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Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at www.iii.org/presentations Robert P. Hartwig, Ph.D., CPCU, President & Economist Insurance Information Institute 110 William Street New York, NY 10038 Tel: 212.346.5520 Cell: 917.453.1885 [email protected]

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Page 1: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Compensation: Overview, Outlook and Review of Critical

Issues

Insurance Information InstituteMarch 29, 2012

Download at www.iii.org/presentationsRobert P. Hartwig, Ph.D., CPCU, President & Economist

Insurance Information Institute 110 William Street New York, NY 10038Tel: 212.346.5520 Cell: 917.453.1885 [email protected] www.iii.org

Page 2: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

2

Presentation Outline

Summary of P/C Financial Performance Profitability Underwriting Performance & Financial Strength Premium Growth Capital/Capacity Investments

Workers Compensation Operating Environment US and California Comparisons

Workers Compensation in the Aftermath of the “Great Recession” Economic Growth: US and CA Labor Market Analysis Impacts for Workers Compensation

Regulatory Update Dodd-Frank Implementation Federal Insurance Office: Status Update

Healthcare Reform: An Update and Implications for Workers Compensation Implementation Timetable for Key Provisions Medicare Issues Challenges to the PPACA (“ObamaCare”) & Supreme Court Hearings

Q&A

Page 3: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

3

P/C Insurance Industry Financial Overview

Profit Recovery Was Set Back in 2011 by High Catastrophe

Loss & Other Factors

3

Page 4: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

P/C Net Income After Taxes1991–2011:Q3 ($ Millions)

$1

4,1

78

$5

,84

0

$1

9,3

16

$1

0,8

70

$2

0,5

98

$2

4,4

04 $

36

,81

9

$3

0,7

73

$2

1,8

65

$3

,04

6

$3

0,0

29

$6

2,4

96

$3

,04

3

$3

4,6

70

$7

,97

9

$2

8,6

72

-$6,970

$6

5,7

77

$4

4,1

55

$2

0,5

59

$3

8,5

01

-$10,000

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

$70,000

$80,000

91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11*

2005 ROE*= 9.6% 2006 ROE = 12.7% 2007 ROE = 10.9% 2008 ROE = 0.1% 2009 ROE = 5.0% 2010 ROE = 5.6% 2011:Q3 ROAS1 = 1.9%

P-C Industry 2011:Q3 profits were down 71% to $8.0B vs. 2010:Q3,

due primarily to high catastrophe losses and as non-cat

underwriting results deteriorated

* ROE figures are GAAP; 1Return on avg. surplus. Excluding Mortgage & Financial Guaranty insurers yields a 3.0% ROAS for 2011:Q3, 7.5% for 2010 and 7.4% for 2009.Sources: A.M. Best, ISO, Insurance Information Institute 4

Page 5: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

A 100 Combined Ratio Isn’t What ItOnce Was: Investment Impact on ROEs

Combined Ratio / ROE

* 2008 -2010 figures are return on average surplus and exclude mortgage and financial guaranty insurers. 2011-12 combined ratios are A.M. Best estimate excl. M&FG insurers. Source: Insurance Information Institute from A.M. Best and ISO data.

97.5

100.6 100.1 100.8

92.7

101.099.3

100.8102.0

107.5

95.7

6.1%

3.9%

7.5%7.4%4.4%

9.6%

15.9%

14.3%

12.7% 10.9%

8.8%

80

85

90

95

100

105

110

1978 1979 2003 2005 2006 2007 2008 2009 2010 2011E 2012F0%

3%

6%

9%

12%

15%

18%

Combined Ratio ROE*

Combined Ratios Must Be Lower in Today’s DepressedInvestment Environment to Generate Risk Appropriate ROEs

A combined ratio of about 100 generated ~7.5% ROE in 2009/10,

10% in 2005 and 16% in 1979

5

Page 6: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

-5%

0%

5%

10%

15%

20%

25%

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

00

01

02

03

04

05

06

07

08

09

10

11

*1

2

Profitability Peaks & Troughs in the P/C Insurance Industry, 1975 – 2012F*

*Profitability = P/C insurer ROEs. 2011-12 figures are A.M. Best estimates. Note: Data for 2008-2012 exclude mortgage and financial guaranty insurers. For 2011:Q3 ROAS = 1.9% including M&FG.Source: Insurance Information Institute; NAIC, ISO, A.M. Best.

1977:19.0% 1987:17.3%

1997:11.6%2006:12.7%

1984: 1.8% 1992: 4.5% 2001: -1.2%

10 Years

10 Years9 Years

2012F: 6.1%*

History suggests next ROE peak will be in 2016-2017

ROE

1975: 2.4%

2011E: 3.9%

6

Page 7: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

7

ROE: Property/Casualty Insurance vs. Fortune 500, 1987–2011*

* Excludes Mortgage & Financial Guarantee in 2008 - 2011.Sources: ISO, Fortune; A.M. Best (2011 P/C ROE); Insurance Information Institute (2011 Fortune 500 est.)

-5%

0%

5%

10%

15%

20%

87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11E

P/C Profitability Is Both by Cyclicality and Ordinary Volatility

Hugo

Andrew

Northridge

Lowest CAT Losses in 15 Years

Sept. 11

Katrina, Rita, Wilma

4 Hurricanes

Financial Crisis*

(Percent)

Page 8: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

8

ROE vs. Equity Cost of Capital:U.S. P/C Insurance:1991-2011*

* Return on average surplus used as proxy for ROE in 2008-2010 and excluding mortgage and financial guaranty insurers for these years. 2011 figure is A.M. Best ROE estimate. Change in model methodology in 2011 increased cost of capital by approximately 90 basis points.Source: The Geneva Association, Insurance Information Institute

-2%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08* 09* 10* 11*

ROE Cost of Capital

-13

.2 p

ts +1

.7 p

ts

+2

.3 p

ts

-9.0

pts

-6.4

pts

-3.2

pts

The P/C Insurance Industry Fell WellShort of Its Cost of Capital Every Year Since 2008

US P/C Insurers Missed Their Cost of Capital by an Average 6.7 Points from 1991 to 2002, but on Target or Better

2003-07, Fell Short in 2008-2010

The Cost of Capital is the Rate of Return Insurers Need to

Attract and Retain Capital to the Business

(Percent)

-2.9

pts

-8.0

pts

8

Page 9: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

The BIG Question:When Will the Market Turn?

10

Are Catastrophes and Other Factors Pressuring Insurance Markets?

10

Page 10: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

11

Criteria Necessary for a “Market Turn”:All Four Criteria Must Be Met

Criteria Status Comments

Sustained Period of

Large Underwriting

LossesEarly Stage,

Inevitable

•Apart from 2011 CAT losses, overall p/c underwriting losses remain modest•Combined ratios (ex-CATs) still in low 100s (vs. 110+ at onset of last hard market)•Prior-year reserve releases continue to reduce u/w losses, boost ROEs, though more modestly

Material Decline in Surplus/ Capacity

Entered 2011 At Record

High; Since Fallen

•Surplus hit a record $565B as of 3/31/11•Fell by 4.6% through 9/30/11 (latest available)•Little excess capacity remains in reinsurance markets•Weak growth in demand for insurance is insufficient to absorb much excess capacity

Tight Reinsurance

MarketSomewhat in

Place

•Much of the global “excess capacity” was eroded by cats•Higher prices in Asia/Pacific•Modestly higher pricing for US risks

Renewed Underwriting

& Pricing Discipline

Some Firming esp. in

Property, WC

•Commercial lines pricing trends have turned from negative to flat or up in some lines (property, WC); Casualty is flat.•Competition remains intense as many seek to maintain market share

Sources: Barclays Capital; Insurance Information Institute.

Page 11: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

P/C UNDERWRITING TRENDS

12

Have Underwriting Losses Been Large Enough for Long Enough to Turn the Market?

12

Page 12: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

13

P/C Insurance Industry Combined Ratio, 2001–2011:Q3*

* Excludes Mortgage & Financial Guaranty insurers 2008--2011. Including M&FG, 2008=105.1, 2009=100.7, 2010=102.4, 2011=109.9 Sources: A.M. Best, ISO.

95.7

99.3100.8

108.2

101.0

92.6

100.898.4

100.1

107.5

115.8

90

100

110

120

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011*

Best Combined

Ratio Since 1949 (87.6)

As Recently as 2001, Insurers Paid Out

Nearly $1.16 for Every $1 in Earned

Premiums

Relatively Low CAT Losses, Reserve Releases

Cyclical Deterioration

Heavy Use of Reinsurance Lowered Net

Losses

Relatively Low CAT Losses, Reserve Releases

Avg. CAT Losses,

More Reserve Releases

Higher CAT

Losses, Shrinking Reserve

Releases, Toll of Soft

Market

Page 13: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Underwriting Gain (Loss)1975–2011*

* Includes mortgage and financial guaranty insurers in all yearsSources: A.M. Best, ISO; Insurance Information Institute.

Large Underwriting Losses Are NOT Sustainable in Current Investment Environment

-$55

-$45

-$35

-$25

-$15

-$5

$5

$15

$25

$35

75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 1011*

Cumulative underwriting deficit from 1975 through

2010 is $455B

($ Billions)Underwriting losses in

2011 at $34.9

through Q3 will be

largest since 2001

14

Page 14: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

16

2

(2)

(8)

(3)

(7)(10) (10)

(4)

(0)

11

24

15

119

(5)

(9)

(14)

(10) (11)(7)

(5)(2)

-$20

-$15

-$10

-$5

$0

$5

$10

$15

$20

$25

$309

2

93

94

95

96

97

98

99

00

01

02

03

04

05

06

07

08

09

10

11

E

12

F

13

F

Pri

or

Yr.

Re

se

rve

Re

lea

se

($

B)

-6

-4

-2

0

2

4

6

8 Imp

ac

t on

Co

mb

ine

d R

atio

(Po

ints

)

Prior Yr. ReserveDevelopment ($B)

Impact onCombined Ratio(Points)

P/C Reserve Development, 1992–2013F

Reserve Releases Remained Strong in 2010 But Tapered Off in 2011. Releases Are Expected to

Further Diminish in 2012 and 2103Note: 2005 reserve development excludes a $6 billion loss portfolio transfer between American Re and Munich Re. Including this transaction, total prior year adverse development in 2005 was $7 billion. The data from 2000 and subsequent years excludes development from financial guaranty and mortgage insurance. Sources: Barclays Capital; A.M. Best.

Prior year reserve releases totaled $8.8

billion in the first half of 2010, up from

$7.1 billion in the first half of 2009

Page 15: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

P/C Estimated Loss Reserve Deficiency/ (Redundancy), Excl. Statutory Discount

Line of Business 2011

Personal Auto Liability -$1.8B

Homeowners -$0.2

Other Liab (incl. Prod Liab) $4.0

Workers Compensation $8.2

Commercial Multi Peril $1.5

Commercial Auto Liability $0.0

Medical Malpractice -$4.0

Reinsurance—Nonprop Assumed $3.4

All Other Lines* -$2.2

Total Core Reserves $8.9

Asbestos & Environmental $7.4

Total P/C Industry $16.3B

Source: A.M. Best, P/C Review/Preview 2012; Insurance Information Institute. *Excluding mortgage and financial guaranty segments.

17

Workers Comp has a significant

reserve deficiency

Page 16: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

RENEWED PRICING DISCIPLINE?

18

Is There Evidence of a Broad and Sustained Shift in Pricing?

18

Page 17: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

19

-5%

0%

5%

10%

15%

20%

25%

71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11*

12

Soft Market Persisted into Early 2011 but Growth Returned: More in 2012?

(Percent)1975-78 1984-87 2000-03

*2011 and 2012 figures are A.M. Best EstimatesShaded areas denote “hard market” periodsSources: A.M. Best (historical and forecast), ISO, Insurance Information Institute.

Net Written Premiums Fell 0.7% in 2007 (First Decline

Since 1943) by 2.0% in 2008, and 4.2% in 2009, the First 3-Year Decline Since 1930-33.

NWP was up 3.5% (est.) in

20112012

expected growth is

3.8%

Page 18: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

20

Average Commercial Rate Change,All Lines, (1Q:2004–4Q:2011)

-3.2

%-5

.9%

-7.0

%-9

.4%

-9.7

% -8.2

%-4

.6% -2

.7%

-3.0

%-5

.3%

-9.6

%-1

1.3

%-1

1.8

%-1

3.3

%-1

2.0

%-1

3.5

%-1

2.9

% -11

.0%

-6.4

% -5.1

%-4

.9%

-5.8

%-5

.6%

-5.3

%-6

.4% -5.2

%-5

.4%

-2.9

%

2.8

%

-0.1

% 0.9

%

-0.1

%

-16%

-14%

-12%

-10%

-8%

-6%

-4%

-2%

0%

2%

4%

1Q

04

2Q

04

3Q

04

4Q

04

1Q

05

2Q

05

3Q

05

4Q

05

1Q

06

2Q

06

3Q

06

4Q

06

1Q

07

2Q

07

3Q

07

4Q

07

1Q

08

2Q

08

3Q

08

4Q

08

1Q

09

2Q

09

3Q

09

4Q

09

1Q

10

2Q

10

3Q

10

4Q

10

1Q

11

2Q

11

3Q

11

4Q

11

Source: Council of Insurance Agents & Brokers (1Q04-4Q11); Insurance Information Institute

KRW Effect

Pricing as of Q3:2011 was positive for the first time

since 2003. Slightly stronger gains in Q4.

(Percent)

Q2 2011 marked the 30th consecutive quarter of price

declines

Page 19: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

21

Change in Commercial Rate Renewals, by Account Size: 1999:Q4 to 2011:Q4

Source: Council of Insurance Agents and Brokers; Barclay’s Capital; Insurance Information Institute.

Percentage Change (%)

KRW Effect: No Lasting Impact

Pricing turned positive (+0.9%) in Q3:2011, the first increase in

nearly 8 years; Q4:2011 renewals were up 2.8%

Pricing Turned Negative in Early

2004 and Remained that

way for 7 ½ years

Peak = 2001:Q4 +28.5%

Trough = 2007:Q3 -13.6%

Page 20: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

22

Cumulative Qtrly. Commercial Rate Changes, by Account Size: 1999:Q4 to 2011:Q4

1999:Q4 = 100

Source: Council of Insurance Agents and Brokers; Barclay’s Capital; Insurance Information Institute.

Despite Q4:2011 gain of 2.8%, pricing today is

where is was in late 2000 (pre-9/11)

Upward pricing pressure is small for large accounts, 1.8% in

Q4:2011, vs. 3.1% for small accounts and

3.5% for medium accounts

Page 21: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

23

Change in Commercial Rate Renewals, by Line: 2011:Q4

Source: Council of Insurance Agents and Brokers; Insurance Information Institute.

Major Commercial Lines Renewed Uniformly Upward in Q4:2011 for Only the Second Time Since 2003; Property Lines

& Workers Comp Leading the Way

Percentage Change (%)

2.7% 3.0%

5.7%

7.5%

0.8%

2.0% 2.0% 2.1% 2.2% 2.3%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

Su

rety

EP

L

Co

mm

l Au

to

D&

O

Ge

ne

ral

Lia

bili

ty

Um

bre

lla

Co

nst

ruct

ion

Bu

s.In

terr

up

tion

Co

mm

erc

ial

Pro

pe

rty

Wo

rke

rsC

om

p

Property lines are showing larger increases than

casualty lines, with the exception of workers

compensation

Page 22: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

109.4110.2

118.8

109.5

112.5

110.2

107.6

104.1

109.7 110.2

102.5

105.4

91.2

93.7

104.1

98.9

101.2

107.5

102.0

111.1112.3

122.3

$7

.30

$6

.49

$1

3.9

1

$1

3.1

5

$1

1.9

4

$1

1.5

5

$1

0.6

8

$1

0.3

5

$1

0.0

2

10

.25

$1

1.9

5

$8

.30

$1

3.5

0

$8

.42

$4

.83

$5

.20

$5

.71

$5

.25

$5

.70

$7

.70

$6

.40

$6

.10

90

95

100

105

110

115

120

125

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11*

Co

mm

erc

ial L

ine

s C

om

bin

ed

Ra

tio

$0

$2

$4

$6

$8

$10

$12

$14

Co

st

of

Ris

k/$

10

00

Re

ve

nu

e

CommercialCombined RatioCost of Risk

*Insurance Information Institute estimates for 2011.Source: 2011 RIMS Benchmark Survey; A.M. Best; Insurance Information Institute

Cost of Risk vs. Commercial Lines Combined Ratio

The cost of risk cannot continue to fall as actual

results deteriorate

24

Page 23: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

How the Risk Dollar is Spent (2011)

Source: 2011 RIMS Benchmark Survey, Advisen; Insurance Information Institute

Firms w/Revenues < $1 Billion

WC Premiums,

8%

Total Mgmt. Liab., 5%

Liability Retained

Losses, 13%

Liability Premiums,

21%

Property Premiums,

21%

Retained Property

Losses, 3%

WC Retained Losses, 9%

Total Prof. Liability

Costs, 8%

Firms w/Revenues > $1 Billion

Management & Professional Liability Costs Account for 17% - 27% of the Risk Dollar

WC Premiums,

6%

Total Mgmt. Liab., 6%

Liability Retained

Losses, 12%

Liability Premiums,

10%

Property Premiums,

13%

Retained Property

Losses, 8%

WC Retained Losses, 21%

Total Prof. Liability

Costs, 3%

25

Page 24: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

28

Direct Premiums Written: Worker’s CompPercent Change by State, 2005-2010*

34

.4

23

.1

14

.2

10

.2

9.0

4.6

1.4

-3.7

-7.3

-9.3

-10

.0

-10

.3

-10

.9

-10

.9

-13

.0

-14

.7

-15

.3

-15

.9

-16

.9

-17

.8

-19

.8

-21

.4

-21

.7

-35-30-25-20-15-10-505

10152025303540

OK

MT ID LA

SD IA KS

NY WI

PA

MS IL

NM NJ

NE

MD

NC AL

CT VA

SC

AR

MN

Pe

ce

nt

ch

an

ge

(%

)

*Excludes monopolistic fund states: ND, OH, WA, WY as well as WV, which transitioned to a competitive structure during this period.

Sources: SNL Financial LC.; Insurance Information Institute.

Top 25 States

Only 7 (small) states showed growth in workers

comp premium volume between 2005 and 2010

Page 25: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

29

Direct Premiums Written: Worker’s CompPercent Change by State, 2005-2010*

-22

.6

-23

.7

-24

.2

-25

.0

-25

.2

-25

.2

-25

.3

-26

.8

-26

.9

-28

.1

-28

.3

-28

.7

-29

.0

-30

.1

-32

.5

-32

.6

-33

.8

-34

.7

-36

.1

-42

.7

-45

.4

-50

.7

-51

.2

-57

.7

-70

-60

-50

-40

-30

-20

-10

0

AZ

ME

GA

KY IN NH

OR

DC

MA

TN VT

US

TX

AK

MO MI

UT RI

CO

DE

NV HI

CA

FL

Pe

ce

nt

ch

an

ge

(%

)

Bottom 25 States

States with the poorest performing economies also produced the most negative net change in premiums of

the past 5 years

*Excludes monopolistic fund states: ND, OH, WA, WY as well as WV, which transitioned to a competitive structure during this period.

Sources: SNL Financial LC.; Insurance Information Institute.

CA Workers Comp DPW plunged 51.2%

between 2005 and 2010

Page 26: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Financial Strength & Underwriting

30

Cyclical Pattern is P-C Impairment History is Directly Tied to

Underwriting, Reserving & Pricing

30

Page 27: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

32

P/C Insurer Impairment Frequency vs. Combined Ratio, 1969-2011

90

95

100

105

110

115

1206

97

07

17

27

37

47

57

67

77

87

98

08

18

28

38

48

58

68

78

88

99

09

19

29

39

49

59

69

79

89

90

00

10

20

30

40

50

60

70

80

91

01

1

Co

mb

ine

d R

ati

o

0.0

0.2

0.4

0.6

0.8

1.0

1.2

1.4

1.6

1.8

2.0

Imp

airm

en

t Ra

te

Combined Ratio after Div P/C Impairment Frequency

Source: A.M. Best; Insurance Information Institute

2011 impairment rate was 0.91%, up from 0.67% in 2010; the rate is slightly higher than the 0.82% average since 1969

Impairment Rates Are Highly Correlated With Underwriting Performance and Reached Record Lows in 2007; Recent Increase Was Associated

Primarily With Mortgage and Financial Guaranty Insurers and Not Representative of the Industry Overall

Page 28: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

33

Reasons for US P/C Insurer Impairments, 1969–2010

3.6%4.0%

8.6%

7.3%

7.8%

7.1%

7.8%13.6%

40.3%

Source: A.M. Best: 1969-2010 Impairment Review, Special Report, April 2011.

Historically, Deficient Loss Reserves and Inadequate Pricing AreBy Far the Leading Cause of P-C Insurer Impairments.

Investment and Catastrophe Losses Play a Much Smaller Role

Deficient Loss Reserves/Inadequate Pricing

Reinsurance Failure

Rapid GrowthAlleged Fraud

Catastrophe Losses

Affiliate Impairment

Investment Problems (Overstatement of Assets)

Misc.

Sig. Change in Business

Page 29: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

34

Top 10 Lines of Business for US P/C Impaired Insurers, 2000–2010

2.0%4.4%

4.8%

6.5%

6.9%

7.7%

8.1%

10.9%

22.2%

26.6%

Source: A.M. Best: 1969-2010 Impairment Review, Special Report, April 2011.

Workers Comp and Pvt. Passenger Auto Account for Nearly Half of the Premium Volume of Impaired Insurers Over the Past Decade

Workers Comp

Financial Guaranty

Pvt. Passenger Auto

Homeowners

Commercial Multiperil

Commercial Auto Liability

Other Liability

Med Mal

SuretyTitle

Page 30: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

SURPLUS/CAPITAL/CAPACITY

35

Have Large Global Losses Reduced Capacity in the Industry, Setting

the Stage for a Market Turn?

35

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36

Policyholder Surplus, 2006:Q4–2011:Q3

Sources: ISO, A.M .Best.

($ Billions)

$487.1$496.6

$512.8$521.8

$478.5

$455.6

$437.1

$463.0

$490.8

$511.5

$540.7$530.5

$544.8

$556.9 $559.1

$538.6

$564.7

$505.0$515.6$517.9

$420

$440

$460

$480

$500

$520

$540

$560

$580

06:Q4 07:Q1 07:Q2 07:Q3 07:Q4 08:Q1 08:Q2 08:Q3 08:Q4 09:Q1 09:Q2 09:Q3 09:Q4 10:Q1 10:Q2 10:Q3 10:Q4 11:Q1 11:Q2 11:Q3

2007:Q3Previous Surplus Peak

Quarterly Surplus Changes Since 2011:Q1 Peak

11:Q2: -$5.6B (-1.0%)

11:Q3: -$26.1B (-4.6%)

Surplus as of 9/30/11 was down 4.6% below its all

time record high of $564.7B set as of 3/31/11. Further

declines are possible.

*Includes $22.5B of paid-in capital from a holding company parent for one insurer’s investment in a non-insurance business in early 2010.

The Industry now has $1 of surplus for every $0.83 of NPW, close to the strongest claims-

paying status in its history.

A.M. Best is predicting year-end 2011 surplus was down just 1.7%

and that surplus will increase sharply by 8.4% in 2012

36

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Implied Excess (Deficit) Capital Assuming Premium/Surplus Ratio = 0.9:1

Excess/(Deficit) Capital (Policyholder Surplus)

($10.6)

($65.4)

($124.6)

($103.0)

($76.5)

($10.8)

$22.9$42.6

($49.2)

$41.7

$81.9

($32.7)

-1.5%

8.2%

13.4%

-5.1%

-8.8%

21.6%

14.4%

6.2%

-12.0%

12.3%8.9%

-4.6%

-150

-100

-50

0

50

100

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011*-15%

-10%

-5%

0%

5%

10%

15%

20%

25%

Capital Excess (Deficit) Annual Change in CapitalRecord Policyholder Surplus (Capital) Resulted in Significant Excess Capital in the P/C

Insurance Sector in 2010. Deteriorating Underwriting Losses, Higher CAT Activity, More Modest Market Returns Shrank Excess Capital in 2011 by Nearly Half.

Annual Change in Policyholder Surplus

2000-2002: Tech bubble bursts,

9/11, high underwriting losses erode capital base

2005: Katrina, Rita, Wilma produce record CAT losses

2006/07: Low CAT losses, strong underwriting results since 1940s

increase capital

2008: Financial crisis causes sharp drop in

capital

2009-10: End of financial crisis,

rising asset prices. modest

u/w losses push capital to record levels

Note: The assumption of a 0.9:1 P/S ratio is derived from a Feb. 2011 announcement by Advisen, Ltd., that the US P/C insurance industry has $74 billion in excess capital. The implied P/S ratio (calculated by III) is 0.88:1, which was rounded to 0.9:1.Source: Insurance Information Institute calculations from A.M. Best and ISO data. * Net Premiums Written

High cats, u/w losses push capital down

37

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INVESTMENTS: THE NEW REALITY

39

Investment Performance is a Key Driver of Profitability

Does It Influence Underwriting or Cyclicality?

39

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40

Insurers Have Not Yet Fully Adapted to a Persistently Low Interest Rate Environment

No Expectation that Rates Would Be:Pushed to Such Low Levels

Pushed Down so Rapidly

Held to Such Low Levels for So Long

Suppressed via Unprecedented Aggressiveness of the Federal Reserve– Use of traditional and unconventional tools (QE)– Unconventional ’s policies couldn’t be anticipated, esp. QE1, 2 (3?)

Competitive PressureProtracted Soft MarketAbility to Release Prior Reserves Eases UrgencyRealization of Capital Gains

OFFSETTING FACTORSCapitalization Still SolidEmergence of Sophisticated Price Monitoring and Underwriting Tools

Page 35: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Property/Casualty Insurance Industry Investment Income: 2000–2013F1

$38.9$37.1 $36.7

$38.7

$54.6

$51.2

$47.1 $47.2 $46.3 $45.5 $46.4

$39.6

$49.5

$52.3

$30

$40

$50

$60

00 01 02 03 04 05 06 07 08 09 10 11E* 12F 13F

Investment Income in 2011 Was Surprisingly Strong, Though Investment Income Is Likely to Weaken in 2012 Due to Persistently Low Interest Rates

1 Investment gains consist primarily of interest and stock dividends.*2011E figure is annualized based on actual investment income through 2011:Q3; 2012F-201F based on Conning projections.Sources: ISO; Conning Research & Consulting; Insurance Information Institute.

($ Billions)

Investment earnings in 2011 are estimated to be about 15% below their 2007 pre-crisis peak

Page 36: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Property/Casualty Insurance Industry Investment Gain: 1994–2013F1

$35.4

$42.8$47.2

$52.3

$44.4

$36.0

$45.3$48.9

$59.4$55.7

$64.0

$31.7

$39.2

$52.9$53.6$51.3$53.0

$58.0

$51.9$56.9

$0

$10

$20

$30

$40

$50

$60

$70

94 95 96 97 98 99 00 01 02 03 04 05* 06 07 08 09 10 11E* 12F 13F

Investment Gains in 2011 Were Surprisingly Robust. Investment Gains Recovered Significantly Due to Realized Investment Gains; The Financial

Crisis Caused Investment Gains to Fall by 50% in 20081 Investment gains consist primarily of interest, stock dividends and realized capital gains and losses.* 2005 figure includes special one-time dividend of $3.2B; 2011 figure is annualized based 2011:Q3 actual; 2012-13F derived from

Conning forecast data.Sources: ISO; Conning; Insurance Information Institute.

($ Billions)

Total investment gains are expected to remain stable but still 18% to 20% below their pre-crisis peak through 2013

42

Page 37: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

43

P/C Insurer Net Realized Capital Gains/Losses, 1990-2013F

*2011 is an estimate based on annualized actual 2011 9-month figure of $5.5B; 2012F and 2013F are Conning estimates.Sources: A.M. Best, ISO, Conning; Insurance Information Institute.

$2.8

8

$4.8

1 $9.8

9

$9.8

2

$10.

81 $18.

02

$13.

02

$16.

21

$6.6

3

-$1.

21

$6.6

1

$9.1

3

$9.7

0

$3.5

2 $8.9

2

-$7.

98

-$5.

70

$7.3

0

$6.0

0

$6.6

0

-$19

.81

$9.2

4

$6.0

0

$1.6

6

-$25

-$20

-$15

-$10

-$5

$0

$5

$10

$15

$20

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11E*12F 13F

Insurers Posted Net Realized Capital Gains in 2011 for the First Time Since 2007. Realized Capital Losses Were a Primary Cause

of 2008/2009’s Large Drop in Profits and ROE

($ Billions)Realized capital gains returned in

2011 but are generally smaller than immediate pre-crisis era or 1990s

43

$13B (est.) net swing in 2011

Page 38: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

44

U.S. 10-Year Treasury Note Yields:A Long Downward Trend, 1990–2012*

*Monthly, through February 2012. Note: Recessions indicated by gray shaded columns.Sources: Federal Reserve Bank at http://www.federalreserve.gov/releases/h15/data/Monthly/H15_TCMNOM_Y10.txt National Bureau of Economic Research (recession dates); Insurance Information Institutes.

1%

2%

3%

4%

5%

6%

7%

8%

9%

'90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12

Yields on 10-Year U.S. Treasury Notes have been essentially

below 5% for nearly a decade.

Since roughly 80% of P/C bond/cash investments are in 10-year or shorter durations, most P/C insurer portfolios will have low-yielding bonds for years to come.

Yields on 10-Year U.S. Treasury Notes have

been essentially below 4% since January 2008.

44

Page 39: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

45

Treasury Yield Curves: Pre-Crisis (July 2007) vs. Feb. 2012

0.06% 0.09% 0.12% 0.16% 0.28%

1.37%

1.97%

4.82% 4.96% 5.04% 4.96% 4.82% 4.82% 4.88% 5.00% 4.93% 5.00%5.19%

0.83%

0.38%

3.11%2.75%

0%

1%

2%

3%

4%

5%

6%

1M 3M 6M 1Y 2Y 3Y 5Y 7Y 10Y 20Y 30Y

February 2012 Yield CurvePre-Crisis (July 2007)

Treasury yield curve remains near its most depressed level

in at least 45 years. Investment income is falling as a result. Fed is unlikely to hike rates until well into 2014.

The Fed Is Actively Signaling that it Is Determined to Keep Rates Low Through Late 2014

Source: Federal Reserve Board of Governors; Insurance Information Institute.

Page 40: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

46

-1.8

%

-1.8

%

-2.0

%

-3.6

%

-3.3

%

-3.3

%

-3.7

%

-4.3

%

-5.2

%

-5.7

%

-7.3%

-1.9

%

-2.1

%

-3.1

%

-8%-7%-6%-5%-4%-3%-2%-1%0%

Perso

nal L

ines

Pvt Pass

Aut

o

Pers P

rop

Comm

ercia

l

Comm

l Auto

Credit

Comm

Pro

p

Comm

Cas

Fidelity

/Sure

ty

War

rant

y

Surplu

s Line

s

Med

Mal

WC

Reinsu

ranc

e**

Lower Investment Earnings Place a Greater Burden on Underwriting and Pricing Discipline

*Based on 2008 Invested Assets and Earned Premiums**US domestic reinsurance onlySource: A.M. Best; Insurance Information Institute.

Reduction in Combined Ratio Necessary to Offset 1% Decline in Investment Yield to Maintain Constant ROE, by Line*

46

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47

Performance by Segment:Commercial Lines

47

Page 42: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

109.4110.2

118.8

109.5

112.5

110.2

107.6

104.1

109.7 110.2

102.5

105.4

91.2

94.8

101.299.5

101.0

107.5

102.0102.0

111.1112.3

122.3

90

95

100

105

110

115

120

125

90

91

92

93

94

95

96

97

98

99

00

01

02

03

04

05

06

07

08

09

10

11

P

12

F

Co

mm

erc

ial L

ine

s C

om

bin

ed

Ra

tio

*2007-2012 figures exclude mortgage and financial guaranty segments.Source: A.M. Best; Insurance Information Institute

Commercial Lines Combined Ratio, 1990-2012F*

Commercial lines underwriting

performance in 2011 was the worst since 2002

49

Page 43: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Compensation Combined Ratio: 1994–2013F

10

2.0

97

.0 10

0.0

10

1.0

11

0.9

11

0.0

10

7.0

10

2.7

98

.4

10

3.6

10

4.4 1

10

.6 11

6.8

11

8.5

12

0.5

11

7.012

1.7

10

7.0

11

5.3

11

8.2

80

85

90

95

100

105

110

115

120

125

130

94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11P 12F 13F

Workers Comp Underwriting Results Are Deteriorating Markedly and the Worst They

Have Been in a DecadeSources: A.M. Best (1994-2012F); Conning (2013F) ; Insurance Information Institute. 50

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Workers Compensation Operating Environment

51

The Weak Economy and Soft Market Have Made the Workers Comp Operating

Increasingly Challenging

51

Page 45: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

52

$3

.66

$3

.88

$4

.22

$4

.50

$4

.62

$4

.78

$5

.36 $

6.8

9

$1

6.0

8

$1

4.5

8

$1

1.1

5

$8

.98

$7

.64

$6

.89

$7

.83

$7

.11

10.8%

-9.9%-14.9%

28.5%

12.0%6.7%8.7%5.9% 3.3%

-19.5%-23.5%-9.4%

133.5%

3.6%2.7%

$0

$2

$4

$6

$8

$10

$12

$14

$16

$18

96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11

($ B

ill in

Dir

ec

t P

rem

ium

s W

ritt

en

)

-0.4

-0.2

0

0.2

0.4

0.6

0.8

1

1.2

1.4

1.6

Nu

mb

er o

f De

als

Direct Premiums Written

Annual % Change

Source: SNL Securities; NAIC; nsurance Information Institute.

WC: Direct Premiums Written in California, 1996-2011(Incl. SCIF 2004-2011)

CA WC premiums

written rose 10.8% in 2011

The Preciptious Decline in WC Premiums Written Has Ended With Growth Now Being Driven by Rate Actions and Improved Payroll Exposure Growth

State Fund included

beginning in 2004

Page 46: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Compensation Premium Continues Its Sharp DeclineNet Written Premium

$ Billions

Calendar Yearp Preliminary

Source: 1990–2009 Private Carriers, Best's Aggregates & Averages; 2010p, NCCI1996–2010p State Funds: AZ, CA, CO, HI, ID, KY, LA, MD, MO, MT, NM, OK, OR, RI, TX, UT Annual Statements

State Funds available for 1996 and subsequent

Page 47: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

$2,000

$3,000

$4,000

$5,000

$6,000

$7,000

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11*

$25

$30

$35

$40

$45

$50Wage & Salary DisbursementsWC NPW

54

Payroll Base* WC NWP

Payroll vs. Workers Comp Net Written Premiums, 1990-2011

*Private employment; Shaded areas indicate recessions. Payroll and WC premiums for 2011 is I.I.I. estimateSources: NBER (recessions); Federal Reserve Bank of St. Louis at http://research.stlouisfed.org/fred2/series/WASCUR ; NCCI; I.I.I.

Resumption of payroll growth and rate increases suggests WC NWP will grow again in 2012

7/90-3/91 3/01-11/0112/07-6/09

$Billions $Billions

WC premium volume dropped two years before

the recession began

WC net premiums written were down $14B or 29.3% to

$33.8B in 2010 after peaking at $47.8B

in 2005

Page 48: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

55

Nonfarm Payroll (Wages and Salaries):Quarterly, 2005–2011:Q4

Note: Recession indicated by gray shaded column. Data are seasonally adjusted annual rates.Sources: http://research.stlouisfed.org/fred2/series/WASCUR; National Bureau of Economic Research (recession dates); Insurance Information Institute.

Billions

$5,500

$5,750

$6,000

$6,250

$6,500

$6,75005

:Q1

05:Q

2

05:Q

3

05:Q

4

06:Q

1

06:Q

2

06:Q

3

06:Q

4

07:Q

1

07:Q

2

07:Q

3

07:Q

4

08:Q

1

08:Q

2

08:Q

3

08:Q

4

09:Q

1

09:Q

2

09:Q

3

09:Q

4

10:Q

1

10:Q

2

10:Q

3

10:Q

4

11:Q

1

11:Q

2

11:Q

3

11:Q

4

Peak was 2008:Q1 at $6.60 trillion

Latest (2011:Q4) was $6.71 trillion,

a new peak

Recent trough (2009:Q3) was $6.25 trillion, down

5.3% from prior peak

Growth rates in 2011Q2 over Q1: 0.6%

Q3 over Q2: 0.4% Q4 over Q3: 1.0%

Pace of payroll growth is

accelerating

55

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56

Personal Income Growth in 2011:Top 10 States

8.1

6.8 6.66.2

5.9 5.9 5.9 5.7 5.6 5.55.1

0

1

2

3

4

5

6

7

8

9

ND IA TX OK SD NE WY CO CA UT US

Sources: US Dept. of Commerce and Wells Fargo Securities, March 28, 2012; Insurance Information Institute.

% ChangeNorth Dakota is the fastest gains in personal income, driven by the

state’s energy boom. Energy, Mining and Agriculture drove the gains in most states except CA

CA personal income growth was the 9th fastest in the US in 2011, driven by the tech and

entertainment industries

Page 50: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

$8

.2

$8

.9

$9

.4

$1

0.1

$1

1.1

$1

2.0

$1

3.3

$1

4.2

$1

6.2

$1

7.6

$1

8.9

$2

0.0

$2

1.8

$2

3.1

$2

4.5

$2

5.7

$2

7.1

$2

7.7

$8

.4

$8

.2

$5

$10

$15

$20

$25

$30

91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10p

Annual Change 1991–1993: +1.9%Annual Change 1994–2001: +8.9%Annual Change 2002-2009: +6.6%

Accident Year

MedicalClaim Cost ($000s)

2010p: Preliminary based on data valued as of 12/31/20101991-2008: Based on data through 12/31/2008, developed to ultimateBased on the states where NCCI provides ratemaking services; Excludes the effects of deductible policies

Cumulative Change = 238%(1991-2010p)

Workers Comp Medical Claim Costs Continue to Rise

+2.0%+5.4%

+5.0%+6.1%

+6.1%+9.1%

+5.4%+7.7%

+8.8%+13.5%

+7.3%+10.6%

+8.3%+10.1%

+7.4%+5.1%+9.0%

-2.1%+1.3%+6.8%

Average Medical Cost per Lost-Time Claim

Does smaller pace of increase suggest that small

med-only claims are becoming lost-time claims?

57

Page 51: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

$1

0.0

$9

.7

$9

.4

$9

.9

$1

0.1

$1

0.7

$1

1.5

$1

2.5

$1

3.8

$1

5.2

$1

6.6

$1

7.1

$1

7.9

$2

2.8

$2

3.0

$2

2.3

$2

0.8

$1

9.9

$1

8.2

$1

8.8

+5.9%

+1.0%-3.1%-2.8%+4.9%+1.7%+5.9%

+7.7%+9.0%

+10.1%

+10.1%

+9.2%+3.1%+4.6%+1.6%

+3.4%+5.6%

5

7

9

11

13

15

17

19

21

23

25

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010p

IndemnityClaim Cost ($ 000s)

Annual Change 1991–1993: -1.7%Annual Change 1994–2001:+7.3%Annual Change 2002–2009:+4.1%

2010p: Preliminary based on data valued as of 12/31/20101991–2008: Based on data through 12/31/2008, developed to ultimateBased on the states where NCCI provides ratemaking servicesExcludes the effects of deductible policies

Accident Year

-3%

Workers Comp Indemnity Claim Costs Decline in 2010

+8.2%+0.8%

Claiming behavior has changed significantly. Large numbers of lost time,

low severity claims have entered the system—claims that previously were medical only, driving down average

indemnity costs per claim.

Average Indemnity Cost per Lost-Time Claim

58

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59

Number of Liens Filed per Month, Jan. 2000—Oct. 2010

Sources: California Commission on Health and Safety and Workers Compensation, Liens Report, January 5, 2011

Rising number of liens, opioid abuse, fee schedule issues are pressure in WC costs in CA; Pressure to

raise benefits as well.

Page 53: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Average Approved BureauRates/Loss Costs

12.1

7.4

10.0

2.9

-6.4

-3.2

-6.0

-8.0

-5.4

-2.6

3.5

1.2

4.9

6.6

-6.0-5.1

-5.7-6.6

-3.1-2.0

-1.1

0.2

-10

-5

0

5

10

15

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11*

Percent

Calendar Year* States approved through 4/23/2010Countrywide approved changes in advisory rates, loss costs, and assigned risk rates as filed by the applicable rating organization

Cumulative1990–1993

+36.3%

Cumulative 2000–2003

+17.1%

Cumulative 2004–2011

-26.2%

Cumulative 1994–1999

-27.8%

*States approved through 4/8/11.Note: Countrywide approved changes in advisory rates, loss costs and assigned risk rates as filed by applicable rating organization.Source: NCCI.

History of Average WC Bureau Rate/Loss Cost Level Changes

Page 54: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Comp Rate Changes,2008:Q4 – 2011:Q4

Source: Council of Insurance Agents and Brokers; Information Institute.

-5.5%-4.6%

-4.0%-4.6%

-3.7% -3.9%

-5.4%

-3.7% -3.4%

-1.6%

2.6%

4.1%

7.5%

-8%

-6%

-4%

-2%

0%

2%

4%

6%

8%

10%

08:Q4 09:Q1 09:Q2 09:Q3 09:Q4 10:Q1 10:Q2 10:Q3 10:Q4 11:Q1 11:Q2 11:Q3 11:Q4

The Q4 2011 WC rate change was the largest

among all major commercial lines

(Percent Change)

61

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62

$5,707

$7,163

$7,862

$8,814 $8,893

$7,913 $7,954

$7,615

$7,093 $7,18813.0%

16.1%

24.0%

22.0%20.6%

17.4%

16.9%

18.7%

22.5%22.3%

5,000

5,500

6,000

6,500

7,000

7,500

8,000

8,500

9,000

9,500

04 05 06 07 08 09 10 11E 12F 13F

(In

ve

stm

en

t In

co

me

$ M

ill)

0%

5%

10%

15%

20%

25%

30%

Inv

es

tme

nt In

co

me

Ra

tio

Investment Income

Investment Income Ratio

Source: Conning. Note: Investment Income Ratio is ratio of investment income from WC reserves and surplus to WC net earned premium.

Workers Comp Investment Income Earned and Investment Income Ratio, 2004-2013F

Restoring the Workers Comp Line to Profitability Will Be Made More Difficult Because Investments Will Provide Little Lift, Requiring More of

an Emphasis on Underwriting Profitability

In 2012, investment income attributable to the WC line is projected to be 20% below its 2008 peak, and pushing the

investment income ratio down to 18.7% of Net Earned Premium

Page 56: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers CompensationInvestment Returns

63

Percent

Calendar Yearp=Preliminary

Source: 1990–2009, Annual Statement Data; 2010p, NCCIInvestment Gain on Insurance Transactions includes Other Income•Adjusted to include realized capital gains to be consistent with 1992 and afterSource: NCCI

Average (1990–2009): 14.6%

Investment Gain on Insurance Transactions-to-Premium RatioPrivate Carriers

Calendar Year

Page 57: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Compensation ResultsModest Operating Loss

-4.2

-8.6

-3.2

7.5

12.7

19.717.9

19.8

13.9

5.2

1.3

-7.6

-0.1

0.9

4.4

8.4

16.8

12.0

8.8

0.4

-1

-15

-10

-5

0

5

10

15

20

25

1990*1991*1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 20092010p

Still a loss even after adding in

investment earnings

64

Percent

Calendar Yearp Preliminary

Source: 1990–2009, Annual Statement Data; 2010p, NCCIOperating Gain Equals 1.00 minus (Combined Ratio Less Investment Gain on Insurance Transactions and Other Income)•Adjusted to include realized capital gains to be consistent with 1992 and afterSource: NCCI

Average (1990–2009): 6.3%

Pre-Tax Operating Gain RatioPrivate Carriers

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65

Competitiion, Profitability and Growth in California P/C and WC Insurance Markets vs. US

Analysis by Line and Nearby State Comparisons

Page 59: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

HHI Index Value

Source: Insurance Information Institute calculations from SNL Financial data.

803.1608.2 503.8

2,754.2

1,320.8

16.0%

32.0%

51.1%

12.9%

22.6%

0

500

1,000

1,500

2,000

2,500

3,000

2004 2006 2008 2010 20110%

10%

20%

30%

40%

50%

60%

Herfindahl-Hirschman Index Value State Fund Market Share

66

CA has gone from the most concentrated (non-monopolistic

fund) states to one that is highly competitive.

Market Concentration in CA WC Market Has Dropped Precipitously: HHI Index, 2004-2011

CA State Fund Market Share

Herfindahl-Hirschman Index:Less than 1,000 = Not Concentrated

1,000 - 1,800 = Moderately Concentrated

Greater than 1,800 = Concentrated

Page 60: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

67

RNW All Lines: CA vs. U.S., 2001-2010

Sources: NAIC.

-5%

0%

5%

10%

15%

20%

01 02 03 04 05 06 07 08 09 10

US All Lines CA All Lines

P/C Insurer profitability in CA is above that of the US

overall over the past decade

US: 7.1%

CA: 9.2%

(Percent)

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68

RNW Workers Comp: CA vs. U.S.,2001-2010

Sources: NAIC.

-15%

-10%

-5%

0%

5%

10%

15%

20%

25%

01 02 03 04 05 06 07 08 09 10

US WC CA WC

(Percent)

Average 2001-2010

US: 5.0%

CA: 5.6%

Page 62: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

All Lines: 10-Year Average RNW CA & Nearby States

4.0%

9.2%

10.2%

5.7%

7.1%

0% 2% 4% 6% 8% 10% 12%

Oregon

California

U.S.

Nevada

Arizona

Source: NAIC, Insurance Information Institute.

2001-2010

California All Lines profitability is above the US and regional

average

Page 63: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

Workers Comp: 10-Year Average RNWCA & Nearby States

6.1%

7.2%

13.6%

5.0%

5.6%

0% 5% 10% 15%

Nevada

Arizona

U.S.

California

Oregon

Source: NAIC, Insurance Information Institute

2001-2010

California WC profitability is below the US and regional

average

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71

WC Benefits Per $100 of Covered Wagesby State, 2009: Highest 25 States

2.1

0

1.8

9

1.8

2

1.5

7

1.5

6

1.4

7

1.3

3

1.3

2

1.3

0

1.2

7

1.2

6

1.2

2

1.1

9

1.1

8

1.1

5

1.1

4

1.1

3

1.1

0

1.0

9

1.0

9

1.0

7

1.0

3

1.0

3

0.9

8

0.9

8

0.9

8

$0.00

$0.25

$0.50

$0.75

$1.00

$1.25

$1.50

$1.75

$2.00

$2.25

$2.50

WV MT WA OK AK SC VT ID ME WY CA PA OH KY LA IL WI FL DE HI IA NM US GA NJ NC

Be

ne

fits

Pe

r $

10

0 o

f C

ov

ere

d W

ag

es

Source: National Academy of Social Science.

At $1.26 per $100 covered wages,

California’s benefits are more generous

than the US average of $1.03

Page 65: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

72

WC Benefits Per $100 of Covered Wagesby State, 2009: Lowest 25 States

0.9

8

0.9

6

0.9

6

0.9

6

0.9

6

0.9

5

0.9

2

0.9

1

0.9

1

0.8

9

0.8

8

0.8

7

0.8

7

0.8

6

0.8

4

0.8

1

0.7

9

0.7

6

0.7

0

0.6

6

0.6

1

0.5

7

0.5

7

0.5

5

0.4

7

0.2

7

$0.00

$0.25

$0.50

$0.75

$1.00

$1.25

$1.50

$1.75

$2.00

$2.25

$2.50

OR AL M

IM

S NEM

N ND CT NVCO NY

MO NH KS RI

TN MD SD UT AZ IN AR VA

MA TX DC

Be

ne

fits

Pe

r $

10

0 o

f C

ov

ere

d W

ag

es

Source: National Academy of Social Science.

Page 66: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

73Source: National Academy of Social Insurance.

$0.00

$0.20

$0.40

$0.60

$0.80

$1.00

$1.20

$1.40

$1.60

$1.80

05 06 07 08 09

AZ CA NV OR US

(Percent)

Dollar Amount Change 2005-2009

US: -$0.07

CA: -$0.31

WC Benefits Per $100 of Covered Wages by State,2005-2009: CA & Nearby States

Page 67: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

74

All Lines DWP Growth: CA vs. U.S., 2001-2010

*2004 and onward includes major state funds.

Source: SNL Financial.

12.0

%

14.3

%

9.8%

7.6%

2.2% 3.

4%

0.5%

-2.2

%

-3.2

%

0.0%

11.1

%

16.0

%

13.6

%

22.1

%

-0.5

%

-1.8

%

-3.0

%

-5.9

%

-5.0

% -0.8

%

-15%

-10%

-5%

0%

5%

10%

15%

20%

25%

01 02 03 04 05 06 07 08 09 10

US DWP: All lines CA DWP: All lines

(Percent)

Average 2001-2010

US: 4.4%

CA: 4.6%

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75

Workers Comp DWP Growth: CA vs. U.S., 2001-2011P*

*2004 and onward includes state funds.

Source: SNL Financial.

7.5% 11

.1%

8.7%

36.5

%

2.6%

-1.3

%

-4.1

%

-12.

3% -3.3

%

6.0%

3.6% 12

.0% 28

.5%

133.

5%

-9.4

%

-23.

5%

-19.

5%

-14.

9%

-9.9

%

3.3% 10

.8%

-11.

7%

-50%

-25%

0%

25%

50%

75%

100%

125%

150%

01 02 03 04 05 06 07 08 09 10 11P

US DWP: WC CA DWP: WC

(Percent)

Average 2005-2011P*

US: -3.4%

CA: -9.0%

Page 69: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

77

Direct Incurred Loss Ratio: WC & All Lines CA, 2001-2010

10

9.4

11

0.5

83

.4

64

.7

58

.4

47

.3 54

.2 58

.3

69

.2

72

.5

69

.5

70

.6

61

.1

53

.1

51

.4

45

.6 52

.3 57

.3

51

.2

53

.3

0

10

20

30

40

50

60

70

80

90

100

110

120

01 02 03 04 05 06 07 08 09 10

Workers comp All Lines

(Percent)

*2004-2010 includes major state funds;Source: SNL Financial.

Page 70: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

78

Workers Comp Direct Incurred Loss Ratio: CA vs. U.S., 2001-2011P*

*2004-2010 includes major state funds; Preliminary data for 2011 do not include state funds.

Source: SNL Financial.

10

9.4

11

0.5

83

.4

64

.7

58

.4

47

.3 54

.2 58

.3

69

.2

72

.5

66

.8

85

.8

76

.5

72

.3

67

.4

65

.0

61

.0

61

.8

63

.1 67

.7 74

.7

64

.0

0

10

20

30

40

50

60

70

80

90

100

110

120

01 02 03 04 05 06 07 08 09 10 11P*

CA WC U.S. WC

(Percent)

Page 71: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

79

Economics 2012:

Workers Comp in the Aftermath of the Great Recession

2012 Is the First Year Since 2005 Where Economic Perceptions and Reality in the US Will Be Positive

Potentially Enormous Benefits for Workers Comp Insurers

79

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80

Economic Outlook for 2012

Economic Growth Will Accelerate Modestly in 2012/13, Beating Expectations No Double Dip Recession Economy remains more resilient than most pundits presume

Consumer Confidence Will Continue to Improve Consumer Spending/Investment Will Continue to Expand Consumer and Business Lending Continue to Expand Housing Market Remains Weak, but Some Improvement Expected in 2012 Inflation Remains Tame

Runaway inflation highly unlikely but energy spike possible; Fed has things under control Private Sector Hiring Remains Consistently Positive, Exceeds Expectations

Unemployment dips below 8% by year’s end Sovereign Debt, Euro Currency/Economy, Muni Bond “Crises” Overblown European Recession in Milder than Commonly Presumed Soft Landing in China Higher Oil Prices and Current Middle East Turmoil Pose Greater Risk to US Economy than in

2011 Interest Rates Remain Low by Historical Standards; Edge Up by Year’s End Stock and Bond Markets More Stable, Less Volatile Political Environment Is More Hospitable to Business Interests Obama Wins Re-Election Based on Improving Economy

Page 73: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

The Strength of the Economy Will Influence WC Insurer

Growth Opportunities

82

Growth Will Expand Insurable Exposures Including WC Payroll Exposures

82

Page 74: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

83

US Real GDP Growth*

* Estimates/Forecasts from Blue Chip Economic Indicators.Source: US Department of Commerce, Blue Economic Indicators 3/12; Insurance Information Institute.

2.7

%0

.9%

3.2

%2

.3%

2.9

%-0

.7%

0.6

%-4

.0%

-6.8

% -4.9

%-0

.7%

1.6

%5

.0%

3.9

%3

.8%

2.5

%2

.3%

0.4

%1

.3%

1.8

% 3.0

%2

.1%

2.2

%2

.4%

2.6

%2

.5%

2.7

%2

.9%

3.0

%4.1

%1

.1%

1.8

%2

.5% 3.6

%3

.1%

-8%

-6%

-4%

-2%

0%

2%

4%

6%

   2

00

0   

   2

00

1   

   2

00

2   

   2

00

3   

   2

00

4   

   2

00

5   

   2

00

6   

07

:1Q

07

:2Q

07

:3Q

07

:4Q

08

:1Q

08

:2Q

08

:3Q

08

:4Q

09

:1Q

09

:2Q

09

:3Q

09

:4Q

10

:1Q

10

:2Q

10

:3Q

10

:4Q

11

:1Q

11

:2Q

11

:3Q

11

:4Q

12

:1Q

12

:2Q

12

:3Q

12

:4Q

13

:1Q

13

:2Q

13

:3Q

13

:4Q

Demand for Insurance Continues To Be Impacted by Sluggish Economic Conditions, but the Benefits of Even Slow Growth Will Compound and

Gradually Benefit the Economy Broadly

Real GDP Growth (%)

Recession began in Dec. 2007. Economic toll of credit crunch, housing

slump, labor market contraction has been

severe but modest recovery is underway

The Q4:2008 decline was the steepest since the Q1:1982 drop of 6.8%

2012 is expected to see a steady

acceleration in growth continuing into 2013

Page 75: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

58

.3

57

.1

60

.4

59

.6

57

.8

55

.3

55

.1

55

.2

55

.3 56

.9 58

.2

58

.5 60

.8

61

.4

59

.7

59

.7

54

.2 55

.8

51

.4 52

.5

52

.5

51

.8

52

.2 53

.1 54

.1

52

.4

40

45

50

55

60

65

Jan

-10

Fe

b-1

0

Ma

r-1

0

Ap

r-1

0

Ma

y-1

0

Jun

-10

Jul-

10

Au

g-1

0

Se

p-1

0

Oct

-10

No

v-1

0

De

c-1

0

Jan

-11

Fe

b-1

1

Ma

r-1

1

Ap

r-1

1

Ma

y-1

1

Jun

-11

Jul-

11

Au

g-1

1

Se

p-1

1

Oct

-11

No

v-1

1

De

c-1

1

Jan

-12

Fe

b-1

2

ISM Manufacturing Index(Values > 50 Indicate Expansion)

January 2010 through February 2012

The manufacturing sector has been expanding and adding jobs. The question is whether this will continue.

Source: Institute for Supply Management at http://www.ism.ws/ismreport/mfgrob.cfm; Insurance Information Institute.

Optimism among manufacturers was

increasing in late 2011 and into early 2012

84

Page 76: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

66%

68%

70%

72%

74%

76%

78%

80%

82%

Mar

01

Jun 0

1

Sep 0

1

Dec 0

1

Mar

02

Jun 0

2

Sep 0

2

Dec 0

2

Mar

03

Jun 0

3

Sep 0

3

Dec 0

3

Mar

04

Jun 0

4

Sep 0

4

Dec 0

4

Mar

05

Jun 0

5

Sep 0

5

Dec 0

5

Mar

06

Jun 0

6

Sep 0

6

Dec 0

6

Mar

07

Jun 0

7

Sep 0

7

Dec 0

7

Mar

08

Jun 0

8

Sep 0

8

Dec 0

8

Mar

09

Jun 0

9

Sep 0

9

Dec 0

9

Mar

10

Jun 1

0

Sep 1

0

Dec 1

0

Mar

11

Jun 1

1

Sep 1

1

Dec 1

1

Recovery in Capacity Utilization is a Positive Sign for Commercial Exposures

Source: Federal Reserve Board statistical releases at http://www.federalreserve.gov/releases/g17/Current/default.htm. 86

Percent of Industrial Capacity

Hurricane Katrina

March 2001-November 2001

recession

“Full Capacity”

The closer the economy is to operating at “full

capacity,” the greater the inflationary pressure

The US operated at 78.7% of industrial capacity in Feb. 2012, above the June 2009

low of 68.3% and close to its post-crisis peak

December 2007-June 2009 Recession

March 2001 through February 2012

86

Page 77: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

50

.7 52

.7 54

.1

54

.6

54

.8

53

.5

53

.7

52

.8 53

.9

54

.6 56 5

7.1 5

9.4

59

.7

56

.3

54

.4

53

.3

53

.4

53

.8

52

.6

52

.6

52

.6

52

.6

53

.0

56

.8

57

.3

40

45

50

55

60

65

Jan

-10

Fe

b-1

0

Ma

r-1

0

Ap

r-1

0

Ma

y-1

0

Jun

-10

Jul-

10

Au

g-1

0

Se

p-1

0

Oct

-10

No

v-1

0

De

c-1

0

Jan

-11

Fe

b-1

1

Ma

r-1

1

Ap

r-1

1

Ma

y-1

1

Jun

-11

Jul-

11

Au

g-1

1

Se

p-1

1

Oct

-11

No

v-1

1

De

c-1

1

Jan

-12

Fe

b-1

2

ISM Non-Manufacturing Index(Values > 50 Indicate Expansion)

January 2010 through February 2012

Non-manufacturing industries have been expanding and adding jobs. The question is whether this will continue.

Source: Institute for Supply Management at http://www.ism.ws/ismreport/nonmfgrob.cfm; Insurance Information Institute.

Optimism among non-manufacturers was

stable in late 2011 and increased in early 2012

87

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88

43,6

9448

,125

69,3

0062

,436

64,0

04 71,2

77 81,2

3582

,446

63,8

5363

,235

64,8

53 71,5

4970

,643

62,3

0452

,374

51,9

5953

,549

54,0

2744

,367

37,8

8435

,472

40,0

9938

,540

35,0

3734

,317

39,2

0119

,695 28

,322

43,5

4660

,837

56,2

8247

,806

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11

Business Bankruptcy Filings,1980-2011

Sources: American Bankruptcy Institute at http://www.abiworld.org/AM/AMTemplate.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=61633; Insurance Information Institute

Significant Exposure Implications for All Commercial Lines as Business Bankruptcies Begin to Decline

2011 bankruptcies totaled 47,806, down 15.1% from 56,282 in 2010—the second consecutive year of decline. Business bankruptcies more

than tripled during the financial crisis.

% Change Surrounding Recessions

1980-82 58.6%1980-87 88.7%1990-91 10.3%2000-01 13.0%2006-09 208.9%*

88

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89

Private Sector Business Starts, 1993:Q2 – 2011:Q2*

175

186

174

180

186

192

188

187 18

918

6 190 19

419

119

9 204

202

195

196

196

206

206

201

192

198

206

206

203

211

205

212

200 20

520

420

419

720

320

920

119

219

219

320

1 204

202

210 21

220

921

6 220 22

322

022

021

022

121

220

421

820

920

720

719

919

1 193

172 17

616

918

417

5 179

188

200

183 18

7

203

150

160

170

180

190

200

210

220

230

93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11

Business Starts Were Down Nearly 20% in the Recession, Holding Back Most Types of Commercial Insurance Exposure, But

Are Recovering Slowly* Data through June 30, 2011 are the latest available as of March 7, 2012; Seasonally adjusted.Source: Bureau of Labor Statistics, http://www.bls.gov/news.release/cewbd.t08.htm.

(Thousands)

Business starts were up 4.5% to 370,000 in the first half of 2011 vs. first half 2011.

722,000 new business starts were recorded in 2010, up 3.6% from 697,000 in 2009, which was the slowest year for new

business starts since 1993

Business Starts2006: 872,0002007: 843,0002008: 790,0002009: 697,000 2010: 722,000 2011: 740,000**

89

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90

12 Industries for the Next 10 Years: Insurance Solutions Needed

Export-Oriented Industries

Health Sciences

Health Care

Energy (Traditional)

Alternative Energy

Petrochemical

Agriculture

Natural Resources

Technology (incl. Biotechnology)

Light Manufacturing

Insourced Manufacturing

Many industries are

poised for growth, though

insurers’ ability to

capitalize on these

industries varies widely

Shipping (Rail, Marine, Trucking)

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91

12 Fastest Growing Industries in 2011, by Sales Growth*1. Metal & Mineral Wholesalers +28.1%

2. Forging & Stamping +26.2%

3. Resins, Synthetic Rubber/Fiber/Filaments +24.5%

4. Cattle Ranching & Farming +22.8%

5. Coating, Engraving, Heat Testing & Allied Act. +22.4%

6. Motor Vehicle Parts Mfg. +21.7%

7. Machine Shops +21.0%

8. Petroleum & Petro. Merchant Wholesaling +19.9%

9. Freight Transportation +19.3%

10. Rubber Product Manufacturing +18.7%

11. Wholesale Electronic Markets +18.6%

12. Foundries +17.7%

*12-months ending Oct. 2011. Total of 184 industries.Source: Sageworks Consulting from US Census Bureau data as published in BusinessInsider.com (Oct. 5, 2011); Insurance Information Inst.

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92

Labor Market Trends

Massive Job Losses Sapped the Economy and Commercial/Personal

Lines Exposure, But Trend is Improving

92

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93

Unemployment and Underemployment Rates: Stubbornly High in 2012, But Falling

2

4

6

8

10

12

14

16

18

Jan00

Jan01

Jan02

Jan03

Jan04

Jan05

Jan06

Jan07

Jan08

Jan09

Jan10

Jan11

Jan12

Traditional Unemployment Rate U-3

Unemployment + Underemployment Rate U-6

Unemployment stood at 8.3% in February 2012

Unemployment peaked at 10.1% in October 2009, highest monthly rate since 1983.

Peak rate in the last 30 years:

10.8% in November -

December 1982

Source: US Bureau of Labor Statistics; Insurance Information Institute.

U-6 went from 8.0% in March

2007 to 17.5% in October 2009; Stood at 14.9%

in Feb. 2012

January 2000 through February 2012, Seasonally Adjusted (%)

Recession ended in

November 2001

Unemployment kept rising for

19 more months

Recession began in

December 2007

Stubbornly high unemployment and underemployment constrain overall economic growth, but the job market is now clearly improving

93

Feb 12

Page 84: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

94

US Unemployment Rate

4.5

%

4.5

%

4.6

%

4.8

%

4.9

% 5.4

% 6.1

%

6.9

%

8.1

%

9.3

%

9.6

% 10

.0%

9.7

%

9.6

%

9.6

%

8.9

%

9.1

%

9.1

%

8.7

%

8.3

%

8.3

%

8.2

%

8.1

%

8.0

%

7.8

%

7.7

%

7.6

%

9.6

%4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%

11.0%

07

:Q1

07

:Q2

07

:Q3

07

:Q4

08

:Q1

08

:Q2

08

:Q3

08

:Q4

09

:Q1

09

:Q2

09

:Q3

09

:Q4

10

:Q1

10

:Q2

10

:Q3

10

:Q4

11

:Q1

11

:Q2

11

:Q3

11

:Q4

12

:Q1

12

:Q2

12

:Q3

12

:Q4

12

:Q1

12

:Q2

12

:Q3

12

:Q4

Rising unemployment eroded payrolls

and workers comp’s

exposure base.

Unemployment peaked at 10% in

late 2009.

* = actual; = forecastsSources: US Bureau of Labor Statistics; Blue Chip Economic Indicators (3/12 edition); Insurance Information Institute.

2007:Q1 to 2013:Q4F*

Unemployment forecasts have been revised

downwards for 2012 and 2013. Optimistic scenarios

put the unemployment as low as 7.7% by Q4 of this year.

Jobless figures have been revised

downwards for 2012

Page 85: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

186

7921

365

127

42 15-1

09-1

465

9723

-12

-85 -58

-161

-253 -230

-257

-347

-456

-547

-734 -6

67-8

06-7

07-7

44-6

49-3

34-4

52-2

97-2

15 -186

-262

75-8

316

62

229

51 6111

714

311

2 193

128 16

711

925

726

126

410

810

2 175

5221

613

9 178 23

4 285

233

144

(1,000)

(800)

(600)

(400)

(200)

0

200

400

Jan-

07F

eb-0

7M

ar-0

7A

pr-0

7M

ay-0

7Ju

n-07

Jul-0

7A

ug-0

7S

ep-0

7O

ct-0

7N

ov-0

7D

ec-0

7Ja

n-08

Feb

-08

Mar

-08

Apr

-08

May

-08

Jun-

08Ju

l-08

Aug

-08

Sep

-08

Oct

-08

Nov

-08

Dec

-08

Jan-

09F

eb-0

9M

ar-0

9A

pr-0

9M

ay-0

9Ju

n-09

Jul-0

9A

ug-0

9S

ep-0

9O

ct-0

9N

ov-0

9D

ec-0

9Ja

n-10

Feb

-10

Mar

-10

Apr

-10

May

-10

Jun-

10Ju

l-10

Aug

-10

Sep

-10

Oct

-10

Nov

-10

Dec

-10

Jan-

11F

eb-1

1M

ar-1

1A

pr-1

1M

ay-1

1Ju

n-11

Jul-1

1A

ug-1

1S

ep-1

1O

ct-1

1N

ov-1

1D

ec-1

1Ja

n-12

Feb

-12

Monthly Change in Private Employment

January 2008 through February 2012* (Thousands)

Private Employers Added 4.046 million Jobs Since Jan. 2010 After Having Shed 4.66 Million Jobs in 2009 and 3.81 Million in 2008 (State and Local Governments Have Shed Hundreds of Thousands of Jobs

Source: US Bureau of Labor Statistics: http://www.bls.gov/ces/home.htm; Insurance Information Institute

Monthly Losses in Dec. 08–Mar. 09 Were

the Largest in the Post-WW II Period

233,000 private sector jobs were created in

February

95

Page 86: Workers Compensation: Overview, Outlook and Review of Critical Issues Insurance Information Institute March 29, 2012 Download at

0.02

30.

011

-0.0

74-0

.132

-0.2

93-0

.546

-0.7

76-1

.033

-1.3

80-1

.836

-2.3

83-3

.117

-3.7

84-4

.590

-5.2

97-6

.041

-6.6

90-7

.024

-7.4

76-7

.773

-7.9

88-8

.174

-8.4

36-8

.361

-8.4

44-8

.428

-8.3

66-8

.222

-7.9

93-7

.942

-7.8

81-7

.764

-7.6

21-7

.509

-7.3

16-7

.188

-7.0

21-6

.902 -6.3

84-6

.120

-6.0

12-5

.910

-5.7

35-5

.683

-5.4

67-5

.328

-5.1

50-4

.916

-4.6

31-4

.396

-6.6

45

-10

-8

-6

-4

-2

0

2

Dec

-07

Jan-

08F

eb-0

8M

ar-0

8A

pr-0

8M

ay-

Jun-

08Ju

l-08

Aug

-08

Sep

-08

Oct

-08

Nov

-08

Dec

-08

Jan-

09F

eb-0

9M

ar-0

9A

pr-0

9M

ay-

Jun-

09Ju

l-09

Aug

-09

Sep

-09

Oct

-09

Nov

-09

Dec

-09

Jan-

10F

eb-1

0M

ar-1

0A

pr-1

0M

ay-

Jun-

10Ju

l-10

Aug

-10

Sep

-10

Oct

-10

Nov

-10

Dec

-10

Jan-

11F

eb-1

1M

ar-1

1A

pr-1

1M

ay-

Jun-

11Ju

l-11

Aug

-11

Sep

-11

Oct

-11

Nov

-11

Dec

-11

Jan-

12F

eb-1

2

Mill

ion

sCumulative Change in Private Employment: Dec. 2007—Feb. 2012

December 2007 through February 2012* (Millions)

Source: US Bureau of Labor Statistics: http://www.bls.gov/ces/home.htm; Insurance Information Institute

Cumulative job losses peaked at 8.444 million

in December 2009

Cumulative job losses as of Feb. 2012 totaled

4.398 million

96

All of the jobs “lost” since President

Obama took office in Jan. 2009 have been

recouped

Private Employers Added 4.046 million Jobs Since Jan. 2010 After Having Shed 4.66 Million Jobs in 2009 and 3.81 Million in 2008 (State and Local Governments Have Shed Hundreds of Thousands of Jobs)

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98

Unemployment Rates by State, January 2012:Highest 25 States*

12

.7

10

.9

10

.9

10

.2

9.9

9.9

9.6

9.4

9.3

9.2

9.0

9.0

8.8

8.8

8.7

8.7

8.3

8.3

8.2

8.1

8.0

7.8

7.8

7.7

7.6

0

2

4

6

8

10

12

14

NV CA RI NC DC MS FL IL SC GA MI NJ KY OR AZ IN NY WA TN ID CT AL CO OH AR

Un

em

plo

ym

en

t R

ate

(%

)

*Provisional figures for January 2012, seasonally adjusted.

Sources: US Bureau of Labor Statistics; Insurance Information Institute.

In January, 45 states and the District of Columbia reported over-the-month

unemployment rate decreases, 1 state had an increase, and 4 had no change.

California is tied with RI for the 2nd highest

unemployment rate in the US

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99

7.6

7.5

7.4

7.3

7.2

7.0

7.0

7.0

6.9

6.9

6.9

6.5

6.5

6.5

6.1

6.1

5.8

5.7

5.6

5.5

5.4

5.2

5.0

4.2

4.0

3.2

0

2

4

6

8

10

PA MO WV TX AK DE ME NM LA MA WI HI MD MT KS OK VA UT MN WY IA NH VT SD NE ND

Une

mpl

oym

ent R

ate

(%)

Unemployment Rates By State, January 2012: Lowest 25 States*

*Provisional figures for January 2012, seasonally adjusted.Sources: US Bureau of Labor Statistics; Insurance Information Institute.

In January, 45 states and the District of Columbia reported over-the-month

unemployment rate decreases, 1 state had an increase, and 4 had no change.

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Inflation

100

Is it a Threat to Claim Cost Severities

100

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101

Annual Inflation Rates, (CPI-U, %),1990–2017F

2.8 2.6

1.51.9

3.3 3.4

1.3

2.5 2.3

3.0

3.8

2.8

3.8

-0.4

1.6

3.2

2.2 2.2 2.4 2.4 2.4 2.52.9

2.4

3.23.0

5.14.9

-1.0

0.0

1.0

2.0

3.0

4.0

5.0

6.0

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12F13F14F15F16F17F

Sources: US Bureau of Labor Statistics; Blue Chip Economic Indicators, 10/11 and 3/12 (forecasts).

The slack in the U.S. economy suggests that inflationary pressures should remain subdued for an extended period of times. Energy, health care and

commodity prices, plus U.S. debt burden, remain longer-run concerns

Annual Inflation Rates (%)

Inflation peaked at 5.6% in August 2008 on high energy and commodity crisis. The recession and the collapse of the

commodity bubble reduced inflationary pressures in 2009/10

Higher energy, commodity and food

prices pushed up inflation in 2011, but

not longer turn inflationary

expectations.

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P/C Personal Insurance Claim Cost Drivers Grow Faster Than the Core CPI Suggests

Sources: Bureau of Labor Statistics; Insurance Information Institute.

3.2%

1.7%

6.8%

5.1%

4.2%

3.0% 3.2%

0%

2%

4%

6%

8%

Overall CPI "Core" CPI Inpatient HospitalServices

OutpatientHospital Services

PrescriptionDrugs

Medical CareCommodities

Legal Services

Healthcare costs are a major liability, med pay, and PIP claim cost driver. They are likely to grow faster than the CPI for the next few years, at least

102

Excludes Food and Energy

Price Level Change: 2011 vs. 2010

102

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Medical Cost Inflation Has Outpaced Overall Inflation For Over 50 Years

752.3

1747.1

0

300

600

900

1200

1500

1800

61 66 71 76 81 86 91 96 01 06 11

Inde

x V

alue

(196

1=10

0)

All Items

Medical Care

Source: Department of Labor (Bureau of Labor Statistics)

A claim that cost $1,000 in 1961 would cost nearly $17,500 based on

medical cost inflation trends over the past 51 years.

103

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Federal Regulatory Update:Dodd-Frank Implementation

Health Care Reform

104

A Brief Summary of Implications for Insurers

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Dodd-Frank Financial Services Reform & Consumer Protection Act

105

A Brief Summary of Implications for Insurers

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106

Financial Services Reform:What does it mean for insurers?

Systemic Risk and Resolution Authority

Creates the Financial Stability Oversight Council and the Office of Financial Research

Imposes heightened federal regulation on large bank holding companies and “systemically risky” nonbank financial companies, including insurers

Federal Insurance Office (FIO)

Establishes the FIO (while maintaining state regulation of insurance) within the Department of Treasury, headed by a Director appointed by the Secretary of Treasury

FIO will have authority to monitor the insurance industry, identify regulatory gaps that could contribute to systemic crisis

CONCERN: FIO morphs into quasi/shadow or actual regulator

Surplus Lines/Reinsurance

Title V of the Dodd-Frank bill includes, as a separate subtitle, the Nonadmitted and Reinsurance Reform Act (NRRA), which eliminates regulatory inefficiencies associated with surplus lines insurance and reinsurance

The Dodd-Frank Wall Street Reform and Consumer Protection Act

Source: Insurance Information Institute (I.I.I.) updates and research; The Financial Services Roundtable; Adapted from summary by Dewey & LeBoeuf LLP

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108

Federal Insurance Office (FIO):What Would it Do?

Establishes office within US Treasury headed by a Director appointed

by Treasury Secretary, and charged with:

Monitor the insurance industry to gain expertise (oversight extends to all lines of

insurance except health insurance, long-term care and federal crop insurance).

Identify regulatory gaps that could contribute to a systemic crisis in the insurance

industry or the U.S. financial system.

Gather information from the insurance industry in order to analyze such data and

issue reports. May require insurers, with exception of small insurers which are

exempt, to submit data and FIO director can issue subpoenas to gain such info.

Deal with international insurance matters.

Monitor the extent to which underserved communities have access to affordable

insurance products.

Assist in administration of the Terrorism Risk Insurance Program (expires end of

2014)

Duties of the Federal Insurance Office

Source: Insurance Information Institute (I.I.I.) updates/research; The Financial Services Roundtable; Adapted from summary by Dewey & LeBoeuf LLP

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110

Dodd-Frank ImplementationStatus Report for Insurers: Slow Start

Financial Stability Oversight Council—Slow to Consider Insurer Concerns

FSOC deliberates largely behind closed doors

Criteria and process for designation of Systemically Important Financial Institutions (SIFIs) were not announced until October 12, 2011

• Likely that a small number of US insurers will be designated as SIFIs

Operated/deliberated until late September 2011 without a voting member representing the insurance industry

• Roy Woodall, approved by Senate in Sept. 27, 2011, is the sole voting representative for the entire p/c and life insurance industry (was Kentucky Ins. Comm. 1966-1967; Worked in other insurance trade posts, Treasury)

Two non-voting FSOC members represent insurance interests:

• FIO Director Michael McRaith (started June 1, 2011)

• Missouri Insurance Director John Huff (started in Sept. 2010)

Not allowed to brief fellow regulators on FSOC discussions

The Dodd-Frank Wall Street Reform and Consumer Protection Act

Source: Insurance Information Institute (I.I.I.) updates and research

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111

Dodd-Frank Implementation:SYSTEMIC RISK CRITERIA

All Banks with Assets > $50B Considered Systemically Important Non-Bank Financial Groups with Global Consolidated Assets > $50B Will Be Examined

for Systemic Riskiness, But Not Automatically Labeled as a Systemically Important Financial Institution (SIFI)

Foreign firms with assets in the US exceeding $50 billion will also fall under review

If Firm Exceeds the $50B Threshold, a 3-Stage Test Applies STAGE 1: Non-Banks Financial Groups with $50B+ Assets Will Be Evaluated on Five

“Uniform Quantitative Thresholds,” at Least One of Which Will Have to Be Met to Trigger a Further (Stage 2) Review Potentially Leading to a SIFI Designation

Leverage: Would have to be leveraged more than 15:1 (insurers unlikely to trigger)

ST Debt-to-Assets: Would have to a ratio of ST debt (less than 12 months to maturity) to consolidate assets exceeding 10%

Debt: Have total debt exceeding $20 billion (i.e., loans borrowed and bond issues)

Derivative Liabilities: Have derivative liabilities exceeding $3.5 billion

Credit Default Swaps: Have more than $30 billion CDS outstanding for which the nonbank financial firm is the reference entity (i.e., CDS written against firm’s failure)

Thresholds Considered to Be Guideposts Not all companies that breach a barrier will be deemed systemically important

Regulators retain right to include firms that do meet any of the criteria

The Dodd-Frank Act and Systemic Importance

Source: Financial Stability Oversight Council; Insurance Information Institute (I.I.I.) research.

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112

Dodd-Frank Implementation:SYSTEMIC RISK CRITERIA (continued)

STAGE 2: Analysis of Firms Triggering Uniform Quantitative Thresholds Firms triggering one or more of the quantitative thresholds in Stage 1 will be analyzed using publicly

available information in order to conduct a more thorough review

No data call will be required at this stage

Firms viewed as potentially systemically important (candidate SIFIs) will subject to a Stage 3 analysis

STAGE 3: Analysis of Candidate Systemically Important Financial Institutions Firms deemed in Stage 2 to be potentially systemically important will be subjected to more detailed

analysis including data not available during the Stage 2 analysis

Stage 3 firms will be notified by the FSOC that they are under consideration and will have the opportunity to contest their consideration

SIFI DESIGNATION PROCEDURE: 2-Stage Voting Procedure by FSOC is Required Before a Final SIFI Designation is Made

At the conclusion of the Stage 3, FSOC has the authority to propose a firm be designated as a SIFI

Requires 2/3 majority vote of FSOC members, including affirmation of the Chair (Treasury Secretary)

Potential SIFI firm will be given written explanation for the determination

Firm can request a hearing to contest the determination

Final determination requires another 2/3 majority of FSOC members and affirmation of the Chair

The Dodd-Frank Act and Systemic Importance

Source: Financial Stability Oversight Council; Insurance Information Institute (I.I.I.) research.

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113

Dodd-Frank Implementation:FSOC MEMBERS

Members of the Financial Stability Oversight Council

There are 10 voting members of the FSCO

Treasury Secretary and FSOC Chair: Timothy Geithner

Federal Reserve Chairman: Ben Bernanke

Securities & Exchange Commission Chairman: Mary Shapiro

Commodities Futures Trading Commission Chairman: Gary Gensler

National Credit Union Administration Chairman: Debbie Matz

(Acting) Comptroller of the Currency: John Walsh

Federal Housing Finance Agency (Acting) Director: Edward DeMarco

Consumer Financial Protection Bureau Director: Richard Cordray

Independent Insurance Expert: Roy Woodall

There are 2 nonvoting members of the FSOC representing insurance interests

Federal Insurance Office Director Mike McGraith

John Huff, Director of the Missouri Insurance Department

The Dodd-Frank Act and Systemic Importance

Source: Financial Stability Oversight Council; Insurance Information Institute (I.I.I.) research.

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118

Dodd-Frank Implementation:Federal Insurance Office: Very Quiet

FIO’s First Director Did Not Assume Office Until June 1, 2011

Former Illinois Insurance Director Michael McRaith

Small staff (10-12) and modest budget; Trying to staff up

McRaith has made relatively few appearances or public comments

FIO held small conference at Treasury on Dec. 9

Study on State of Insurance Regulation Was Due Jan. 2012

Delayed—April release likely

Report will likely review previously identified inefficiencies and strengths of current regulatory system with an eye toward modernization.

Consumer protection could play a larger-than-expected role

Treasury Will Exert Heavy Influence on the Report

Federal Insurance Office Update: Activity Update

Source: Insurance Information Institute (I.I.I.) updates and research

Former President of P/C Insurance at The Hartford

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Source: James Madison Institute, February 2008.

ME

NH

MA

CT

PA

WV

VA

NC

LA

TX

OK

NE

ND

MN

MI

IL

IA

ID

WA

OR

AZ

HI

NJRI B

DE

AL

VT

NY

MD

SC

GA

TN

AL

FL

MS

ARNM

KYMOKS

SDWI

IN

OH

MT

CA

NV

UT

WY

CO

AK

= A= B= C= D= F= NG

Source: Heartland Institute, May 2011

B B+

B+

D

B

C-

B-

B+

B+C-

B+C-

B

C+

C-

C-

B- D-

B

F

D

C-

C-C+

B+

B+

B+

A+

A+

C-

B

A

A

B

C+

C+

B-

B-

C+

C

F

D+F

D+

B

C+

F F

D-

2010 Property & Casualty InsuranceRegulatory Report Card: Enormous Variation

Not Graded: District of Columbia

There is enormous variation in the quality of insurance regulation in the United States. There are many sources of this variation, though problems in

prudential/solvency regulation are rare.

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Dodd-Frank and Insurance:The Years Ahead

121

Outlook for Its Medium and Long-Term Viability & Global Influence

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122

Dodd-Frank:What does the future hold for insurers?

Short-to-Mid-Term Uncertainty

Outcome of 250-300 rules across many federal agencies (ETA: months to years)

Legal challenges to the Dodd-Frank (ETA: Years)

Outcome of 2012 election (US Senate could fall under Republican control, Republican presidential candidates vow to repeal/revisit reforms) (ETA: 9-21 months)

Mid-Term Issues for Insurers

FIO report in 2012: Will there be renewed effort for federal chartering in the US?

Federal chartering will reopen a large scale battle within the US insurance industry

Systemic Risk Designations: Will affect very few US insurers (3-5)

CONCERN: FIO morphs into quasi/shadow or actual regulator; CFPB too.

Mid-to-Long-Term Issues for Insurers

SIFI: Do enhanced capital requirements put them at a competitive disadvantage or is the “Too Big To Fail” designation viewed as an advantage?

Solvency II: Tough sell in the US right now (Solvency II = Basel III = European Banks)

Insurance Issues Timeline for Dodd-Frank

Source: Insurance Information Institute (I.I.I.) updates and research.

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123

Dodd-Frank: Long-term Issues for Insurers & the Dodd-Frank Blueprint

Longer-Term Issues for Insurers

Streamlining of Regulation: Dodd-Frank does little to directly address the inefficiencies of the US insurance regulatory system. (ETA: Many Years, Never)

2012 FIO study will address some of these issues, but likelihood of timely, uniform implementation of recommendations is remote (FIO has no regulatory power; Treasury/Fed powers very limited)

Begs questions of regulatory authority: States vs. Federal Government

Ultimate Resolution of Regulatory Authority: (ETA: Years)

Possible outcomes: OFC, status quo or bifurcation (life = federal, nonlife = OFC)

Can Dodd-Frank Serve as a Blueprint for International Reforms?

The US is and will remain in a greatly weakened position in terms of its credibility to offer regulatory or policy solutions internationally

Elements of Dodd-Frank (e.g., derivatives regulation) could prove useful; Systemic risk criteria

Dodd-Frank provides little guidance on international insurance issues, though FIO will define its role (albeit a narrow one) on this issue

Insurance Issues Timeline for Dodd-Frank

Source: Insurance Information Institute (I.I.I.) updates and research.

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124

Healthcare Reform & Implications for

Workers Compensation

124

A Status Report

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125

Outline of Discussion Items

Summary of the Major Provisions of the Patient Protection and Affordable Care Act (PPACA) of 2010 – popularly known as ObamaCare

Implementation Timetable for Key Provisions of PPACA

Challenges to the Act

Possible Effects on Workers Compensation Benefits/Insurance

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137

Possible Effects of Affordable Care Act onWorkers Compensation

137

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138

Possible Effects on Workers Comp

1. Changes in Medicare Reimbursement Levels

If CMS-authorized Medicare reimbursement levels are modified there could be impacts on states that used Medicare as a basis for reimbursement in their fee schedules. This could affect Physician Fee Schedules, Hospital Fee Schedules (inpatient, outpatient and ambulatory surgical centers) Magnitude of impact depends on (i) when feds make changes to

Medicare reimbursements How (if?) states adopt new Medicare reimbursement formula for

their own WC fee schedules

2. Reduced Cost Shifting into Workers Comp

If health care coverage is expanded, presumably the incentive to cost shift is diminished

Source: NCCI, 2011 Issues Report.

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139

Possible Effects on Workers Comp (cont’d)

3. Wellness Initiatives Affordable Care Act promotes wellness programs which

could, over the long run, reduce the incidence and duration of workers comp claims

4. Protecting Consumer Access to Generic Drugs One provision of the Act facilitates early entry of generic

drugs, which could have a favorable incremental effect on WC pharmaceutical costs

5. New Taxes Act calls for new taxes on medical devices, drug

manufacturers and health insurance companies

6. Reduction in Fraud and Abuse Broad reach of Affordable Care Act combined with

enforcement and penalty provisions could reduce fraud and abuseSource: NCCI, 2011 Issues Report.

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142

Challenges to “ObamaCare”

142

Few Acts of Congress Have Generated Such Intense Debate

and Aroused Such Passions Among the Public and Politicians

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Legal and Political Challenges

1. U.S. Supreme Court

Heard arguments on constitutionality of PPACA on Monday-Wednesday, March 26-28 in rare 3 sessions totaling 6 hours Longest block of time for arguments in 40 years

Decision expected in June at end of Supreme Court session

2. U.S. Congress

H.R. 5, the Protecting Access to Healthcare Act, Repeals the Independent Payment Advisory Board An amendment to H.R. 5 repeals, for health insurers, the limited

exemption from anti-trust laws that they have had under McCarran-Ferguson since 1945

All candidates for the Republican presidential nomination and many GOP party leaders have repeatedly stated their intention to repeal the PPACA next year.

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Summary of Supreme Court Hearings on Affordable Care Act1. Day 1: Anti-Injunction Act

Anti-Injunction Act dates to an 1867 law asserting that a tax cannot be challenged before it is paid. Court seemed unpersuaded by idea that it could not hear challenges to the Act now even though “penalty” for not complying with the mandate does begin until 2014

2. Day 2: The Mandate to Purchase Coverage Court seemed to believe that such a mandate represented an overreach of

Congressional authority It appears (highly) likely that the mandate will be ruled unconstitutional

3. Day 3: Severing the Mandate & Viability of the ACA Unclear that the Act can survive of the mandate is severed. Two issues

are inextricably linked to the mandate: Guarantee Issue: Can’t deny coverage due to pre-existing conditions Community Rating: Everyone charged the same

4. What’s Next: Ruling Likely in June Will the Court rule to invalidate the entire ACA or rule narrowly on the

mandate Does that mortally wound the Act: Death by Adverse Selection? Will states develop a Plan B?

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Thank you for your timeand your attention!

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