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Loss Reserves
6 Months Ended
Jun. 30, 2014
Loss Reserves [Abstract]  
Loss Reserves
Note 12 – Loss Reserves

We establish reserves to recognize the estimated liability for losses and loss adjustment expenses (“LAE”) 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. Current conditions in the housing and mortgage industries make these assumptions more volatile than they would otherwise be. 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 the six months ended June 30, 2014 and 2013:

 
 
Six Months Ended
June 30,
 
 
 
2014
  
2013
 
 
 
(In thousands)
 
 
 
  
 
Reserve at beginning of period
 
$
3,061,401
  
$
4,056,843
 
Less reinsurance recoverable
  
64,085
   
104,848
 
Net reserve at beginning of period
  
2,997,316
   
3,951,995
 
 
        
Losses incurred:
        
Losses and LAE incurred in respect of default notices related to:
        
Current year
  
306,386
   
468,332
 
Prior years (1)
  
(42,637
)
  
(5,850
)
Subtotal
  
263,749
   
462,482
 
 
        
Losses paid:
        
Losses and LAE paid in respect of default notices related to:
        
Current year
  
2,674
   
5,137
 
Prior years
  
640,560
   
897,178
 
Reinsurance terminations (2)
  
-
   
(3,248
)
Subtotal
  
643,234
   
899,067
 
 
        
Net reserve at end of period
  
2,617,831
   
3,515,410
 
Plus reinsurance recoverables
  
57,763
   
83,898
 
 
        
Reserve at end of period
 
$
2,675,594
  
$
3,599,308
 

(1)A negative number for prior year losses incurred indicates a redundancy of prior year loss reserves and a positive number for prior year losses incurred indicates a deficiency of prior year loss reserves.
(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.

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 defaults 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 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 the first half of 2014 compared to the same period in 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 new and previously received delinquencies.

The prior year development of the reserves in the first six months of 2014 and 2013 is reflected in the table below.

 
 
Six Months Ended June 30,
 
 
 
2014
  
2013
 
 
 
(In millions)
 
Prior year loss development (1):
 
  
 
 
 
  
 
Decrease in estimated claim rate on primary defaults
 
$
(25
)
 
$
-
 
(Decrease) increase in estimated severity on primary defaults
  
(8
)
  
1
 
Change in estimates related to pool reserves, LAE reserves and reinsurance
  
(10
)
  
(7
)
Total prior year loss development
 
$
(43
)
 
$
(6
)

(1) A negative number for prior year loss development indicates a redundancy of prior year loss reserves, and a positive number indicates a deficiency of prior year loss reserves.

The prior year loss development was based on the resolution of approximately 40% and 37% for the six months ended June 30, 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 from the end of the prior year and estimated incurred but not reported items from the end of the prior year. In the first six months of 2014, we recognized favorable development on our estimated claim rate as we experienced a better cure rate on previously received delinquencies. The favorable development we experienced in the first six months of 2014 was partially offset by a $20 million increase to our accrual for probable rescission related settlements. See Note 5 – “Litigation and Contingencies.”

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 is 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.

The liability associated with our estimate of premiums to be refunded on expected claim payments is accrued for separately at June 30, 2014 and December 31, 2013 and approximated $127 million and $131 million, respectively. 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.
 
A rollforward of our primary default inventory for the three and six months ended June 30, 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. Historically, losses incurred have followed a seasonal trend in which the second half of the year has weaker credit performance than the first half, with higher new notice activity and a lower cure rate.

 
 
Three Months Ended
June 30,
  
Six Months Ended
June 30,
 
 
 
2014
  
2013
  
2014
  
2013
 
 
 
  
  
  
 
 
 
  
  
  
 
Default inventory at beginning of period
  
91,842
   
126,610
   
103,328
   
139,845
 
New Notices
  
21,178
   
25,425
   
44,524
   
53,289
 
Cures
  
(21,182
)
  
(25,450
)
  
(48,500
)
  
(56,572
)
Paids (including those charged to a deductible or captive)
  
(6,068
)
  
(9,051
)
  
(13,132
)
  
(18,496
)
Rescissions and denials
  
(354
)
  
(429
)
  
(804
)
  
(961
)
Default inventory at end of period
  
85,416
   
117,105
   
85,416
   
117,105
 

Pool insurance notice inventory decreased from 7,006 at June 30, 2013 to 6,563 at December 31, 2013 and to 5,271 at June 30, 2014.

The decrease in the primary default inventory experienced during 2014 and 2013 was generally across all markets and all book 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 and the number of loans in our primary claims received inventory have been affected by our suspended rescissions and the resolution of certain of those rescissions discussed below and in Note 5 – “Litigation and Contingencies.”
 
Aging of the Primary Default Inventory
  
  
  
  
 
 
 
  
  
  
  
  
 
 
 
June 30,
2014
  
December 31,
2013
  
June 30,
2013
 
 
 
  
  
  
  
  
 
Consecutive months in default
 
  
  
  
  
  
 
3 months or less
  
15,297
   
18
%
  
18,941
   
18
%
  
18,760
   
16
%
4 - 11 months
  
19,362
   
23
%
  
24,514
   
24
%
  
26,377
   
23
%
12 months or more
  
50,757
   
59
%
  
59,873
   
58
%
  
71,968
   
61
%
 
                        
Total primary default inventory
  
85,416
   
100
%
  
103,328
   
100
%
  
117,105
   
100
%
 
                        
Primary claims received inventory included in ending default inventory (1)
5,398   
6
%
  
6,948
   
7
%
  
10,637
   
9
%

(1) Our claims received inventory includes suspended rescissions, as we have voluntarily suspended rescissions of coverage related to certain loans that we believed would be included in a potential resolution. As of June 30, 2014, rescissions of coverage on approximately 1,558 loans had been voluntarily suspended.
 
The number of months 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 Payments Delinquent
  
  
  
  
  
 
 
 
  
  
  
  
  
 
 
 
June 30,
2014
  
December 31,
2013
  
June 30,
2013
 
 
 
  
  
  
  
  
 
 
 
  
  
  
  
  
 
3 payments or less
  
22,867
   
27
%
  
28,095
   
27
%
  
27,498
   
24
%
4 - 11 payments
  
19,666
   
23
%
  
24,605
   
24
%
  
27,299
   
23
%
12 payments or more
  
42,883
   
50
%
  
50,628
   
49
%
  
62,308
   
53
%
 
                        
Total primary default inventory
  
85,416
   
100
%
  
103,328
   
100
%
  
117,105
   
100
%

Claims paying practices

We estimate rescissions mitigated our incurred losses by approximately $2.5 billion in 2009 and $0.2 billion in 2010. These figures include the benefit of claims not paid in the period as well as the impact of changes in our estimated expected rescission activity on our loss reserves in the period. In 2012, we estimate that our rescission benefit in loss reserves was reduced by $0.2 billion due to probable rescission settlement agreements. We estimate that other rescissions had no significant impact on our losses incurred in 2011 through the first half of 2014. Our loss reserving methodology incorporates our estimates of future rescissions and reversals of rescissions. Historically, reversals of rescissions have been immaterial. A variance between ultimate actual rescission and reversal rates and our estimates, as a result of the outcome of litigation, settlements or other factors, could materially affect our losses.
 
We do not utilize an explicit rescission rate in our reserving methodology, but rather our reserving methodology incorporates the effects rescission activity has had on our historical claim rate and claim severities. Our estimation process does not include a direct correlation between claim rates and severities to projected rescission activity or other economic conditions such as changes in unemployment rates, interest rates or housing values. Our experience is that analysis of that nature would not produce reliable results, as the change in one condition cannot be isolated to determine its sole effect on our ultimate paid losses as our ultimate paid losses are also influenced at the same time by other economic conditions. The estimation of the impact of rescissions on incurred losses must be considered together with the various other factors impacting incurred losses and not in isolation.

The liability associated with our estimate of premiums to be refunded on expected future rescissions is accrued for separately. At June 30, 2014 and December 31, 2013 the estimate of this liability totaled $13 million and $15 million, respectively. 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 5 – “Litigation and Contingencies.”