northeast.
Continental Western Group (Continental Western
Group) is based in Des Moines, Iowa and operates in
tewelve states in the Midwest.
Union Standard Insurance Group (Union
Standard) is based in Irving, Texas and operates in nine
southern states other than Florida and Louisiana.
Berkley Mid Atlantic Group (BMAG) is based in
Glen Allen, Virginia and operates in seven states principally in
the Mid Atlantic region and the District of Columbia.
Berkley North Pacific Group, LLC (Berkley North
Pacific), formerly a branch of Continental Western Group,
became a separate operating unit in August 2009. Berkley North
Pacific is based in Seattle, Washington, has an office in Boise
Idaho, and operates in five states in the Pacific Northwest
region.
In addition, the following regional companies provide the
specialized services described below:
Berkley Surety Group, Inc. (Berkley Surety)
offers surety bonds on a nationwide basis through a network of
seventeen regional and branch offices.
Berkley Regional Specialty Insurance Company
(BRSIC) offers the availability of excess and
surplus lines products to our regional agents.
Regional Excess Underwriters, LLC (REU) is a
full service excess and surplus lines brokerage offering
commercial coverages through contracted agents throughout the
continental United States.
The regional companies also write assigned risk premiums on
behalf of assigned risk plans managed by the Company. Assigned
risk premiums are 100% reinsured by the respective
state-sponsored assigned risk pools. In 2010, certain assigned
risk premiums were transferred from the regional segment to the
alternative markets segment.
The following table sets forth the percentage of gross premiums
written by each regional company:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
Acadia
|
|
|
26.4
|
%
|
|
|
25.1
|
%
|
|
|
23.8
|
%
|
|
|
24.3
|
%
|
|
|
25.1
|
%
|
Continental Western Group
|
|
|
23.9
|
%
|
|
|
26.3
|
%
|
|
|
27.2
|
%
|
|
|
27.0
|
%
|
|
|
27.5
|
%
|
Union Standard
|
|
|
18.5
|
%
|
|
|
18.5
|
%
|
|
|
17.7
|
%
|
|
|
17.0
|
%
|
|
|
16.6
|
%
|
BMAG
|
|
|
17.9
|
%
|
|
|
16.9
|
%
|
|
|
15.6
|
%
|
|
|
15.6
|
%
|
|
|
15.5
|
%
|
Berkley North Pacific
|
|
|
4.0
|
%
|
|
|
3.0
|
%
|
|
|
5.3
|
%
|
|
|
6.2
|
%
|
|
|
5.6
|
%
|
Berkley Surety
|
|
|
5.0
|
%
|
|
|
3.6
|
%
|
|
|
2.9
|
%
|
|
|
2.7
|
%
|
|
|
2.0
|
%
|
BRSIC
|
|
|
1.2
|
%
|
|
|
1.2
|
%
|
|
|
1.2
|
%
|
|
|
1.1
|
%
|
|
|
0.5
|
%
|
Assigned risk plans
|
|
|
3.1
|
%
|
|
|
5.4
|
%
|
|
|
6.3
|
%
|
|
|
6.1
|
%
|
|
|
7.2
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8
The following table sets forth the percentages of gross premiums
written, by line, by our regional insurance operations:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
Commercial multi-peril
|
|
|
35.8
|
%
|
|
|
34.7
|
%
|
|
|
34.3
|
%
|
|
|
34.8
|
%
|
|
|
35.5
|
%
|
Automobile
|
|
|
25.3
|
%
|
|
|
25.3
|
%
|
|
|
25.5
|
%
|
|
|
25.8
|
%
|
|
|
25.3
|
%
|
Workers compensation
|
|
|
18.0
|
%
|
|
|
18.1
|
%
|
|
|
18.2
|
%
|
|
|
17.8
|
%
|
|
|
17.9
|
%
|
Assigned risk plans
|
|
|
3.1
|
%
|
|
|
5.4
|
%
|
|
|
6.3
|
%
|
|
|
6.1
|
%
|
|
|
7.2
|
%
|
Other
|
|
|
17.8
|
%
|
|
|
16.5
|
%
|
|
|
15.7
|
%
|
|
|
15.5
|
%
|
|
|
14.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
9
The following table sets forth the percentages of direct
premiums written by our regional insurance operations by state:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
State
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Massachusetts
|
|
|
7.2
|
%
|
|
|
6.8
|
%
|
|
|
6.8
|
%
|
|
|
7.1
|
%
|
|
|
7.0
|
%
|
Texas
|
|
|
7.1
|
%
|
|
|
7.1
|
%
|
|
|
6.7
|
%
|
|
|
6.4
|
%
|
|
|
6.2
|
%
|
Pennsylvania
|
|
|
6.7
|
%
|
|
|
6.3
|
%
|
|
|
5.7
|
%
|
|
|
5.8
|
%
|
|
|
5.6
|
%
|
Maine
|
|
|
5.7
|
%
|
|
|
5.3
|
%
|
|
|
4.7
|
%
|
|
|
4.9
|
%
|
|
|
5.1
|
%
|
New Hampshire
|
|
|
5.3
|
%
|
|
|
5.0
|
%
|
|
|
4.9
|
%
|
|
|
5.1
|
%
|
|
|
5.3
|
%
|
North Carolina
|
|
|
4.2
|
%
|
|
|
3.6
|
%
|
|
|
3.3
|
%
|
|
|
3.4
|
%
|
|
|
3.2
|
%
|
Iowa
|
|
|
3.6
|
%
|
|
|
4.0
|
%
|
|
|
4.2
|
%
|
|
|
4.2
|
%
|
|
|
4.6
|
%
|
Mississippi
|
|
|
3.6
|
%
|
|
|
3.5
|
%
|
|
|
3.2
|
%
|
|
|
2.8
|
%
|
|
|
2.4
|
%
|
Vermont
|
|
|
3.4
|
%
|
|
|
3.1
|
%
|
|
|
3.0
|
%
|
|
|
3.3
|
%
|
|
|
3.5
|
%
|
Kansas
|
|
|
3.2
|
%
|
|
|
5.3
|
%
|
|
|
5.8
|
%
|
|
|
6.1
|
%
|
|
|
6.8
|
%
|
New York
|
|
|
3.1
|
%
|
|
|
2.8
|
%
|
|
|
2.3
|
%
|
|
|
2.1
|
%
|
|
|
1.8
|
%
|
Nebraska
|
|
|
3.0
|
%
|
|
|
3.9
|
%
|
|
|
3.8
|
%
|
|
|
3.8
|
%
|
|
|
4.0
|
%
|
Connecticut
|
|
|
2.9
|
%
|
|
|
3.1
|
%
|
|
|
3.0
|
%
|
|
|
2.9
|
%
|
|
|
2.9
|
%
|
Minnesota
|
|
|
2.8
|
%
|
|
|
3.0
|
%
|
|
|
3.2
|
%
|
|
|
3.2
|
%
|
|
|
3.4
|
%
|
Virginia
|
|
|
2.8
|
%
|
|
|
2.6
|
%
|
|
|
2.4
|
%
|
|
|
2.4
|
%
|
|
|
2.6
|
%
|
Wisconsin
|
|
|
2.8
|
%
|
|
|
2.4
|
%
|
|
|
2.5
|
%
|
|
|
2.5
|
%
|
|
|
2.7
|
%
|
Missouri
|
|
|
2.4
|
%
|
|
|
2.6
|
%
|
|
|
2.8
|
%
|
|
|
3.0
|
%
|
|
|
3.3
|
%
|
Washington
|
|
|
2.4
|
%
|
|
|
1.8
|
%
|
|
|
2.8
|
%
|
|
|
3.1
|
%
|
|
|
2.3
|
%
|
Arkansas
|
|
|
2.3
|
%
|
|
|
2.3
|
%
|
|
|
2.3
|
%
|
|
|
2.5
|
%
|
|
|
2.8
|
%
|
Illinois
|
|
|
2.3
|
%
|
|
|
2.5
|
%
|
|
|
2.7
|
%
|
|
|
1.7
|
%
|
|
|
2.0
|
%
|
Colorado
|
|
|
2.2
|
%
|
|
|
3.2
|
%
|
|
|
3.7
|
%
|
|
|
3.7
|
%
|
|
|
3.3
|
%
|
Maryland
|
|
|
2.2
|
%
|
|
|
2.4
|
%
|
|
|
2.1
|
%
|
|
|
2.1
|
%
|
|
|
2.1
|
%
|
South Dakota
|
|
|
1.8
|
%
|
|
|
2.4
|
%
|
|
|
2.3
|
%
|
|
|
2.2
|
%
|
|
|
2.6
|
%
|
Oklahoma
|
|
|
1.6
|
%
|
|
|
1.7
|
%
|
|
|
1.5
|
%
|
|
|
1.6
|
%
|
|
|
1.6
|
%
|
Tennessee
|
|
|
1.5
|
%
|
|
|
1.4
|
%
|
|
|
1.5
|
%
|
|
|
1.6
|
%
|
|
|
1.7
|
%
|
South Carolina
|
|
|
1.3
|
%
|
|
|
1.3
|
%
|
|
|
1.3
|
%
|
|
|
1.2
|
%
|
|
|
1.1
|
%
|
New Mexico
|
|
|
1.3
|
%
|
|
|
1.2
|
%
|
|
|
1.2
|
%
|
|
|
1.2
|
%
|
|
|
1.0
|
%
|
Alabama
|
|
|
1.2
|
%
|
|
|
1.2
|
%
|
|
|
1.1
|
%
|
|
|
1.0
|
%
|
|
|
0.9
|
%
|
Arizona
|
|
|
1.1
|
%
|
|
|
0.9
|
%
|
|
|
0.7
|
%
|
|
|
0.6
|
%
|
|
|
0.4
|
%
|
Indiana
|
|
|
1.1
|
%
|
|
|
0.9
|
%
|
|
|
0.9
|
%
|
|
|
1.1
|
%
|
|
|
1.0
|
%
|
North Dakota
|
|
|
1.1
|
%
|
|
|
1.0
|
%
|
|
|
0.9
|
%
|
|
|
0.7
|
%
|
|
|
0.7
|
%
|
Other
|
|
|
6.8
|
%
|
|
|
5.4
|
%
|
|
|
6.7
|
%
|
|
|
6.7
|
%
|
|
|
6.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ALTERNATIVE
MARKETS
Our alternative markets operations specialize in insuring,
reinsuring and administering self-insurance programs and other
alternative risk transfer mechanisms. Our clients include
commercial and governmental entity employers, employer groups,
insurers, and other groups or entities seeking alternative ways
to manage their exposure to risks. Often, alternative methods of
risk management result in our customers choosing to retain more
of this risk than they might otherwise retain in the traditional
insurance market. In addition to providing insurance
10
products, the alternative markets segment also provides a wide
variety of fee-based services, including claims, administrative
and consulting services.
Midwest Employers Casualty Company (MECC)
provides excess workers compensation coverage and risk
management services to self-insured employers and groups as well
as to insurance companies in the workers compensation
business. Excess workers compensation is coverage above an
amount retained, or self-insured, by the employer or group and
includes large deductible and reinsurance programs.
Key Risk Insurance Company (Key Risk) offers
primary workers compensation insurance principally in the
southeastern United States. Key Risk focuses on middle-market
accounts in specialty niches and on larger self-insured
entities, with a special emphasis on managed care services. An
affiliate, Key Risk Management Services, Inc., provides third
party administration of self-insured workers compensation
programs.
Berkley Accident and Health, LLC (Berkley
A&H) underwrites accident and health insurance and
reinsurance products through four primary business segments:
medical stop loss, managed care, special risk and group captive.
Berkley Net Underwriters, LLC (Berkley Net)
uses a web-based system to allow producers to quote, bind and
service insurance policies. Its initial focus is on the
workers compensation market.
Preferred Employers Insurance Company (Preferred
Employers) offers workers compensation insurance in
California with an emphasis on owner-managed small employers.
Riverport Insurance Company (Riverport)
provides property and casualty insurance products and services
for human services organizations, governmental and other
specialty entities, self-insured companies, associations and
purchasing groups.
Berkley Medical Excess Underwriters, LLC (Medical
Excess) underwrites medical malpractice excess insurance
and reinsurance coverage and provides services to hospitals and
hospital associations.
Berkley Risk Administrators Company, LLC
(BRAC) provides services including third-party
claims administration, underwriting risk management, accounting
services, loss control and safety consulting, management
information systems, regulatory compliance and alternative
markets program management.
In addition, assigned risk premiums are written on behalf of
assigned risk plans managed by the Company. Assigned risk
premiums are 100% reinsured by the respective state-sponsored
assigned risk pools. In 2010, certain assigned risk premiums
were transferred from the regional segment to the alternative
markets segment.
The following table sets forth the percentages of gross premiums
written by each alternative markets unit:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
MECC
|
|
|
30.7
|
%
|
|
|
38.3
|
%
|
|
|
42.1
|
%
|
|
|
45.1
|
%
|
|
|
44.6
|
%
|
Key Risk
|
|
|
16.1
|
%
|
|
|
17.7
|
%
|
|
|
18.8
|
%
|
|
|
17.6
|
%
|
|
|
16.8
|
%
|
Berkley A&H
|
|
|
10.6
|
%
|
|
|
6.1
|
%
|
|
|
4.6
|
%
|
|
|
2.6
|
%
|
|
|
0.4
|
%
|
Berkley Net
|
|
|
10.4
|
%
|
|
|
10.6
|
%
|
|
|
6.7
|
%
|
|
|
3.1
|
%
|
|
|
0.8
|
%
|
Preferred Employers
|
|
|
8.9
|
%
|
|
|
8.2
|
%
|
|
|
8.3
|
%
|
|
|
11.3
|
%
|
|
|
16.0
|
%
|
Riverport
|
|
|
8.2
|
%
|
|
|
10.2
|
%
|
|
|
9.3
|
%
|
|
|
7.7
|
%
|
|
|
7.0
|
%
|
Medical Excess
|
|
|
5.6
|
%
|
|
|
5.2
|
%
|
|
|
4.4
|
%
|
|
|
4.6
|
%
|
|
|
5.4
|
%
|
Assigned risk plans
|
|
|
9.5
|
%
|
|
|
3.7
|
%
|
|
|
5.8
|
%
|
|
|
8.0
|
%
|
|
|
9.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
11
The following table sets forth service fees for insurance
services business conducted by BRAC and Key Risk Management
Services, Inc. (amounts in thousands):
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
Insurance service fees
|
|
$
|
79,173
|
|
|
$
|
87,032
|
|
|
$
|
99,090
|
|
|
$
|
97,292
|
|
|
$
|
104,812
|
|
REINSURANCE
Our reinsurance operations consist of five operating units,
which specialize in underwriting property casualty reinsurance
on both a treaty and a facultative basis on behalf of Berkley
Insurance Company. Treaty reinsurance is the reinsurance of all
or a specified portion or category of risks underwritten by the
ceding company during the term of the agreement. Facultative
reinsurance is the reinsurance of individual risks whereby a
reinsurer generally has the opportunity to analyze and
separately underwrite a risk prior to agreeing to be bound.
Signet Star Re, LLC (Signet Star) focuses on
underwriting specialty lines of business, including professional
liability, umbrella, workers compensation, commercial
automobile and trucking. Signet Star emphasizes casualty excess
of loss treaties and seeks significant participations in order
to have greater influence over the terms and conditions of
coverage. Our treaty business is produced through reinsurance
brokers or intermediaries.
Lloyds Reinsurance (Lloyds
Reinsurance) represents the Companys minority
participation in a Lloyds syndicate that writes a broad
range of mainly short-tail classes of business.
Facultative ReSources, Inc. (Fac Re)
specializes in underwriting individual certificate and program
facultative business developed through reinsurance brokers or
intermediaries. Its experienced underwriters seek to offset the
underwriting and pricing cycles in the underlying insurance
business by working closely with ceding company clients to
develop appropriate underwriting criteria and through superior
risk selection.
B F Re Underwriters, LLC (BF Re) is a
facultative casualty reinsurance underwriting manager that
serves clients through a nationwide network of regional offices.
Its business is written directly with ceding companies. BF
Res primary lines of business are professional liability,
excess and surplus, umbrella and medical malpractice.
Berkley Risk Solutions, Inc. (Berkley Risk
Solutions) underwrites insurance and reinsurance-based
financial coverages for insurance companies and self-insured
entities.
The following table sets forth the percentages of gross premiums
written by each reinsurance unit:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
Signet Star
|
|
|
65.4
|
%
|
|
|
58.9
|
%
|
|
|
52.2
|
%
|
|
|
39.6
|
%
|
|
|
36.1
|
%
|
Lloyds Reinsurance
|
|
|
15.9
|
%
|
|
|
18.8
|
%
|
|
|
14.7
|
%
|
|
|
22.6
|
%
|
|
|
18.7
|
%
|
Fac Re
|
|
|
14.2
|
%
|
|
|
19.4
|
%
|
|
|
22.1
|
%
|
|
|
21.2
|
%
|
|
|
18.9
|
%
|
BF Re
|
|
|
9.6
|
%
|
|
|
9.4
|
%
|
|
|
12.2
|
%
|
|
|
11.2
|
%
|
|
|
9.6
|
%
|
Berkley Risk Solutions(1)
|
|
|
(5.1
|
)%
|
|
|
(6.5
|
)%
|
|
|
(1.2
|
)%
|
|
|
4.6
|
%
|
|
|
16.6
|
%
|
Hong Kong(2)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.8
|
%
|
|
|
0.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Berkley Risk Solutions reported return premiums on experience
rated contracts in 2008, 2009 and 2010. |
|
(2) |
|
Hong Kong has been included in Berkley Re Australias
reported results in the international segment effective
January 1, 2008. |
12
The following table sets forth the percentages of gross premiums
written, by property versus casualty business, by our
reinsurance operations:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
Casualty
|
|
|
67.8
|
%
|
|
|
70.2
|
%
|
|
|
82.8
|
%
|
|
|
76.2
|
%
|
|
|
83.2
|
%
|
Property
|
|
|
32.2
|
%
|
|
|
29.8
|
%
|
|
|
17.2
|
%
|
|
|
23.8
|
%
|
|
|
16.8
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
INTERNATIONAL
Our international segment has operations in the United Kingdom,
Continental Europe, South America, Australia, Southeast Asia,
and Canada. We apply the same long-term strategies that that we
use in our domestic operations decentralized
structures with products and services tailored to the local
environments.
Berkley International Latinoamérica S.A.
(BILSA) provides commercial and personal property
casualty insurance primarily in Argentina, Brazil and Uruguay.
W. R. Berkley Insurance (Europe),
Limited (Berkley Europe) is a London-based
specialty casualty insurer that writes professional indemnity,
directors and officers liability, medical
malpractice, general liability, construction risks, marine and
personal accident and travel business principally in the United
Kingdom and through its branch offices in Spain, Ireland,
Norway, Germany and Australia.
Berkley Re Australia (Australia), which began
operations in 2007, provides property and casualty reinsurance
on a treaty and facultative basis in Australia and Southeast
Asia through its divisions in Hong Kong and Singapore.
W. R. Berkley Syndicate Limited
(Syndicate 1967), which began operations in
2009, underwrites property and personal accident classes of
business through Lloyds of London on a worldwide basis.
Berkley Underwriting Managers Canada, Ltd. (Berkley
Canada), which began operations in 2008, underwrites
specialty casualty commercial insurance products, including
general liability, products liability and other commercial lines
in the Canadian provinces.
The following table sets forth the percentages of gross premiums
written for our international operations:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
BILSA
|
|
|
36.9
|
%
|
|
|
41.0
|
%
|
|
|
51.8
|
%
|
|
|
46.8
|
%
|
|
|
42.5
|
%
|
Berkley Europe
|
|
|
30.4
|
%
|
|
|
33.2
|
%
|
|
|
40.1
|
%
|
|
|
52.6
|
%
|
|
|
53.1
|
%
|
Australia
|
|
|
15.6
|
%
|
|
|
17.8
|
%
|
|
|
8.1
|
%
|
|
|
|
|
|
|
|
|
Syndicate 1967
|
|
|
13.8
|
%
|
|
|
5.9
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
Berkley Canada
|
|
|
3.3
|
%
|
|
|
2.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
Philippines(1)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.6
|
%
|
|
|
4.4
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
The Philippines operation was sold in March 2007. |
13
Results
by Industry Segment
Summary financial information about our operating segments is
presented on a U.S. GAAP basis in the following table:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
|
(Amounts in thousands)
|
|
Specialty
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
1,471,566
|
|
|
$
|
1,483,266
|
|
|
$
|
1,810,813
|
|
|
$
|
2,006,027
|
|
|
$
|
1,952,928
|
|
Income before income taxes
|
|
$
|
296,645
|
|
|
$
|
220,906
|
|
|
$
|
375,429
|
|
|
$
|
516,931
|
|
|
$
|
479,105
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Regional
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
1,152,447
|
|
|
$
|
1,177,126
|
|
|
$
|
1,317,796
|
|
|
$
|
1,347,800
|
|
|
$
|
1,289,869
|
|
Income before income taxes
|
|
$
|
117,353
|
|
|
$
|
106,078
|
|
|
$
|
108,719
|
|
|
$
|
215,228
|
|
|
$
|
201,417
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Alternative Markets
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
810,673
|
|
|
$
|
768,683
|
|
|
$
|
831,622
|
|
|
$
|
874,899
|
|
|
$
|
878,531
|
|
Income before income taxes
|
|
$
|
178,607
|
|
|
$
|
162,875
|
|
|
$
|
201,879
|
|
|
$
|
248,080
|
|
|
$
|
291,416
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reinsurance
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
522,435
|
|
|
$
|
487,016
|
|
|
$
|
635,763
|
|
|
$
|
893,855
|
|
|
$
|
993,120
|
|
Income before income taxes
|
|
$
|
129,922
|
|
|
$
|
86,358
|
|
|
$
|
117,946
|
|
|
$
|
178,302
|
|
|
$
|
135,424
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
International
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
485,534
|
|
|
$
|
351,947
|
|
|
$
|
322,016
|
|
|
$
|
284,558
|
|
|
$
|
248,894
|
|
Income before income taxes
|
|
$
|
21,174
|
|
|
$
|
22,719
|
|
|
$
|
52,943
|
|
|
$
|
44,457
|
|
|
$
|
34,447
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other(1)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
281,414
|
|
|
$
|
163,140
|
|
|
$
|
(209,202
|
)
|
|
$
|
181,258
|
|
|
$
|
31,489
|
|
Loss before income taxes
|
|
$
|
(140,396
|
)
|
|
$
|
(216,706
|
)
|
|
$
|
(530,594
|
)
|
|
$
|
(110,606
|
)
|
|
$
|
(153,164
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Revenue
|
|
$
|
4,724,069
|
|
|
$
|
4,431,178
|
|
|
$
|
4,708,808
|
|
|
$
|
5,588,397
|
|
|
$
|
5,394,831
|
|
Income before income taxes
|
|
$
|
603,305
|
|
|
$
|
382,230
|
|
|
$
|
326,322
|
|
|
$
|
1,092,392
|
|
|
$
|
988,645
|
|
|
|
|
(1) |
|
Represents corporate revenues, corporate expenses, net
investment gains and losses, and revenues and expenses from
investments in wholly-owned, non-insurance subsidiaries that are
consolidated for financial reporting purposes. |
14
The table below represents summary underwriting ratios on a GAAP
basis for our insurance segments. The combined ratio represents
a measure of underwriting profitability, excluding investment
income. A number in excess of 100 indicates an underwriting
loss; a number below 100 indicates an underwriting profit:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
Specialty
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
58.3
|
%
|
|
|
61.9
|
%
|
|
|
60.1
|
%
|
|
|
57.3
|
%
|
|
|
59.1
|
%
|
Expense ratio
|
|
|
32.7
|
%
|
|
|
31.1
|
%
|
|
|
28.4
|
%
|
|
|
26.7
|
%
|
|
|
25.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
91.0
|
%
|
|
|
93.0
|
%
|
|
|
88.5
|
%
|
|
|
84.0
|
%
|
|
|
84.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Regional
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
60.7
|
%
|
|
|
61.4
|
%
|
|
|
65.4
|
%
|
|
|
59.1
|
%
|
|
|
59.7
|
%
|
Expense ratio
|
|
|
35.9
|
%
|
|
|
34.2
|
%
|
|
|
32.3
|
%
|
|
|
31.4
|
%
|
|
|
30.6
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
96.6
|
%
|
|
|
95.6
|
%
|
|
|
97.7
|
%
|
|
|
90.5
|
%
|
|
|
90.3
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Alternative Markets
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
67.6
|
%
|
|
|
63.4
|
%
|
|
|
62.7
|
%
|
|
|
59.2
|
%
|
|
|
53.5
|
%
|
Expense ratio
|
|
|
25.6
|
%
|
|
|
25.8
|
%
|
|
|
24.2
|
%
|
|
|
23.1
|
%
|
|
|
22.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
93.2
|
%
|
|
|
89.2
|
%
|
|
|
86.9
|
%
|
|
|
82.3
|
%
|
|
|
75.6
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reinsurance
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
52.5
|
%
|
|
|
57.9
|
%
|
|
|
64.7
|
%
|
|
|
65.3
|
%
|
|
|
72.0
|
%
|
Expense ratio
|
|
|
41.0
|
%
|
|
|
39.1
|
%
|
|
|
34.7
|
%
|
|
|
31.3
|
%
|
|
|
27.8
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
93.5
|
%
|
|
|
97.0
|
%
|
|
|
99.4
|
%
|
|
|
96.6
|
%
|
|
|
99.8
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
International
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
61.8
|
%
|
|
|
59.9
|
%
|
|
|
61.7
|
%
|
|
|
62.6
|
%
|
|
|
64.2
|
%
|
Expense ratio
|
|
|
40.4
|
%
|
|
|
40.2
|
%
|
|
|
38.9
|
%
|
|
|
32.4
|
%
|
|
|
32.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
102.2
|
%
|
|
|
100.1
|
%
|
|
|
100.6
|
%
|
|
|
95.0
|
%
|
|
|
96.2
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss ratio
|
|
|
60.2
|
%
|
|
|
61.4
|
%
|
|
|
62.7
|
%
|
|
|
59.6
|
%
|
|
|
61.0
|
%
|
Expense ratio
|
|
|
34.3
|
%
|
|
|
32.8
|
%
|
|
|
30.4
|
%
|
|
|
28.5
|
%
|
|
|
27.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Combined ratio
|
|
|
94.5
|
%
|
|
|
94.2
|
%
|
|
|
93.1
|
%
|
|
|
88.1
|
%
|
|
|
88.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
15
Investments
Investment results, before income taxes, were as follows:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
|
(Dollars in thousands)
|
|
|
Average investments, at cost(1)
|
|
$
|
12,933,454
|
|
|
$
|
12,510,160
|
|
|
$
|
12,429,269
|
|
|
$
|
12,146,241
|
|
|
$
|
10,729,483
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net investment income(1)
|
|
$
|
538,698
|
|
|
$
|
552,561
|
|
|
$
|
537,033
|
|
|
$
|
634,386
|
|
|
$
|
549,030
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Percent earned on average investments(1)
|
|
|
4.2
|
%
|
|
|
4.4
|
%
|
|
|
4.3
|
%
|
|
|
5.2
|
%
|
|
|
5.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net investment gains (losses)(2)
|
|
$
|
56,581
|
|
|
$
|
(38,408
|
)
|
|
$
|
(356,931
|
)
|
|
$
|
49,696
|
|
|
$
|
9,648
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Change in unrealized investment gains (losses)(3)
|
|
$
|
176,588
|
|
|
$
|
557,444
|
|
|
$
|
(302,211
|
)
|
|
$
|
(94,957
|
)
|
|
$
|
113,539
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) |
|
Includes investments, cash and cash equivalents, trading
accounts receivable from brokers and clearing organizations,
trading account securities sold but not yet purchased and
unsettled purchases. |
|
(2) |
|
Represents realized gains and losses on investments not
classified as trading account securities. |
|
(3) |
|
Represents the change in unrealized investment gains (losses)
for available for sale securities. |
For comparison, the following are the coupon returns for
selected bond indices and the dividend returns for the S&P
500®
Index:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
Barclays U.S. Aggregate Bond Index(a)
|
|
|
4.2
|
%
|
|
|
4.9
|
%
|
|
|
5.4
|
%
|
|
|
5.5
|
%
|
|
|
5.3
|
%
|
Barclays Municipal Bond Index(a)
|
|
|
4.8
|
%
|
|
|
5.3
|
%
|
|
|
4.6
|
%
|
|
|
4.7
|
%
|
|
|
4.8
|
%
|
S&P
500®
Index
|
|
|
2.3
|
%
|
|
|
3.0
|
%
|
|
|
1.5
|
%
|
|
|
2.0
|
%
|
|
|
2.2
|
%
|
|
|
|
(a) |
|
Formerly Lehman Brothers index. |
The percentages of the fixed maturity portfolio categorized by
contractual maturity, based on fair value, on the dates
indicated, are set forth below. Actual maturities may differ
from contractual maturities because certain issuers may have the
right to call or prepay certain obligations.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
2007
|
|
|
2006
|
|
|
1 year or less
|
|
|
6.7
|
%
|
|
|
5.3
|
%
|
|
|
3.2
|
%
|
|
|
7.4
|
%
|
|
|
11.2
|
%
|
Over 1 year through 5 years
|
|
|
27.3
|
%
|
|
|
27.2
|
%
|
|
|
22.9
|
%
|
|
|
19.4
|
%
|
|
|
17.5
|
%
|
Over 5 years through 10 years
|
|
|
25.9
|
%
|
|
|
27.2
|
%
|
|
|
29.9
|
%
|
|
|
30.2
|
%
|
|
|
26.3
|
%
|
Over 10 years
|
|
|
27.1
|
%
|
|
|
26.0
|
%
|
|
|
26.6
|
%
|
|
|
25.1
|
%
|
|
|
22.8
|
%
|
Mortgage-backed securities
|
|
|
13.0
|
%
|
|
|
14.3
|
%
|
|
|
17.4
|
%
|
|
|
17.9
|
%
|
|
|
22.2
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
100.0
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Loss
and Loss Adjustment Expense Reserves
To recognize liabilities for unpaid losses, either known or
unknown, insurers establish reserves, which is a balance sheet
account representing estimates of future amounts needed to pay
claims and related expenses with respect to insured events which
have occurred. Estimates and assumptions relating to reserves
for losses and loss expenses are based on complex and subjective
judgments, often including the interplay of specific
uncertainties with related accounting and actuarial
measurements. Such estimates are also susceptible to change as
significant
16
periods of time may elapse between the occurrence of an insured
loss, the report of the loss to the insurer, the ultimate
determination of the cost of the loss and the insurers
payment of that loss.
In general, when a claim is reported, claims personnel establish
a case reserve for the estimated amount of the
ultimate payment. The estimate represents an informed judgment
based on general reserving practices and reflects the experience
and knowledge of the claims personnel regarding the nature and
value of the specific type of claim. Reserves are also
established on an aggregate basis to provide for losses incurred
but not reported (IBNR) to the insurer, potential
inadequacy of case reserves and the estimated expenses of
settling claims, including legal and other fees and general
expenses of administrating the claims adjustment process.
Reserves are established based upon the then current legal
interpretation of coverage provided.
In examining reserve adequacy, several factors are considered in
addition to the economic value of losses. These factors include
historical data, legal developments, changes in social attitudes
and economic conditions, including the effects of inflation. The
actuarial process relies on the basic assumption that past
experience, adjusted judgmentally for the effects of current
developments and anticipated trends, is an appropriate basis for
predicting future outcomes. Reserve amounts are necessarily
based on managements informed estimates and judgments
using currently available data. As additional experience and
other data become available and are reviewed, these estimates
and judgments may be revised. This may result in reserve
increases or decreases that would be reflected in our results in
periods in which such estimates and assumptions are changed.
The risk and complexity of estimating loss reserves are greater
when economic conditions are uncertain. It is especially
difficult to estimate the impact of inflation on loss reserves
given the current economic environment and related government
actions. Whereas a slowing economy would generally lead to lower
inflation or even deflation, increased government spending would
generally lead to higher inflation. A change in our assumptions
regarding inflation would result in reserve increases or
decreases that would be reflected in our earnings in periods in
which such assumptions are changed.
Reserves do not represent an exact calculation of liability.
Rather, reserves represent an estimate of what management
expects the ultimate settlement and claim administration will
cost. While the methods for establishing the reserves are well
tested over time, some of the major assumptions about
anticipated loss emergence patterns are subject to unanticipated
fluctuation. These estimates, which generally involve actuarial
projections, are based on managements assessment of facts
and circumstances then known, as well as estimates of future
trends in claims severity and frequency, judicial theories of
liability and other factors, including the actions of third
parties, which are beyond the Companys control. These
variables are affected by external and internal events, such as
inflation and economic volatility, judicial and litigation
trends, reinsurance coverage, legislative changes and claim
handling and reserving practices, which make it more difficult
to accurately predict claim costs. The inherent uncertainties of
estimating reserves are greater for certain types of liabilities
where long periods of time elapse before a definitive
determination of liability is made. Although the loss reserves
included in the Companys financial statements represent
managements best estimates, setting reserves is inherently
uncertain and the Company cannot provide assurance that its
current reserves will prove adequate in light of subsequent
events.
We discount our liabilities for excess workers
compensation business and the workers compensation portion
of our reinsurance business because of the long period of time
over which losses are paid. Discounting is intended to
appropriately match losses and loss expenses to income earned on
investment securities supporting the liabilities. The expected
losses and loss expense payout pattern subject to discounting
was derived from the Companys loss payout experience. For
non-proportional business, reserves for losses and loss expenses
have been discounted using risk-free discount rates determined
by reference to the U.S. Treasury yield curve. These
discount rates range from 2.5% to 6.5% with a weighted average
discount rate of 4.4%. For proportional business, reserves for
losses and loss expenses have been discounted at the statutory
rate permitted by the Department of Insurance of the State of
Delaware of 2.5%. The aggregate net discount, after reflecting
the effects of ceded reinsurance, is $898,193,000, $877,305,000
and $846,748,000 at December 31, 2010, 2009 and 2008,
respectively. The increase in the aggregate discount from 2009
to 2010 and from 2008 to 2009 resulted from the increase in
workers compensation gross reserves.
To date, known asbestos and environmental claims at our
insurance company subsidiaries have not had a material impact on
our operations. These claims have not materially impacted us
because these subsidiaries
17
generally did not insure the larger industrial companies which
are subject to significant asbestos or environmental exposures.
Our net reserves for losses and loss adjustment expenses
relating to asbestos and environmental claims were $35,543,000
and $36,525,000 at December 31, 2010 and 2009,
respectively. The Companys gross reserves for losses and
loss adjustment expenses relating to asbestos and environmental
claims were $51,214,000 and $53,986,000 at December 31,
2010 and 2009, respectively. Net incurred losses and loss
expenses for reported asbestos and environmental claims
increased (decreased) by approximately $1,755,000, $(614,000)
and $440,000 in 2010, 2009 and 2008, respectively. Net paid
losses and loss expenses for reported asbestos and environmental
claims were approximately $2,737,000, $2,508,000 and $2,384,000
in 2010, 2009 and 2008, respectively. The estimation of these
liabilities is subject to significantly greater than normal
variation and uncertainty because it is difficult to make a
reasonable actuarial estimate of these liabilities due to the
absence of a generally accepted actuarial methodology for these
exposures and the potential effect of significant unresolved
legal matters, including coverage issues as well as the cost of
litigating the legal issues. Additionally, the determination of
ultimate damages and the final allocation of such damages to
financially responsible parties are highly uncertain.
The table below provides a reconciliation of the beginning of
year and end of year property casualty reserves for the
indicated years (amounts in thousands):
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
Net reserves at beginning of year
|
|
$
|
8,147,782
|
|
|
$
|
8,122,586
|
|
|
$
|
7,822,897
|
|
Net provision for losses and loss expenses(a):
|
|
|
|
|
|
|
|
|
|
|
|
|
Claims occurring during the current year(b)
|
|
|
2,509,933
|
|
|
|
2,518,849
|
|
|
|
2,829,830
|
|
Decrease in estimates for claims occurring in prior years(c)(d)
|
|
|
(253,248
|
)
|
|
|
(234,008
|
)
|
|
|
(195,710
|
)
|
Decrease in discount for prior years
|
|
|
53,182
|
|
|
|
51,866
|
|
|
|
54,494
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
2,309,867
|
|
|
|
2,336,707
|
|
|
|
2,688,614
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net payments for claims:
|
|
|
|
|
|
|
|
|
|
|
|
|
Current year
|
|
|
641,570
|
|
|
|
582,605
|
|
|
|
640,406
|
|
Prior years
|
|
|
1,811,507
|
|
|
|
1,751,026
|
|
|
|
1,662,650
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
2,453,077
|
|
|
|
2,333,631
|
|
|
|
2,303,056
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Foreign currency translation
|
|
|
(5,051
|
)
|
|
|
22,120
|
|
|
|
(85,869
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net reserves at end of year
|
|
|
7,999,521
|
|
|
|
8,147,782
|
|
|
|
8,122,586
|
|
Ceded reserves at end of year
|
|
|
1,017,028
|
|
|
|
923,889
|
|
|
|
877,010
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross reserves at end of year
|
|
$
|
9,016,549
|
|
|
$
|
9,071,671
|
|
|
$
|
8,999,596
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
|
The net provision for loss and loss expenses does not include
policyholder benefits incurred on life insurance of $47,000 in
2008. |
|
(b) |
|
Claims occurring during the current year are net of discounts of
$67,763,000, $80,455,000 and $97,698,000 in 2010, 2009 and 2008,
respectively. |
|
(c) |
|
The decrease in estimates for claims occurring in prior years is
net of discounts. On an undiscounted basis, the estimates for
claims occurring in prior years decreased by $246,941,000 in
2010, $232,040,000 in 2009, and $180,154,000 in 2008. |
|
(d) |
|
Approximately $19 million and $44 million of the
favorable reserve development in 2010 and 2009, respectively,
was fully offset by a reduction in earned premiums. The
favorable reserve development, net of premium offsets, was
$234 million in 2010 and $190 million in 2009. |
Also, see Item 7, Managements Discussion and
Analysis of Financial Condition and Results of Operations
for further information regarding the decrease in estimates for
claims occurring in prior years.
18
A reconciliation between the reserves as of December 31,
2010 as reported in the accompanying consolidated GAAP financial
statements and those reported on the basis of statutory
accounting principles (SAP) in the Companys
U.S. regulatory filings is as follows (amounts in
thousands):
|
|
|
|
|
Net reserves reported in U.S. regulatory filings on a SAP basis
|
|
$
|
7,893,933
|
|
Reserves for
non-U.S.
companies
|
|
|
371,165
|
|
Loss reserve discounting(1)
|
|
|
(264,334
|
)
|
Ceded reserves
|
|
|
1,017,028
|
|
Other
|
|
|
(1,243
|
)
|
|
|
|
|
|
Gross reserves reported in the consolidated U.S. GAAP financial
statements
|
|
$
|
9,016,549
|
|
|
|
|
|
|
|
|
|
(1) |
|
For statutory purposes, the Company discounts its workers
compensation reinsurance reserves at 2.5% as permitted by the
Department of Insurance of the State of Delaware. In its GAAP
financial statements, the Company discounts excess workers
compensation reserves at the risk-free rate and assumed
workers compensation reserves at the statutory rate. |
The following table presents the development of net reserves for
2000 through 2010. The top line of the table shows the estimated
reserves for unpaid losses and loss expenses recorded at the
balance sheet date for each of the indicated years. This
represents the estimated amount of losses and loss expenses for
claims arising in all prior years that are unpaid at the balance
sheet date, including losses that had been incurred but not
reported to us. The upper portion of the table shows the
re-estimated amount of the previously recorded reserves based on
experience as of the end of each succeeding year. The estimate
changes as more information becomes known about the frequency
and severity of claims for individual years.
The cumulative redundancy (deficiency) represents
the aggregate change in the estimates over all prior years. For
example, the 2000 reserves have developed a $1,120 million
deficiency over ten years. That amount has been reflected in
income over the ten years. The impact on the results of
operations of the past three years of changes in reserve
estimates is shown in the reconciliation tables above. It should
be noted that the table presents a run off of
balance sheet reserves, rather than accident or policy year loss
development. Therefore, each amount in the table includes the
effects of changes in reserves for all prior years. For example,
assume a claim that occurred in 2000 is reserved for $2,000 as
of December 31, 2000. Assuming this claim estimate was
changed in 2010 to $2,300, and was settled for $2,300 in 2010,
the $300 deficiency would appear as a deficiency in each year
from 2000 through 2010.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
2000
|
|
|
2001
|
|
|
2002
|
|
|
2003
|
|
|
2004
|
|
|
2005
|
|
|
2006
|
|
|
2007
|
|
|
2008
|
|
|
2009
|
|
|
2010
|
|
|
|
(Amounts in millions)
|
|
|
Net reserves, discounted
|
|
$
|
1,818
|
|
|
$
|
2,033
|
|
|
$
|
2,323
|
|
|
3,505$
|
|
|
|
$
|
4,723
|
|
|
$
|
5,867
|
|
|
$
|
6,948
|
|
|
$
|
7,823
|
|
|
$
|
8,123
|
|
|
$
|
8,148
|
|
|
$
|
8,000
|
|
Reserve discount
|
|
|
223
|
|
|
|
243
|
|
|
|
293
|
|
|
|
393
|
|
|
|
503
|
|
|
|
575
|
|
|
|
700
|
|
|
|
788
|
|
|
|
846
|
|
|
|
877
|
|
|
|
898
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net reserves, undiscounted
|
|
$
|
2,041
|
|
|
$
|
2,276
|
|
|
$
|
2,616
|
|
|
$
|
3,898
|
|
|
$
|
5,226
|
|
|
$
|
6,442
|
|
|
$
|
7,648
|
|
|
$
|
8,611
|
|
|
$
|
8,969
|
|
|
$
|
9,025
|
|
|
$
|
8,898
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net reserves re-estimated as of:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
One year later
|
|
$
|
2,252
|
|
|
$
|
2,450
|
|
|
$
|
2,889
|
|
|
$
|
4,220
|
|
|
$
|
5,440
|
|
|
$
|
6,499
|
|
|
$
|
7,560
|
|
|
$
|
8,431
|
|
|
$
|
8,737
|
|
|
$
|
8,778
|
|
|
|
|
|
Two years later
|
|
|
2,397
|
|
|
|
2,671
|
|
|
|
3,242
|
|
|
|
4,552
|
|
|
|
5,588
|
|
|
|
6,578
|
|
|
|
7,494
|
|
|
|
8,239
|
|
|
|
8,560
|
|
|
|
|
|
|
|
|
|
Three years later
|
|
|
2,520
|
|
|
|
2,932
|
|
|
|
3,611
|
|
|
|
4,720
|
|
|
|
5,763
|
|
|
|
6,592
|
|
|
|
7,363
|
|
|
|
8,192
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Four years later
|
|
|
2,634
|
|
|
|
3,233
|
|
|
|
3,769
|
|
|
|
4,949
|
|
|
|
5,816
|
|
|
|
6,556
|
|
|
|
7,370
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Five years later
|
|
|
2,841
|
|
|
|
3,339
|
|
|
|
3,982
|
|
|
|
5,041
|
|
|
|
5,834
|
|
|
|
6,636
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Six years later
|
|
|
2,889
|
|
|
|
3,534
|
|
|
|
4,069
|
|
|
|
5,082
|
|
|
|
5,929
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Seven years later
|
|
|
3,033
|
|
|
|
3,599
|
|
|
|
4,112
|
|
|
|
5,176
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Eight years later
|
|
|
3,110
|
|
|
|
3,624
|
|
|
|
4,187
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Nine years later
|
|
|
3,123
|
|
|
|
3,674
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ten years later
|
|
|
3,161
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cumulative redundancy (deficiency), undiscounted
|
|
$
|
(1,120
|
)
|
|
$
|
(1,398
|
)
|
|
$
|
(1,571
|
)
|
|
$
|
(1,278
|
)
|
|
$
|
(703
|
)
|
|
$
|
(194
|
)
|
|
$
|
278
|
|
|
|
419
|
|
|
$
|
409$
|
|
|
$
|
247
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
19
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
2000
|
|
|
2001
|
|
|
2002
|
|
|
2003
|
|
|
2004
|
|
|
2005
|
|
|
2006
|
|
|
2007
|
|
|
2008
|
|
|
2009
|
|
|
2010
|
|
|
|
(Amounts in millions)
|
|
|
Cumulative amount of net liability paid through:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
One year later
|
|
$
|
702
|
|
|
$
|
794
|
|
|
$
|
599
|
|
|
$
|
930
|
|
|
$
|
1,174
|
|
|
$
|
1,341
|
|
|
$
|
1,437
|
|
|
$
|
1,663
|
|
|
$
|
1,751
|
|
|
$
|
1,812
|
|
|
|
|
|
Two years later
|
|
|
1,255
|
|
|
|
1,191
|
|
|
|
1,216
|
|
|
|
1,750
|
|
|
|
2,106
|
|
|
|
2,363
|
|
|
|
2,636
|
|
|
|
2,935
|
|
|
|
3,106
|
|
|
|
|
|
|
|
|
|
Three years later
|
|
|
1,501
|
|
|
|
1,594
|
|
|
|
1,792
|
|
|
|
2,389
|
|
|
|
2,836
|
|
|
|
3,219
|
|
|
|
3,558
|
|
|
|
3,956
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Four years later
|
|
|
1,722
|
|
|
|
1,971
|
|
|
|
2,223
|
|
|
|
2,901
|
|
|
|
3,384
|
|
|
|
3,856
|
|
|
|
4,279
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Five years later
|
|
|
1,964
|
|
|
|
2,245
|
|
|
|
2,552
|
|
|
|
3,274
|
|
|
|
3,813
|
|
|
|
4,327
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Six years later
|
|
|
2,138
|
|
|
|
2,467
|
|
|
|
2,814
|
|
|
|
3,582
|
|
|
|
4,131
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Seven years later
|
|
|
2,276
|
|
|
|
2,642
|
|
|
|
3,035
|
|
|
|
3,804
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Eight years later
|
|
|
2,401
|
|
|
|
2,808
|
|
|
|
3,189
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Nine years later
|
|
|
2,517
|
|
|
|
2,922
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ten years later
|
|
|
2,592
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table presents the development of gross reserves
for 2000 through 2010.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
2000
|
|
|
2001
|
|
|
2002
|
|
|
2003
|
|
|
2004
|
|
|
2005
|
|
|
2006
|
|
|
2007
|
|
|
2008
|
|
|
2009
|
|
|
2010
|
|
|
|
(Amounts in millions)
|
|
|
Net reserves, discounted
|
|
$
|
1,818
|
|
|
$
|
2,033
|
|
|
$
|
2,323
|
|
|
$
|
3,505
|
|
|
$
|
4,723
|
|
|
$
|
5,867
|
|
|
$
|
6,947
|
|
|
$
|
7,823
|
|
|
$
|
8,123
|
|
|
$
|
8,148
|
|
|
$
|
8,000
|
|
Ceded reserves
|
|
|
658
|
|
|
|
731
|
|
|
|
845
|
|
|
|
687
|
|
|
|
727
|
|
|
|
845
|
|
|
|
837
|
|
|
|
855
|
|
|
|
877
|
|
|
|
924
|
|
|
|
1,017
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross reserves, discounted
|
|
|
2,476
|
|
|
|
2,764
|
|
|
|
3,168
|
|
|
|
4,192
|
|
|
|
5,450
|
|
|
|
6,712
|
|
|
|
7,784
|
|
|
|
8,678
|
|
|
|
9,000
|
|
|
|
9,072
|
|
|
|
9,017
|
|
Reserve discount
|
|
|
286
|
|
|
|
324
|
|
|
|
384
|
|
|
|
462
|
|
|
|
573
|
|
|
|
654
|
|
|
|
761
|
|
|
|
867
|
|
|
|
944
|
|
|
|
944
|
|
|
|
968
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross reserves, undiscounted
|
|
$
|
2,762
|
|
|
$
|
3,088
|
|
|
$
|
3,552
|
|
|
$
|
4,654
|
|
|
$
|
6,023
|
|
|
$
|
7,366
|
|
|
$
|
8,545
|
|
|
$
|
9,545
|
|
|
$
|
9,944
|
|
|
$
|
10,016
|
|
|
$
|
9,985
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross reserves re-estimated as of:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
One year later
|
|
$
|
2,827
|
|
|
$
|
3,153
|
|
|
$
|
3,957
|
|
|
$
|
5,030
|
|
|
$
|
6,241
|
|
|
$
|
7,406
|
|
|
$
|
8,509
|
|
|
$
|
9,396
|
|
|
$
|
9,696
|
|
|
$
|
9,810
|
|
|
|
|
|
Two years later
|
|
|
2,730
|
|
|
|
3,461
|
|
|
|
4,353
|
|
|
|
5,380
|
|
|
|
6,382
|
|
|
|
7,529
|
|
|
|
8,454
|
|
|
|
9,178
|
|
|
|
9,566
|
|
|
|
|
|
|
|
|
|
Three years later
|
|
|
2,900
|
|
|
|
3,777
|
|
|
|
4,744
|
|
|
|
5,546
|
|
|
|
6,600
|
|
|
|
7,561
|
|
|
|
8,300
|
|
|
|
9,163
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Four years later
|
|
|
3,054
|
|
|
|
4,103
|
|
|
|
4,885
|
|
|
|
5,807
|
|
|
|
6,670
|
|
|
|
7,508
|
|
|
|
8,335
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Five years later
|
|
|
3,267
|
|
|
|
4,192
|
|
|
|
5,132
|
|
|
|
5,915
|
|
|
|
6,680
|
|
|
|
7,617
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Six years later
|
|
|
3,296
|
|
|
|
4,428
|
|
|
|
5,226
|
|
|
|
5,956
|
|
|
|
6,804
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Seven years later
|
|
|
3,476
|
|
|
|
4,500
|
|
|
|
5,275
|
|
|
|
6,083
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Eight years later
|
|
|
3,555
|
|
|
|
4,538
|
|
|
|
5,383
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Nine years later
|
|
|
3,586
|
|
|
|
4,617
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ten Years later
|
|
|
3,627
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross cumulative redundancy (deficiency)
|
|
$
|
(865
|
)
|
|
$
|
(1,529
|
)
|
|
$
|
(1,831
|
)
|
|
$
|
(1,429
|
)
|
|
$
|
(781
|
)
|
|
$
|
(251
|
)
|
|
$
|
210
|
|
|
$
|
382
|
|
|
$
|
378
|
|
|
$
|
206
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reinsurance
We follow a common industry practice of reinsuring a portion of
our exposures and paying to reinsurers a part of the premiums
received on the policies that we write. Reinsurance is purchased
principally to reduce net liability on individual risks and to
protect against catastrophic losses. Although reinsurance does
not legally discharge an insurer from its primary liability for
the full amount of the policies, it does make the assuming
reinsurer contractually liable to the insurer to the extent of
the reinsurance coverage. We monitor the financial condition of
our reinsurers and attempt to place our coverages only with
substantial, financially sound carriers. As a result, generally
the reinsurers who reinsure our casualty insurance must have an
A.M. Best rating of A (Excellent) or better
with at least $500 million in policyholder surplus and the
reinsurers who cover our property insurance must have an
A.M. Best rating of A-(Excellent) or better
with at least $250 million in policyholder surplus.
20
Regulation
U.S.
Regulation
Our insurance subsidiaries are subject to varying degrees of
regulation and supervision in the jurisdictions in which they do
business, and the Company believes that it is in compliance in
all material respects with such regulations. Our insurance
subsidiaries are subject to statutes which delegate regulatory,
supervisory and administrative powers to state insurance
commissioners. This regulation relates to such matters as the
standards of solvency which must be met and maintained; the
licensing of insurers and their agents; the nature of and
limitations on investments; deposits of securities for the
benefit of policyholders; approval of certain policy forms and
premium rates; periodic examination of the affairs of insurance
companies; annual and other reports required to be filed on the
financial condition of insurers or for other purposes;
establishment and maintenance of reserves for unearned premiums
and losses; and requirements regarding numerous other matters.
Our property casualty subsidiaries, other than excess and
surplus and reinsurance subsidiaries, must generally file all
rates with the insurance department of each state in which they
operate. Our excess and surplus and reinsurance subsidiaries
generally operate free of rate and form regulation.
In addition to regulatory supervision of our insurance
subsidiaries, we are subject to state statutes governing
insurance holding company systems. Typically, such statutes
require that we periodically file information with the
appropriate state insurance commissioner, including information
concerning our capital structure, ownership, financial condition
and general business operations. Under the terms of applicable
state statutes, any person or entity desiring to purchase more
than a specified percentage (commonly 10%) of our outstanding
voting securities would be required to obtain prior regulatory
approval of the purchase. Under Alabama law, which is applicable
to us due to our ownership of American Mining Insurance Company,
Inc., an Alabama domiciled insurance company, the acquisition of
more than 5% of our capital stock is subject to prior regulatory
approval. Further, state insurance statutes typically place
limitations on the amount of dividends or other distributions
payable by insurance companies in order to protect their
solvency. See Managements Discussion and Analysis of
Financial Condition and Results of Operations-Liquidity and
Capital Resources.
The National Association of Insurance Commissioners
(NAIC) utilizes a Risk Based Capital
(RBC) formula that is designed to measure the
adequacy of an insurers statutory surplus in relation to
the risks inherent in its business. The RBC formula develops a
risk adjusted target level of adjusted statutory capital by
applying certain factors to various asset, premium and reserve
items. The RBC Model Law provides for four incremental levels of
regulatory attention for insurers whose surplus is below the
calculated RBC target. These levels of attention range in
severity from requiring the insurer to submit a plan for
corrective action to actually placing the insurer under
regulatory control. The RBC of each of our domestic insurance
subsidiaries was above the authorized RBC control level as of
December 31, 2010.
The NAIC also has developed a set of 13 financial ratios
referred to as the Insurance Regulatory Information System
(IRIS). On the basis of statutory financial
statements filed with state insurance regulators, the NAIC
annually calculates these IRIS ratios to assist state insurance
regulators in monitoring the financial condition of insurance
companies. The NAIC has established an acceptable range for each
of the IRIS financial ratios.
The NAIC also has recently adopted amendments to the model
holding company law, expanding upon the regulation of holding
company systems. When and if adopted by the various states,
these laws and regulations may have additional impact upon the
Companys operations.
Our insurance company subsidiaries are also subject to
assessment by state guaranty funds when an insurer in a
particular jurisdiction has been judicially declared insolvent
and insufficient funds are available from the liquidated company
to pay policyholders and claimants. The protection afforded
under a states guaranty fund to policyholders of the
insolvent insurer varies from state to state. Generally, all
licensed property casualty insurers are considered to be members
of the fund, and assessments are based upon their pro rata share
of direct written premiums. The NAIC Model Post-Assessment
Guaranty Fund Act, which many states have adopted, limits
assessments to an insurer to 2% of its subject premium and
permits recoupment of assessments through rate setting.
Likewise, several states (or underwriting organizations of which
our insurance subsidiaries are required to be members) have
limited assessment authority with regard to deficits in certain
lines of business.
21
State insurance laws and regulations require us to participate
in mandatory property-liability shared market,
pooling or similar arrangements that provide certain
types of insurance coverage to individuals or others who
otherwise are unable to purchase coverage voluntarily provided
by private insurers. Shared market mechanisms include assigned
risk plans and fair access to insurance requirement or
FAIR plans. In addition, some states require
insurers to participate in reinsurance pools for claims that
exceed specified amounts. Our participation in these mandatory
shared market or pooling mechanisms generally is related to the
amount of our direct writings for the type of coverage written
by the specific arrangement in the applicable state.
The regulation of our U.S. subsidiaries excess and
surplus lines insurance business differs significantly from the
regulation of our admitted business. Our surplus lines
subsidiaries are subject to the surplus lines regulation and
reporting requirements of the jurisdictions in which they are
eligible to write surplus lines insurance. Although the surplus
lines business is generally less regulated than admitted
business, strict regulations apply to surplus lines placements
in the laws of every state and the regulation of surplus lines
insurance may undergo changes in the future. Federal or state
measures may be introduced to increase the oversight of surplus
lines insurance in the future.
We receive funds from our insurance company subsidiaries in the
form of dividends and management fees for certain management
services. Annual dividends in excess of maximum amounts
prescribed by state statutes may not be paid without the
approval of the insurance commissioner of the state in which an
insurance subsidiary is domiciled.
State insurance laws and regulations include numerous provisions
governing trade practices and the marketplace activities of
insurers, including provisions governing marketing and sales
practices, policyholder services, claims management and
complaint handling. State regulatory authorities generally
enforce these provisions through periodic market conduct
examinations.
The Terrorism Risk Insurance Act of 2002 became effective
November 26, 2002, was amended on December 22, 2005 by
the Terrorism Risk Insurance Extension Act of 2005 and further
amended effective December 26, 2007 by the Terrorism Risk
Insurance Program Reauthorization Act of 2007 (collectively,
TRIA). TRIA established a Federal program that
provides for a system of shared public and private compensation
for insured losses resulting from acts of terrorism. The program
is effective through December 31, 2014. TRIA is applicable
to almost all commercial lines of property and casualty
insurance but excludes commercial auto, burglary and theft,
surety, professional liability and farm owners multi-peril
insurance. Insurers with direct commercial property and casualty
insurance exposure in the United States are required to
participate in the program and make available coverage for
certified acts of terrorism. The most recent amendment to TRIA
broadened the definition of certified acts to include domestic
terrorism. Federal participation will be triggered under TRIA
when the Secretary of Treasury certifies an act of terrorism.
Under the program, the federal government will pay 85% of an
insurers covered losses in excess of the insurers
applicable deductible. The insurers deductible is based on
20% percent of earned premium for the prior year for covered
lines of commercial property and casualty insurance. Based on
our 2010 earned premiums, our deductible under TRIA during 2011
will be approximately $503 million. The federal program
will not pay losses for certified acts unless such losses exceed
$100 million. TRIA limits the federal governments
share of losses at $100 billion for a program year. In
addition, an insurer that has satisfied its deductible is not
liable for the payment of losses in excess of the
$100 billion cap.
Competition
The property casualty insurance and reinsurance businesses are
highly competitive, with over 2,000 insurance companies
transacting business in the United States. We compete directly
with a large number of these companies. Our strategy in this
highly fragmented industry is to seek specialized areas or
geographic regions where our insurance subsidiaries can gain a
competitive advantage by responding quickly to changing market
conditions. Our subsidiaries establish their own pricing
practices. Such practices are based upon a Company-wide
philosophy to price products with the intent of making an
underwriting profit. Competition in our industry generally
changes with profitability and has increased since 2004. As a
result of increased competition, we have experienced both
downward pressure on pricing for many of our insurance lines as
well as demands by insureds and cedants for better terms and
conditions.
22
Competition for specialty and alternative markets business comes
from other specialty insurers, regional carriers, large national
multi-line companies and reinsurers. Standard carriers have
increasingly competed for excess and surplus business, and as a
result many of our specialty companies have reduced their
writing substantially.
Competition for the reinsurance business comes from domestic and
foreign reinsurers, which produce their business either on a
direct basis or through the broker market. These competitors
include Swiss Re, Munich Re, Berkshire Hathaway, Transatlantic
Reinsurance, and Partner Re. Additionally, our reinsurance
writings have reduced substantially since many ceding companies
have elected to retain more business and the limited business
available has become more competitive.
The regional property casualty subsidiaries compete with mutual
and other regional stock companies as well as national carriers.
Direct writers of property casualty insurance compete with the
regional subsidiaries by writing insurance through their
salaried employees, generally at a lower acquisition cost than
through independent agents such as those used by the Company.
The international operations compete with native insurance
operations both large and small, which may be related to
government entities, as well as with branches or local
subsidiaries of multinational companies.
Competition from insurers and reinsurers based in Bermuda and
other tax advantaged jurisdictions has increased over the last
several years, including from domestic based subsidiaries of
foreign based entities especially as to excess and surplus lines
business.
Employees
As of February 16, 2011, we employed 6,253 individuals. Of
this number, our subsidiaries employed 6,154 persons and
the remaining 99 persons were employed at the parent
company.
Other
Information about the Companys Business
We maintain an interest in the acquisition and start up of
complementary businesses and continue to evaluate possible
acquisitions and new ventures on an ongoing basis. In addition,
our insurance subsidiaries develop new coverages or lines of
business to meet the needs of insureds.
Seasonal weather variations and other events affect the severity
and frequency of losses sustained by the insurance and
reinsurance subsidiaries. Although the effect on our business of
catastrophes such as tornadoes, hurricanes, hailstorms,
earthquakes and terrorist acts may be mitigated by reinsurance,
they nevertheless can have a significant impact on the results
of any one or more reporting periods.
We have no customer which accounts for 10 percent or more
of our consolidated revenues.
Compliance by W. R. Berkley and its subsidiaries with federal,
state and local provisions that have been enacted or adopted
regulating the discharge of materials into the environment, or
otherwise relating to protection of the environment, has not had
a material effect upon our capital expenditures, earnings or
competitive position.
The Companys internet address is www.wrberkley.com. The
information on our website is not incorporated by reference in
this annual report on
Form 10-K.
The Companys annual report on
Form 10-K,
quarterly reports on
Form 10-Q,
current reports on
Form 8-K
and amendments to those reports filed or furnished pursuant to
Section 13(a) or 15(d) of the Securities Exchange Act are
accessible free of charge through this website as soon as
reasonably practicable after they have been electronically filed
with or furnished to the SEC.
23
Our businesses face significant risks. If any of the events or
circumstances described as risks below actually occurs, our
businesses, results of operations or financial condition could
be materially and adversely affected.
Risks
Relating to Our Industry
Our
results may fluctuate as a result of many factors, including
cyclical changes in the insurance and reinsurance
industry.
The results of companies in the property casualty insurance
industry historically have been subject to significant
fluctuations and uncertainties. The demand for insurance is
influenced primarily by general economic conditions, while the
supply of insurance is often directly related to available
capacity or the perceived profitability of the business. Over
the past several years, we have faced increased competition in
our business, including as a result of an increased flow of
capital into the insurance and reinsurance industry, with both
new entrants and existing insurers seeking to gain market share.
This has resulted in decreased premium rates and at times less
favorable contract terms and conditions. The adequacy of premium
rates is affected mainly by the severity and frequency of
claims, which are influenced by many factors, including natural
disasters, regulatory measures and court decisions that define
and expand the extent of coverage and the effects of economic
inflation on the amount of compensation due for injuries or
losses. In addition, investment rates of return may impact rate
adequacy. These factors can have a significant impact on
ultimate profitability because a property casualty insurance
policy is priced before its costs are known as premiums usually
are determined long before claims are reported. These factors
could produce results that would have a negative impact on our
results of operations and financial condition.
Our
actual claims losses may exceed our reserves for claims, which
may require us to establish additional reserves.
Our gross reserves for losses and loss expenses were
approximately $9 billion as of December 31, 2010. Our
loss reserves reflect our best estimates of the cost of settling
claims and related expenses with respect to insured events that
have occurred.
Reserves do not represent an exact calculation of liability.
Rather, reserves represent an estimate of what management
expects the ultimate settlement and claims administration will
cost for claims that have occurred, whether known or unknown.
The major assumptions about anticipated loss emergence patterns
are subject to unanticipated fluctuation. These estimates, which
generally involve actuarial projections, are based on
managements assessment of facts and circumstances then
known, as well as estimates of future trends in claims severity
and frequency, inflation, judicial theories of liability,
reinsurance coverage, legislative changes and other factors,
including the actions of third parties, which are beyond our
control.
The inherent uncertainties of estimating reserves are greater
for certain types of liabilities, where long periods of time
elapse before a definitive determination of liability is made
and settlement is reached. In periods with increased economic
volatility, such as under the current financial market
conditions, it becomes more difficult to accurately predict
claim costs. It is especially difficult to estimate the impact
of inflation on loss reserves given the current economic
environment and related government actions. Reserve estimates
are continually refined in an ongoing process as experience
develops and further claims are reported and settled.
Adjustments to reserves are reflected in the results of the
periods in which such estimates are changed. Because setting
reserves is inherently uncertain, we cannot assure that our
current reserves will prove adequate in light of subsequent
events. Should we need to increase our reserves, our pre-tax
income for the reporting period would decrease by a
corresponding amount.
We decreased our estimates for claims occurring in prior years
by $253 million in 2010, $234 million in 2009,
$196 million in 2008 and $106 million in 2007, and
increased our estimates by $27 million in 2006. We, along
with the property casualty insurance industry in general, have
experienced higher than expected losses for certain types of
business written from 1999 to 2002. Although our reserves
reflect our best estimate of the costs of settling claims, we
cannot assure you that our claim estimates will not need to be
increased in the future.
24
We discount our reserves for excess and assumed workers
compensation business because of the long period of time over
which losses are paid. Discounting is intended to appropriately
match losses and loss expenses to income earned on investment
securities supporting liabilities. The expected loss and loss
expense payout pattern subject to discounting is derived from
our loss payout experience. Changes in the loss and loss expense
payout pattern are recorded in the period they are determined.
If the actual loss payout pattern is shorter than anticipated,
the discount will be reduced and pre-tax income will decrease by
a corresponding amount.
As a
property casualty insurer, we face losses from natural and
man-made catastrophes.
Property casualty insurers are subject to claims arising out of
catastrophes that may have a significant effect on their results
of operations, liquidity and financial condition. Catastrophe
losses have had a significant impact on our results. In
addition, through our participation in certain Lloyds
syndicates, we have additional exposure to catastrophic losses.
For example, weather-related losses were $81 million in
2010, $63 million in 2009, $114 million in 2008,
$34 million in 2007 and $39 million in 2006.
Catastrophes can be caused by various events, including
hurricanes, windstorms, earthquakes, hailstorms, explosions,
severe winter weather and fires, as well as terrorist
activities. The incidence and severity of catastrophes are
inherently unpredictable but have increased in recent years. The
extent of losses from a catastrophe is a function of both the
total amount of insured exposure in the area affected by the
event and the severity of the event. Some catastrophes are
restricted to small geographic areas; however, hurricanes and
earthquakes may produce significant damage in large, heavily
populated areas. Catastrophes can cause losses in a variety of
our property and casualty lines, and most of our past
catastrophe-related claims have resulted from severe storms.
Seasonal weather variations or the impact of climate change may
affect the severity and frequency of our losses. Insurance
companies are not permitted to reserve for a catastrophe until
it has occurred. It is therefore possible that a catastrophic
event or multiple catastrophic events could produce significant
losses and have a material adverse effect on our results of
operations and financial condition.
We
face significant competitive pressures in our businesses, which
have reduced premium rates and could harm our ability to
maintain or increase our profitability and premium
volume.
We compete with a large number of other companies in our
selected lines of business. We compete, and will continue to
compete, with major U.S. and
non-U.S. insurers
and reinsurers, other regional companies, as well as mutual
companies, specialty insurance companies, underwriting agencies
and diversified financial services companies, some of which have
implicit or explicit government support. Competitiveness in our
businesses is based on many factors, including premium charges,
ratings assigned by independent rating agencies, commissions
paid to producers, the perceived financial strength of the
company, other terms and conditions offered, services provided
(including ease of doing business over the internet), speed of
claims payment and reputation and experience in the lines to be
written.
Some of our competitors, particularly in the reinsurance
business, have greater financial and marketing resources than we
do. These competitors within the reinsurance segment include
Swiss Re, Munich Re, Berkshire Hathaway, Transatlantic
Reinsurance, and Partner Re. We expect that perceived financial
strength, in particular, will become more important as customers
seek high quality reinsurers. Certain of our competitors operate
from Bermuda or other tax advantaged or less regulated
jurisdictions that may provide them with additional competitive
and pricing advantages.
Over the past several years, we have faced increased competition
in our business, particularly in our reinsurance and specialty
segments, as increased supply has led to reduced prices and, at
times, less favorable terms and conditions. Our specialty
segment increasingly encounters competition from admitted
companies seeking to increase market share. We expect to
continue to face strong competition in these and our other lines
of business and may continue to experience reduced pricing and
weaker terms and conditions.
This intense competition could cause the supply
and/or
demand for insurance or reinsurance to change, which could
affect our ability to price our products at attractive rates and
retain existing business or write new products at adequate rates
or on acceptable terms and conditions. If we are unable to
retain existing business or write new business at adequate rates
and on acceptable terms and conditions, our results of
operations could be materially and adversely affected.
25
Conditions
in the financial markets and the effect of the economic downturn
have had and may continue to have a negative impact on our
results of operations and financial condition, particularly if
such conditions continue.
The significant volatility and uncertainty experienced in
financial markets around the world during the past several years
and the effect of the economic downturn have continued. Although
the U.S. and various foreign governments have taken various
actions to try to stabilize the financial markets, the ultimate
effectiveness of such actions remains unclear. Therefore,
volatility and uncertainty in the financial markets and the
resulting negative economic impact may continue for some time.
While we monitor conditions in the financial markets, we cannot
predict future conditions or their impact on our results of
operations and financial condition. Depending on conditions in
the financial markets, we could incur additional realized and
unrealized losses in our investment portfolio in future periods,
and financial market volatility and uncertainty and an economic
downturn could have a significant negative impact on third
parties that we do business with, including insureds and
reinsurers.
We, as
a primary insurer, may have significant exposure for terrorist
acts.
To the extent an act of terrorism, whether a domestic or foreign
act, is certified by the Secretary of Treasury, we may be
covered under the Terrorism Risk Insurance Act of 2002, as
amended on December 22, 2005 and further amended on
December 26, 2007 (TRIA), for up to 85% of our
losses for certain property/casualty lines of insurance.
However, any such coverage would be subject to a mandatory
deductible based on 20% of earned premium for the prior year for
the covered lines of commercial property and casualty insurance.
Based on our 2010 earned premiums, our deductible under TRIA
during 2011 is approximately $503 million. TRIA is in
effect through December 31, 2014 unless extended or
replaced by a similar program. The coverage provided under TRIA
does not apply to reinsurance that we write.
Our
earnings could be more volatile because of our significant level
of retentions.
As compared to a number of our competitors, we maintain
significant retention levels in premiums written. We purchase
less reinsurance, the process by which we transfer, or cede,
part of the risk we have assumed to a reinsurance company,
thereby retaining more risk. As a result, our earnings could be
more volatile and increased severities are more likely to have a
material adverse effect on our results of operations and
financial condition.
We are
subject to extensive governmental regulation, which increases
our costs and could restrict the conduct of our
business.
We are subject to extensive governmental regulation and
supervision. Most insurance regulations are designed to protect
the interests of policyholders rather than stockholders and
other investors. This system of regulation, generally
administered by a department of insurance in each state in which
we do business, relates to, among other things:
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standards of solvency, including risk-based capital measurements;
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restrictions on the nature, quality and concentration of
investments;
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requiring certain methods of accounting;
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rate and form regulation pertaining to certain of our insurance
businesses; and
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potential assessments for the provision of funds necessary for
the settlement of covered claims under certain policies provided
by impaired, insolvent or failed insurance companies.
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State insurance departments conduct periodic examinations of the
affairs of insurance companies and require the filing of annual
and other reports relating to the financial condition of
insurance companies, holding company issues and other matters.
Federal financial services modernization legislation and
legislative and regulatory initiatives taken or which may be
taken in response to the current conditions in the financial
markets and the ongoing economic downturn may lead to additional
federal regulation of the insurance industry in the coming years.
26
On July 21, 2010, President Obama signed into law the Dodd
Frank Wall Street Reform and Consumer Protection Act (the
Dodd-Frank Act) which effects sweeping changes to
financial services regulation in the United States. The
Dodd-Frank Act establishes the Financial Services Oversight
Council (FSOC) which is authorized to recommend that
certain systemically significant non-bank financial companies,
including insurance companies, be regulated by the Board of
Governors of the Federal Reserve. The Dodd-Frank Act also
establishes a Federal Insurance Office (FIO) and
authorizes the federal preemption of certain state insurance
laws. FSOC and the FIO are authorized to study, monitor and
report to Congress on the U.S. insurance industry and the
significance of global reinsurance to the U.S. insurance
market. The potential impact of the Dodd-Frank Act on the
U.S. insurance business is not clear, however, our business
could be affected by changes to the U.S. system of
insurance regulation or our designation or the designation of
insurers or reinsurers with which we do business as systemically
significant non-bank financial companies.
Although U.S. state regulation is the primary form of
regulation of insurance and reinsurance, in addition to the
changes brought about by the Dodd-Frank Act, Congress has
considered over the past years various proposals relating to the
creation of an optional federal charter, repeal of the insurance
company antitrust exemption from the McCarran Ferguson Act, and
tax law changes. We may be subject to potentially increased
federal oversight as a financial institution. Also, foreign
governments regulate our international operations.
With respect to international measures, an EU directive
concerning the capital adequacy, risk management and regulatory
reporting for insurers and reinsurers (Solvency II)
which was adopted by the European Parliament in April 2009, may
affect our insurance businesses. Adoption by EU member states is
anticipated at the end of 2012. Implementation of
Solvency II may require us to utilize a significant amount
of resources to ensure compliance. In addition, Solvency II
may have the effect of increasing the capital requirements of
our EU domiciled insurers. Solvency II provides for the
supervision of group solvency. Our capital requirements may be
adversely affected if the EU Commission finds that the insurance
regimes of our third-country domiciled companies are not
equivalent to the requirements of Solvency II.
We may be unable to maintain all required licenses and approvals
and our business may not fully comply with the wide variety of
applicable laws and regulations or the relevant authoritys
interpretation of the laws and regulations. Also, some
regulatory authorities have relatively broad discretion to
grant, renew or revoke licenses and approvals. If we do not have
the requisite licenses and approvals or do not comply with
applicable regulatory requirements, the insurance regulatory
authorities could preclude or temporarily suspend us from
carrying on some or all of our activities or monetarily penalize
us. Also, changes in the level of regulation of the insurance
industry, whether federal, state or foreign, or changes in laws
or regulations themselves or interpretations by regulatory
authorities, restrict the conduct of our business.
In certain of our insurance businesses, the rates we charge our
policyholders are subject to regulatory approval. Certain lines
of business are subject to a greater degree of regulatory
scrutiny than others. For example, the workers
compensation business is highly regulated. For 2010,
approximately 16.5% of our net premiums written represented
primary workers compensation business. Over the past
several years, rates for primary workers compensation
business written in the State of California have declined
significantly as a result of workers compensation reform.
Of our net premiums written during 2010, approximately 1.6%
represented primary workers compensation business written
in the State of California.
Risks
Relating to Our Business
We
cannot guarantee that our reinsurers will pay in a timely
fashion, if at all, and, as a result, we could experience
losses.
We purchase reinsurance by transferring part of the risk that we
have assumed, known as ceding, to a reinsurance company in
exchange for part of the premium we receive in connection with
the risk. Although reinsurance makes the reinsurer contractually
liable to us to the extent the risk is transferred or ceded to
the reinsurer, it does not relieve us, the reinsured, of our
liability to our policyholders. Our reinsurers may not pay the
reinsurance recoverables that they owe to us or they may not pay
such recoverables on a timely basis. Accordingly, we bear credit
risk with respect to our reinsurers, and if our reinsurers fail
to pay us, our financial results would be adversely affected.
Underwriting results and investment returns of some of our
reinsurers may affect their future
27
ability to pay claims. As of December 31, 2010, the amount
due from our reinsurers was approximately $1,070 million,
including amounts due from state funds and industry pools where
it was intended that we would bear no risk. Certain of these
amounts due from reinsurers are secured by letters of credit or
by funds held in trust on our behalf.
We are
rated by A.M. Best, Standard & Poors, and
Moodys, and a decline in these ratings could affect our
standing in the insurance industry and cause our sales and
earnings to decrease.
Ratings have become an increasingly important factor in
establishing the competitive position of insurance companies.
Certain of our insurance company subsidiaries are rated by
A.M. Best, Standard & Poors and
Moodys Investors. Our ratings are subject to periodic
review, and we cannot assure you that we will be able to retain
those ratings.
If our ratings are reduced from their current levels by
A.M. Best, Standard & Poors or
Moodys, our competitive position in the insurance industry
could suffer and it would be more difficult for us to market our
products. A significant downgrade could result in a substantial
loss of business as policyholders move to other companies with
higher claims-paying and financial strength ratings.
If
market conditions cause reinsurance to be more costly or
unavailable, we may be required to bear increased risks or
reduce the level of our underwriting commitments.
As part of our overall risk and capacity management strategy, we
purchase reinsurance for certain amounts of risk underwritten by
our insurance company subsidiaries, especially catastrophe
risks. We also purchase reinsurance on risks underwritten by
others which we reinsure. Market conditions beyond our control
determine the availability and cost of the reinsurance
protection we seek to purchase, which may affect the level of
our business and profitability. Our reinsurance contracts are
generally subject to annual renewal. We may be unable to
maintain our current reinsurance contracts or to obtain other
reinsurance contracts in adequate amounts and at favorable
rates. In addition, we may be unable to obtain reinsurance on
terms acceptable to us relating to certain lines of business
that we intend to begin writing. If we are unable to renew our
expiring contracts or to obtain new reinsurance contracts,
either our net exposures would increase or, if we are unwilling
to bear an increase in net exposures, we would have to reduce
the level of our underwriting commitments, especially
catastrophe exposed risks.
Depending
on conditions in the financial markets and the economic
downturn, we may be unable to raise debt or equity capital if
needed.
If the current conditions in the financial markets and the
economic downturn continue, we may be unable to access debt or
equity capital on acceptable terms if needed, which could have a
negative impact on our ability to invest in our insurance
company subsidiaries
and/or to
take advantage of opportunities to expand our business, such as
possible acquisitions and new ventures.
Our
international operations expose us to investment, political and
economic risks, including foreign currency and credit
risk.
Our expanding international operations in the United Kingdom,
Continental Europe, South America, Australia, Southeast Asia and
Canada expose us to investment, political and economic risks,
including foreign currency and credit risk. Changes in the value
of the U.S. dollar relative to other currencies could have
an adverse effect on our results of operations and financial
condition.
Our investments in
non-U.S.-denominated
securities are subject to fluctuations in
non-U.S. securities
and currency markets, and those markets can be volatile.
Non-U.S. currency
fluctuations also affect the value of any dividends paid by our
non-U.S. subsidiaries
to their parent companies in the U.S.
28
We may
not find suitable acquisition candidates or new insurance
ventures and even if we do, we may not successfully integrate
any such acquired companies or successfully invest in such
ventures.
As part of our present strategy, we continue to evaluate
possible acquisition transactions and the
start-up of
complementary businesses on an ongoing basis, and at any given
time we may be engaged in discussions with respect to possible
acquisitions and new ventures. We cannot assure you that we will
be able to identify suitable acquisition transactions or
insurance ventures, that such transactions will be financed and
completed on acceptable terms or that our future acquisitions or
start-up
ventures will be successful. The process of integrating any
companies we do acquire or investing in new ventures may have a
material adverse effect on our results of operations and
financial condition.
We may
be unable to attract and retain key personnel and qualified
employees.
We depend on our ability to attract and retain key personnel,
including our Chairman and CEO, COO, senior executive officers,
presidents of our operating units, experienced underwriters and
other skilled employees who are knowledgeable about our
business. If the quality of our underwriting team and other
personnel decreases, we may be unable to maintain our current
competitive position in the specialized markets in which we
operate, and be unable to expand our operations into new markets.
Risks
Relating to Our Investments
A
significant amount of our assets is invested in fixed maturity
securities and is subject to market fluctuations.
Our investment portfolio consists substantially of fixed
maturity securities. As of December 31, 2010, our
investment in fixed maturity securities was approximately
$11 billion, or 86% of our total investment portfolio. As
of that date, our portfolio of fixed maturity securities
consisted of the following types of securities:
U.S. Government securities (12%); state and municipal
securities (50%); corporate securities (21%); mortgage-backed
securities (13%) and foreign government bonds (4%).
The fair value of these assets and the investment income from
these assets fluctuate depending on general economic and market
conditions. The fair value of fixed maturity securities
generally decreases as interest rates rise. Conversely, if
interest rates decline, investment income earned from future
investments in fixed maturity securities will be lower. In
addition, some fixed maturity securities, such as
mortgage-backed and other asset-backed securities, carry
prepayment risk as a result of interest rate fluctuations.
The value of investments in fixed maturity securities is subject
to impairment as a result of deterioration in the credit
worthiness of the issuer, default by the issuer (including
states and municipalities) in the performance of its obligations
in respect of the securities
and/or
increases in market interest rates. To a large degree, the
credit risk we face is a function of the economy; accordingly,
we face a greater risk in an economic downturn or recession.
Although the historical rates of default on state and municipal
securities have been relatively low, our state and municipal
fixed maturity securities could be subject to a higher risk of
default or impairment due to declining municipal tax bases and
revenue. The economic downturn has resulted in many states and
municipalities operating under deficits or projected deficits,
the severity and duration of which could have an adverse impact
on both the valuation of our state and municipal fixed maturity
securities and the issuers ability to perform its
obligations thereunder. Additionally, our investments are
subject to losses as a result of a general decrease in
commercial and economic activity for an industry sector in which
we invest, as well as risks inherent in particular securities.
Although we attempt to manage these risks through the use of
investment guidelines and other oversight mechanisms and by
diversifying our portfolio and emphasizing preservation of
principal, our efforts may not be successful. Impairments,
defaults
and/or rate
increases could reduce our net investment income and net
realized investment gains or result in investment losses.
Investment returns are currently, and will likely continue to
remain, under pressure due to the significant volatility
experienced in the financial markets, economic uncertainty, more
generally, and the shape of the yield curve. As a result, our
exposure to the risks described above could materially and
adversely affect our results of operations.
29
We
invest some of our assets in equity securities, merger arbitrage
securities, investment funds, private equity and real estate
related assets, which may decline in value.
We invest a portion of our investment portfolio in equity
securities, merger arbitrage securities, investment funds,
private equity and real estate related assets. At
December 31, 2010, our investment in these assets was
approximately $1.8 billion, or 14%, of our investment
portfolio. We reported provisions for other than temporary
impairments in the value of these assets of approximately
$9 million in 2010, $63 million in 2009 and
$427 million in 2008, and losses from investment funds of
$8 million in 2010, $174 million in 2009 and
$4 million in 2008.
Merger and arbitrage trading securities were $420 million,
or 3%, of our investment portfolio at December 31, 2010.
Merger arbitrage involves investing in the securities of
publicly held companies that are the targets in announced tender
offers and mergers. Merger arbitrage differs from other types of
investments in its focus on transactions and events believed
likely to bring about a change in value over a relatively short
time period, usually four months or less. Our merger arbitrage
positions are exposed to the risk associated with the completion
of announced deals, which are subject to regulatory as well as
political and other risks.
Investments in publicly traded real estate investment trusts,
real estate investment funds and limited partnerships and loans
receivable were $675 million, or 5%, of our investment
portfolio at December 31, 2010. The values of our real
estate related investments are subject to fluctuations based on
changes in the economy in general and real estate valuations in
particular. These investments have been subject to significant
volatility as a result of the current conditions in the
financial markets. In addition, our investments in real estate
related assets are less liquid than our other investments.
Risks
Relating to Purchasing Our Securities
We are
an insurance holding company and, therefore, may not be able to
receive dividends in needed amounts.
As an insurance holding company, our principal assets are the
shares of capital stock of our insurance company subsidiaries.
We have to rely on dividends from our insurance company
subsidiaries to meet our obligations for paying principal and
interest on outstanding debt obligations and for paying
dividends to stockholders and corporate expenses. The payment of
dividends by our insurance company subsidiaries is subject to
regulatory restrictions and will depend on the surplus and
future earnings of these subsidiaries, as well as regulatory
restrictions. During 2011, the maximum amount of dividends that
can be paid without regulatory approval is approximately
$490 million. As a result, in the future we may not be able
to receive dividends from these subsidiaries at times and in
amounts necessary to meet our obligations or pay dividends.
We are
subject to certain provisions that may have the effect of
hindering, delaying or preventing third party takeovers, which
may prevent our stockholders from receiving premium prices for
their shares in an unsolicited takeover and make it more
difficult for third parties to replace our current
management.
Provisions of our Restated Certificate of Incorporation and
By-Laws, as well as state insurance statutes, may hinder, delay
or prevent unsolicited acquisitions or changes of our control.
These provisions may also have the effect of making it more
difficult for third parties to cause the replacement of our
current management without the concurrence of our board of
directors.
These provisions include:
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our classified board of directors and the ability of our board
to increase its size and to appoint directors to fill newly
created directorships;
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the requirement that 80% of our stockholders must approve
mergers and other transactions between us and the holder of 5%
or more of our shares, unless the transaction was approved by
our board of directors prior to such holders acquisition
of 5% of our shares;
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the need for advance notice in order to raise business or make
nominations at stockholders meetings; and
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state insurance statutes that restrict the acquisition of
control (generally defined as 10% of the outstanding shares,
though 5% in Alabama and certain other jurisdictions) of an
insurance company without regulatory approval.
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ITEM 1B.
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UNRESOLVED
STAFF COMMENTS
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There are no unresolved written comments that were received from
the SEC staff 180 days or more before the end of our fiscal
year relating to our periodic or current reports under the
Securities Exchange Act of 1934.
W. R. Berkley and its subsidiaries own or lease office
buildings or office space suitable to conduct their operations.
At December 31, 2010, the Company had aggregate office
space of 3,352,844 square feet, of which 939,991 were owned
and 2,412,853 were leased.
Rental expense for the Companys operations was
approximately $29,936,000, $28,067,000 and $23,802,000 for 2010,
2009 and 2008, respectively. Future minimum lease payments
(without provision for sublease income) are $31,265,000 in 2011,
$27,749,000 in 2012 and $94,143,000 thereafter.
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ITEM 3.
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LEGAL
PROCEEDINGS
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The Companys subsidiaries are subject to disputes,
including litigation and arbitration, arising in the ordinary
course of their insurance and reinsurance businesses. The
Companys estimates of the costs of settling such matters
are reflected in its aggregate reserves for losses and loss
expenses, and the Company does not believe that the ultimate
outcome of such matters will have a material adverse effect on
its financial condition or results of operations.
31
PART II
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ITEM 5.
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MARKET
FOR THE REGISTRANTS COMMON EQUITY, RELATED STOCKHOLDER
MATTERS AND ISSUER PURCHASES OF EQUITY
SECURITIES
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The common stock of the Company is traded on the New York Stock
Exchange under the symbol WRB.
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Price Range
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Dividends Declared
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High
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Low
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per Share
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2010:
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Fourth Quarter
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$
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28.83
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$
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26.19
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$
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0.07
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Third Quarter
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27.66
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25.63
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0.07
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Second Quarter
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28.13
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25.69
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0.07
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First Quarter
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26.75
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23.89
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0.06
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2009:
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Fourth Quarter
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$
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26.15
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$
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23.30
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$
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0.06
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Third Quarter
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26.26
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20.82
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0.06
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Second Quarter
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25.18
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21.05
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0.06
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First Quarter
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31.07
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18.59
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0.06
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The closing price of the common stock on February 24, 2011
as reported on the New York Stock Exchange was $29.42 per share.
The approximate number of record holders of the common stock on
February 14, 2011 was 459.
Set forth below is a summary of the shares repurchased by the
Company during the fourth quarter of 2010 and the remaining
number of shares authorized for purchase by the Company during
such period.
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Total Number of
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Maximum Number of
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Shares Purchased as
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Shares that may yet
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Part of Publicly
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be Purchased Under
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Total Number of
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Average Price
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Announced Plans or
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the Plans or
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Shares Purchased
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Paid per Share
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Programs
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Programs(1)
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October 2010
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289,697
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27.51
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289,697
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6,393,341
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November 2010
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2,502,200
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27.29
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2,502,200
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7,844,343
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December 2010
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2,782,020
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27.13
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2,002,149
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5,842,194
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(1) |
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The Companys repurchase authorization was increased to
10,000,000 shares by its Board of Directors on
November 3, 2010. |
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|
|
ITEM 6.
|
SELECTED
FINANCIAL DATA
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year Ended December 31,
|
|
|
2010
|
|
2009
|
|
2008
|
|
2007
|
|
2006
|
|
|
(Amounts in thousands, except per share data)
|
|
Net premiums written
|
|
$
|
3,850,926
|
|
|
$
|
3,730,095
|
|
|
$
|
4,033,899
|
|
|
$
|
4,575,989
|
|
|
$
|
4,818,993
|
|
Net premiums earned
|
|
|
3,835,582
|
|
|
|
3,805,849
|
|
|
|
4,289,580
|
|
|
|
4,663,701
|
|
|
|
4,692,622
|
|
Net investment income
|
|
|
538,698
|
|
|
|
552,561
|
|
|
|
537,033
|
|
|
|
634,386
|
|
|
|
549,030
|
|
Income (losses) from investment funds
|
|
|
(8,173
|
)
|
|
|
(173,553
|
)
|
|
|
(3,553
|
)
|
|
|
38,274
|
|
|
|
37,145
|
|
Insurance service fees
|
|
|
85,405
|
|
|
|
93,245
|
|
|
|
102,856
|
|
|
|
97,689
|
|
|
|
104,812
|
|
Net investment gains (losses)
|
|
|
56,581
|
|
|
|
(38,408
|
)
|
|
|
(356,931
|
)
|
|
|
49,696
|
|
|
|
9,648
|
|
Revenues from wholly-owned investees
|
|
|
214,454
|
|
|
|
189,347
|
|
|
|
137,280
|
|
|
|
102,846
|
|
|
|
|
|
Total revenues
|
|
|
4,724,069
|
|
|
|
4,431,178
|
|
|
|
4,708,808
|
|
|
|
5,588,397
|
|
|
|
5,394,831
|
|
Interest expense
|
|
|
106,969
|
|
|
|
87,989
|
|
|
|
84,623
|
|
|
|
88,996
|
|
|
|
92,522
|
|
Income before income taxes
|
|
|
603,305
|
|
|
|
382,230
|
|
|
|
326,322
|
|
|
|
1,092,392
|
|
|
|
988,645
|
|
Income tax expense
|
|
|
(153,739
|
)
|
|
|
(73,150
|
)
|
|
|
(44,919
|
)
|
|
|
(323,070
|
)
|
|
|
(286,398
|
)
|
Noncontrolling interests
|
|
|
(279
|
)
|
|
|
(23
|
)
|
|
|
(262
|
)
|
|
|
(3,083
|
)
|
|
|
(2,729
|
)
|
Net income to common stockholders
|
|
|
449,287
|
|
|
|
309,057
|
|
|
|
281,141
|
|
|
|
766,239
|
|
|
|
699,518
|
|
Data per common share:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income per basic share
|
|
|
3.02
|
|
|
|
1.93
|
|
|
|
1.68
|
|
|
|
4.05
|
|
|
|
3.65
|
|
Net income per diluted share
|
|
|
2.90
|
|
|
|
1.86
|
|
|
|
1.62
|
|
|
|
3.90
|
|
|
|
3.46
|
|
Common stockholders equity
|
|
|
26.26
|
|
|
|
22.97
|
|
|
|
18.87
|
|
|
|
19.92
|
|
|
|
17.30
|
|
Cash dividends declared
|
|
|
0.27
|
|
|
|
0.24
|
|
|
|
0.23
|
|
|
|
0.20
|
|
|
|
0.16
|
|
Weighted average shares outstanding:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Basic
|
|
|
148,752
|
|
|
|
160,357
|
|
|
|
166,956
|
|
|
|
188,981
|
|
|
|
191,809
|
|
Diluted
|
|
|
155,081
|
|
|
|
166,574
|
|
|
|
173,454
|
|
|
|
196,698
|
|
|
|
201,961
|
|
Investments
|
|
$
|
12,995,393
|
|
|
$
|
13,050,238
|
|
|
$
|
11,143,281
|
|
|
$
|
11,956,717
|
|
|
$
|
11,172,684
|
|
Total assets
|
|
|
17,528,547
|
|
|
|
17,328,596
|
|
|
|
16,121,158
|
|
|
|
16,820,005
|
|
|
|
15,656,489
|
|
Reserves for losses and loss expenses
|
|
|
9,016,549
|
|
|
|
9,071,671
|
|
|
|
8,999,596
|
|
|
|
8,678,034
|
|
|
|
7,784,269
|
|
Junior subordinated debentures
|
|
|
242,784
|
|
|
|
249,793
|
|
|
|
249,584
|
|
|
|
249,375
|
|
|
|
241,953
|
|
Senior notes and other debt
|
|
|
1,500,419
|
|
|
|
1,345,481
|
|
|
|
1,021,869
|
|
|
|
1,121,793
|
|
|
|
869,187
|
|
Common stockholders equity
|
|
|
3,702,876
|
|
|
|
3,596,067
|
|
|
|
3,046,319
|
|
|
|
3,592,368
|
|
|
|
3,335,159
|
|
33
|
|
ITEM 7.
|
MANAGEMENTS
DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF
OPERATIONS
|
Reference is made to the information under the caption
Managements Discussion and Analysis of Financial
Condition and Results of Operations which is contained in
the registrants 2010 Annual Report to Stockholders
(attached hereto as Exhibit 13), which information is
incorporated herein by reference.
|
|
ITEM 7A.
|
QUANTITATIVE
AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
|
Reference is made to the information under Market
Risk under the caption Managements Discussion
and Analysis of Financial Condition and Results of
Operations which is contained in the registrants
2010 Annual Report to Stockholders (attached hereto as
Exhibit 13), which information is incorporated herein by
reference.
|
|
ITEM 8.
|
FINANCIAL
STATEMENTS AND SUPPLEMENTARY DATA
|
The consolidated financial statements of the registrant which
are contained in the registrants 2010 Annual Report to
Stockholders (attached hereto as Exhibit 13) are
incorporated herein by reference.
|
|
ITEM 9.
|
CHANGES
IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND
FINANCIAL DISCLOSURE
|
None.
|
|
ITEM 9A.
|
CONTROLS
AND PROCEDURES
|
|
|
(a)
|
Evaluation
Of Disclosure Controls And Procedures
|
The Companys management, including its Chief Executive
Officer and Chief Financial Officer, have conducted an
evaluation of the effectiveness of the Companys disclosure
controls and procedures pursuant to Exchange Act
Rule 13a-15(b)
as of the end of the period covered by this annual report. Based
on that evaluation, the Chief Executive Officer and Chief
Financial Officer concluded that the Company has in place
effective controls and procedures designed to ensure that
information required to be disclosed by the Company in the
reports it files or submits under the Exchange Act and the rules
thereunder, is recorded, processed, summarized and reported
within the time periods specified in the Commissions rules
and forms.
|
|
(b)
|
Managements
Report On Internal Control Over Financial
Reporting
|
Management has conducted an evaluation of the effectiveness of
the Companys internal control over financial reporting as
of December 31, 2010. See pages 28 and 29 of Exhibit
13 of this
Form 10-K
for managements report and the related report as to the
effectiveness of the Companys internal control over
financial reporting by KPMG LLP, an independent registered
public accounting firm.
|
|
(c)
|
Change
In Internal Control
|
During the quarter ended December 31, 2010, there have been
no changes in our internal control over financial reporting that
have materially affected, or are reasonably likely to materially
affect, our internal control over financial reporting.
|
|
ITEM 9B.
|
OTHER
INFORMATION
|
None.
34
|
|
ITEM 10.
|
DIRECTORS,
EXECUTIVE OFFICERS AND CORPORATE GOVERNANCE
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
|
|
ITEM 11.
|
EXECUTIVE
COMPENSATION
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
|
|
ITEM 12.
|
SECURITY
OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT AND
RELATED STOCKHOLDER MATTERS
|
|
|
(a)
|
Security
ownership of certain beneficial owners
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
|
|
(b)
|
Security
ownership of management
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
|
|
ITEM 13.
|
CERTAIN
RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR
INDEPENDENCE
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
|
|
ITEM 14.
|
PRINCIPAL
ACCOUNTING FEES AND SERVICES
|
Reference is made to the registrants definitive proxy
statement, which will be filed with the Securities and Exchange
Commission within 120 days after December 31, 2010,
and which is incorporated herein by reference.
35
PART IV
|
|
ITEM 15.
|
EXHIBITS AND
FINANCIAL STATEMENT SCHEDULES
|
|
|
(a)
|
Index
to Financial Statements
|
Managements Discussion and Analysis of Financial Condition
and Results of Operations and the Companys consolidated
financial statements, together with the reports on the
consolidated financial statements and the effectiveness of
internal control over financial reporting of KPMG LLP, appear in
the Companys 2010 Annual Report to Stockholders (attached
hereto as Exhibit 13) and are incorporated by
reference in this Annual Report on
Form 10-K.
With the exception of the aforementioned information, the 2010
Annual Report to Stockholders is not deemed to be filed as part
of this report. The schedules to the consolidated financial
statements listed below should be read in conjunction with the
consolidated financial statements in such 2010 Annual Report to
Stockholders. Financial statement schedules not included in this
Annual Report on
Form 10-K
have been omitted because they are not applicable or required
information is shown in the financial statements or notes
thereto.
|
|
|
|
|
Index to Financial Statement Schedules
|
|
Page
|
|
|
|
|
42
|
|
|
|
|
43
|
|
|
|
|
47
|
|
|
|
|
48
|
|
|
|
|
49
|
|
|
|
|
50
|
|
The exhibits filed as part of this report are listed on
pages 38-41 hereof.
36
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the
Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
W. R. BERKLEY CORPORATION
William R. Berkley,
Chairman of the Board and
Chief Executive Officer
February 28, 2011
Pursuant to the requirements of the Securities Exchange Act of
1934, this report has been signed below by the following persons
on behalf of the registrant and in the capacities and on the
dates indicated.
|
|
|
|
|
|
|
Signature
|
|
Title
|
|
Date
|
|
|
|
|
|
|
/s/ William
R. Berkley
William
R. Berkley
|
|
Chairman of the Board and Chief Executive Officer
Principal executive officer
|
|
February 28, 2011
|
|
|
|
|
|
/s/ W.
Robert Berkley, Jr.
W.
Robert Berkley, Jr.
|
|
President, Chief Operating
Officer and Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Ronald
E. Blaylock
Ronald
E. Blaylock
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Mark
E. Brockbank
Mark
E. Brockbank
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ George
G. Daly
George
G. Daly
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Mary
C. Farrell
Mary
C. Farrell
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Rodney
A. Hawes, Jr.
Rodney
A. Hawes, Jr.
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Jack
H. Nusbaum
Jack
H. Nusbaum
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Mark
L. Shapiro
Mark
L. Shapiro
|
|
Director
|
|
February 28, 2011
|
|
|
|
|
|
/s/ Eugene
G. Ballard
Eugene
G. Ballard
|
|
Senior Vice President and
Chief Financial Officer
Principal financial officer
and principal accounting officer
|
|
February 28, 2011
|
37
|
|
|
|
|
Number
|
|
|
|
|
(3
|
.1)
|
|
The Companys Restated Certificate of Incorporation, as
amended through May 10, 2004 (incorporated by reference to
Exhibits 3.1 and 3.2 of the Companys Quarterly Report on
Form 10-Q (File No. 1-15202) filed with the Commission on August
6, 2003).
|
|
(3
|
.2)
|
|
Amendment, dated May 11, 2004, to the Companys Restated
Certificate of Incorporation, as amended (incorporated by
reference to Exhibit 3.2 of the Companys Quarterly report
on Form 10-Q (File No. 1-15202) filed with the Commission on
August 5, 2004).
|
|
(3
|
.3)
|
|
Amendment, dated May 16, 2006, to the Companys Restated
Certificate of Incorporation, as amended (incorporated by
reference to Exhibit 3.2 of the Companys Current Report on
Form 8-K (File No. 1-15202) filed with the Commission on May 17,
2006).
|
|
(3
|
.4)
|
|
Amended and Restated By-Laws (incorporated by reference to
Exhibit 3(ii) of the Companys Current Report on Form 8-K
(File No. 0-7849) filed with the Commission on May 11, 1999).
|
|
(4
|
.1)
|
|
Indenture, dated as of February 14, 2003, between the Company
and The Bank of New York, as trustee (incorporated by reference
to Exhibit 4.1 of the Companys Annual Report on Form 10-K
(File No. 1-15202) filed with the Commission of March 31, 2003).
|
|
(4
|
.2)
|
|
First Supplemental Indenture, dated February 14, 2003, between
the Company and The Bank of New York, a trustees, relating to
$200,000,000 principal amount of the Companys
5.875% Senior Notes due 2013, including form of the Notes
as Exhibit A (incorporated by reference to Exhibit 4.1 of the
Companys Annual Report on Form (File No. 1-15202) filed
with the Commission of March 31, 2003).
|
|
(4
|
.3)
|
|
Second Supplemental Indenture, dated as of September 12, 2003,
between the Company and The Bank of New York, as Trustee,
relating to $150,000,000 principal amount of the Companys
5.125% Senior Notes due 2010, including form of the Notes
as Exhibit A (incorporated by reference to Exhibit 4.2 of the
Companys Quarterly Report on Form 10-Q (File No. 1-15202)
filed with the Commission on November 14, 2003).
|
|
(4
|
.4)
|
|
Third Supplemental Indenture, dated as of August 24, 2004,
between the Company and The Bank of New York, as Trustee,
relating to $150,000,000 principal amount of the Companys
6.150% Senior Notes due 2019, including form of the Notes
as Exhibit A (incorporated by reference to Exhibit 4.4 of the
Companys Annual Report on Form 10-K (File No. 1-15202)
filed with the Commission on March 14, 2005).
|
|
(4
|
.5)
|
|
Fourth Supplemental Indenture, dated as of May 9, 2005, between
the Company and The Bank of New York, as Trustee, relating to
$200,000,000 principal amount of the Companys
5.60% Senior Notes due 2015, including form of the Notes as
Exhibit A (incorporated by reference to Exhibit 4.2 of the
Companys quarterly report on Form 10-Q (File No. 1-15200)
filed with the Commission on August 2, 2005).
|
|
(4
|
.6)
|
|
Fifth Supplemental Indenture, dated as of February 9, 2007,
between the Company and The Bank of New York, as Trustee,
relating to $250,000,000 principal amount of the Companys
6.25% Senior Notes due 2037, including form of the Notes as
Exhibit A (incorporated by reference to Exhibit 4.7 of the
Companys Annual Report on Form 10-K (File No. 1-15202)
filed with the Commission on March 1, 2007).
|
|
(4
|
.7)
|
|
Sixth Supplemental Indenture, dated as of September 14, 2009,
between the Company and The Bank of New York Mellon, as Trustee,
relating to $300,000,000 principal amount of the Companys
7.375% Senior Notes due 2019, including form of the Notes
as Exhibit A (incorporated by reference to Exhibit 4.7 of the
Companys Annual Report on Form 10-K (File No. 1-15202)
filed with the Commission on February 26, 2010).
|
|
(4
|
.8)
|
|
Seventh Supplemental Indenture, dated as of September 16, 2010,
between the Company and The Bank of New York Mellon, as Trustee,
relating to $300,000,000 principal amount of the Companys
5.375% Senior Notes due 2020, including form of the Notes
as Exhibit A (incorporated by reference to Exhibit 4.2 of the
Companys Current Report on Form 8-K (File No. 1-15202)
filed with the Commission on September 16, 2010).
|
|
(4
|
.9)
|
|
Amended and Restated Trust Agreement of W. R. Berkley Capital
Trust dated as of July 26, 2003 (Incorporated by reference to
Exhibit 4.3 of the Companys Quarterly Report on Form 10-Q
(File No. 1-15202) filed with the Commission on August 2, 2005).
|
38
|
|
|
|
|
Number
|
|
|
|
|
(4
|
.10)
|
|
Subordinated Indenture between W. R. Berkley Corporation and The
Bank of New York, as Trustee, dated as of July 26, 2005
(incorporated by reference to Exhibit 4.4 of the Companys
Quarterly Report on Form 10-Q (File No. 1-15202) filed with the
Commission on August 2, 2005).
|
|
(4
|
.11)
|
|
Supplemental Indenture No. 1 to the Subordinated Indenture
between W. R. Berkley Corporation and The Bank of New York, as
Trustee, dated as of July 26, 2005, relating to
6.750% Subordinated Debentures Due 2045 (incorporated by
reference to Exhibit 4.6 of the Companys Quarterly Report
on Form 10-Q (File No. 1-15202) filed with the Commission on
August 2, 2005).
|
|
(4
|
.12)
|
|
Preferred Securities Guarantee Agreement between W. R. Berkley
Corporation, as Guarantor, and The Bank of New York, as
Preferred Guarantee Trustee, dated as of July 26, 2005, relating
to W. R. Berkley Capital Trust II (incorporated by
reference to Exhibit 4.6 of the Companys Quarterly Report
on Form 10-Q (File No. 1-15202) filed with the Commission
on August 2, 2005).
|
|
(4
|
.13)
|
|
The instruments defining the rights of holders of the other long
term debt securities of the Company are omitted pursuant to
Section (b)(4)(iii)(A) of Item 601 of Regulation S-K. The
Company agrees to furnish supplementally copies of these
instruments to the Commission upon request.
|
|
(10
|
.1)
|
|
W. R. Berkley Corporation 2003 Stock Incentive Plan
(incorporated by reference to Annex A of the Companys 2003
Proxy Statement (File No. 1-15202) filed with the Commission on
April 14, 2003).
|
|
(10
|
.2)
|
|
Form of Restricted Stock Unit Agreement under the W. R. Berkley
Corporation 2003 Stock Incentive Plan (incorporated by reference
to Exhibit 10.2 of the Companys Quarterly Report on Form
10-Q (File No. 1-15202) filed with the Commission on May 3,
2005).
|
|
(10
|
.3)
|
|
Form of Restricted Stock Unit Agreement under the W. R. Berkley
Corporation 2003 Stock Incentive Plan (incorporated by reference
to Exhibit 10.1 of the Companys Quarterly Report on Form
10-Q (File No. 1-15202) filed with the Commission on August
6, 2010).
|
|
(10
|
.4)
|
|
Form of Restricted Stock Unit Agreement for grant of April 4,
2003 (incorporated by reference to Exhibit 10.2 of the
Companys Quarterly Report on Form 10-Q (File No. 1-15202)
filed with the Commission on August 6, 2003).
|
|
(10
|
.5)
|
|
W. R. Berkley Corporation Deferred Compensation Plan for
Officers as amended and restated effective December 3, 2007
(incorporated by reference to Exhibit 10.4 of the Companys
Current Report on Form 8-K (File No. 1-15202) filed with
the Commission on December 19, 2007).
|
|
(10
|
.6)
|
|
W. R. Berkley Corporation Deferred Compensation Plan for
Directors as amended and restated effective December 3, 2007
(incorporated by reference to Exhibit 10.2 of the Companys
Current Report on Form 8-K (File No. 1-15202) filed with
the Commission on December 19, 2007).
|
|
(10
|
.7)
|
|
W. R. Berkley Corporation 2007 Annual Incentive Compensation
Plan (incorporated by reference to Annex A of the Companys
2006 Proxy Statement (File No. 1-15202) filed with the
Commission on April 18, 2006).
|
|
(10
|
.8)
|
|
W. R. Berkley Corporation 2004 Long-Term Incentive Plan
(incorporated by reference to Annex B from the Companys
2004 Proxy Statement (File No. 1-15202) filed with the
Commission on April 12, 2004).
|
|
(10
|
.9)
|
|
W. R. Berkley Corporation 2009 Long-Term Incentive Plan
(incorporated by reference to Annex A of the Companys 2009
Proxy Statement (File No. 1-15202) filed with the Commission on
April 17, 2009).
|
|
(10
|
.10)
|
|
Form of Performance Unit Award Agreement under the W. R. Berkley
Corporation 2004 Long-Term Incentive Plan (incorporated by
reference to Exhibit 10.1 of the Companys Quarterly Report
on Form 10-Q (File No. 1-15202) filed with the Commission
on May 3, 2005).
|
|
(10
|
.11)
|
|
Form of 2008 Performance Unit Award Agreement under the W. R.
Berkley Corporation 2004 Long-Term Incentive Plan (incorporated
by reference to Exhibit 10.1 of the Companys Current
Report on Form 8-K (File No. 1-15202) filed with the Commission
on March 13, 2008).
|
|
(10
|
.12)
|
|
W. R. Berkley Corporation 2009 Directors Stock Plan
(incorporated by reference to Annex B of the Companys 2009
Proxy Statement (File No. 1-15202) filed with the Commission on
April 17, 2009).
|
|
(10
|
.13)
|
|
Supplemental Benefits Agreement between William R. Berkley and
the Company as amended and restated as of December 12, 2008.
|
|
(13)
|
|
|
Portions of the 2010 Annual Report to Stockholders of W. R.
Berkley Corporation that are incorporated by reference in this
Report on Form 10-K.
|
39
|
|
|
|
|
Number
|
|
|
|
|
(14)
|
|
|
Code of Ethics for Senior Financial Officers (incorporated by
reference to Exhibit 14 of the Companys Annual Report on
Form 10-K (File No. 1-15202) filed with the Commission on March
14, 2005).
|
|
(21)
|
|
|
Following is a list of the Companys significant
subsidiaries and other operating entities. Subsidiaries of
subsidiaries are indented and the parent of each such
corporation owns 100% of the outstanding voting securities of
such corporation except as noted below.
|
|
|
|
|
|
|
|
|
|
|
|
Percentage
|
|
|
|
Jurisdiction of
|
|
owned
|
|
|
|
Incorporation
|
|
by the Company(1)
|
|
|
Berkley International, LLC(2)
|
|
New York
|
|
|
100
|
%
|
Berkley Surety Group, Inc.
|
|
Delaware
|
|
|
100
|
%
|
Clermont Specialty Managers, Ltd.
|
|
New Jersey
|
|
|
100
|
%
|
J/I Holding Corporation:
|
|
Delaware
|
|
|
100
|
%
|
Admiral Insurance Company:
|
|
Delaware
|
|
|
100
|
%
|
Admiral Indemnity Company
|
|
Delaware
|
|
|
100
|
%
|
Berkley London Holdings, Inc.(3)
|
|
Delaware
|
|
|
100
|
%
|
W. R. Berkley London Finance, Limited
|
|
United Kingdom
|
|
|
100
|
%
|
W. R. Berkley London Holdings, Limited
|
|
United Kingdom
|
|
|
100
|
%
|
W. R. Berkley Insurance (Europe), Limited
|
|
United Kingdom
|
|
|
100
|
%
|
Carolina Casualty Insurance Company
|
|
Iowa
|
|
|
100
|
%
|
Nautilus Insurance Company:
|
|
Arizona
|
|
|
100
|
%
|
Great Divide Insurance Company
|
|
North Dakota
|
|
|
100
|
%
|
Key Risk Management Services, Inc.
|
|
North Carolina
|
|
|
100
|
%
|
Monitor Liability Managers, Inc.
|
|
Delaware
|
|
|
100
|
%
|
Signet Star Holdings, Inc.:
|
|
Delaware
|
|
|
100
|
%
|
Berkley Insurance Company
|
|
Delaware
|
|
|
100
|
%
|
Berkley Regional Insurance Company
|
|
Delaware
|
|
|
100
|
%
|
Acadia Insurance Company
|
|
New Hampshire
|
|
|
100
|
%
|
Berkley National Insurance Company
|
|
Iowa
|
|
|
100
|
%
|
CGH Insurance Group, Inc
|
|
Alabama
|
|
|
100
|
%
|
American Mining Insurance Company, Inc.
|
|
Alabama
|
|
|
100
|
%
|
Continental Western Insurance Company
|
|
Iowa
|
|
|
100
|
%
|
Firemens Insurance Company of Washington, D.C.
|
|
Delaware
|
|
|
100
|
%
|
Tri-State Insurance Company of Minnesota
|
|
Minnesota
|
|
|
100
|
%
|
Union Insurance Company
|
|
Iowa
|
|
|
100
|
%
|
Key Risk Insurance Company
|
|
North Carolina
|
|
|
100
|
%
|
Midwest Employers Casualty Company:
|
|
Delaware
|
|
|
100
|
%
|
Berkley Risk Administrators Company, LLC
|
|
Minnesota
|
|
|
100
|
%
|
Preferred Employers Insurance Company
|
|
California
|
|
|
100
|
%
|
Gemini Insurance Company
|
|
Delaware
|
|
|
100
|
%
|
Riverport Insurance Company
|
|
Minnesota
|
|
|
100
|
%
|
StarNet Insurance Company
|
|
Delaware
|
|
|
100
|
%
|
Facultative ReSources, Inc.
|
|
Connecticut
|
|
|
100
|
%
|
40
|
|
|
1) |
|
W. R. Berkley Corporation is the ultimate parent. The subsidiary
of a direct parent is indicated by an indentation, and its
percentage ownership is as indicated in this column. |
|
2) |
|
Berkley International, LLC is held by W. R. Berkley Corporation
and its subsidiaries as follows: W. R. Berkley
Corporation (2%), Admiral Insurance Company (35%), Berkley
Regional Insurance Company (14%), Nautilus Insurance Company
(14%) and Berkley Insurance Company (35%). |
|
3) |
|
Held by Admiral Insurance Company (66.67%) and Berkley Insurance
Company (33.33%) |
|
(23) |
|
Consent of Independent Registered Public Accounting Firm |
|
(31.1) |
|
Certification of the Chief Executive Officer pursuant to
Rule 13a-14(a)/
15d-14(a). |
|
(31.2) |
|
Certification of the Chief Financial Officer pursuant to
Rule 13a-14(a)/
15d-14(a). |
|
(32.1) |
|
Certification of the Chief Executive Officer and Chief Financial
Officer pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
41
Report
of Independent Registered Public Accounting Firm
The Board of Directors and Stockholders
W. R. Berkley Corporation:
Under date of February 28, 2011, we reported on the
consolidated balance sheets of W. R. Berkley Corporation and
subsidiaries (the Company) as of December 31,
2010 and 2009, and the related consolidated statements of
income, stockholders equity, comprehensive income (loss),
and cash flows for each of the years in the three-year period
ended December 31, 2010, as contained in the 2010 Annual
Report to Stockholders. These consolidated financial statements
and our report thereon are incorporated by reference in the
December 31, 2010 Annual Report on
Form 10-K
for the year 2010. In connection with our audits of the
aforementioned consolidated financial statements, we also
audited the related consolidated financial statement schedules.
These financial statement schedules are the responsibility of
the Companys management. Our responsibility is to express
an opinion on these financial statement schedules based on our
audits.
In our opinion, such financial statement schedules, when
considered in relation to the basic consolidated financial
statements taken as a whole, present fairly, in all material
respects, the information set forth therein.
KPMG LLP
New York, New York
February 28, 2011
42
Schedule
Condensed Financial Information of Registrant
Schedule II
W. R.
Berkley Corporation
Condensed Financial Information of Registrant
Balance Sheets (Parent Company)
|
|
|
|
|
|
|
|
|
|
|
December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
|
(Amounts in thousands)
|
|
|
Assets:
|
|
|
|
|
|
|
|
|
Cash and cash equivalents
|
|
$
|
29,476
|
|
|
$
|
117,648
|
|
Fixed maturity securities available for sale at fair value (cost
$244,804 and $303,203 in 2010 and 2009, respectively)
|
|
|
246,275
|
|
|
|
302,898
|
|
Equity securities available for sale, at fair value (cost $0 in
2010 and 2009)
|
|
|
109,748
|
|
|
|
97,525
|
|
Investment in subsidiaries
|
|
|
5,261,686
|
|
|
|
4,748,256
|
|
Deferred Federal income taxes
|
|
|
80,861
|
|
|
|
202,159
|
|
Current Federal income taxes
|
|
|
19,163
|
|
|
|
|
|
Real estate, furniture and equipment at cost, less accumulated
depreciation
|
|
|
6,431
|
|
|
|
6,063
|
|
Other assets
|
|
|
7,969
|
|
|
|
2,769
|
|
|
|
|
|
|
|
|
|
|
Total assets
|
|
$
|
5,761,609
|
|
|
$
|
5,477,318
|
|
|
|
|
|
|
|
|
|
|
Liabilities and stockholders equity
|
|
|
|
|
|
|
|
|
Liabilities:
|
|
|
|
|
|
|
|
|
Due to subsidiaries
|
|
$
|
189,499
|
|
|
$
|
143,917
|
|
Other liabilities
|
|
|
161,666
|
|
|
|
149,275
|
|
Current Federal income taxes
|
|
|
|
|
|
|
28,707
|
|
Junior subordinated debentures
|
|
|
242,784
|
|
|
|
242,580
|
|
Senior notes
|
|
|
1,464,784
|
|
|
|
1,316,772
|
|
|
|
|
|
|
|
|
|
|
Total liabilities
|
|
|
2,058,733
|
|
|
|
1,881,251
|
|
|
|
|
|
|
|
|
|
|
Stockholders equity:
|
|
|
|
|
|
|
|
|
Preferred stock
|
|
|
|
|
|
|
|
|
Common stock
|
|
|
47,024
|
|
|
|
47,024
|
|
Additional paid-in capital
|
|
|
935,099
|
|
|
|
926,359
|
|
Retained earnings (including accumulated undistributed net
income of subsidiaries of $3,305,654 and $2,936,834 in 2010 and
2009, respectively)
|
|
|
4,194,684
|
|
|
|
3,785,187
|
|
Accumulated other comprehensive income
|
|
|
276,563
|
|
|
|
163,207
|
|
Treasury stock, at cost
|
|
|
(1,750,494
|
)
|
|
|
(1,325,710
|
)
|
|
|
|
|
|
|
|
|
|
Total stockholders equity
|
|
|
3,702,876
|
|
|
|
3,596,067
|
|
|
|
|
|
|
|
|
|
|
Total liabilities and stockholders equity
|
|
$
|
5,761,609
|
|
|
$
|
5,477,318
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm and note to condensed financial statements.
43
Schedule II,
Continued
W. R.
Berkley Corporation
Condensed Financial Information of
Registrant (Continued)
Statements
of Income (Parent Company)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
|
(Amounts in thousands)
|
|
|
Management fees and investment income including dividends from
subsidiaries of $405,917, $150,545 and $568,634 for 2010, 2009
and 2008, respectively
|
|
$
|
411,623
|
|
|
$
|
159,361
|
|
|
$
|
580,969
|
|
Net investment gains (losses)
|
|
|
(1,891
|
)
|
|
|
20,961
|
|
|
|
(601
|
)
|
Other income
|
|
|
158
|
|
|
|
206
|
|
|
|
382
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total revenues
|
|
|
409,890
|
|
|
|
180,528
|
|
|
|
580,750
|
|
Operating costs and expense
|
|
|
117,658
|
|
|
|
88,276
|
|
|
|
93,794
|
|
Interest expense
|
|
|
105,510
|
|
|
|
87,054
|
|
|
|
83,770
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income before federal income taxes
|
|
|
186,722
|
|
|
|
5,198
|
|
|
|
403,186
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal income taxes:
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal income taxes provided by subsidiaries on a separate
return basis
|
|
|
28,377
|
|
|
|
117,133
|
|
|
|
140,108
|
|
Federal income tax expense on a consolidated return basis
|
|
|
(138,389
|
)
|
|
|
(58,644
|
)
|
|
|
(12,560
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net benefit (expense)
|
|
|
(110,012
|
)
|
|
|
58,489
|
|
|
|
127,548
|
|
Income before undistributed equity in net income (loss) of
subsidiaries
|
|
|
76,710
|
|
|
|
63,687
|
|
|
|
530,734
|
|
Equity in undistributed net income (loss) of subsidiaries
|
|
|
372,577
|
|
|
|
245,370
|
|
|
|
(249,593
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income
|
|
$
|
449,287
|
|
|
$
|
309,057
|
|
|
$
|
281,141
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm and note to condensed financial statements.
44
Schedule II,
Continued
W. R.
Berkley Corporation
Condensed Financial Information of
Registrant (Continued)
Statements
of Cash Flows (Parent Company)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31,
|
|
|
|
2010
|
|
|
2009
|
|
|
2008
|
|
|
|
(Amounts in thousands)
|
|
|
Cash flows from operating activities:
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income
|
|
$
|
449,287
|
|
|
$
|
309,057
|
|
|
$
|
281,141
|
|
Adjustments to reconcile net income to net cash from operating
activities:
|
|
|
|
|
|
|
|
|
|
|
|
|
Net investment (gains) losses
|
|
|
1,891
|
|
|
|
(20,961
|
)
|
|
|
601
|
|
Depreciation and amortization
|
|
|
3,963
|
|
|
|
2,279
|
|
|
|
2,488
|
|
Equity in undistributed (earnings) losses of subsidiaries
|
|
|
(372,577
|
)
|
|
|
(245,370
|
)
|
|
|
249,593
|
|
Tax payments received from subsidiaries
|
|
|
106,284
|
|
|
|
103,356
|
|
|
|
273,172
|
|
Federal income taxes provided by subsidiaries on a separate
return basis
|
|
|
(28,377
|
)
|
|
|
(117,133
|
)
|
|
|
(140,108
|
)
|
Stock incentive plans
|
|
|
26,318
|
|
|
|
24,078
|
|
|
|
23,991
|
|
Change in:
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal income taxes
|
|
|
29,332
|
|
|
|
62,753
|
|
|
|
(149,139
|
)
|
Other assets
|
|
|
16,430
|
|
|
|
(381
|
)
|
|
|
(877
|
)
|
Other liabilities
|
|
|
11,467
|
|
|
|
11,661
|
|
|
|
(23,310
|
)
|
Accrued investment income
|
|
|
(2,776
|
)
|
|
|
(137
|
)
|
|
|
3,099
|
|
Other, net
|
|
|
|
|
|
|
(603
|
)
|
|
|
691
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net cash from operating activities
|
|
|
241,242
|
|
|
|
128,599
|
|
|
|
521,342
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash from (used in) investing activities:
|
|
|
|
|
|
|
|
|
|
|
|
|
Proceeds from sales of fixed maturity securities
|
|
|
164,920
|
|
|
|
29,355
|
|
|
|
197,621
|
|
Proceeds from maturities and prepayments of
|
|
|
|
|
|
|
|
|
|
|
|
|
fixed maturity securities
|
|
|
85,695
|
|
|
|
47,133
|
|
|
|
43,912
|
|
Proceeds from sales of equity securities
|
|
|
3
|
|
|
|
17,897
|
|
|
|
|
|
Cost of purchases of fixed maturity securities
|
|
|
(195,646
|
)
|
|
|
(353,944
|
)
|
|
|
(44,589
|
)
|
Investment in funds
|
|
|
0
|
|
|
|
5,204
|
|
|
|
(213
|
)
|
Investments in and advances to subsidiaries, net
|
|
|
(18,685
|
)
|
|
|
(29,179
|
)
|
|
|
(44,771
|
)
|
Change in balance due to security broker
|
|
|
(8,500
|
)
|
|
|
14,483
|
|
|
|
|
|
Net additions to real estate, furniture & equipment
|
|
|
(1,212
|
)
|
|
|
(224
|
)
|
|
|
(263
|
)
|
Other, net
|
|
|
|
|
|
|
1
|
|
|
|
780
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net cash from (used in) investing activities
|
|
|
26,575
|
|
|
|
(269,274
|
)
|
|
|
152,477
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash from (used in) financing activities:
|
|
|
|
|
|
|
|
|
|
|
|
|
Net proceeds from issuance of senior notes
|
|
|
296,636
|
|
|
|
297,461
|
|
|
|
|
|
Net proceeds from stock options exercised
|
|
|
17,730
|
|
|
|
5,426
|
|
|
|
14,806
|
|
Repayment of senior notes
|
|
|
(150,000
|
)
|
|
|
|
|
|
|
(88,745
|
)
|
Purchase of common treasury shares
|
|
|
(471,007
|
)
|
|
|
(147,144
|
)
|
|
|
(553,284
|
)
|
Cash dividends to common stockholders
|
|
|
(49,348
|
)
|
|
|
(28,843
|
)
|
|
|
(46,978
|
)
|
Other, net
|
|
|
|
|
|
|
|
|
|
|
7
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net cash from (used in) financing activities
|
|
|
(355,989
|
)
|
|
|
126,900
|
|
|
|
(674,194
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net decrease in cash and cash equivalents
|
|
|
(88,172
|
)
|
|
|
(13,775
|
)
|
|
|
(375
|
)
|
Cash and cash equivalents at beginning of year
|
|
|
117,648
|
|
|
|
131,423
|
|
|
|
131,798
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash and cash equivalents at end of year
|
|
$
|
29,476
|
|
|
$
|
117,648
|
|
|
$
|
131,423
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm and note to condensed financial statements.
45
Schedule II,
Continued
W. R.
Berkley Corporation
Condensed Financial Information of
Registrant (Continued)
December 31, 2010
Note
to Condensed Financial Statements (Parent Company)
The accompanying condensed financial statements should be read
in conjunction with the notes to consolidated financial
statements included elsewhere herein. Reclassifications have
been made in the 2009 and 2008 financial statements as
originally reported to conform them to the presentation of the
2010 financial statements.
The Company files a consolidated federal tax return with the
results of its domestic insurance subsidiaries included on a
statutory basis. Under present Company policy, federal income
taxes payable by subsidiary companies on a separate-return basis
are paid to W. R. Berkley Corporation, and the Company pays the
tax due on a consolidated return basis.
46
Schedule III
W. R.
Berkley Corporation and Subsidiaries
Supplementary
Insurance Information
December 31,
2010, 2009 and 2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income and
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferrred
|
|
|
|
|
|
|
|
|
|
|
|
Income (Loss)
|
|
|
|
|
|
Amortization of
|
|
|
|
|
|
|
|
|
|
Policy
|
|
|
Reserve for
|
|
|
|
|
|
|
|
|
from
|
|
|
|
|
|
Deferred Policy
|
|
|
Other
|
|
|
Net
|
|
|
|
Acquisition
|
|
|
Losses and
|
|
|
Unearned
|
|
|
Premiums
|
|
|
Investment
|
|
|
Loss and Loss
|
|
|
Acquisition
|
|
|
Operating Cost
|
|
|
Premiums
|
|
|
|
Cost
|
|
|
Loss Expenses
|
|
|
Premiums
|
|
|
Earned
|
|
|
Funds
|
|
|
Expenses
|
|
|
Cost
|
|
|
and Expenses
|
|
|
Written
|
|
|
|
|
|
|
(Amounts in thousands)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
December 31, 2010
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
122,440
|
|
|
$
|
3,186,769
|
|
|
$
|
693,358
|
|
|
$
|
1,288,373
|
|
|
$
|
180,063
|
|
|
$
|
750,831
|
|
|
$
|
263,279
|
|
|
$
|
160,811
|
|
|
$
|
1,311,831
|
|
Regional
|
|
|
139,289
|
|
|
|
1,378,936
|
|
|
|
530,672
|
|
|
|
1,066,922
|
|
|
|
82,411
|
|
|
|
647,986
|
|
|
|
293,690
|
|
|
|
93,418
|
|
|
|
1,044,347
|
|
Alternative markets
|
|
|
33,471
|
|
|
|
2,355,007
|
|
|
|
261,858
|
|
|
|
608,191
|
|
|
|
123,309
|
|
|
|
410,873
|
|
|
|
92,364
|
|
|
|
128,829
|
|
|
|
582,045
|
|
Reinsurance
|
|
|
56,834
|
|
|
|
1,591,397
|
|
|
|
203,430
|
|
|
|
419,356
|
|
|
|
103,079
|
|
|
|
220,230
|
|
|
|
129,508
|
|
|
|
42,775
|
|
|
|
401,239
|
|
International
|
|
|
53,908
|
|
|
|
504,440
|
|
|
|
264,403
|
|
|
|
452,740
|
|
|
|
32,794
|
|
|
|
279,947
|
|
|
|
138,376
|
|
|
|
46,037
|
|
|
|
511,464
|
|
Corporate and adjustments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
8,869
|
|
|
|
|
|
|
|
|
|
|
|
314,841
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
405,942
|
|
|
$
|
9,016,549
|
|
|
$
|
1,953,721
|
|
|
$
|
3,835,582
|
|
|
$
|
530,525
|
|
|
$
|
2,309,867
|
|
|
$
|
917,217
|
|
|
$
|
786,711
|
|
|
$
|
3,850,926
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
December 31, 2009
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
116,234
|
|
|
$
|
3,210,479
|
|
|
$
|
662,972
|
|
|
$
|
1,354,355
|
|
|
$
|
125,351
|
|
|
$
|
838,894
|
|
|
$
|
297,388
|
|
|
$
|
126,078
|
|
|
$
|
1,260,451
|
|
Regional
|
|
|
142,249
|
|
|
|
1,440,158
|
|
|
|
554,426
|
|
|
|
1,116,871
|
|
|
|
57,530
|
|
|
|
686,093
|
|
|
|
289,973
|
|
|
|
94,982
|
|
|
|
1,081,100
|
|
Alternative markets
|
|
|
34,443
|
|
|
|
2,221,488
|
|
|
|
287,031
|
|
|
|
597,932
|
|
|
|
83,719
|
|
|
|
378,961
|
|
|
|
89,432
|
|
|
|
137,415
|
|
|
|
589,637
|
|
Reinsurance
|
|
|
60,219
|
|
|
|
1,787,006
|
|
|
|
225,209
|
|
|
|
411,511
|
|
|
|
75,505
|
|
|
|
238,075
|
|
|
|
127,446
|
|
|
|
35,137
|
|
|
|
423,425
|
|
International
|
|
|
38,215
|
|
|
|
412,540
|
|
|
|
198,790
|
|
|
|
325,180
|
|
|
|
26,767
|
|
|
|
194,684
|
|
|
|
98,915
|
|
|
|
35,629
|
|
|
|
375,482
|
|
Corporate and adjustments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10,136
|
|
|
|
|
|
|
|
|
|
|
|
291,857
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
391,360
|
|
|
$
|
9,071,671
|
|
|
$
|
1,928,428
|
|
|
$
|
3,805,849
|
|
|
$
|
379,008
|
|
|
$
|
2,336,707
|
|
|
$
|
903,154
|
|
|
$
|
721,098
|
|
|
$
|
3,730,095
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
December 31, 2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
136,845
|
|
|
$
|
3,177,194
|
|
|
$
|
731,409
|
|
|
$
|
1,618,915
|
|
|
$
|
188,120
|
|
|
$
|
972,729
|
|
|
$
|
343,354
|
|
|
$
|
119,301
|
|
|
$
|
1,453,778
|
|
Regional
|
|
|
144,126
|
|
|
|
1,443,136
|
|
|
|
592,153
|
|
|
|
1,237,258
|
|
|
|
80,538
|
|
|
|
809,525
|
|
|
|
313,483
|
|
|
|
86,068
|
|
|
|
1,211,096
|
|
Alternative markets
|
|
|
35,281
|
|
|
|
2,140,839
|
|
|
|
305,177
|
|
|
|
626,858
|
|
|
|
105,674
|
|
|
|
393,004
|
|
|
|
90,475
|
|
|
|
146,264
|
|
|
|
622,185
|
|
Reinsurance
|
|
|
52,663
|
|
|
|
1,924,315
|
|
|
|
210,388
|
|
|
|
519,717
|
|
|
|
116,046
|
|
|
|
336,478
|
|
|
|
150,895
|
|
|
|
30,444
|
|
|
|
435,108
|
|
International
|
|
|
25,892
|
|
|
|
314,112
|
|
|
|
127,023
|
|
|
|
286,832
|
|
|
|
35,184
|
|
|
|
176,925
|
|
|
|
100,332
|
|
|
|
(8,186
|
)
|
|
|
311,732
|
|
Corporate and adjustments
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
7,918
|
|
|
|
|
|
|
|
|
|
|
|
102,735
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
394,807
|
|
|
$
|
8,999,596
|
|
|
$
|
1,966,150
|
|
|
$
|
4,289,580
|
|
|
$
|
533,480
|
|
|
$
|
2,688,661
|
|
|
$
|
998,539
|
|
|
$
|
476,626
|
|
|
$
|
4,033,899
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm.
47
Reinsurance A
Schedule IV
W. R.
Berkley Corporation and Subsidiaries
Reinsurance
Years
ended December 31, 2010, 2009 and 2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Percentage
|
|
|
|
|
|
|
Ceded
|
|
|
Assumed
|
|
|
|
|
|
of Amount
|
|
|
|
Direct
|
|
|
to Other
|
|
|
from Other
|
|
|
Net
|
|
|
Assumed
|
|
|
|
Amount
|
|
|
Companies
|
|
|
Companies
|
|
|
Amount
|
|
|
to Net
|
|
|
|
(Amounts in thousands)
|
|
|
Year ended December 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
1,492,589
|
|
|
$
|
214,025
|
|
|
$
|
33,267
|
|
|
$
|
1,311,831
|
|
|
|
2.5
|
%
|
Regional
|
|
|
1,155,970
|
|
|
|
115,789
|
|
|
|
4,166
|
|
|
|
1,044,347
|
|
|
|
0.4
|
%
|
Alternative markets
|
|
|
619,832
|
|
|
|
120,672
|
|
|
|
82,885
|
|
|
|
582,045
|
|
|
|
14.2
|
%
|
Reinsurance
|
|
|
3,803
|
|
|
|
24,058
|
|
|
|
421,494
|
|
|
|
401,239
|
|
|
|
105.0
|
%
|
International
|
|
|
516,057
|
|
|
|
90,607
|
|
|
|
86,014
|
|
|
|
511,464
|
|
|
|
16.8
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
3,788,251
|
|
|
$
|
565,151
|
|
|
$
|
627,826
|
|
|
$
|
3,850,926
|
|
|
|
16.3
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year ended December 31, 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
1,443,728
|
|
|
$
|
203,754
|
|
|
$
|
20,477
|
|
|
$
|
1,260,451
|
|
|
|
1.6
|
%
|
Regional
|
|
|
1,217,365
|
|
|
|
148,686
|
|
|
|
12,421
|
|
|
|
1,081,100
|
|
|
|
1.1
|
%
|
Alternative markets
|
|
|
567,767
|
|
|
|
75,112
|
|
|
|
96,982
|
|
|
|
589,637
|
|
|
|
16.4
|
%
|
Reinsurance
|
|
|
8,638
|
|
|
|
32,543
|
|
|
|
447,330
|
|
|
|
423,425
|
|
|
|
105.6
|
%
|
International
|
|
|
362,338
|
|
|
|
63,249
|
|
|
|
76,393
|
|
|
|
375,482
|
|
|
|
20.3
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
3,599,836
|
|
|
$
|
523,344
|
|
|
$
|
653,603
|
|
|
$
|
3,730,095
|
|
|
|
17.5
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year ended December 31, 2008:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Specialty
|
|
$
|
1,577,196
|
|
|
$
|
136,557
|
|
|
$
|
13,139
|
|
|
$
|
1,453,778
|
|
|
|
0.9
|
%
|
Regional
|
|
|
1,370,381
|
|
|
|
174,695
|
|
|
|
15,410
|
|
|
|
1,211,096
|
|
|
|
1.3
|
%
|
Alternative markets
|
|
|
604,970
|
|
|
|
93,794
|
|
|
|
111,009
|
|
|
|
622,185
|
|
|
|
17.8
|
%
|
Reinsurance
|
|
|
4,965
|
|
|
|
23,560
|
|
|
|
453,703
|
|
|
|
435,108
|
|
|
|
104.3
|
%
|
International
|
|
|
340,976
|
|
|
|
57,621
|
|
|
|
28,377
|
|
|
|
311,732
|
|
|
|
9.1
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
3,898,488
|
|
|
$
|
486,227
|
|
|
$
|
621,638
|
|
|
$
|
4,033,899
|
|
|
|
15.4
|
%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm.
48
Schedule V
W. R.
Berkley Corporation and Subsidiaries
Valuation
and Qualifying Accounts
Years
ended December 31, 2010, 2009 and 2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Additions-
|
|
|
Deduction-
|
|
|
|
|
|
|
Opening
|
|
|
Charged to
|
|
|
Amounts
|
|
|
Ending
|
|
|
|
Balance
|
|
|
Expense
|
|
|
Written Off
|
|
|
Balance
|
|
|
|
(Amounts in thousands)
|
|
|
Year ended December 31, 2010:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Premiums and fees receivable
|
|
$
|
19,733
|
|
|
$
|
5,013
|
|
|
$
|
(5,263
|
)
|
|
$
|
19,483
|
|
Due from reinsurers
|
|
|
4,430
|
|
|
|
|
|
|
|
(1,332
|
)
|
|
|
3,098
|
|
Deferred federal and foreign income taxes
|
|
|
2,226
|
|
|
|
102
|
|
|
|
|
|
|
|
2,328
|
|
Loan loss reserves
|
|
|
13,847
|
|
|
|
6,235
|
|
|
|
(140
|
)
|
|
|
19,942
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
40,236
|
|
|
$
|
11,350
|
|
|
$
|
(6,735
|
)
|
|
$
|
44,851
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year ended December 31, 2009:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Premiums and fees receivable
|
|
$
|
18,423
|
|
|
$
|
9,593
|
|
|
$
|
(8,283
|
)
|
|
$
|
19,733
|
|
Due from reinsurers
|
|
|
4,895
|
|
|
|
|
|
|
|
(465
|
)
|
|
|
4,430
|
|
Deferred federal and foreign income taxes
|
|
|
3,113
|
|
|
|
|
|
|
|
(887
|
)
|
|
|
2,226
|
|
Loan loss reserves
|
|
|
735
|
|
|
|
13,112
|
|
|
|
|
|
|
|
13,847
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
27,166
|
|
|
$
|
22,705
|
|
|
$
|
(9,635
|
)
|
|
$
|
40,236
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Year ended December 31, 2008:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Premiums and fees receivable
|
|
$
|
18,252
|
|
|
$
|
8,483
|
|
|
$
|
(8,312
|
)
|
|
$
|
18,423
|
|
Due from reinsurers
|
|
|
2,859
|
|
|
|
2,036
|
|
|
|
|
|
|
|
4,895
|
|
Deferred federal and foreign income taxes
|
|
|
2,018
|
|
|
|
1,095
|
|
|
|
|
|
|
|
3,113
|
|
Loan loss reserves
|
|
|
671
|
|
|
|
64
|
|
|
|
|
|
|
|
735
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
23,800
|
|
|
$
|
11,678
|
|
|
$
|
(8,312
|
)
|
|
$
|
27,166
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
See accompanying Report of Independent Registered Public
Accounting Firm.
49
Supplementary Information Concerning Property-Casualty Insurance Operations
Schedule VI
W. R.
Berkley Corporation and Subsidiaries
Supplementary
Information Concerning Property-Casualty Insurance Operations
Years
Ended December 31, 2010, 2009 and 2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2010
|
|
2009
|
|
2008
|
|
|
(Amounts in thousands)
|
|
Deferred policy acquisition costs
|
|
$
|
405,942
|
|
|
$
|
391,360
|
|
|
$
|
394,807
|
|
Reserves for losses and loss expenses
|
|
|
9,016,549
|
|
|
|
9,071,671
|
|
|
|
8,999,596
|
|
Unearned premium
|
|
|
1,953,721
|
|
|
|
1,928,428
|
|
|
|
1,966,150
|
|
Premiums earned
|
|
|
3,835,582
|
|
|
|
3,805,849
|
|
|
|
4,289,580
|
|
Net investment income
|
|
|
538,698
|
|
|
|
552,561
|
|
|
|
537,033
|
|
Losses and loss expenses incurred:
|
|
|
|
|
|
|
|
|
|
|
|
|
Current year
|
|
|
2,509,933
|
|
|
|
2,518,849
|
|
|
|
2,829,830
|
|
Prior years
|
|
|
(253,248
|
)
|
|
|
(234,008
|
)
|
|
|
(195,710
|
)
|
Decrease in discount for prior years
|
|
|
53,182
|
|
|
|
51,866
|
|
|
|
54,494
|
|
Amortization of deferred policy acquisition costs
|
|
|
917,217
|
|
|
|
903,154
|
|
|
|
998,539
|
|
Paid losses and loss expenses
|
|
|
2,453,077
|
|
|
|
2,333,631
|
|
|
|
2,303,056
|
|
Net premiums written
|
|
|
3,850,926
|
|
|
|
3,730,095
|
|
|
|
4,033,899
|
|
See accompanying Report of Independent Registered Public
Accounting Firm.
50