ERIE INDEMNITY CO annual report, FY2012

Business context and reporting period

Erie Indemnity Company’s Form 10-K covers the fiscal year ended December 31, 2012, with quarterly results for Q4. Indemnity is the Exchange’s managing attorney-in-fact and earns a fee based on premiums written. The consolidated statements include the Erie Insurance Exchange, whose assets and earnings largely belong to its policyholder subscribers and are reported as noncontrolling interest. Indemnity itself functions principally as a management company; therefore, consolidated results should not be confused with earnings attributable to Indemnity shareholders.

Financial and operating performance

Metric20122011
Consolidated revenue$5.512 billion$4.824 billion
Consolidated net income$619 million$268 million
Net income attributable to Indemnity$160 million$169 million
Indemnity diluted Class A EPS$2.99$3.08
Net cash from operating activities$577 million$360 million
Cash and cash equivalents, year-end$400 million$185 million
Total assets, year-end$15.441 billion$14.348 billion

Consolidated revenue included $4.493 billion of earned premiums, $438 million of net investment income, $418 million of realized investment gains and $131 million of limited-partnership earnings. Consolidated revenue increased about 14%; net income more than doubled, chiefly reflecting a sharp recovery in realized investment results. Most of that improvement accrued to the Exchange: its noncontrolling-interest net income was $459 million versus $99 million. Indemnity shareholder net income declined from $169 million despite higher management-fee revenue.

Property and casualty direct written premiums grew 8.4% to $4.631 billion, while earned premiums rose 6.6% to $4.422 billion. The combined ratio improved to 105.6% from 109.1%, but remained above 100%, indicating an underwriting loss; the loss was $246 million versus $378 million. Current-year catastrophe losses fell to $489 million from $773 million, while favorable prior-year reserve development moderated to $115 million from $272 million. Management-operation revenue rose 8.1% to $1.188 billion, but costs grew 10.2% to $983 million; its gross margin fell to 17.3% from 18.9%.

Q4 2012 consolidated net income was $119 million, including $30 million attributable to Indemnity; diluted Class A EPS was $0.56. In Q4 2011, consolidated net income was $281 million and Indemnity-attributable income was $26 million, so the year-over-year consolidated decline contrasts with modest growth in Indemnity-attributable income.

Year-end Indemnity shareholders’ equity was $642 million, down from $781 million; total consolidated equity was $6.791 billion, including $6.149 billion of Exchange noncontrolling interest. The filing reports no borrowings on either the $100 million Indemnity revolving facility or the Exchange’s $300 million facility. Indemnity had $12 million cash; the Exchange had $388 million. These resources are not interchangeable: each entity’s assets and credit line are restricted to its own obligations. No standalone debt total is clearly presented in the supplied filing text.

Changes, outlook, risks and unusual items

  • Indemnity’s management fee rate remained at the maximum 25% in 2012 and was set at 25% for 2013. Management expected pricing actions to increase 2013 direct written premiums, subject to economic exposure and business-mix changes.
  • Management cited growth in policies in force (3.9%) and average premium per policy (4.3%) as drivers of premium and fee growth. Higher commissions, staffing, technology and other operating costs pressured Indemnity’s margin.
  • Investment gains were unusually significant and market-sensitive: consolidated realized gains were $418 million in 2012 versus a $4 million loss in 2011. Partnership results are generally reported on a one-quarter lag and do not capture Q4 2012 market conditions.
  • Indemnity paid $229 million in dividends during 2012, including a $95 million one-time special dividend; Class A dividends declared totaled $4.25 per share. The Board approved a 7.2% increase in regular dividends for 2013. Share repurchases cost approximately $69 million in 2012.
  • Key exposures include catastrophe and severe-weather losses, reserve-estimation uncertainty, inflation, competition, regulation, investment-market and liquidity risk, reliance on independent agents and the Exchange, and Indemnity’s large unsecured Exchange receivable. Exchange catastrophe reinsurance was renewed for 2013; coverage may not protect against losses above treaty limits. Insurer AM Best ratings were A+ for the Property and Casualty Group and A for EFL, with stable outlooks.
  • Alleged Exchange subscribers sued Indemnity over installment, late and reinstatement charges, claiming approximately $308 million and seeking an accounting of intercompany transactions. The case was at an early stage; Indemnity disputed the allegations. A related suit against Indemnity directors was filed in February 2013. The filing says legal accruals were not expected to be material, but the possible loss in the subscriber lawsuit was not clearly quantified.
  • EFL faces West Virginia unclaimed-property litigation and a multijurisdictional audit. Management said additional death claims, escheatment and possible fines were probable, but the loss or range could not then be reasonably estimated.
  • Workers’ compensation reserves are discounted at 2.5%; reserve estimates for long-tail and lifetime medical claims are sensitive to medical-cost inflation. A 100-basis-point increase in medical inflation would increase specified massive-injury reserves by $57 million. The auditor issued unqualified opinions on the financial statements and internal control; management also reported effective controls.

Important facts for investors to verify

  1. Separate Indemnity shareholder earnings and cash flows from Exchange policyholder results; confirm the effects of consolidation and the noncontrolling-interest presentation.
  2. Assess whether 2012 investment gains are repeatable and account for the reporting lag in limited-partnership results.
  3. Track the combined ratio, catastrophe claims and prior-year reserve development; 2012 underwriting remained unprofitable.
  4. Review developments and any subsequent disclosures on the $308 million subscriber allegations, director litigation, and EFL unclaimed-property matters.
  5. Confirm 2013 premium growth, the 25% management-fee rate, dividend policy, capital needs and liquidity at each legally separate entity.