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Loss Reserves
12 Months Ended
Dec. 31, 2015
Insurance Loss Reserves [Abstract]  
Loss Reserves
Loss Reserves

As described in Note 3 – “Summary of Significant Accounting Policies – Loss Reserves,” we establish reserves to recognize the estimated liability for losses and loss adjustment expenses related to defaults on insured mortgage loans. Loss reserves are established by estimating the number of loans in our inventory of delinquent loans that will result in a claim payment, which is referred to as the claim rate, and further estimating the amount of the claim payment, which is referred to as claim severity.

Estimation of losses is inherently judgmental. The conditions that affect the claim rate and claim severity include the current and future state of the domestic economy, including unemployment, and the current and future strength of local housing markets. The actual amount of the claim payments may be substantially different than our loss reserve estimates. Our estimates could be adversely affected by several factors, including a deterioration of regional or national economic conditions, including unemployment, leading to a reduction in borrowers’ income and thus their ability to make mortgage payments, and a drop in housing values which may affect borrower willingness to continue to make mortgage payments when the value of the home is below the mortgage balance. Changes to our estimates could result in a material impact to our results of operations and capital position, even in a stable economic environment.

The following table provides a reconciliation of beginning and ending loss reserves for each of the past three years:

(In thousands)
 
2015
 
2014
 
2013
Reserve at beginning of year
 
$
2,396,807

 
$
3,061,401

 
$
4,056,843

Less reinsurance recoverable
 
57,841

 
64,085

 
104,848

Net reserve at beginning of year
 
2,338,966

 
2,997,316

 
3,951,995

 
 
 
 
 
 
 
Losses incurred:
 
 
 
 
 
 
Losses and LAE incurred in respect of default notices received in:
 
 
 
 
 
 
Current year
 
453,849

 
596,436

 
898,413

Prior years (1)
 
(110,302
)
 
(100,359
)
 
(59,687
)
Subtotal
 
343,547

 
496,077

 
838,726

 
 
 
 
 
 
 
Losses paid:
 
 
 
 
 
 
Losses and LAE paid in respect of default notices received in:
 
 
 
 
 
 
Current year
 
25,980

 
32,919

 
73,470

Prior years
 
823,058

 
1,121,508

 
1,722,923

Reinsurance terminations (2)
 
(15,440
)
 

 
(2,988
)
Subtotal
 
833,598

 
1,154,427

 
1,793,405

Net reserve at end of year
 
1,848,915

 
2,338,966

 
2,997,316

Plus reinsurance recoverables
 
44,487

 
57,841

 
64,085

 
 
 
 
 
 
 
Reserve at end of year
 
$
1,893,402

 
$
2,396,807

 
$
3,061,401

(1)
A negative number for prior year losses incurred indicates a redundancy of prior year loss reserves. See table below regarding prior year loss development.
(2)
In a termination, the reinsurance agreement is cancelled, with no future premium ceded and funds for any incurred but unpaid losses transferred to us. The transferred funds result in an increase in our investment portfolio (including cash and cash equivalents) and a decrease in net losses paid (reduction to losses incurred). In addition, there is an offsetting decrease in the reinsurance recoverable (increase in losses incurred), and thus there is no net impact to losses incurred. (See Note 11 – “Reinsurance”)

The “Losses incurred” section of the table above shows losses incurred on default notices received in the current year and in prior years.  The amount of losses incurred relating to default notices received in the current year represents the estimated amount to be ultimately paid on such default notices.  The amount of losses incurred relating to default notices received in prior years represents the actual claim rate and severity associated with those default notices resolved in the current year differing from the estimated liability at the prior year-end, as well as a re-estimation of amounts to be ultimately paid on defaults remaining in inventory and estimated incurred but not reported items from the end of the prior year.  This re-estimation of the estimated claim rate and estimated severity is the result of our review of current trends in the default inventory, such as percentages of defaults that have resulted in a claim, the amount of the claims, changes in the relative level of defaults by geography and changes in average loan exposure.

Losses incurred on default notices received in the current year decreased in 2015 compared to 2014, and in 2014 compared to 2013, primarily due to a decrease in the number of new default notices received, net of cures, as well as a decrease in the estimated claim rate on recently reported delinquencies.

The prior year development of the reserves in 2015, 2014 and 2013 is reflected in the table below.
(In millions)
 
2015
 
2014
 
2013
Prior year loss development:
 
 
 
 
 
 
(Decrease) increase in estimated claim rate on primary defaults
 
$
(141
)
 
$
(43
)
 
$
10

Increase (decrease) in estimated severity on primary defaults
 
43

 
(35
)
 
(50
)
Change in estimates related to pool reserves, LAE reserves, reinsurance and other
 
(12
)
 
(22
)
 
(20
)
Total prior year loss development (1)
 
$
(110
)
 
$
(100
)
 
$
(60
)
(1) A negative number for prior year loss development indicates a redundancy of prior year loss reserves.

The prior year loss development was based on the resolution of approximately 60%, 58% and 59% for the years ended December 31, 2015, 2014 and 2013, respectively, of the prior year default inventory, as well as a re-estimation of amounts to be ultimately paid on defaults remaining in inventory and estimated incurred but not reported items from the end of the prior year. In 2015, we recognized favorable development on our estimated claim rate as we experienced a higher cure rate on prior year default inventory. Additionally, during 2015 the claim rate was favorably impacted by re-estimations of previously recorded reserves relating to disputes on our claims paying practices and adjustments to incurred but not reported losses (IBNR). The favorable development for the year ended 2015 was offset, in part, by an increase in the estimated severity on prior year defaults remaining in the delinquent inventory. The decrease in the estimated severity in 2014 and 2013 was based on the resolution of the prior year default inventory.

The “Losses paid” section of the table above shows the breakdown between claims paid on default notices received in the current year, claims paid on default notices received in prior years and the decrease in losses paid related to terminated reinsurance agreements as noted in footnote (2) of that table. Until a few years ago, it took, on average, approximately twelve months for a default that was not cured to develop into a paid claim. Over the past several years, the average time it takes to receive a claim associated with a default has increased. This is, in part, due to new loss mitigation protocols established by servicers and to changes in some state foreclosure laws that may include, for example, a requirement for additional review and/or mediation processes. It is difficult to estimate how long it may take for current and future defaults that do not cure to develop into paid claims.

MGIC and Freddie Mac disagreed on the amount of the aggregate loss limit under certain pool insurance policies (the “Disputed Policies”). On December 1, 2012, an Agreement of Settlement, Compromise and Release (the “Settlement Agreement”) between MGIC, Freddie Mac and the FHFA became effective, settling their dispute regarding the Disputed Policies. Under the Settlement Agreement, MGIC is to pay Freddie Mac a total of $267.5 million in satisfaction of all obligations under the Disputed Policies.  Of the total, $100 million was paid in December 2012, as required by the Settlement Agreement, and the remaining $167.5 million is being paid out in 48 equal monthly installments that began on January 2, 2013.

The liability associated with our estimate of premiums to be refunded on expected claim payments is accrued for separately at December 31, 2015 and 2014 and approximated $102 million and $115 million, respectively. As of December 31, 2015, this liability was included in "Other liabilities" on our consolidated balance sheet. As of December 31, 2014, separate components of this liability are included in “Other liabilities” and “Premium deficiency reserve” on our consolidated balance sheet.

A rollforward of our primary default inventory for the years ended December 31, 2015, 2014 and 2013 appears in the table below. The information concerning new notices and cures is compiled from monthly reports received from loan servicers. The level of new notice and cure activity reported in a particular month can be influenced by, among other things, the date on which a servicer generates its report, the number of business days in a month and transfers of servicing between loan servicers.
 
2015
 
2014
 
2013
Default inventory at beginning of year
79,901

 
103,328

 
139,845

New Notices
74,315

 
88,844

 
106,823

Cures
(73,610
)
 
(87,278
)
 
(104,390
)
Paids (including those charged to a deductible or captive)
(16,004
)
 
(23,494
)
 
(34,738
)
Rescissions and denials
(848
)
 
(1,306
)
 
(1,939
)
Items removed from inventory resulting from settlements
(1,121
)
 
(193
)
 
(2,273
)
Default inventory at end of year
62,633

 
79,901

 
103,328



The decrease in the primary default inventory experienced during 2015 and 2014 was generally across all markets and all book years prior to 2012. In 2015 and 2014, the percentage of loans in the inventory that had been in default for 12 or more consecutive months had decreased compared to the prior years. Historically as a default ages it becomes more likely to result in a claim. The percentage of loans that have been in default for 12 or more consecutive months has been affected by our suspended rescissions discussed below.
Aging of the Primary Default Inventory
 
December 31,
 
2015
 
2014
 
2013
Consecutive months in default
 
 
 
 
 
 
 
 
 
 
 
3 months or less
13,053

 
21
%
 
15,319

 
19
%
 
18,941

 
18
%
4 - 11 months
15,763

 
25
%
 
19,710

 
25
%
 
24,514

 
24
%
12 months or more (1)
33,817

 
54
%
 
44,872

 
56
%
 
59,873

 
58
%
Total primary default inventory
62,633

 
100
%
 
79,901

 
100
%
 
103,328

 
100
%
 
 
 
 
 
 
 
 
 
 
 
 
Primary claims received inventory included in ending default inventory (2)
2,769

 
4
%
 
4,746

 
6
%
 
6,948

 
7
%
(1)
Approximately 50%, 53% and 49% of the primary default inventory in default for 12 consecutive months or more has been in default for at least 36 consecutive months as of December 31, 2015, 2014 and 2013, respectively.
(2)
Our claims received inventory includes suspended rescissions, as we have voluntarily suspended rescissions of coverage related to loans that we believed would be included in a potential resolution. As of December 31, 2015, rescissions of coverage on approximately 435 loans had been voluntarily suspended.

The length of time a loan is in the default inventory can differ from the number of payments that the borrower has not made or is considered delinquent. These differences typically result from a borrower making monthly payments that do not result in the loan becoming fully current. The number of payments that a borrower is delinquent is shown in the table below.
Number of Primary Payments Delinquent
 
December 31,
 
2015
 
2014
 
2013
 
 
 
 
 
 
 
 
 
 
 
 
3 payments or less
20,360

 
33
%
 
23,253

 
29
%
 
28,095

 
27
%
4 - 11 payments
15,092

 
24
%
 
19,427

 
24
%
 
24,605

 
24
%
12 payments or more
27,181

 
43
%
 
37,221

 
47
%
 
50,628

 
49
%
Total primary default inventory
62,633

 
100
%
 
79,901

 
100
%
 
103,328

 
100
%


Pool insurance default inventory decreased from 3,797 at December 31, 2014 to 2,739 at December 31, 2015. The pool insurance notice inventory was 6,563 at December 31, 2013.

Claims paying practices

Our loss reserving methodology incorporates our estimates of future rescissions.  A variance between ultimate actual rescission rates and our estimates, as a result of the outcome of litigation, settlements or other factors, could materially affect our losses.

The liability associated with our estimate of premiums to be refunded on expected future rescissions is accrued for separately. At December 31, 2015 and 2014 the estimate of this liability totaled $7 million and $28 million, respectively. As of December 31, 2015, this liability was included in "Other liabilities" on our consolidated balance sheet. As of December 31, 2014, separate components of this liability are included in “Other liabilities” and “Premium deficiency reserve” on our consolidated balance sheet. Changes in the liability affect premiums written and earned and change in premium deficiency reserve.

For information about discussions and legal proceedings with customers with respect to our claims paying practices, including settlements that we believe are probable, as defined in ASC 450-20, see Note 20 – “Litigation and Contingencies.”