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Reserve for Known and Incurred but Not Reported Claims
12 Months Ended
Dec. 31, 2015
Insurance Loss Reserves [Abstract]  
Reserve for Known and Incurred but Not Reported Claims

NOTE 8.    Reserve for Known and Incurred But Not Reported Claims:

Activity in the reserve for known and incurred but not reported claims is summarized as follows:

 

 

December 31,

 

 

2015

 

 

2014

 

 

2013

 

 

(in thousands)

 

Balance at beginning of year

$

1,011,780

 

 

$

1,018,365

 

 

$

976,462

 

Provision related to:

 

 

 

 

 

 

 

 

 

 

 

Current year

 

395,459

 

 

 

383,181

 

 

 

378,968

 

Prior years

 

95,633

 

 

 

66,842

 

 

 

151,388

 

 

 

491,092

 

 

 

450,023

 

 

 

530,356

 

Payments, net of recoveries, related to:

 

 

 

 

 

 

 

 

 

 

 

Current year

 

209,845

 

 

 

196,656

 

 

 

182,653

 

Prior years

 

266,647

 

 

 

273,094

 

 

 

296,657

 

 

 

476,492

 

 

 

469,750

 

 

 

479,310

 

Other

 

(42,500

)

 

 

13,142

 

 

 

(9,143

)

Balance at end of year

$

983,880

 

 

$

1,011,780

 

 

$

1,018,365

 

 

Current year payments include $198.6 million, $174.4 million and $167.3 million in 2015, 2014 and 2013, respectively, that primarily relate to the Company’s specialty insurance segment. Prior year payments, net of recoveries, include $23.1 million, $23.2 million and $16.0 million in 2015, 2014 and 2013, respectively, that relate to the Company’s specialty insurance segment.  

“Other” primarily includes foreign currency translation gains and losses, assets acquired in connection with claim settlements, and recoveries. Included for the year ended December 31, 2015, are recoveries of $23.8 million on reinsured losses related to a large commercial title claim. Payments and recoveries on reinsured losses for the Company’s title insurance and property and casualty businesses were immaterial during the years ended December 31, 2014 and 2013.  

The provision for title insurance losses, expressed as a percentage of title insurance premiums and escrow fees, was 6.6%, 7.1% and 8.9% for the years ended December 31, 2015, 2014 and 2013, respectively.

The current year rate of 6.6% reflects an ultimate loss rate of 4.2% for the current policy year and a $93.1 million net increase in loss reserve estimates for prior policy years.  The increase in loss reserve estimates for prior policy years was primarily attributable to a change in methodology used by the Company’s internal actuary to estimate total ultimate losses.  Historically, the internal actuary’s model did not separate claims experience for large title claims from normal title claims activity.  A large title claim is defined as a title claim with a total ultimate loss in excess of $2.5 million.  With this change in methodology, the model now separates claims experience for large title claims from normal title claims activity when developing reserve estimates.  As a result, loss reserve estimates for prior policy years increased, primarily for policy years 2004 through 2007.  The change in methodology was implemented due to the increased frequency of large title claims experienced over the last several years and the volatility associated with the timing and severity of large title claims.  The Company accounted for this change in methodology as a change in accounting estimate.

As of December 31, 2015, the IBNR claims reserve for the title insurance and services segment was $844.4 million, which reflected management’s best estimate. The Company’s internal actuary determined a range of reasonable estimates of $719.5 million to $922.0 million. The range limits are $124.9 million below and $77.6 million above management’s best estimate, respectively, and represent an estimate of the range of variation among reasonable estimates of the IBNR reserve. Actuarial estimates are sensitive to assumptions used in models, as well as the structures of the models themselves, and to changes in claims payment and incurral patterns, which can vary materially due to economic conditions, among other factors.

The prior year rate of 7.1% reflected an ultimate loss rate of 5.3% for policy year 2014 and a net increase in loss reserve estimates for prior policy years of $64.1 million. The increase in loss reserve estimates for prior policy years reflected claims development above expected levels during 2014, primarily from domestic commercial policies.  The reserve strengthening associated with domestic commercial policies was $41.4 million and was primarily attributable to several large commercial claims, net of anticipated recoveries, mainly from mechanics liens, and primarily related to policy years 2003, 2005 and 2007.  Other factors, including a large international commercial claim from policy year 2004, also contributed to the net increase in loss reserve estimates for prior policy years.

The 2013 rate of 8.9% reflected an ultimate loss rate of 5.0% for policy year 2013 and a net increase in loss reserve estimates for prior policy years of $150.2 million. The increase in loss reserve estimates for prior policy years reflected claims development above expected levels during 2013, primarily from domestic lenders policies, commercial policies and the Company’s guaranteed valuation product offered in Canada.  The reserve strengthening associated with domestic lenders policies was $67.4 million and was primarily attributable to increased claims frequency for policy years 2004 through 2008.  The increased claims frequency was primarily due to mortgage lenders and servicers processing a large volume of foreclosures during 2013.  As foreclosure processing increases, lenders claims generally increase, because lenders claims typically come from foreclosures in which the lender suffers a loss.  At December 31, 2013, the Company expected the high level of foreclosure processing to continue in the near term as mortgage lenders and servicers worked through their foreclosure inventory.  The reserve strengthening associated with domestic lenders policies reflected these expectations.  The reserve strengthening associated with commercial policies was $38.8 million and was primarily attributable to several large commercial claims, mainly from mechanics liens, and primarily related to policy years 2007 and 2008.  The reserve strengthening associated with the guaranteed valuation product offered in Canada was $21.7 million and was primarily attributable to claims frequency exceeding the Company’s expectations during 2013.  The increase in frequency primarily related to policy years 2007 and 2010.

The projected ultimate loss ratios, as of December 31, 2015, for policy years 2015, 2014 and 2013 were 4.2%, 4.7% and 3.7%, respectively.

A summary of the Company’s loss reserves is as follows:

 

(in thousands, except percentages)

 

December 31, 2015

 

 

December 31, 2014

 

Known title claims

$

87,543

 

 

 

8.9

%

 

$

165,330

 

 

 

16.3

%

Incurred but not reported claims

 

844,364

 

 

 

85.8

%

 

 

802,069

 

 

 

79.3

%

Total title claims

 

931,907

 

 

 

94.7

%

 

 

967,399

 

 

 

95.6

%

Non-title claims

 

51,973

 

 

 

5.3

%

 

 

44,381

 

 

 

4.4

%

Total loss reserves

$

983,880

 

 

 

100.0

%

 

$

1,011,780

 

 

 

100.0

%

The Company’s reserve for known title claims was $87.5 million at December 31, 2015, a decline of $77.8 million, or 47.0%, from the balance at December 31, 2014.  This decline is primarily attributable to settlement payments associated with certain large claims during the first quarter of 2015.  The reserve for known title claims associated with these claims recorded at December 31, 2014 was $56.0 million.  The Company paid $35.0 million, net of $21.0 million recovered through reinsurance, during the first quarter of 2015 to settle these claims.