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INVESTMENTS
12 Months Ended
Dec. 31, 2011
Investments  
Equity Method Investments [Text Block]

4. INVESTMENTS

 

FIXED MATURITY SECURITIES

 

The amortized cost and fair value of fixed maturity securities held at December 31, 2011 were as follows:

 

 

Available-for-sale fixed maturity securitiesAmortized Cost Gross Unrealized Gains Gross Unrealized Temporary Losses OTTI Losses (1) Fair Value
Non-corporate securities:              
Asset-backed securities$55 $ - $ - $ - $55
Residential mortgage-backed securities 24,340  2,203  -   -  26,543
Commercial mortgage-backed securities 9,643  286  (1,017)   -  8,912
U.S. states and political subdivision securities 214  7  0   -  221
U.S. treasury and agency securities 375,751  6,818  0   -  382,569
Total non-corporate securities 410,003  9,314  (1,017)   -  418,300
               
Corporate securities 929,957  79,479  (14,616)   (10,595)  984,225
               
Total available-for-sale fixed maturity securities$1,339,960 $88,793 $(15,633) $ (10,595) $1,402,525
               
               
Trading fixed maturity securitiesAmortized Cost Gross Unrealized Gains Gross Unrealized Losses  Fair Value   
Non-corporate securities:              
Asset-backed securities$423,464 $7,951 $(139,163) $292,252   
Residential mortgage-backed securities 868,588  13,857  (169,250)  713,195   
Commercial mortgage-backed securities 785,912  32,750  (135,644)  683,018   
Foreign government & agency securities 97,404  19,194  -  116,598   
U.S. states and political subdivision securities 486  41  -  527   
U.S. treasury and agency securities 323,298  13,705  (49)  336,954   
Total non-corporate securities 2,499,152  87,498  (444,106)  2,142,544   
               
Corporate securities 7,836,906  436,622  (135,536)  8,137,992   
               
Total trading fixed maturity securities$10,336,058 $524,120 $(579,642) $10,280,536   

 

4. INVESTMENTS (CONTINUED)

 

FIXED MATURITY SECURITIES (CONTINUED)

 

The amortized cost and fair value of fixed maturity securities held at December 31, 2010 were as follows:

 

 

Available-for-sale fixed maturity securitiesAmortized Cost Gross Unrealized Gains Gross Unrealized Temporary Losses OTTI Losses (1) Fair Value
Non-corporate securities:              
Asset-backed securities$694 $27 $(6) $ - $715
Residential mortgage-backed securities 32,263  2,351  -  -  34,614
Commercial mortgage-backed securities 15,952  522  (1,424)  -  15,050
Foreign government & agency securities 506  57  -  -  563
U.S. states and political subdivision securities 217  0  (3)  -  214
U.S. treasury and agency securities 371,704  4,500  (971)  -  375,233
Total non-corporate securities 421,336  7,457  (2,404)  -  426,389
               
Corporate securities 1,001,615  82,490  (2,267)  (12,304)  1,069,534
               
Total available-for-sale fixed maturity securities$1,422,951 $89,947 $(4,671) $(12,304) $1,495,923
               
               
Trading fixed maturity securitiesAmortized Cost Gross Unrealized Gains Gross Unrealized Losses Fair Value   
Non-corporate securities:              
Asset-backed securities$544,106 $10,104 $(142,230) $411,980   
Residential mortgage-backed securities 1,184,184  17,259  (278,650)  922,793   
Commercial mortgage-backed securities 917,650  42,368  (140,823)  819,195   
Foreign government & agency securities 122,537  8,239  -  130,776   
U.S. states and political subdivision securities 605  8  -  613   
U.S. treasury and agency securities 745,460  3,037  (878)  747,619   
Total non-corporate securities 3,514,542  81,015  (562,581)  3,032,976   
               
Corporate securities 8,195,874  368,893  (130,625)  8,434,142   
               
Total trading fixed maturity securities$11,710,416 $449,908 $(693,206) $11,467,118   

(1) Represents the pre-tax non-credit OTTI loss recorded as a component of AOCI for assets still held at the reporting date.

 

4. INVESTMENTS (CONTINUED)

 

FIXED MATURITY SECURITIES (CONTINUED)

 

The amortized cost and estimated fair value by maturity periods for fixed maturity securities held at December 31, 2011 are shown below. Actual maturities may differ from contractual maturities on structured securities because borrowers may have the right to call or prepay obligations with or without call or prepayment penalties.

 

 

 Amortized Cost Fair Value
Maturities of available-for-sale fixed securities:     
 Due in one year or less$211,945 $212,744
 Due after one year through five years 438,320  455,056
 Due after five years through ten years 137,332  141,194
 Due after ten years 518,325  558,021
 Subtotal – Maturities of available-for-sale fixed securities 1,305,922  1,367,015
ABS, RMBS and CMBS securities (1) 34,038  35,510
 Total available-for-sale fixed securities$1,339,960 $1,402,525
       
Maturities of trading fixed securities:     
 Due in one year or less$652,353 $662,374
 Due after one year through five years 4,163,381  4,328,570
 Due after five years through ten years 1,858,860  1,982,358
 Due after ten years 1,583,500  1,618,769
 Subtotal – Maturities of trading fixed securities  8,258,094  8,592,071
ABS, RMBS and CMBS securities (1) 2,077,964  1,688,465
 Total trading fixed securities$10,336,058 $10,280,536

(1)       ABS, RMBS and CMBS are shown separately in the table as these securities are not due at a single maturity.

 

Gross gains of $119.3 million, $172.6 million and $50.0 million and gross losses of $51.3 million, $40.9 million and $57.5 million were realized on fixed maturity securities for the years ended December 31, 2011, 2010 and 2009, respectively.

 

Fixed maturity securities with an amortized cost of approximately $11.8 million and $12.3 million at December 31, 2011 and 2010, respectively, were on deposit with federal and state governmental authorities, as required by law.

 

As of December 31, 2011 and 2010, 92.3% and 92.4%, respectively, of the Company's fixed maturity securities were investment grade. Investment grade securities are those that are rated "BBB" or better by a nationally recognized statistical rating organization. Securities that are not rated by a nationally recognized statistical rating organization are assigned ratings based on the Company's internally prepared credit evaluations.

 

 

4. INVESTMENTS (CONTINUED)

 

FIXED MATURITY SECURITIES (CONTINUED)

 

Unrealized Losses

 

The following table shows the fair value and gross unrealized losses, which includes temporary unrealized losses and the portion of non-credit OTTI losses recognized in AOCI, of the Company's available-for-sale fixed maturity investments, aggregated by investment category and length of time that the individual securities had been in an unrealized loss position at December 31, 2011.

 

 

 Less Than Twelve Months Twelve Months Or More Total
               
 Fair ValueGross UnrealizedLosses  Fair Value Gross UnrealizedLosses Fair ValueGross Unrealized Losses
               
Non-corporate securities:              
Asset-backed securities$ -$ - $ -$ - $ -$ -
Residential mortgage-backed securities  12 -   21 -   33 -
Commercial mortgage-backed securities  447  (50)   2,131  (967)   2,578  (1,017)
U.S. states and political subdivision securities  -  -  - -   -  -
U.S. treasury and agency securities  -  -  - -   -  -
Total non-corporate securities  459  (50)   2,152  (967)   2,611  (1,017)
               
Corporate securities  120,623  (8,049)   38,498  (7,831)   159,121  (15,880)
               
Total$ 121,082$ (8,099) $ 40,650$ (8,798) $ 161,732$ (16,897)

The following table shows the fair value and gross unrealized losses, which includes temporary unrealized losses and the portion of non-credit OTTI losses recognized in AOCI, of the Company's available-for-sale fixed maturity investments, aggregated by investment category and length of time that the individual securities had been in an unrealized loss position at December 31, 2010.

 

 

 Less Than Twelve Months Twelve Months Or More Total
               
 Fair ValueGross Unrealized Losses  Fair Value Gross Unrealized Losses Fair ValueGross Unrealized Losses
               
Non-corporate securities:              
Asset-backed securities$ -$ - $ 11$ (6) $ 11$ (6)
Residential mortgage-backed securities  26  -   -  -   26  -
Commercial mortgage-backed securities  -  -   2,534  (1,424)   2,534  (1,424)
Foreign government & agency securities  -  -   -  -   -  -
U.S. states and political subdivision securities  214  (3)   -  -   214  (3)
U.S. treasury and agency securities  23,636  (971)   -  -   23,636  (971)
Total non-corporate securities  23,876  (974)   2,545  (1,430)   26,421  (2,404)
               
Corporate securities  187,916  (5,211)   91,154  (9,360)   279,070  (14,571)
               
Total$ 211,792$ (6,185) $ 93,699$ (10,790) $ 305,491$ (16,975)

 

4. INVESTMENTS (CONTINUED)

 

UNREALIZED LOSSES (CONTINUED)

 

The following table provides the number of securities of the Company's available-for-sale fixed maturity securities with gross unrealized losses and a portion of non-credit OTTI losses recognized in AOCI aggregated by investment category, at December 31, 2011 (not in thousands):

 

 

 Number of Securities Less Than Twelve MonthsNumber of Securities Twelve Months or MoreTotal Number of Securities
    
Non-corporate securities:   
Asset-backed securities- - -
Residential mortgage-backed securities 3 1 4
Commercial mortgage-backed securities 1 4 5
Foreign government & agency securities---
U.S. states and political subdivisions securities-- -
U.S. treasury and agency securities-- -
Total non-corporate securities 4 5 9
    
Corporate securities 33 15 48
    
Total 37 20 57

The following table provides the number of securities of the Company's available-for-sale fixed maturity securities with gross unrealized losses and a portion of non-credit OTTI losses recognized in AOCI aggregated by investment category, at December 31, 2010 (not in thousands):

 

 

 Number of Securities Less Than Twelve MonthsNumber of Securities Twelve Months or MoreTotal Number of Securities
    
Non-corporate securities:   
Asset-backed securities - 1 1
Residential mortgage-backed securities 1 - 1
Commercial mortgage-backed securities - 5 5
Foreign government & agency securities - - -
U.S. states and political subdivisions securities 1 - 1
U.S. treasury and agency securities 2 - 2
Total non-corporate securities 4 6 10
    
Corporate securities 72 35 107
    
Total 76 41 117

 

4. INVESTMENTS (CONTINUED)

 

OTHER-THAN-TEMPORARY IMPAIRMENT

 

Beginning on April 1, 2009, the Company presents and discloses OTTI in accordance with FASB ASC Topic 320. Securities whose fair value is less than their carrying amount are considered to be impaired and are evaluated for potential OTTI. If the Company intends to sell, or if it is more likely than not that it will be required to sell an impaired security prior to recovery of its cost basis, the security is considered other-than-temporarily impaired and the Company records a charge to earnings for the full amount of impairment based on the difference between the amortized cost and fair value of the security. Otherwise, losses on securities which are other-than-temporarily impaired are separated into two categories: credit loss and non-credit loss. The credit loss portion is charged to net realized investment gains (losses) in the consolidated statements of operations, while the non-credit loss is charged to other comprehensive income. When an unrealized loss on an available-for-sale fixed maturity is considered temporary, the Company continues to record the unrealized loss in other comprehensive income and not in earnings.

 

To compute the credit loss component of OTTI for corporate bonds on the date of transition (i.e., April 1, 2009), both historical default (by rating) data, used as a proxy for the probability of default, and loss given default (by issuer) projections were applied to the par amount of the bond. For corporate bonds post-transition, the present value of future cash flows using the book yield is used to determine the credit component of OTTI. If the present value of the cash flow is less than the security's amortized cost, the difference is recorded as a credit loss. The difference between the estimates of the credit related loss and the overall OTTI is the non-credit-related component.

 

As a result of the adoption of FASB ASC Topic 320, a cumulative effect adjustment, net of tax, of $9.1 million was recorded to decrease accumulated other comprehensive income with a corresponding increase to retained earnings (accumulated deficit) for the non-credit loss component of previously impaired securities that the Company neither intends to sell, nor is it more likely than not that the Company will be required to sell, before recovery of amortized cost.

 

For those securities where the Company does not have the intent to sell and it is not more likely than not that the Company will be required to sell, the Company employs a portfolio monitoring process to identify securities that are other-than-temporarily impaired. The Company utilizes a Credit Committee, comprised of investment and finance professionals, which meets at least quarterly to review individual issues or issuers that are of concern. In determining whether a security is other-than-temporarily-impaired, the Credit Committee considers the factors described below. The process involves a quarterly screening of all impaired securities.

 

Discrete credit events, such as a ratings downgrade, also are used to identify securities that may be other-than-temporarily impaired. The securities identified are then evaluated based on issuer-specific facts and circumstances, such as the issuer's ability to meet current and future interest and principal payments, an evaluation of the issuer's financial position and its near-term recovery prospects, difficulties being experienced by an issuer's parent or affiliate, and management's assessment of the outlook for the issuer's sector. In making these evaluations, the Credit Committee exercises considerable judgment. Based on this evaluation, issues or issuers are considered for inclusion on one of the Company's following credit lists:

 

“Monitor List”- Management has concluded that the Company's amortized cost will be recovered through timely collection of all contractually specified cash flows, but that changes in issuer-specific facts and circumstances require monitoring on a quarterly basis. No OTTI charge is recorded in the Company's consolidated statements of operations for unrealized loss on securities related to these issuers.

 

“Watch List”- Management has concluded that the Company's amortized cost will be recovered through timely collection of all contractually specified cash flows, but that changes in issuer-specific facts and circumstances require continued monitoring during the quarter. A security is moved from the Monitor List to the Watch List when changes in issuer-specific facts and circumstances increase the possibility that a security may become impaired within the next 24 months. No OTTI charge is recorded in the Company's consolidated statements of operations for unrealized losses on securities related to these issuers.

 

 

 

4. INVESTMENTS (CONTINUED)

 

OTHER-THAN-TEMPORARY IMPAIRMENT (CONTINUED)

 

“Impaired List”- This list includes securities that the Company has the intent to sell or more likely than not will be required to sell. In addition, it includes those securities that management has concluded that the Company's amortized cost will not be recovered due to expected delays or shortfalls in contractually specified cash flows. For these investments, an OTTI charge is recorded or the security is sold and a realized loss is recorded as a charge to income. Credit OTTI losses are recorded in the Company's consolidated statement of operations and non-credit OTTI losses are recorded in other comprehensive income.

 

Structured securities, those rated single A or below in particular, are subject to certain provisions in FASB ASC Topic 325, “Investments–Other.” These provisions require the Company to periodically update its best estimate of cash flows over the life of the security. In the event that the fair value is less than the carrying amount and there has been an adverse change in the expected cash flows (as measured by comparing the original expected cash flows to the current expectation of cash flows, both discounted at the current effective rate), then an impairment charge is recorded to income. Estimating future cash flows is a quantitative and qualitative process that incorporates information received from third parties, along with assumptions and judgments about the future performance of the underlying collateral. Losses incurred on the respective portfolios are based on expected loss models, not incurred loss models. Expected cash flows include assumptions about key systematic risks and loan-specific information.

 

There are inherent risks and uncertainties in management's evaluation of securities for OTTI. These risks and uncertainties include factors both external and internal to the Company, such as general economic conditions, an issuer's financial condition or near-term recovery prospects, market interest rates, unforeseen events which affect one or more issuers or industry sectors, and portfolio management parameters, including asset mix, interest rate risk, portfolio diversification, duration matching and greater than expected liquidity needs. All of these factors could impact management's evaluation of securities for OTTI.

 

For securities that are assessed to have incurred a credit loss, the amount of credit loss is calculated based upon the cash flows that the Company expects to collect given an assessment of the relevant facts and circumstances for the issuer and specific bond issue. Such factors include the financial condition, credit quality, and the near-term prospects of the issuer, as well as the issuer's relative liquidity, among other factors.

 

 

4. INVESTMENTS (CONTINUED)

 

OTHER-THAN-TEMPORARY IMPAIRMENT (CONTINUED)

 

The Company recorded credit OTTI losses in its consolidated statement of operations totaling $0.1 million and $0.9 million for the years ended December 31, 2011 and 2010, respectively on its available-for-sale fixed maturity securities. The $0.1 million OTTI credit loss recorded during the year ended December 31, 2011 was concentrated in structured securities issued by sponsored securitization vehicles. This impairment was driven primarily by the adverse financial condition of the issuer. The $0.9 million OTTI credit loss recorded during the year ended December 31, 2010 was concentrated in corporate debt of a foreign issuer. This impairment was driven primarily by the adverse financial conditions of the issuer.

 

The following tables roll forward the amount of credit losses recognized in earnings on debt securities, for which a portion of the OTTI also was recognized in other comprehensive income:

 

 

  Year ended December 31, 2011
   
Beginning balance, at January 1, 2011$5,847
Add: Credit losses on OTTI not previously recognized  71
Less: Credit losses on securities sold  (5,756)
Other  3,341
Ending balance, at December 31, 2011$3,503
   
   
  Year ended December 31, 2010
   
Beginning balance, at January 1, 2010$9,148
Add: Credit losses on OTTI not previously recognized  885
Less: Credit losses on securities sold  (2,528)
Less: Increases in cash flows expected on previously  
impaired securities (1,658)
Ending balance, at December 31, 2010$5,847

 

4. INVESTMENTS (CONTINUED)

 

Variable Interest Entities

 

The Company is involved with various special purpose entities and other entities that are deemed to be VIEs primarily as a collateral manager and as an investor through normal investment activities or as a means of accessing capital. A VIE is an entity that either has investors that lack certain essential characteristics of a controlling financial interest or lacks sufficient funds to finance its own activities without financial support provided by other entities.

 

The Company performs ongoing qualitative assessments of its VIEs under FASB ASC Topic 810, to determine whether it has a controlling financial interest in the VIE and, therefore, is the primary beneficiary. The Company is deemed to have a controlling financial interest when it has both the ability to direct the activities that most significantly impact the economic performance of the VIE and the obligation to absorb losses or the right to receive benefits from the VIE that could potentially be significant to the VIE. The Company consolidates the VIE in its consolidated financial statements if it determines that it is the VIEs primary beneficiary.

 

Consolidated VIEs

 

At December 31, 2011, the Company had an interest in one significant VIE, Credit and Repackaged Securities Limited Series 2006-10 Trust (the CARS Trust), for which consolidation is required under FASB ASC Topic 810.

 

The Company has an agreement with the CARS Trust. Pursuant to this agreement, the Company purchased a funded note from the CARS Trust which, through a credit default swap entered into by the CARS Trust, is exposed to the credit performance of a portfolio of corporate reference entities. The Company entered into this agreement for yield enhancement related to the fee earned on the credit default swap which adds to the return earned on the funded note.

 

The CARS Trust is a structured investment vehicle for which the Company provides investment management services and holds securities issued by the trust. Creditors have no recourse against the Company in the event of default by the CARS Trust, nor does the Company have any implied or unfunded commitments to the CARS Trust. The Company's financial or other support provided to the CARS Trust is limited to its investment management services and original investment. The following table presents the carrying value of assets and liabilities and the maximum exposure to loss relating to the CARS Trust.

 

  December 31, 2011  December 31, 2010
      
Assets$ 20,077 $ 36,324
Liabilities  17,723   27,341
Maximum exposure to loss  20,928   37,400

 

4. INVESTMENTS (CONTINUED)

 

Consolidated VIEs (continued)

 

As the sole beneficiary of the CARS Trust, while having a controlling financial interest in the investment vehicle, the Company is required to consolidate the entity under FASB ASC Topic 810. As a result of the consolidation, the Company has recorded in its consolidated balance sheets, investment grade corporate debt securities and a credit default swap held by the CARS Trust. At issue, the swap had a seven-year term, maturing in 2013. Under the terms of the swap, the CARS Trust will be required to make payments to the swap counterparty upon the occurrence of a credit event, with respect to any reference entity, that is in excess of the threshold amount specified in the swap agreement. In the event that the CARS Trust is required to make any payments under the swap, the underlying assets held by the trust would be liquidated to fund the payment. If the disposition of these assets is insufficient to fund the payment calculated, then under the terms of the agreement, the cash settlement amount would be capped at the amount of the proceeds from the sale of the underlying assets. Under the credit default swap, the CARS Trust made a payment of $16.5 million during the twelve-month period ended December 31, 2011; no payment was made during the year ended December 31, 2010. As of December 31, 2011, the cumulative payments that the CARS Trust has made under the credit default swap is $34.1 million, leaving $20.9 million as the maximum future payments that it could be required to make. The carrying amount of the assets in this VIE is included in trading fixed maturity securities and the carrying amount of the liabilities in this VIE is included in the derivative instruments-payable in the Company's consolidated balance sheets.

 

Non-Consolidated VIEs

 

At December 31, 2011, other than the CARS Trust, the Company had no interest in VIEs for which consolidation is required under FASB ASC Topic 810.

 

In addition, through normal investment activities, the Company makes passive investments in various issues by VIEs. These investments are included in trading and available-for-sale fixed maturity securities, limited partnerships and other invested assets in the Company's consolidated financial statements. The Company has not provided financial or other support with respect to these investments other than its original investments. For these investments, the Company has determined it is not the primary beneficiary due to the size of its investment relative to other issues, the level of credit subordination which reduces its obligation to absorb losses or its right to receive benefits, and/or its inability to direct the activities that most significantly impact the economic performance of the VIEs. The Company's maximum exposure to loss on these investments is limited to the amount of its investment.

 

 

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE

 

The Company invests in commercial first mortgage loans and real estate throughout the United States. Investments are diversified by property type and geographic area. Mortgage loans are collateralized by the related properties and generally are no more than 75% of the property's value at the time that the original loan is made.

 

The carrying value of the Company's mortgage loans and real estate investments, net of applicable allowances and accumulated depreciation, was as follows:

 

 

  December 31,
  2011 2010
     
Total mortgage loans$1,457,356$1,737,528
     
Real estate:    
 Held for production of income 223,814 214,665
Total real estate$223,814$214,665
     
Total mortgage loans and real estate$1,681,170$1,952,193

Accumulated depreciation on real estate was $50.9 million and $45.6 million at December 31, 2011 and 2010, respectively.

 

 

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE (CONTINUED)

 

A loan is considered impaired when it is probable that the principal or interest is not collectible in accordance with the contractual terms of the loan. The allowance for credit losses is estimated using the present value of expected cash flows discounted at the loan's effective interest rate or the fair value of the collateral, if the loan is collateral dependent. A specific allowance for loan loss is established for an impaired loan if the present value of expected cash flows discounted at the loan's effective interest rate, or the fair value of the loan collateral, less cost to sell, is less than the recorded amount of the loan. A general allowance for loan loss is established based on an assessment of past loss experience on groups of loans with similar characteristics and current economic conditions. While management believes that it uses the best information available to establish the allowances, future adjustments may become necessary if economic conditions differ from the assumptions used in calculating them.

 

Delinquency status is determined based upon the occurrence of a missed contract payment. The following table set forth an age analysis of past due loans in the Company's mortgage loan portfolio at December 31.

 

 

   Gross Carrying Value
  20112010
      
Past due:    
 Between 30 and 59 days$4,075$16,607
 Between 60 and 89 days 5,043 12,333
 90 days or more 14,403 19,310
Total past due 23,521 48,250
Current (1) 1,490,236 1,743,060
Balance, at December 31$1,513,757$1,791,310
Past due 90 days or more and still accruing interest$0$0

The Company's allowance for mortgage loan losses at December 31 was as follow:

 

 

 Allowance for Loan Loss
  2011 2010
     
General allowance$17,767$23,662
Specific allowance 38,634 30,120
Total$56,401$53,782

(1)       Included in the $1,490.2 million and $1,743.1 million of the Company's mortgage loans in current status at December 31, 2011 and 2010, were $153.1 million and $165.6 million, respectively, of mortgage loans that are impaired, but not past due.

 

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE (CONTINUED)

 

The Company individually evaluates all its mortgage loans for impairment and records a specific provision for those deemed impaired. The Company also collectively evaluates most of its mortgage loans (excluding those for which a specific allowance was recorded) for impairment. At December 31, 2011, the Company individually and collectively evaluated loans with a gross carrying value of $1,513.8 million and $1,396.1 million, respectively. At December 31, 2010, the Company individually and collectively evaluated loans with a gross carrying value of $1,791.3 million and $1,706.0 million, respectively.

 

The credit quality indicator for the Company's mortgage loans is an internal risk rated measure based on the borrowers' ability to pay and the value of the underlying collateral. The internal risk rating is related to an increasing likelihood of loss, with a low quality rating representing the category in which a loss is first expected. The following table shows the gross carrying value of the Company's mortgage loans disaggregated by credit quality indicator at December 31:

 

 2011 2010
      
Insured$ - $ -
High 263,398  394,288
Standard 416,847  544,243
Satisfactory 354,359  333,086
Low quality 479,153  519,693
Total$1,513,757 $1,791,310

The following tables show the gross carrying value of impaired mortgage loans and related allowances at:

 

 

 December 31, 2011
  With no allowance recorded  With an allowance recorded  Total
Gross carrying value$53,922 $117,701 $171,623
Unpaid principal balance 55,380  122,806  178,186
Related allowance -  38,634  38,634
Average recorded investment 95,694  95,408  191,102
Interest income recognized$4,563 $0 $4,563
         
 December 31, 2010
  With no allowance recorded  With an allowance recorded  Total
Gross carrying value$119,323 $85,281 $204,604
Unpaid principal balance 120,417  88,625  209,042
Related allowance 0  30,120  30,120
Average recorded investment 113,701  86,575  200,276
Interest income recognized$5,899 $0 $5,899

Included in the $171.6 million and $204.6 million of impaired mortgage loans at December 31, 2011 and 2010, were $53.9 million and $119.3 million, respectively, of impaired loans that did not have an allowance for loan loss because the fair value of the collateral or the expected future cash flows exceeded the carrying value of the loans.

 

 

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE (CONTINUED)

 

The average investment in impaired mortgage loans before an allowance for loan loss and the related interest income and cash receipts for interest on impaired mortgage loans for the years ended December 31 were as follows:

 

 

 2011 2010 2009
         
Average investment$191,102 $200,276 $121,500
Interest income$4,563 $5,899 $897
Cash receipts on interest$4,069 $5,899 $897

The gross carrying value of the Company's mortgage loans on nonaccrual status was $138.9 million and $114.7 million at December 31, 2011 and 2010, respectively.

 

The activity in the allowance for loan loss was as follows:

 

  2011  2010  2009
         
Balance at January 1$53,782 $42,782 $3,000
Provision for allowance 34,641  26,742  40,050
Charge-offs (19,790)  (6,892)  -
Recoveries (12,232)  (8,850)  (268)
Balance at December 31$56,401 $53,782 $42,782

Troubled Debt Restructurings

 

The Company may modify the terms of a loan by adjusting the interest rate, extending the maturity date or both. The Company evaluates each restructuring of debt and considers it a TDR if, for economic or legal reasons related to the debtor's financial difficulties, it grants a concession to the borrower that it would not otherwise consider. Specifically, the Company's evaluation of each restructuring includes an assessment of the indicators of impairment to determine if the debtor is exhibiting financial difficulties and an assessment of market lending activity to determine if the debtor can obtain funds from other sources at market interest rates at or near those for nontroubled debts. Those restructurings where financial difficulties are present and alternative sources of funding are not available or prohibitively expensive to the borrower are considered TDR.

 

Upon adoption of the amendments in ASU 2011-02, the Company reassessed all restructured loans that occurred on or after January 1, 2011, the beginning of its fiscal year, for identification as TDRs. Adoption of the ASU 2011-02 had no impact on the number of restructured loans that are considered TDRs.

 

All TDRs identified by the Company are commercial mortgage loans modified by granting concessions to borrowers where, as a result of the restructuring, the Company does not expect to collect all amounts due, including interest accrued at the original contract rate.

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE (CONTINUED)

 

Troubled Debt Restructuring (continued)

 

Modifications are factored into the determination of the allowance for credit losses by including adjustments to the outstanding recorded investment. The financial effect of a TDR is not recognized when the Company expects to collect cash flows at, or above, the original contract rate. For the year ended December 31, 2011, no financial effect from TDRs was recognized. The following table provides information about the Company's loans that were modified and how they were modified as a TDR during the year ended:

 

         
   December 31, 2011
  No. (1) Pre-modification recorded investment Post-modification recorded investment
         
Adjusted interest rate 1 $ 2,834 $ 2,834
Extended maturity date 1   8,970   8,970
Combined rate and maturity 5   15,368   15,368
Total 7 $ 27,172 $ 27,172

(1) Represents the number of contracts that were modified and considered as TDR. The number of contracts is not in thousands.

 

Defaults are factored into the determination of the allowance for credit losses by indicating that, as a result of the default, the Company does not expect to collect all amounts due per the modified terms. The following table shows the number and value of TDRs within the previous twelve months for which there was a payment default during the year ended (the number of contracts is not in thousands):

 

  December 31, 2011
    
Number of contracts   1
Recorded investment amount $ 2,053

 

4. INVESTMENTS (CONTINUED)

 

MORTGAGE LOANS AND REAL ESTATE (CONTINUED)

 

Mortgage loans and real estate investments comprise the following property types and geographic regions at December 31:

 

 

 2011 2010
Property Type:     
Office building$499,405 $599,930
Retail 684,051  748,345
Industrial/warehouse 207,820  242,413
Apartment 46,226  54,364
Other 300,069  360,923
Allowance for loan losses (56,401)  (53,782)
Total$1,681,170 $1,952,193

 2011 2010
Geographic region:     
California$77,879 $85,853
Florida 193,068  200,056
Georgia 62,802  69,173
Massachusetts 103,983  112,128
Missouri 48,325  52,218
New York 201,835  247,154
Ohio 104,074  125,454
Pennsylvania 80,641  98,251
Texas 265,705  303,336
Washington 52,718  65,708
Other (1) 546,541  646,644
Allowance for loan losses (56,401)  (53,782)
Total$1,681,170 $1,952,193

(1) Includes the states in which the value of the Company's mortgage loans and real estate investments was below $50.0 million at December 31, 2011 and 2010, respectively.

 

At December 31, 2011, scheduled mortgage loan maturities were as follows:

 

2012$60,993
2013 106,420
2014 145,960
2015 173,654
2016 223,720
Thereafter 764,376
General allowance (17,767)
Total$1,457,356

Actual maturities could differ from contractual maturities because borrowers may have the right to prepay obligations with or without prepayment penalties and loans may be refinanced.

 

 

 

4. INVESTMENTS (CONTINUED)

 

LEVERAGED LEASES AND LIMITED PARTNERSHIPS

 

The Company was an owner participant in a trust that is a lessor in a leveraged lease agreement entered into on October 21, 1994, under which equipment having an estimated economic life of 25-40 years was originally leased through a VIE for a term of 9.78 years. The master lessee had the option to purchase the equipment at the expiration of the lease term. The Company's equity investment in this VIE represented 8.33% of the partnership that provided 22.9% of the purchase price of the equipment. The Company did not have the ability to direct the activities that most significantly impact the economic performance of the VIE, nor did it have the obligation to absorb losses or the right to receive benefits from the VIE that could potentially be significant to the VIE. Therefore, the Company did not consolidate this trust in its consolidated financial statements. The balance of the purchase price was furnished by third-party long-term debt financing, collateralized by the equipment, and was non-recourse to the Company. The leveraged lease investment was included as a part of other invested assets in the Company's consolidated balance sheet at December 31, 2009.

 

On June 1, 2010, the master lessee elected to exercise a fixed price purchase option to purchase the equipment and the Company received $22.6 million in cash for its investment in the VIE and realized a $3.4 million gain in its consolidated statement of operations.

 

The Company had no leveraged lease investments at December 31, 2011 and 2010.

 

Lease contract receivable $ -
Less: non-recourse debt -
Net receivable 0
Estimated value of leased assets 0
Less: Unearned and deferred income 0
Investments in leveraged leases 0
Less: Fees 0
Net investment in leveraged leases $ -

The Company had outstanding commitments to fund limited partnerships of approximately $11.8 million and $12.6 million at December 31, 2011 and 2010, respectively.

 

 

 

4. INVESTMENTS (CONTINUED)

 

DERIVATIVE INSTRUMENTS AND HEDGING ACTIVITIES

 

The Company uses derivative financial instruments for risk management purposes to hedge against specific risks related to interest rates, foreign currency exchange rates, and equity market conditions, as well as to alter exposure arising from mismatches between assets and liabilities. Derivative instruments are recorded in the consolidated balance sheets at fair value and are presented as assets or liabilities.

 

The Company does not employ hedge accounting. The Company believes that its derivatives provide economic hedges and the cost of formally documenting hedge effectiveness in accordance with the provisions of FASB ASC Topic 815 is not justified. As a result, all changes in the fair value of derivatives are recorded in the current period operations as a component of net derivative income or loss.

 

Credit enhancement, such as collateral, is used to improve the credit risk of longer-term derivative contracts.

 

It is common, and the Company's preferred practice, for the parties to execute a Credit Support Annex (“CSA”) in conjunction with the International Swaps and Derivatives Association Master Agreement. Under a CSA, collateral is exchanged between the parties to mitigate the market contingent counterparty risk inherent in outstanding positions.

 

The primary types of derivatives held by the Company include interest rate and foreign currency swap agreements, swaptions, futures, listed and over-the counter (“OTC”) equity options, foreign currency forwards and embedded derivatives, as described below.

 

Interest Rate and Foreign Currency Swap Agreements

 

As a component of its investment strategy, the Company utilizes swap agreements. Swap agreements are agreements to exchange with a counterparty a series of cash flow payments at pre-determined intervals, based upon or calculated by reference to changes in specified interest rates (fixed or floating) or foreign currency exchange rates. Typically, no cash is exchanged at the outset of the contract and no principal payments are made by either party, except on certain foreign currency exchange swaps. A single net payment is usually made by one counterparty at pre-determined dates. The net payment is recorded as a component of net derivative loss in the Company's consolidated statement of operations.

 

Interest rate swaps are generally used to manage the sensitivity of the duration gap between assets and liabilities to interest rate changes or to manage the exposure to product guarantees sensitive to movements in equity market and interest rate levels related to life insurance contracts, fixed index annuities and variable annuities.

 

Foreign currency swaps are utilized as an economic hedge against changes in foreign currencies associated with certain non-U.S. dollar denominated cash flows.

 

The Company has an agreement with the CARS Trust whereby the Company is the sole beneficiary of the CARS Trust. Please refer to Note 4 of the Company's consolidated financial statements for additional information regarding the CARS Trust.

 

4. INVESTMENTS (CONTINUED)

 

DERIVATIVE INSTRUMENTS AND HEDGING ACTIVITIES (CONTINUED)

 

Swaptions

 

The Company utilizes payer swaptions to hedge exposure to interest rate risk, typically on product guarantees. Swaptions give the buyer the option to enter into an interest rate swap per the terms of the original swaption agreement. A premium is paid on settlement date and no further cash transactions occur until the positions settle or expire. At expiration, the swaption either cash settles for value, settles into an interest rate swap, or expires worthless per the terms of the original swaption agreement. At December 31, 2011, the Company did not have any position in swaptions.

Futures

 

Equity, interest rate and foreign exchange futures contracts, both long and short, are entered into for purposes of hedging liabilities on fixed index and variable annuity products containing guaranteed minimum death benefit and guaranteed minimum living benefit features, with cash flows based on changes in equity indices, interest rates or foreign exchange rates. On the trade date, an initial cash margin is deposited as required by the relevant stock exchange. Cash is subsequently exchanged daily to settle the variation margin or daily fluctuations in the underlying index.

 

Listed and OTC Equity Options

 

In addition to short futures, the Company also utilizes listed put options on major indices to hedge against stock market exposure inherent in the guaranteed minimum death benefit and living benefit features of the Company's variable annuities. Listed options are traded on the stock exchange similar to futures. Unlike futures, however, an up-front premium is paid to or received from the counterparty, instead of depositing an initial cash margin with the Exchange. The Company also purchases listed and OTC call options on major indices to economically hedge its obligations under certain fixed annuity contracts, as well as enhance income on the underlying assets. On the trade date, an initial cash margin is exchanged for listed options. Daily cash is exchanged to settle the daily variation margin.

 

Foreign Currency Forwards

 

A foreign currency forward is an agreement between two parties to buy and sell currencies at the current market rate, for settlement at a specified future date. Foreign currency forwards are utilized as an economic hedge against changes in foreign currencies associated with certain non-U.S. dollar denominated cash flows.

 

The following is a summary of the Company's derivative positions (excluding embedded derivatives) at:

 

 

 

 

 December 31, 2011December 31, 2010
 Number of Contracts (2) Principal NotionalNumber of Contracts (2) Principal Notional
       
Interest rate contracts 78$5,496,000 71$5,793,500
Foreign currency contracts 16 69,507 43 393,609
Equity contracts 11,216 1,949,878 13,704 2,373,741
Credit contracts 1 20,928 1 37,400
Futures contracts (1) (34,187) 4,747,764 (25,699) 2,918,839
Total $12,284,077 $11,517,089

(1) Futures contracts include interest rate, equity price and foreign currency exchange risks. The negative amount represents the Company's net short position including (45,084) contracts and (33,683) contracts in short position and 10,897 contracts and 7,984 contracts in long position at December 31, 2011 and 2010, respectively.

(2) Not in thousands.

 

 

 

4. INVESTMENTS (CONTINUED)

 

DERIVATIVE INSTRUMENTS AND HEDGING ACTIVITIES (CONTINUED)

 

With the exception of embedded derivatives, all derivatives are carried at fair value in derivative instruments – receivable or derivative instruments – payable in the Company's consolidated balance sheets. Embedded derivatives related to reinsurance agreements and annuity contracts are carried at fair value in contractholder deposit funds and other policy liabilities in the Company's consolidated balance sheets. The following is a summary of the Company's derivative asset and liability positions by primary risk exposure.

 

 At December 31, 2011At December 31, 2010
 Asset Derivatives Fair Value (a)Liability Derivatives Fair Value (a)Asset Derivatives Fair Value (a)Liability Derivatives Fair Value (a)
         
Interest rate contracts$362,753$257,719$97,060$329,214
Foreign currency contracts 577 3,422 32,504 3,878
Equity contracts 46,944 - 59,397 -
Credit contracts - 17,723 - 27,341
Futures contracts 12,130 8,210 9,103 1,590
Total derivative instruments 422,404 287,074 198,064 362,023
Embedded derivatives (b) - 1,516,277 2,896 178,069
Total$422,404$1,803,351$200,960$540,092

  • Amounts are presented without consideration of cross-transaction netting and collateral.
  • Embedded derivatives expose the Company to a combination of credit, interest rate and equity price risks.

 

 

All realized and unrealized derivative gains and losses are recorded in net derivative loss in the Company's consolidated statements of operations. The following is a summary of the Company's realized and unrealized gains (losses) by derivative type for the years ended December 31:

 

  2011 2010 2009
       
Interest rate contracts$270,885$(122,712)$143,402
Foreign currency contracts (50,493) (16,206) (12,116)
Equity contracts (58,110) (26,734) (71,865)
Credit contracts 9,619 7,008 (9,855)
Futures contracts 122,649 (217,428) (328,595)
Embedded derivatives (1,282,620) 226,782 239,127
Net derivative loss from continuing operations$(988,070)$(149,290)$(39,902)
Net derivative income from discontinued operations$0$0$216,956

 

4. INVESTMENTS (CONTINUED)

 

DERIVATIVE INSTRUMENTS AND HEDGING ACTIVITIES (CONTINUED)

 

Concentration of Credit Risk

 

Credit risk relates to the uncertainty of an obligor's continued ability to make timely payments in accordance with the contractual terms of the instrument or contract. With derivative instruments, the Company is primarily exposed to credit risk through its counterparty relationships. The Company primarily manages credit risk through policies which address the quality of counterparties, contractual requirements for transacting with counterparties and collateral support agreements, and limitations on counterparty concentrations. Exposures by counterparty and counterparty credit ratings are monitored closely. All of the contracts are held with counterparties rated A- or higher. As of December 31, 2011, the Company's liability positions were linked to a total of 5 affiliated and unaffiliated counterparties, of which the largest single unaffiliated counterparty payable, net of collateral, had credit exposure of $17.7 million to the Company. As of December 31, 2011, the Company's asset positions were linked to a total of 11 affiliated and unaffiliated counterparties, of which the largest single unaffiliated counterparty receivable, net of collateral, had credit exposure of $3.9 million.

 

Credit-related Contingent Features

 

All derivative transactions are covered under standardized contractual agreements with counterparties, all of which include credit-related contingent features. These standardized agreements include language related to the failure to pay or deliver on an obligation, bankruptcy and additional termination events, such as a credit rating falling below a stipulated level . These triggers generally result in early terminations after a grace period.

 

Certain counterparty relationships also may include supplementary agreements with additional triggers related to credit downgrades of the Company or its counterparty. If the Company's credit rating were to fall below the stipulated level, this could result in a reduction of minimum thresholds in collateral agreements or full overnight collateralization. These impacts can frequently be mitigated, however, through re-negotiation of contractual terms.

 

The aggregate value of all derivative instruments with credit risk-related contingent features that were in a liability position at December 31, 2011 and 2010 was $287.1 million and $362.0 million, respectively. At December 31, 2011, the Company was fully collateralized, substantially mitigating credit risk.

 

In the event of an early termination, the Company might be required to accelerate payments to counterparties, up to the current value of its net liability positions, after considering the impacts of netting at default. If payments cannot be exchanged simultaneously at early termination, funds also will be held in escrow to facilitate settlement. If an early termination was triggered on December 31, 2011, the Company would be expected to settle a net obligation of $79.1 million.

 

If counterparties are unable to meet accelerated payment obligations, the Company may also be exposed to uncollectible net asset positions, after considering the impact of netting at default.

 

At December 31, 2011, the Company pledged $289.6 million in U.S. Treasury securities as collateral to counterparties. At December 31, 2011, counterparties pledged to the Company $245.1 million in collateral comprised of cash and U.S. Treasury securities.

 

Embedded Derivatives

 

The Company performs a quarterly analysis of its new contracts, agreements and financial instruments for embedded derivatives. No embedded derivatives required bifurcation from financial assets. However, the Company issues certain annuity contracts and enters into reinsurance agreements that contain derivatives embedded in the contract. Upon issuing the contract, the embedded derivative is separated from the host contract (annuity contract or reinsurance agreement) and is carried at fair value. Please refer to Note 8 of the Company's consolidated financial statements for further information regarding derivatives embedded in reinsurance contracts; refer to Note 12 for further information regarding derivatives embedded in annuity contracts.