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Investments
12 Months Ended
Dec. 31, 2011
Investments, Debt and Equity Securities [Abstract]  
Investments
6.
Investments

The amortized cost, gross unrealized gains and losses and fair value of the investment portfolio at December 31, 2011 and 2010 are shown below.

      
Gross
  
Gross
    
   
Amortized
  
Unrealized
  
Unrealized
  
Fair
 
December 31, 2011:
 
Cost
  
Gains
  
Losses (1)
  
Value
 
   
(In thousands)
 
U.S. Treasury securities and obligations of U.S. government corporations and agencies
 $592,108  $4,965  $(36) $597,037 
Obligations of U.S. states and political subdivisions
  2,255,192   74,918   (6,639)  2,323,471 
Corporate debt securities
  2,007,720   32,750   (7,619)  2,032,851 
Residential mortgage-backed securities
  441,589   4,113   (285)  445,417 
Commercial mortgage-backed securities
  257,530   7,404   -   264,934 
Debt securities issued by foreign sovereign governments
  146,755   10,441   (6)  157,190 
Total debt securities
  5,700,894   134,591   (14,585)  5,820,900 
Equity securities
  2,666   82   (1)  2,747 
                  
Total investment portfolio
 $5,703,560  $134,673  $(14,586) $5,823,647 


      
Gross
  
Gross
    
   
Amortized
  
Unrealized
  
Unrealized
  
Fair
 
December 31, 2010:
 
Cost
  
Gains
  
Losses (1)
  
Value
 
   
(In thousands)
 
U.S. Treasury securities and obligations of U.S. government corporations and agencies
 $1,092,890  $16,718  $(6,822) $1,102,786 
Obligations of U.S. states and political subdivisions
  3,549,355   85,085   (54,374)  3,580,066 
Corporate debt securities
  2,521,275   54,975   (11,291)  2,564,959 
Residential mortgage-backed securities
  53,845   3,255   -   57,100 
Debt securities issued by foreign sovereign governments
  149,443   1,915   (1,031)  150,327 
Total debt securities
  7,366,808   161,948   (73,518)  7,455,238 
Equity securities
  3,049   40   (45)  3,044 
                  
Total investment portfolio
 $7,369,857  $161,988  $(73,563) $7,458,282 

 
(1)
There were no other-than-temporary impairment losses recorded in other comprehensive income at December 31, 2011 and 2010.
 
Our foreign investments primarily consist of the investment portfolio supporting our Australian domiciled subsidiary. This portfolio is comprised of Australian government and semi government securities, rated AAA, by one or more of the following major rating agencies: Moody's, Standard & Poor's and Fitch Ratings, representing 94% of the market value of our foreign investments with the remaining 6% invested in corporate securities.

The amortized cost and fair values of debt securities at December 31, 2011, by contractual maturity, are shown below. Expected maturities will differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or prepayment penalties. Because most auction rate and mortgage-backed securities provide for periodic payments throughout their lives, they are listed below in separate categories.

   
Amortized
  
Fair
 
December 31, 2011
 
Cost
  
Value
 
   
(In thousands)
 
        
Due in one year or less
 $1,238,386  $1,240,917 
Due after one year through five years
  1,860,588   1,900,400 
Due after five years through ten years
  897,967   942,561 
Due after ten years
  828,573   856,774 
    4,825,514   4,940,652 
          
Residential mortgage-backed securities
  441,589   445,417 
Commercial mortgage-backed securities
  257,530   264,934 
Auction rate securities (1)
  176,261   169,897 
          
Total at December 31, 2011
 $5,700,894  $5,820,900 

(1) At December 31, 2011, 100% of auction rate securities had a contractual maturity greater than 10 years.
 
At December 31, 2011 and 2010, the investment portfolio had gross unrealized losses of $14.6 million and $73.6 million, respectively. For those securities in an unrealized loss position, the length of time the securities were in such a position, as measured by their month-end fair values, is as follows:

 
Less Than 12 Months
 
12 Months or Greater
 
Total
 
 
Fair
 
Unrealized
 
Fair
 
Unrealized
 
Fair
 
Unrealized
 
December 31, 2011
Value
 
Losses
 
Value
 
Losses
 
Value
 
Losses
 
 
(In thousands)
 
U.S. Treasury securities and obligations of U.S. government corporations and agencies
 $78,546  $36  $-  $-  $78,546  $36 
Obligations of U.S. states and political subdivisions
  188,879   837   137,965   5,802   326,844   6,639 
Corporate debt securities
  689,396   6,709   28,174   910   717,570   7,619 
Residential mortgage- backed securities
  120,405   285   -   -   120,405   285 
Debt securities issued by foreign sovereign governments
  484   6   -   -   484   6 
Equity securities
  -   -   33   1   33   1 
Total investment portfolio
 $1,077,710  $7,873  $166,172  $6,713  $1,243,882  $14,586 
 
 
Less Than 12 Months
 
12 Months or Greater
 
Total
 
 
Fair
 
Unrealized
 
Fair
 
Unrealized
 
Fair
 
Unrealized
 
December 31, 2010
Value
 
Losses
 
Value
 
Losses
 
Value
 
Losses
 
 
(In thousands)
 
U.S. Treasury securities and obligations of U.S. government corporations and agencies
 $258,235  $6,822  $-  $-  $258,235  $6,822 
Obligations of U.S. states and political subdivisions
  1,160,877   32,415   359,629   21,959   1,520,506   54,374 
Corporate debt securities
  817,471   9,921   28,630   1,370   846,101   11,291 
Debt securities issued by foreign sovereign governments
  105,724   1,031   -   -   105,724   1,031 
Equity securities
  2,723   45   -   -   2,723   45 
Total investment portfolio
 $2,345,030  $50,234  $388,259  $23,329  $2,733,289  $73,563 

The securities in an unrealized loss position for 12 months or greater are primarily auction rate securities (“ARS”) backed by student loans. See further discussion of these securities below. The unrealized losses in all categories of our investments were primarily caused by the difference in interest rates at December 31, 2011 and December 31, 2010, respectively, compared to the interest rates at the time of purchase as well as the discount rate applied in our auction rate securities discounted cash flow model.
 
Under the current guidance a debt security impairment is deemed other than temporary if we either intend to sell the security, or it is more likely than not that we will be required to sell the security before recovery or we do not expect to collect cash flows sufficient to recover the amortized cost basis of the security. During 2011 we recognized OTTI losses in earnings of $0.7 million, related to further impairments on certain ARS previously impaired in 2010. During 2010 we recognized OTTI losses in earnings of $9.6 million. During 2009 we recognized OTTI losses in earnings of $40.9 million and an additional $1.8 million of OTTI losses in other comprehensive income. In 2010, our OTTI losses were primarily related to certain securities for which the expected cash flows are not sufficient to recover the amortized cost. In 2009, our OTTI losses were primarily related to securities for which we had the intent to sell.

The following table provides a rollforward of the amount related to credit losses recognized in earnings for which a portion of an OTTI loss was recognized in accumulated other comprehensive income (loss) for the years ended December 31, 2011 and 2010.

   
2011
  
2010
 
   
(In thousands)
 
        
Beginning balance
 -  $1,021 
Addition for the amount related to the credit loss for which an OTTI was not previously recognized
  -   - 
Additional increases to the amount related to the credit loss for which an OTTI was previously recognized
  -   - 
Reductions for securities sold during the period (realized)
      (1,021)
Ending balance
 $-  $- 

The fair value of our ARS backed by student loans was approximately $170 million and $358 million at December 31, 2011 and 2010, respectively. ARS are intended to behave like short-term debt instruments because their interest rates are reset periodically through an auction process, most commonly at intervals of 7, 28 and 35 days. The same auction process has historically provided a means by which we may rollover the investment or sell these securities at par in order to provide us with liquidity as needed. The ARS we hold are collateralized by portfolios of student loans, substantially all of which are ultimately 97% guaranteed by the United States Department of Education. At December 31, 2011, our ARS portfolio was 83% AAA/Aaa-rated by one or more of the major rating agencies.

In mid-February 2008, auctions began to fail due to insufficient buyers, as the amount of securities submitted for sale in auctions exceeded the aggregate amount of the bids. For each failed auction, the interest rate on the security moves to a maximum rate specified for each security, and generally resets at a level higher than specified short-term interest rate benchmarks. At December 31, 2011, our entire ARS portfolio, consisting of 19 investments, was subject to failed auctions; however, from the period when the auctions began to fail through December 31, 2011, $361 million in par value of ARS was either sold or called, with the average amount we received being approximately 97% of par which approximated the aggregate fair value prior to redemption. To date, we have collected all interest due on our ARS.

As a result of the persistent failed auctions, and the uncertainty of when these investments could be liquidated at par, the investment principal associated with failed auctions will not be accessible until successful auctions occur, a buyer is found outside of the auction process, the issuers establish a different form of financing to replace these securities, or final payments come due according to the contractual maturities of the debt issues. However, we continue to believe we will have liquidity to our ARS portfolio by December 31, 2014.

Net investment income is comprised of the following:

   
2011
  
2010
  
2009
 
   
(In thousands)
 
           
Fixed maturities
 $202,301  $236,734  $291,304 
Equity securities
  330   315   819 
Cash equivalents
  496   1,526   3,056 
Interest on Sherman note
  -   10,796   11,323 
Other
  926   1,081   1,389 
              
Investment income
  204,053   250,452   307,891 
Investment expenses
  (2,783)  (3,199)  (3,213)
              
Net investment income
 $201,270  $247,253  $304,678 
 
The net realized investment gains (losses), including impairment losses, and change in net unrealized appreciation (depreciation) of investments are as follows:

   
2011
  
2010
  
2009
 
   
(In thousands)
 
Net realized investment gains (losses) on investments:
         
Fixed maturities
 $142,284  $93,017  $51,109 
Equity securities
  330   151   116 
Joint ventures
  -   (466)  - 
Other
  101   235   709 
              
   $142,715  $92,937  $51,934 
              
Change in net unrealized appreciation (depreciation):
            
Fixed maturities
 $31,576  $(71,304) $237,521 
Equity securities
  86   (4)  144 
Other
  -   -   (2,263)
              
   $31,662  $(71,308) $235,402 

The reclassification adjustment relating to the change in unrealized investment gains and losses is as follows:

   
2011
  
2010
  
2009
 
   
(In thousands)
 
           
Net unrealized holding gains (losses) arising during the period, net of tax, included in accumulated other comprehensive income
 $68,822  $(7,534) $143,378 
Less: net gains (losses) reclassified out of accumulated other comprehensive income into earnings for the period
  47,765   61,540   (9,216)
Change in unrealized investment gains (losses), net of tax
 $21,057  $(69,074) $152,594 

Note: Components of the 2009 and 2010 “Change in unrealized investment gains (losses), net of tax” have been reclassified. The total “Change in unrealized investment gains (losses), net of tax” remains unchanged.

The tax expense related to the changes in net unrealized appreciation (depreciation) was $10.6 million, $1.0 million (adjusted for the valuation allowance, see Note 14 – “Income taxes”) and $82.8 million for 2011, 2010 and 2009, respectively.
 
The gross realized gains, gross realized losses and impairment losses are as follows:

   
2011
  
2010
  
2009
 
   
(In thousands)
 
           
           
Gross realized gains
 $158,659  $119,325  $112,148 
Gross realized losses
  (15,229)  (16,278)  (19,274)
Impairment losses
  (715)  (9,644)  (40,940)
              
Net realized gains on securities
 $142,715  $93,403  $51,934 
              
Loss from joint ventures
  -   (466)  - 
Total net realized gains
 $142,715  $92,937  $51,934 

We had $22.3 million and $21.8 million of investments on deposit with various states at December 31, 2011 and 2010, respectively, due to regulatory requirements of those state insurance departments.