Liberty Mutual Fire Insurance Company
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Report of the Examination of Liberty Mutual Fire Insurance Company Wausau, Wisconsin As of December 31, 2018 TABLE OF CONTENTS Page I. INTRODUCTION .................................................................................................................. 1 II. HISTORY AND PLAN OF OPERATION .............................................................................. 4 III. MANAGEMENT AND CONTROL ........................................................................................ 8 IV. AFFILIATED COMPANIES ................................................................................................ 11 V. REINSURANCE ................................................................................................................. 26 VI. FINANCIAL DATA .............................................................................................................. 38 VII. SUMMARY OF EXAMINATION RESULTS ....................................................................... 49 VIII. CONCLUSION.................................................................................................................... 55 IX. SUMMARY OF COMMENTS AND RECOMMENDATIONS .............................................. 57 X. ACKNOWLEDGMENT ....................................................................................................... 58 XI. APPENDIX—SUBSEQUENT EVENTS ............................................................................. 59 State of Wisconsin / OFFICE OF THE COMMISSIONER OF INSURANCE Tony Evers, Governor 125 South Webster Street • P.O. Box 7873 Mark V. Afable, Commissioner Madison, Wisconsin 53707-7873 Phone: (608) 266-3585 • Fax: (608) 266-9935 Wisconsin.gov June 10, 2020 [email protected] oci.wi.gov Honorable Mark V. Afable Commissioner of Insurance State of Wisconsin 125 South Webster Street Madison, Wisconsin 53703 Commissioner: In accordance with your instructions, a compliance examination has been made of the affairs and financial condition of: LIBERTY MUTUAL FIRE INSURANCE COMPANY Wausau, Wisconsin and this report is respectfully submitted. I. INTRODUCTION The previous examination of Liberty Mutual Fire Insurance Company (LMFIC or the company) was conducted in 2014 as of December 31, 2013. The current examination covered the intervening period ending December 31, 2018, and included a review of such 2019 and 2020 transactions as deemed necessary to complete the examination. The examination of the company was conducted concurrently with the examination of Liberty Mutual Group (LMG). The Massachusetts Division of Insurance (MA DOI) acted in the capacity as the lead state for the coordinated examinations. Work performed by the MA DOI was reviewed and relied on where deemed appropriate. The examination was conducted using a risk-focused approach in accordance with the National Association of Insurance Commissioners (NAIC) Financial Condition Examiners Handbook. This approach sets forth guidance for planning and performing the examination of an insurance company to evaluate the financial condition, assess corporate governance, identify current and prospective risks (including those that might materially affect the financial condition, either currently or prospectively), and evaluate system controls and procedures used to mitigate those risks. All accounts and activities of the company were considered in accordance with the risk-focused examination process. This may include assessing significant estimates made by management and evaluating management’s compliance with statutory accounting principles, annual statement instructions, and Wisconsin laws and regulations. The examination does not attest to the fair presentation of the financial statements included herein. If during the course of the examination an adjustment is identified, the impact of such adjustment will be documented separately at the end of the “Financial Data” section in the area captioned "Reconciliation of Surplus per Examination." Emphasis was placed on those areas of the company's operations accorded a high priority by the examiner-in-charge when planning the examination. Special attention was given to the action taken by the company to satisfy the recommendations and comments made in the previous examination report. The company is annually audited by an independent public accounting firm as prescribed by s. Ins 50.05, Wis. Adm. Code. An integral part of this compliance examination was the review of the independent accountant's work papers. Based on the results of the review of these work papers, alternative or additional examination steps deemed necessary for the completion of this examination were performed. The examination work papers contain documentation concerning the alternative or additional examination steps performed during the examination. Independent Actuary's Review Since 1957, the company has been a participant in a reinsurance pooling agreement with LMIC and certain of its property and casualty insurance subsidiaries. The reinsurance pooling agreement is also known as the Liberty Pool. The company’s net loss and loss adjustment expense reserves are the product of the reserves of the Liberty Pool and the company’s participation percentage in the pool. 2 The MA DOI engaged a third-party consultant to review the adequacy of LMG’s loss and loss adjustment expense reserves. The actuary’s results were reported to the MA DOI’s examiner-in-charge. As deemed appropriate, reference is made in this report to the actuary’s conclusion. Investment Review The MA DOI engaged the same third-party consultant to perform a review of the company’s invested assets portfolio as of December 31, 2018. The results of that review were reported to the MA DOI examiner-in-charge. As deemed appropriate, reference is made in this report to the findings of the review. 3 II. HISTORY AND PLAN OF OPERATION The company was incorporated as the United Druggists Mutual Fire Insurance Company on October 31, 1908, under the laws of Massachusetts and commenced business on November 5, 1908. The word Druggists was deleted from its title in 1918. The present name of Liberty Mutual Fire Insurance Company was adopted on December 15, 1949. At that time, the company was a mutual insurance company affiliated with Liberty Mutual Insurance Company (LMIC) via common management and directorship. In 2001, the company reorganized into a stock insurance company as part of a mutual holding company restructuring. As part of its reorganization, the company is now affiliated with (1) Liberty Mutual Holding Company Inc. (LMHC), a Massachusetts mutual holding company and the ultimate parent in the mutual holding company structure; (2) LMHC Massachusetts Holdings Inc. (LMHC-MA), a Massachusetts stock holding company, which is a direct, wholly owned subsidiary of LMHC; and (3) Liberty Mutual Group Inc. (LMGI), a Massachusetts stock holding company which is a direct, wholly owned subsidiary of LMHC-MA and the direct parent of the company. The company’s reorganization was part of a series of transactions that resulted in the company, LMIC, and Employers Insurance Company of Wausau (EICOW) all reorganizing to stock companies under the common ownership of LMHC, thereby resulting in the policyholders of the company, LMIC, and EICOW becoming members of and having equity rights in LMHC. On December 22, 2005, LMFIC changed its state of domicile from Massachusetts to Wisconsin. Pursuant to the Stipulation and Order in the Matter of Case No. 05-C29871 between the Office of the Commissioner of Insurance and LMFIC, LMFIC’s compulsory surplus shall be the greater of $3,000,000, or 12.5% of its direct premiums written plus non-affiliated assumed premium during the previous 12 months, or 33-1/3% of net premiums written during the previous 12 months. As of December 31, 2018, the company has authorized an outstanding 100,000 shares of common capital stock with a par value of $100.00 per share. In addition, the company has 100,000 shares authorized of Series A Preferred Stock and 1,000 shares issued and outstanding with a stated par value of $0.01 per share. All outstanding capital stock of the 4 company is owned by LMGI, which is ultimately owned by LMHC. During the period covered by this examination, the company received no additional paid-in and contributed surplus The company has no employees of its own. Most day-to-day operations are conducted with staff provided by LMGI and LMIC in accordance with the business practices and internal controls of those organizations. Expenses are paid by LMIC on behalf of the company, or, in some cases, directly by the company for itself. Expenses other than federal income taxes are allocated through a general expense allocation agreement. Tax allocations are established in accordance with a written consolidated federal income tax sharing agreement applicable to LMHC and certain of its direct and indirect subsidiaries. Intercompany balances with affiliates are created in the ordinary course of business with settlements generally made on a quarterly basis. Written agreements with affiliates are further described in the section of this report titled “Affiliated Companies.” LMFIC’s operations are coordinated from its principal place of business in Boston, Massachusetts. The company owns no office buildings for the transaction of its own business. Support services are provided through a network of leased office facilities throughout the United States. As of the examination date, the company is licensed in all 50 states, the District of Columbia, and Puerto