6. Property and Casualty Insurance Activity | Premiums Earned Premiums written, ceded and earned are as follows: Direct Assumed Ceded Net Nine months ended September 30, 2018 Premiums written $ 107,175,413 $ 842 $ (19,409,423 ) $ 87,766,832 Change in unearned premiums (9,930,503 ) 3,762 (3,363,953 ) (13,290,694 ) Premiums earned $ 97,244,910 $ 4,604 $ (22,773,376 ) $ 74,476,138 Nine months ended September 30, 2017 Premiums written $ 89,423,758 $ 18,203 $ (20,719,037 ) $ 68,722,924 Change in unearned premiums (8,456,690 ) 8,162 (5,436,513 ) $ (13,885,041 ) Premiums earned $ 80,967,068 $ 26,365 $ (26,155,550 ) $ 54,837,883 Three months ended September 30, 2018 Premiums written $ 38,785,453 $ 18 $ (2,683,699 ) $ 36,101,772 Change in unearned premiums (4,435,174 ) 698 (4,133,389 ) (8,567,865 ) Premiums earned $ 34,350,279 $ 716 $ (6,817,088 ) $ 27,533,907 Three months ended September 30, 2017 Premiums written $ 32,839,891 $ 11,910 $ (590,482 ) $ 32,261,319 Change in unearned premiums (4,407,894 ) (165 ) (6,338,852 ) (10,746,911 ) Premiums earned $ 28,431,997 $ 11,745 $ (6,929,334 ) $ 21,514,408 Premium receipts in advance of the policy effective date are recorded as advance premiums. The balance of advance premiums as of September 30, 2018 and December 31, 2017 was $2,888,720 and $1,477,693, respectively. Loss and Loss Adjustment Expense Reserves The following table provides a reconciliation of the beginning and ending balances for unpaid losses and loss adjustment expense (“LAE”) reserves: Nine months ended September 30, 2018 2017 Balance at beginning of period $ 48,799,622 $ 41,736,719 Less reinsurance recoverables (16,748,908 ) (15,776,880 ) Net balance, beginning of period 32,050,714 25,959,839 Incurred related to: Current year 41,611,658 23,071,466 Prior years 127,465 (250,225 ) Total incurred 41,739,123 22,821,241 Paid related to: Current year 23,404,909 12,955,928 Prior years 12,160,419 8,176,715 Total paid 35,565,328 21,132,643 Net balance at end of period 38,224,509 27,648,437 Add reinsurance recoverables 15,718,448 14,642,360 Balance at end of period $ 53,942,957 $ 42,290,797 Incurred losses and LAE are net of reinsurance recoveries under reinsurance contracts of $11,668,527 and $8,503,237 for the nine months ended September 30, 2018 and 2017, respectively. Prior year incurred loss and LAE development is based upon estimates by line of business and accident year. Prior year loss and LAE development incurred during the nine months ended September 30, 2018 and 2017 was $127,465 unfavorable and $(250,225), favorable, respectively. The Company’s management continually monitors claims activity to assess the appropriateness of carried case and incurred but not reported (“IBNR”) reserves, giving consideration to Company and industry trends. Due to the inherent uncertainty associated with the reserving process, the ultimate liability may differ, perhaps substantially, from the original estimate. Such estimates are regularly reviewed and updated and any resulting adjustments are included in the current period’s results. Reserves are closely monitored and are recomputed periodically using the most recent information on reported claims and a variety of statistical techniques. On at least a quarterly basis, the Company reviews by line of business existing reserves, new claims, changes to existing case reserves and paid losses with respect to the current and prior periods. Several methods are used, varying by line of business and accident year, in order to select the estimated period-end loss reserves. These methods include the following: Paid Loss Development Incurred Loss Development Paid Bornhuetter-Ferguson (“BF”) Incurred Bornhuetter-Ferguson (“BF”) Incremental Claim-Based Methods Management’s best estimate of required reserves is generally based on an average of the methods above, with appropriate weighting of the various methods based on the line of business and accident year being projected. In some cases, additional methods or historical data from industry sources are employed to supplement the projections derived from the methods listed above. Two key assumptions that materially affect the estimate of loss reserves are the loss ratio estimate for the current accident year used in the BF methods described above, and the loss development factor selections used in the loss development methods described above. The loss ratio estimates used in the BF methods are selected after reviewing historical accident year loss ratios adjusted for rate changes, trend, and mix of business. The Company is not aware of any claim trends that have emerged or that would cause future adverse development that have not already been considered in existing case reserves and in its current loss development factors. In New York State, lawsuits for negligence are subject to certain limitations and must be commenced within three years from the date of the accident or are otherwise barred. Accordingly, the Company’s exposure to unreported claims (“pure” IBNR) for accident dates of September 30, 2015 and prior is limited, although there remains the possibility of adverse development on reported claims (“case development” IBNR). In certain rare circumstances states have retroactively revised a statute of limitations. The Company is not aware of any such effort that would have a material impact on the Company’s results. The following is information about incurred and paid claims development as of September 30, 2018, net of reinsurance, as well as the cumulative reported claims by accident year and total IBNR reserves as of September 30, 2018 included in the net incurred loss and allocated expense amounts. The historical information regarding incurred and paid claims development for the years ended December 31, 2009 to December 31, 2015 is presented as supplementary unaudited information. Reported claim counts are measured on an occurrence or per event basis. A single claim occurrence could result in more than one loss type or claimant; however, the Company counts claims at the occurrence level as a single claim regardless of the number of claimants or claim features involved. All Lines of Business (in thousands, except reported claims data) As of Incurred Loss and Allocated Loss Adjustment Expenses, Net of Reinsurance September 30, 2018 For the Years Ended December 31, Nine Months Ended September 30, IBNR Cumulative Number of Reported Claims by Accident Year Accident Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 (Unaudited 2009 - 2015) (Unaudited) 2009 $ 4,403 $ 4,254 $ 4,287 $ 4,384 $ 4,511 $ 4,609 $ 4,616 $ 4,667 $ 4,690 $ 4,670 $ 0 1,136 2010 5,598 5,707 6,429 6,623 6,912 6,853 6,838 6,840 6,785 (1) 1,616 2011 7,603 7,678 8,618 9,440 9,198 9,066 9,144 9,147 2 1,913 2012 9,539 9,344 10,278 10,382 10,582 10,790 10,770 19 4,702 (1) 2013 10,728 9,745 9,424 9,621 10,061 10,000 132 1,560 2014 14,193 14,260 14,218 14,564 14,954 309 2,129 2015 22,340 21,994 22,148 22,186 642 2,546 2016 26,062 24,941 24,256 1,646 2,860 2017 31,605 32,146 3,376 3,322 2018 39,653 6,386 2,953 Total $ 174,567 (1) Reported claims for accident year 2012 includes 3,406 claims from Superstorm Sandy All Lines of Business (in thousands) Cumulative Paid Loss and Allocated Loss Adjustment Expenses, Net of Reinsurance For the Years Ended December 31, Nine Months Ended September 30, Accident Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 (Unaudited 2009 - 2015) (Unaudited) 2009 $ 2,298 $ 3,068 $ 3,607 $ 3,920 $ 4,134 $ 4,362 $ 4,424 $ 4,468 $ 4,487 $ 4,659 2010 2,566 3,947 4,972 5,602 6,323 6,576 6,720 6,772 6,778 2011 3,740 5,117 6,228 7,170 8,139 8,540 8,702 8,717 2012 3,950 5,770 7,127 8,196 9,187 10,236 10,302 2013 3,405 5,303 6,633 7,591 8,407 8,834 2014 5,710 9,429 10,738 11,770 13,508 2015 12,295 16,181 18,266 19,473 2016 15,364 19,001 20,098 2017 16,704 23,499 2018 22,223 Total $ 138,091 Net liability for unpaid loss and allocated loss adjustment expenses for the accident years presented $36,476 All outstanding liabilities before 2009, net of reinsurance 199 Liabilities for loss and allocated loss adjustment expenses, net of reinsurance $ 36,675 The reconciliation of the net incurred and paid loss development tables to the loss and LAE reserves in the consolidated balance sheet is as follows: Reconciliation of the Disclosure of Incurred and Paid Loss Development to the Liability for Loss and LAE Reserves As of (in thousands) September 30, 2018 Liabilities for allocated loss and loss adjustment expenses, net of reinsurance $ 36,675 Total reinsurance recoverable on unpaid losses 15,718 Unallocated loss adjustment expenses 1,550 Total gross liability for loss and LAE reserves $ 53,943 Reinsurance The Company’s quota share reinsurance treaties are on a July 1 through June 30 fiscal year basis; therefore, for year to date fiscal periods after June 30, two separate treaties will be included in such periods. The Company’s quota share reinsurance treaties in effect for the nine months ended September 30, 2018 for its personal lines business, which primarily consists of homeowners’ policies, were covered under the July 1, 2017/June 30, 2018 treaty year (“2017/2019 Treaty”) (two year treaty as described below). The Company’s quota share reinsurance treaties in effect for the nine months ended September 30, 2017 were covered under the 2017/2019 Treaty and July 1, 2016/June 30, 2017 treaty year (“2016/2017 Treaty”). In March 2017, the Company bound its personal lines quota share reinsurance treaty effective July 1, 2017. The treaty provides for a reduction in the quota share ceding rate to 20%, from 40% in the 2016/2017 Treaty, and an increase in the provisional ceding commission rate to 53%, from 52% in the 2016/2017 Treaty. The 2017/2019 Treaty covers a two year period from July 1, 2017 through June 30, 2019. In August 2018, the Company reduced its quota share ceding rate under the 2017/2019 Treaty to 10%, from 20%, effective July 1, 2018. The Company entered into new excess of loss and catastrophe reinsurance treaties effective July 1, 2018. Material terms for reinsurance treaties in effect for the treaty years shown below are as follows: Treaty Year July 1, 2018 July 1, 2017 July 1, 2016 to to to Line of Business June 30, 2019 June 30, 2018 June 30, 2017 Personal Lines Homeowners, dwelling fire and canine legal liability Quota share treaty: Percent ceded 10 % 20 % 40 % Risk retained $ 900,000 $ 800,000 $ 500,000 Losses per occurrence subject to quota share reinsurance coverage $ 1,000,000 $ 1,000,000 $ 833,333 Excess of loss coverage and facultative facility above quota share coverage (1) $ 9,000,000 $ 9,000,000 $ 3,666,667 in excess of in excess of in excess of $ 1,000,000 $ 1,000,000 $ 833,333 Total reinsurance coverage per occurrence $ 9,100,000 $ 9,200,000 $ 4,000,000 Losses per occurrence subject to reinsurance coverage $ 10,000,000 $ 10,000,000 $ 4,500,000 Expiration date June 30, 2019 June 30, 2019 June 30, 2017 Personal Umbrella Quota share treaty: Percent ceded - first $1,000,000 of coverage 90 % 90 % 90 % Percent ceded - excess of $1,000,000 dollars of coverage 100 % 100 % 100 % Risk retained $ 100,000 $ 100,000 $ 100,000 Total reinsurance coverage per occurrence $ 4,900,000 $ 4,900,000 $ 4,900,000 Losses per occurrence subject to quota share reinsurance coverage $ 5,000,000 $ 5,000,000 $ 5,000,000 Expiration date June 30, 2019 June 30, 2018 June 30, 2017 Commercial Lines General liability commercial policies Quota share treaty None None None Risk retained $ 750,000 $ 750,000 $ 500,000 Excess of loss coverage above risk retained $ 3,750,000 $ 3,750,000 $ 4,000,000 in excess of in excess of in excess of $ 750,000 $ 750,000 $ 500,000 Total reinsurance coverage per occurrence $ 3,750,000 $ 3,750,000 $ 4,000,000 Losses per occurrence subject to reinsurance coverage $ 4,500,000 $ 4,500,000 $ 4,500,000 Commercial Umbrella Quota share treaty: Percent ceded - first $1,000,000 of coverage 90 % 90 % 90 % Percent ceded - excess of $1,000,000 of coverage 100 % 100 % 100 % Risk retained $ 100,000 $ 100,000 $ 100,000 Total reinsurance coverage per occurrence $ 4,900,000 $ 4,900,000 $ 4,900,000 Losses per occurrence subject to quota share reinsurance coverage $ 5,000,000 $ 5,000,000 $ 5,000,000 Expiration date June 30, 2019 June 30, 2018 June 30, 2017 Catastrophe Reinsurance Initial loss subject to personal lines quota share treaty $ 5,000,000 $ 5,000,000 $ 5,000,000 Risk retained per catastrophe occurrence (2) $ 4,500,000 $ 4,000,000 $ 3,000,000 Catastrophe loss coverage in excess of quota share coverage (3) (4) $ 445,000,000 $ 315,000,000 $ 247,000,000 Reinstatement premium protection (5) Yes Yes Yes (1) For personal lines, the 2017/2019 Treaty includes the addition of an automatic facultative facility allowing KICO to obtain homeowners single risk coverage up to $10,000,000 in total insured value, which covers direct losses from $3,500,000 to $10,000,000. (2) Plus losses in excess of catastrophe coverage. (3) Catastrophe coverage is limited on an annual basis to two times the per occurrence amounts. Effective July 1, 2016, the duration of a catastrophe occurrence from windstorm, hail, tornado, hurricane and cyclone was extended to 168 consecutive hours from 120 consecutive hours. (4) Effective July 1, 2018, the top $50,000,000 layer of catastrophe reinsurance coverage has a two year term expiring on June 30, 2020. (5) Effective July 1, 2016, reinstatement premium protection for $20,000,000 of catastrophe coverage in excess of $5,000,000. Effective July 1, 2017, reinstatement premium protection for $145,000,000 of catastrophe coverage in excess of $5,000,000. Effective July 1, 2018, reinstatement premium protection for $210,000,000 of catastrophe coverage in excess of $5,000,000. The single maximum risks per occurrence to which the Company is subject under the treaties effective July 1, 2018 are as follows: July 1, 2018 - June 30, 2019 Treaty Extent of Loss Risk Retained Personal Lines (1) Initial $1,000,000 $900,000 $1,000,000 - $10,000,000 None(2) Over $10,000,000 100% Personal Umbrella Initial $1,000,000 $100,000 $1,000,000 - $5,000,000 None Over $5,000,000 100% Commercial Lines Initial $750,000 $750,000 $750,000 - $4,500,000 None(3) Over $4,500,000 100% Commercial Umbrella Initial $1,000,000 $100,000 $1,000,000 - $5,000,000 None Over $5,000,000 100% Catastrophe (4) Initial $5,000,000 $4,500,000 $5,000,000 - $450,000,000 None Over $450,000,000 100% (1) Treaty for July 1, 2018 – June 30, 2019 is a two year treaty with expiration date of June 30, 2019. (2) Covered by excess of loss treaties up to $3,500,000 and by facultative facility from $3,500,000 to $10,000,000. (3) Covered by excess of loss treaties. (4) Catastrophe coverage is limited on an annual basis to two times the per occurrence amounts. The single maximum risks per occurrence to which the Company is subject under the treaty years shown below are as follows: July 1, 2017 - June 30, 2018 July 1, 2016 - June 30, 2017 Treaty Range of Loss Risk Retained Range of Loss Risk Retained Personal Lines (1) Initial $1,000,000 $800,000 Initial $833,333 $500,000 $1,000,000 - $10,000,000 None(2) $833,333 - $4,500,000 None(3) Over $10,000,000 100% Over $4,500,000 100% Personal Umbrella Initial $1,000,000 $100,000 Initial $1,000,000 $100,000 $1,000,000 - $5,000,000 None $1,000,000 - $5,000,000 None Over $5,000,000 100% Over $5,000,000 100% Commercial Lines Initial $750,000 $750,000 Initial $500,000 $500,000 $750,000 - $4,500,000 None(3) $500,000 - $4,500,000 None(3) Over $4,500,000 100% Over $4,500,000 100% Commercial Umbrella Initial $1,000,000 $100,000 Initial $1,000,000 $100,000 $1,000,000 - $5,000,000 None $1,000,000 - $5,000,000 None Over $5,000,000 100% Over $5,000,000 100% Catastrophe (4) Initial $5,000,000 $4,000,000 Initial $5,000,000 $3,000,000 $5,000,000 - $320,000,000 None $5,000,000 - $252,000,000 None Over $320,000,000 100% Over $252,000,000 100% (1) Treaty for July 1, 2017 – June 30, 2018 is a two year treaty with expiration date of June 30, 2019. (2) Covered by excess of loss treaties up to $3,500,000 and by facultative facility from $3,500,000 to $10,000,000. (3) Covered by excess of loss treaties. (4) Catastrophe coverage is limited on an annual basis to two times the per occurrence amounts. The Company’s reinsurance program is structured to enable the Company to significantly grow its premium volume while maintaining regulatory capital and other financial ratios generally within or below the expected ranges used for regulatory oversight purposes. The reinsurance program also provides income as a result of ceding commissions earned pursuant to the quota share reinsurance contracts. The Company’s participation in reinsurance arrangements does not relieve the Company of its obligations to policyholders. Ceding Commission Revenue The Company earns ceding commission revenue under its quota share reinsurance agreements based on: (i) a fixed provisional commission rate at which provisional ceding commissions are earned, and (ii) a sliding scale of commission rates and ultimate treaty year loss ratios on the policies reinsured under each of these agreements based upon which contingent ceding commissions are earned. The sliding scale includes minimum and maximum commission rates in relation to specified ultimate loss ratios. The commission rate and contingent ceding commissions earned increases when the estimated ultimate loss ratio decreases and, conversely, the commission rate and contingent ceding commissions earned decreases when the estimated ultimate loss ratio increases. The Company’s estimated ultimate treaty year loss ratios (“Loss Ratio(s)”) for treaties in effect for the three months and nine months ended September 30, 2018 are attributable to contracts for the 2017/2019 Treaty. The Company’s estimated ultimate treaty year Loss Ratios for treaties in effect for the three months and nine months ended September 30, 2017 are attributable to contracts for the 2017/2019 Treaty and 2016/2017 Treaty. Treaty in effect for the three months and nine months ended September 30, 2018 Under the 2017/2019 Treaty, the Company receives an upfront fixed provisional rate that is subject to a sliding scale contingent adjustment based upon Loss Ratio. Under this arrangement, the Company earns and earned provisional ceding commissions that are subject to later adjustment dependent on changes to the estimated Loss Ratio for the 2017/2019 Treaty. The Company’s Loss Ratios for the period July 1, 2018 through September 30, 2018 attributable to the 2017/2019 Treaty were consistent with the contractual Loss Ratio at which provisional ceding commissions were earned, and therefore no contingent commission adjustment was recorded for the three months ended September 30, 2018. The Company’s Loss Ratios for the period July 1, 2017 through June 30, 2018 attributable to the 2017/2019 Treaty were higher than the contractual Loss Ratio at which provisional ceding commissions were earned. Accordingly, for the six months ended June 30, 2018, the Company incurred negative contingent ceding commissions as a result of the estimated Loss Ratio for the 2017/2019 Treaty, which reduced contingent ceding commissions earned. Treaty in effect for the three months and nine months ended September 30, 2017 Under the 2017/2019 and 2016/2017 Treaty, the Company received an upfront fixed provisional rate that was subject to a sliding scale contingent adjustment based upon Loss Ratio. Under this arrangement, the Company earned provisional ceding commissions that were subject to later adjustment dependent on changes to the estimated Loss Ratio for the 2016/2017 Treaty. The Company’s Loss Ratios for the period July 1, 2017 through September 30, 2017 (attributable to the 2017/2019 Treaty), and from July 1, 2016 through June 30, 2017 (attributable to the 2016/2017 Treaty) were consistent with the contractual Loss Ratio at which the provisional ceding commissions were earned and therefore no contingent commission adjustments were recorded for the three months and nine months ended September 30, 2017 with respect to these treaties. In addition to the treaties that were in effect for the three months and nine months ended September 30, 2018 and 2017, the Loss Ratios from prior years’ treaties are subject to change as incurred losses from those periods increase or decrease, resulting in an increase or decrease in the commission rate and contingent ceding commissions earned. Ceding commission revenue consists of the following: Three months ended Nine months ended September 30, September 30, 2018 2017 2018 2017 Provisional ceding commissions earned $ 1,255,034 $ 1,921,457 $ 5,468,314 $ 8,689,803 Contingent ceding commissions earned (210,505 ) (203,847 ) (1,037,459 ) (481,803 ) $ 1,044,529 $ 1,717,610 $ 4,430,855 $ 8,208,000 Provisional ceding commissions are settled monthly. Balances due from reinsurers for contingent ceding commissions on quota share treaties are settled annually based on the Loss Ratio of each treaty year that ends on June 30. As discussed above, the Loss Ratios from prior years’ treaties are subject to change as incurred losses from those periods develop, resulting in an increase or decrease in the commission rate and contingent ceding commissions earned. As of September 30, 2018 and December 31, 2017, net contingent ceding commissions payable to reinsurers under all treaties was approximately $1,205,000 and $1,850,000, respectively, which is recorded in reinsurance balances payable on the accompanying condensed consolidated balance sheets. |