ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Policies) | 9 Months Ended |
Sep. 30, 2014 |
ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES [Abstract] | ' |
Principles of consolidation | ' |
Principles of Consolidation |
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The accompanying consolidated financial statements include the accounts of Homeowners of America Holding Corporation and its wholly owned subsidiaries. All intercompany balances and transactions have been eliminated in consolidation. |
Basis of Presentation | ' |
Basis of Presentation |
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The accompanying consolidated financial statements have been prepared in conformity with accounting principles generally accepted in the United States of America ("GAAP"). Certain reclassifications of prior year amounts have been made to conform to the current year presentation. |
Restatement of Prior Year Amounts | ' |
Restatement of Prior Year Amounts |
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In conjunction with our Annual Report on Form 10-K for the year ended December 31, 2013 filed with the Securities and Exchange Commission on March 31, 2014, we restated the unaudited Consolidated Statements of Cash Flows for the nine months ended September 30, 2013. These restatements resulted in money market mutual fund accounts held at financial institutions which were previously classified as short-term investments to be now classified as cash and cash equivalents. In addition, checks issued in excess of cash book balances, not yet presented for payment, which were previously classified as cash and cash equivalents are now classified as general and other accrued expenses payable. |
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| | Nine Months Ended | |
30-Sep-13 |
| | As | | | Adjustment | | | As Restated | |
Previously |
Reported |
Consolidated Statements of Cash Flows: | | | | | | | | | |
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Cash flows from operating activities | | | | | | | | | |
General and other accrued expenses | | $ | 52,117 | | | $ | 1,786,733 | | | $ | 1,838,850 | |
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Net cash used in operating activities | | | (2,813,808 | ) | | | 1,786,733 | | | | (1,027,075 | ) |
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Cash flows from investing activities | | | | | | | | | | | | |
Purchases of short term investments | | | (5,932,051 | ) | | | 4,491,856 | | | | (1,440,195 | ) |
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Net cash used in investing activities | | | (5,372,355 | ) | | | 4,491,856 | | | | (880,499 | ) |
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Net decrease in cash and cash equivalents | | | (8,191,563 | ) | | | 6,278,589 | | | | (1,912,974 | ) |
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Cash and cash equivalents, beginning of period | | | 10,194,375 | | | | - | | | | 10,194,375 | |
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Cash and cash equivalents, end of period | | $ | 2,002,812 | | | $ | 6,278,589 | | | $ | 8,281,401 | |
Cash and cash equivalents | ' |
Cash and Cash Equivalents |
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Cash and cash equivalents include cash and highly liquid short-term investments, with original maturities of three months or less. The amount is carried at cost, which approximates fair value. At September 30, 2014 and December 31, 2013, cash and cash equivalents consist of cash on deposit with financial institutions, as well as money market mutual funds. |
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General and other accrued expenses payable as of September 30, 2014 and December 31, 2013, include $4.7 million and $1.2 million, respectively, of checks issued in excess of cash book balances, not yet presented for payment. |
Investments | ' |
Investments |
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The Company's investments are comprised of short-term, restricted, and long-term investments and fixed-maturity securities classified as available-for-sale as of September 30, 2014 and short-term, restricted, and long-term investments as of December 31, 2013. Restricted investments and long-term investments are described below. Short-term investments include certificates of deposit with original maturities greater than three months and maturities of one year or less. Due to the short-term nature of these investments, significant changes in prevailing interest rates and economic conditions should not adversely affect the timing and amount of cash flows on such investments or their related values. Accordingly, certificates of deposit are carried at cost, which approximates fair value. Fixed-maturity securities are classified as available-for-sale when it is not management's intent to make profits by buying and selling the securities within a short period of time or when it is not management's intent to hold the securities to maturity. Fixed-maturity securities classified as available-for-sale are carried at fair value. The unrealized holding gains and losses, net of applicable deferred income taxes, are shown as a separate component of stockholders' equity as a part of accumulated other comprehensive income (loss) and, as such, are not included in the determination of net income (loss). |
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As of September 30, 2014 and December 31, 2013, the Company has pledged to the Department of Insurance in certain states as a condition of its Certificate of Authority for the purpose of meeting obligations to policyholders and creditors $3.3 million and $1.0 million, respectively. Restricted assets are shown separately in the accompanying consolidated balance sheets as "Restricted cash and investments" and include money market accounts and certificates of deposits. "Restricted fixed-maturity securities, classified as available-for-sale" are shown separately in the accompanying consolidated balance sheets and recorded at fair value. With the approval of the Departments of Insurance, the Company may exchange the investments with other funds or investments. In respect to certificates of deposit, management intends to hold the portion of these restricted investments to their maturity. As such, these restricted certificates of deposit are carried at cost, which approximates fair value. Interest earned on these investments inures to the benefit of the Company. |
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The following table provides the Company's restricted cash and investments as of September 30, 2014 and December 31, 2013. |
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Restricted cash and investments | | 30-Sep-14 | | | 31-Dec-13 | | | | | |
Money Market | | $ | 300,000 | | | $ | 215,000 | | | | | |
Certificates of Deposit | | | 2,500,000 | | | | 785,000 | | | | | |
US Treasury Bond | | | 539,435 | | | | - | | | | | |
| | $ | 3,339,435 | | | $ | 1,000,000 | | | | | |
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As of September 30, 2014 and December 31, 2013, the Company's investments also included certificates of deposit that mature more than one year after the balance sheet date and are reflected on the consolidated balance sheets as Long-term investments. Based on management's intent to hold to maturity, this investment is carried at cost. Cost approximates fair value based on the rates currently offered for deposits of similar remaining maturities. |
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The Company's investments in certificates of deposits and money market accounts do not qualify as securities as defined in the Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) Topic 320, Investment – Debt and Equity Securities. Accordingly, the fair value disclosures required by FASB ASC Topic 820, Fair Value Measurements and Disclosures are not provided. The Company's fixed-maturity securities classified as available-for-sale are "marked to market" as of the end of each calendar quarter. As of that date, unrealized gains and losses are recorded to Accumulated Other Comprehensive Income, except where such securities are deemed to be other-than-temporarily impaired. Where applicable, the Company assesses investments of an issuer currently carrying a net unrealized loss. If in management's judgment, the decline in value is other than temporary, the cost of the investment is written down to fair value with a corresponding charge to earnings. Factors considered in determining whether an impairment exists include financial condition, business prospects and creditworthiness of the issuer, the length of time and magnitude that the asset value has been less than cost, and the ability and intent to hold such investments until the fair value recovers. |
Comprehensive Income | ' |
Comprehensive Income |
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FASB ASC Topic 220 - Comprehensive Income, requires that recognized revenues, expenses, gains and losses be included in net income (loss). Although certain changes in assets and liabilities, such as unrealized gains and losses on available-for-sale securities, are reported as a separate component of the equity section of the consolidated balance sheet, these items, along with net income (loss), are components of comprehensive income. The Company characterizes their fixed income portfolio as available-for-sale securities when it is not management's intent to make profits by buying and selling the securities within a short period of time or when it is not management's intent to hold the securities to maturity, with appropriate adjustments to other comprehensive income. For the three and nine months ended September 30, 2014, the Company recorded $4,012 and $9,164, respectively of unrealized gains on available-for-sale securities in other comprehensive income. There were no qualifying items reported in other comprehensive income for the three and nine months ended September 30, 2013. |
Recognition of Premium Revenues | ' |
Recognition of Premium Revenues |
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Premiums are recognized as revenue on a daily pro rata basis over the policy term. The portion of premiums related to the unexpired term of policies in force as of the end of the measurement period and to be earned over the remaining term of those polices, is deferred and reported as unearned premiums. |
Ceding Commission and Reinsurance Profit Share | ' |
Ceding Commissions and Reinsurance Profit Share |
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Ceding commissions represent acquisition costs associated with insurance risk ceded to reinsurers and is earned on a pro-rata basis over the life of the associated policy. Reinsurance profit share is additional ceding commissions payable to the Company based upon attaining specified loss ratios within individual treaty years. Reinsurance profit share income is recognized when earned, which includes adjustments to earned reinsurance profit share based on changes in incurred losses. |
Policy Fees | ' |
Policy Fees |
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Policy fee income includes application fees which are intended to reimburse the Company for a portion of the costs incurred in establishing the insurance. Policy fees on policies where premium is traditionally paid in full upon inception of the policy are recognized when written, while fees charged on policies where premiums are paid in installments, are recognized when collected. |
Loss Adjustment and Other Fee Income | ' |
Loss Adjustment and Other Fee Income |
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Loss adjustment and other fee income is recognized as income when collected. There is no amount over 5% of total revenue within this classification on the consolidated statements of operations for the three months ended September 30, 2014 and 2013 and for the nine months ended September 30, 2014. Loss adjustment fee income for the nine months ended September 30, 2013 was in excess of 5%, of total revenue within this classification on the consolidated statements of operations. |
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Property, Equipment and Software | ' |
Property, Equipment and Software |
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Property and equipment are stated at cost, net of accumulated depreciation. Depreciation is calculated on the straight-line method over the estimated useful lives of the assets, which range from three to five years. The cost and related accumulated depreciation of assets sold or disposed are removed from the accounts and the resulting gain or loss is included in the consolidated statements of operations. Maintenance and repairs are expensed as incurred. |
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Software installation and development is stated at cost, net of accumulated amortization. Amortization is calculated on a straight-line basis method over three years. |
Impairment of Long-Lived Assets | ' |
Impairment of Long-Lived Assets |
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Long-lived assets, such as property, equipment and software, are reviewed for impairment whenever business events or circumstances could lead to or indicate that the value of the asset may not be recoverable. The assessment of possible impairment is based on whether the carrying amount of the assets exceeds its fair value. The Company uses estimates of undiscounted future cash flows in determining the recoverability of long-lived assets. As of September 30, 2014 and December 31, 2013, no impairment has been recorded. |
Deferred Policy and Acquisition Costs | ' |
Deferred Policy and Acquisition Costs |
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Deferred policy acquisitions costs ("DAC") as of September 30, 2014 and December 31, 2013, consist of commissions, premium taxes and policy underwriting and production expenses which are incurred through and vary directly with, the level of production of new and renewal insurance business and are amortized over the terms of the policies they relate to. The method used in calculating DAC limits the amount of the deferred cost to their estimated realizable value, which gives effect to allocating their expense along with other period costs associated with the insurance business, in relation to the amount of gross premium earned on policies to which they relate and investment income. DAC is reviewed to determine if it is recoverable from future income, including investment income. The amount of DAC considered recoverable could be reduced in the near term if estimates of future premium income from their related lines of insurance are revised. |
Reserve for Losses and Loss Adjustment Expenses | ' |
Reserve for Losses and Loss Adjustment Expenses |
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The liability for losses and loss adjustment expenses ("LAE") are estimates of the amounts required to cover known incurred losses and LAE, developed through the review and assessment of loss reports, along with the development of known claims. In addition, loss and loss adjustment expense reserves include management's estimate of an amount for losses incurred but not reported ("IBNR"), determined from reviewing overall loss reporting patterns as well as the loss development cycles of individual claim cases. Such liabilities are necessarily based on estimates and while management believes that the amount is adequate, the ultimate liability may be more or less than the amounts provided. The approach and methods for making such estimates and for establishing the resulting liability are continually reviewed and any adjustments are reflected in current earnings. |
Due and Deferred Premiums | ' |
Due and Deferred Premiums |
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Due and deferred premiums consist of uncollateralized premiums and agents' balances in the course of collection as well as premiums booked but not yet due. |
Reinsurance | ' |
Reinsurance |
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In the normal course of business, the Company seeks to reduce the overall exposure to losses that may arise from catastrophes or other events that cause unfavorable underwriting results by reinsuring certain levels of risk with other insurance enterprises or reinsurers. The Company uses only quality, financially rated reinsurers and continually monitors the financial ratings of these companies through its brokers. The amount and type of reinsurance purchased each year is based on management's estimate of its probable maximum loss and the conditions within the reinsurance market. The Company continually monitors its risk exposure through the use of the AIR modeling system and other modeling tools provided by its reinsurance brokers. Reinsurance premiums, expense reimbursements, and reserves related to reinsured business are accounted for on a basis consistent with those used in accounting for the original policies issued and the terms of the reinsurance contracts. Premiums paid for reinsurance are reported as reductions of earned premium income. |
Income Taxes | ' |
Income Taxes |
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Deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. Deferred tax assets, including tax loss carryforwards, and liabilities are measured using enacted tax rates expected to be recovered or settled. |
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The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date. Deferred income tax expense represents the change during the period in the deferred tax assets and deferred tax liabilities. Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is more likely than not that some portion or all of the deferred tax assets will not be realized. In assessing the realizable value of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. |
Uncertain Tax Positions | ' |
Uncertain Tax Positions |
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The Company recognizes uncertain tax positions in the consolidated financial statements when it is more-likely-than-not the position will be sustained upon examination by the tax authorities. Such tax positions are initially and subsequently measured as the largest amount of tax benefit that has a greater than 50% likelihood of being realized upon ultimate settlement with the tax authority assuming full knowledge of the position and relevant facts. The Company believes that it has appropriate support for the income tax positions taken and to be taken on its tax returns, and that its accruals for tax liabilities are adequate for all open tax years based on an assessment of many factors including experience and interpretations of tax laws applied to the facts of each matter. At September 30, 2014, the Company's tax years from 2010 through 2013 remain subject to examination. |
Estimates | ' |
Estimates |
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The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent liabilities at the date of the consolidated financial statements and the reported amounts of revenues and expenses during the reporting period. The Company's primary areas of estimate are for liabilities for unpaid losses and loss adjustment expenses, deferred policy acquisition costs, deferred tax asset valuation, and reinsurance. Actual results could differ significantly from those estimates. |
Fair Value Cash, Cash Equivalents and Short-term Investments | ' |
Fair Value of Cash, Cash Equivalents and Short-term Investments |
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The carrying value for the Company's cash and cash equivalents and short-term investments approximate fair values as of September 30, 2014 and December 31, 2013 due to their short-term nature. Fair value for securities are based on the framework for measuring fair value established by FASB ASC Topic 820, Fair Value Measurements and Disclosures. |
Fair Value of Fixed-Maturity Securities held as Available-for-Sale | ' |
Fair Value Fixed-Maturity Securities held as Available-for-Sale |
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The Company's fixed-maturity securities held as available-for-sale are carried at fair value as of September 30, 2014. Fair value for securities are based on the framework for measuring fair value established by FASB ASC Topic 820, Fair Value Measurements and Disclosures. |
Convertible Notes Payable | ' |
Convertible Notes Payable |
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The Company accounts for convertible notes payable under FASB ASC Topic 470-20 – Debt with Conversion and Other Options, which requires issuers to assess whether or not an embedded conversion feature is required to be separately accounted for as a derivative liability for liability and equity components and if the conversion feature is beneficial to the holder. See Note 9 on Convertible Notes Payable for additional disclosure. |
Stock Based Compensation | ' |
Stock Based Compensation |
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The Company accounts for stock-based compensation under the fair value recognition provisions of FASB ASC Topic 718 – Compensation – Stock Compensation, which requires the measurement and recognition of compensation for all stock-based awards made to employees and directors including stock options and restricted stock issuances based on estimated fair values. In accordance with FASB ASC Topic 718, the Company recognizes stock-based compensation, if any, in the consolidated statements of operations on a straight line basis over the vesting period of the stock award. For those stock awards vesting 100% at the issue date, the Company recognizes stock-based compensation immediately. |
Earnings (Loss) Per Share | ' |
Earnings (Loss) Per Share |
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Basic earnings (loss) per share of common stock is computed by dividing net income or loss, less cumulative preferred stock dividends for the period whether or not earned or paid, by the weighted-average number of common shares during the period. |
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Diluted earnings (loss) per share of common stock is computed by dividing net income or loss attributable to common stockholders, adjusted for the effect of potentially dilutive securities, by the weighted-average number of shares of common stock outstanding during the period increased to include the number of additional shares of common stock that would have been outstanding if the potentially dilutive securities had been issued. Potentially dilutive securities include convertible notes payable, outstanding convertible preferred stock and common stock options. |