ERIE INDEMNITY CO annual report, FY2010

Erie Indemnity Company — FY2010 Form 10-K

Reporting period: Fiscal year ended December 31, 2010. The filing is an annual report, not a standalone fourth-quarter filing; it includes unaudited quarterly results. Unless noted, figures are in U.S. dollars and millions.

Business context and reporting basis

Erie Indemnity manages the Erie Insurance Exchange as its attorney-in-fact and earns a fee based on property-and-casualty premiums. Under accounting guidance adopted retrospectively in 2010, the company consolidates the Exchange, a subscriber-owned reciprocal insurer. Accordingly, consolidated results include policyholder-owned Exchange results as noncontrolling interest; Indemnity shareholders do not own the Exchange’s equity or income.

On December 31, 2010, Indemnity sold its property-and-casualty subsidiaries to the Exchange. Indemnity continues as the management company, while the Exchange now owns all property-and-casualty operations. A separate agreement to sell Indemnity’s 21.6% interest in Erie Family Life (EFL) to the Exchange was expected to close by March 31, 2011.

Financial and operating results

MetricFY2010FY2009Change / context
Total consolidated revenue$4,890$4,255Up 14.9%
Net income, consolidated$660$446Exchange noncontrolling interest accounted for $498 and $338, respectively
Net income attributable to Indemnity$162$108Up 50%; diluted Class A EPS $2.85 versus $1.89
Operating income attributable to Indemnity (non-GAAP)$163$109Excludes realized investment gains/losses, impairments, and related taxes
Management fee revenue$1,009$965Up 4.6%; 25% fee rate in both years
Management operations income before tax$202$187Gross margin 19.4%, up from 18.7%; 2010 included a $5 favorable court ruling
Property-and-casualty direct written premiums$4,035$3,861Up 4.5%; policies in force up 3.3%
Property-and-casualty combined ratio100.1%99.2%Underwriting loss of $3 versus income of $29; above 100% indicates an underwriting loss
Operating cash flow, consolidated$721$889Down, primarily reflecting $69 of federal taxes paid versus a $121 tax recovery in 2009

Investment performance improved materially: limited-partnership earnings were $128 versus losses of $369 in 2009; recognized investment impairment losses fell to $6 from $126. Net investment income was $433 in both years. Total revenue and consolidated net income also reflect investment results and the Exchange’s policyholder-owned business, not solely Indemnity shareholder operations.

Property-and-casualty losses and loss expenses rose 6.4% to $2,815. Catastrophe losses increased to $288 from $129 and contributed 7.3 points to the loss ratio. Favorable prior-year reserve development was $244, including $188 on direct business; it improved the combined ratio by 4.8 points. The filing reports gross property-and-casualty reserves of $3,584 at year-end, all attributable to the Exchange after the subsidiary sale.

Fourth-quarter 2010 consolidated revenue was $1,401 and net income was $254; net income attributable to Indemnity was $12, or diluted Class A EPS of $0.22. Fourth-quarter 2009 figures were $1,125 revenue, $174 net income, and $24 attributable to Indemnity, or $0.43 diluted EPS.

Financial position, liquidity, and capital

  • At December 31, 2010, total assets were $14,344, total liabilities $8,010, and total equity $6,334. Indemnity shareholders’ equity was $912; Exchange noncontrolling interest was $5,422.
  • Consolidated cash and cash equivalents were $430, including $310 attributable to Indemnity and $120 to the Exchange. Consolidated investments totaled $11,815.
  • Indemnity reported no borrowings under its $100 credit line; the Exchange reported none under its $200 line. Both were in compliance with covenants. The filing does not identify material funded debt outstanding.
  • Indemnity’s operating cash flow was $193; its investing activities provided $196, including proceeds associated with the subsidiary sale, and financing activities used $155. Consolidated cash increased $196 during the year.
  • Indemnity’s receivables from the Exchange and affiliates were $232, or 17.7% of Indemnity assets, creating a concentration of credit risk. The filing says the Exchange had historically settled amounts owed on time.
  • Remaining commitments to limited partnerships totaled $452: $50 for Indemnity and $402 for the Exchange. The Exchange had $3,584 gross property-and-casualty reserves and $1,603 in life policy and deposit contract reserves.

Material changes, outlook, and risks

  • Restructuring: The property-and-casualty subsidiary sale generated estimated $285 net after-tax proceeds for Indemnity, with final settlement expected by March 31, 2011. The 2010 subsidiaries contributed $19, or $0.34 per share, to Indemnity net income. The planned EFL sale had estimated gross consideration of about $82 and estimated net after-tax proceeds of $55–$60; a fourth-quarter $18 deferred tax charge was recorded. EFL sale gains or losses were to adjust equity directly because the entities are under common control.
  • 2011 outlook: The Board set the management fee rate at its 25% maximum for 2011. Management expected pricing actions to produce a net increase in direct written premium in 2011, while cautioning that economic exposure reductions and changes in business mix could offset growth. The filing provides no quantified earnings guidance.
  • Underwriting and catastrophe exposure: Current-year loss ratios excluding catastrophe losses worsened in several lines. Renewed 2011 catastrophe reinsurance provides 90% coverage on losses up to $500 above a $350 retention per occurrence; additional coverage applies above the first treaty’s $850 limit. Terrorism losses are excluded from these treaties, and reinsurance does not remove the insurer’s obligation to policyholders.
  • Reserving uncertainty: Reserve estimates depend on claims development, inflation, court outcomes, and long-term medical costs. A 100-basis-point increase in medical-cost inflation would increase combined auto and workers’ compensation massive-injury reserves by $102. Such claims may require payments over 30–40 years.
  • Investment and liquidity risk: Equity and limited-partnership valuations are exposed to market movements; partnership results are generally reported on a one-quarter lag and therefore do not reflect fourth-quarter 2010 conditions. Limited partnerships are less liquid, and the group had $452 of unfunded commitments. Management stated it believed liquidity was sufficient for 2011.
  • Other risks: Dependence on the Exchange and the management fee, independent-agent distribution, competitive pricing, regulation, technology and cybersecurity, litigation, and reinsurer collectability. AM Best ratings were A+ for the property-and-casualty companies and A for EFL, with stable outlooks. Management said ordinary-course litigation was not expected to be material.
  • Capital returns: Indemnity paid $98 in dividends and repurchased $57 of shares under its plan in 2010. Remaining repurchase authority was approximately $146. The filing reports a 7.3% increase in 2011 dividends approved.
  • The auditor issued an unqualified opinion on the financial statements and internal controls; management also concluded disclosure controls and internal control over financial reporting were effective.

Most important facts for investors to verify

  • How the year-end transfer of property-and-casualty earnings, assets, reserves, and investment results to the Exchange changes Indemnity’s recurring shareholder earnings and cash flows.
  • Whether the EFL sale closed on the expected terms and how its final book-value adjustment affected Indemnity equity and future earnings.
  • The sustainability of premium growth and management fee income, given the maximum 25% fee rate, competition, economic pressures, and weakening combined ratio.
  • The adequacy of reserves and the assumptions behind favorable prior-year development, especially long-tail and massive-injury claims.
  • Investment valuation, liquidity, and fourth-quarter lag exposure in limited partnerships, as well as the Exchange’s substantial equity and financial-sector exposures.
  • Available liquidity and capital after the transactions, alongside the $452 in limited-partnership funding commitments and the Exchange-related receivable concentration.