Exhibit 99 AMERICAN PHYSICIANS CAPITAL, INC. REPORTS THIRD QUARTER 2005 RESULTS EAST LANSING, Mich., Nov. 3 /PRNewswire-FirstCall/ -- Significant Third Quarter 2005 Events * Net income of $6.8 million or $.79 per diluted common share * Operating income of $7.1 million or $.82 per diluted common share * Book value increased to $30.55 per share * Continued strong medical professional liability results with a year-to-date combined ratio of 97.9% * Stable run-off reserves in our "other insurance" line American Physicians Capital, Inc. (APCapital) (Nasdaq: ACAP) today announced net income of $6.8 million or $.79 per diluted common share for the third quarter of 2005. This compares to net income of $4.5 million, or $.52 per diluted common share for the 2004 third quarter. For the nine months ended September 30, 2005, the Company has generated net income of $61.9 million or $7.08 per diluted common share compared to net income of $13.5 million or $1.57 per diluted common share in 2004. Strong earnings and the elimination of the Company's deferred tax valuation allowance in the second quarter of 2005 were the primary contributors to the increase in net income recorded in the first nine months of 2005 compared with the same period in 2004. For the third quarter of 2005, operating income, which excludes realized gains and losses, net of tax was $7.1 million, or $.82 per diluted common share. This compares to net operating income of $4.8 million or $.54 per diluted common share in the third quarter of 2004. "Our strategic plan over the last several quarters to improve the performance of our core medical professional liability business and shed non- core lines continued to produce positive results," stated President and Chief Executive Officer R. Kevin Clinton. "Medical professional liability generated a solid $11.3 million of pre-tax earnings for the quarter, and the other insurance line now has a negligible impact on our financials." Medical Professional Liability Results Three Months Ended Nine Months Ended September 30 September 30 ----------------------------- ----------------------------- (dollars in thousands) 2005 2004 2005 2004 - ---------------------------------------- ------------ ------------ ------------ ------------ Direct Premiums Written $ 61,903 $ 70,784 $ 145,657 $ 163,841 Net Premiums Written $ 53,101 $ 61,149 $ 123,762 $ 141,088 Net Premiums Earned $ 40,280 $ 44,169 $ 122,981 $ 130,184 Incurred Loss and Loss Adjustment Expenses: Current Accident Year Losses 32,161 36,881 99,455 112,557 Gerling Commutation - - - 4,139 Prior Year Losses (1,375) (700) (3,925) (5,549) Total 30,786 36,181 95,530 111,147 Underwriting Expenses 7,401 9,185 24,902 27,340 Underwriting Income (Loss) 2,093 (1,197) 2,549 (8,303) Net Investment Income and Other 9,178 9,300 29,248 32,177 Pre-tax Income $ 11,271 $ 8,103 $ 31,797 $ 23,874 Loss Ratio: Current Accident Year 79.8% 83.5% 80.9% 86.5% Prior Year Development (including Gerling) -3.4% -1.6% -3.2% -1.1% Calendar Year 76.4% 81.9% 77.7% 85.4% Underwriting Expense Ratio 18.4% 20.8% 20.2% 21.0% Combined Ratio 94.8% 102.7% 97.9% 106.4% Pre-tax income in the third quarter of 2005 totaled $11.3 million, an increase of $3.2 million or 39.1% from the same period in 2004. The improved results reflect the positive impact of rate increases taken since 2002, the exit from unprofitable markets and market segments, as well as the implementation of more stringent underwriting standards. The loss ratio in the third quarter of 2005 was 76.4%, which lowered the loss ratio for the first nine months of 2005 to 77.7%. The 2005 year-to-date loss ratio is down from 85.4% for the first nine months of 2004. The improved loss ratio was the result of several factors including earned rate increases and the application of stricter underwriting standards. The 2005 year-to-date loss ratio includes $3.9 million of positive prior year development as compared to $5.5 million a year ago (excluding the effects of the 2004 Gerling commutation). Direct written premiums are down $8.9 million or 12.5% in the third quarter of 2005, and year-to-date premiums are down $18.2 million or 11.1% from a year ago. The result of exiting Nevada and Florida, discontinuing the alternative risk program and non-renewing a larger hospital account due to underwriting considerations accounted for approximately $10.2 million of this year-to-date decline in premium. Premiums also declined from 2004 due to reducing exposures in certain high risk territories and specialties in Ohio and Kentucky where our premiums are down $4.1 million and $3.9 million year- to-date, respectively. Premium rate increases have ranged from 2.5% to 9.0% by state in 2005, except Kentucky where we increased rates 23.6%. Although we have experienced price competition, we remain committed to profitable underwriting, and thus will continue to adequately price our product. The underwriting expense ratio was 18.4% in the third quarter of 2005, down from 20.8% in the third quarter of 2004 as we continue to work to reduce expenses. The third quarter ratio also benefited from the recovery of certain expenses previously recorded in relation to an arbitration matter. Our year- to-date 2005 underwriting ratio of 20.2% is down from the 2004 rate of 21.0%. Other Insurance Lines Results Three Months Ended Nine Months Ended September 30, September 30, ----------------------------- ----------------------------- (dollars in thousands) 2005 2004 2005 2004 - ---------------------------------------- ------------ ------------ ------------ ------------ Direct Premiums Written $ (62) $ 2,306 $ 2,082 $ 8,938 Net Premiums Written $ (110) $ 2,574 $ (348) $ 8,716 Net Premiums Earned $ (109) $ 4,586 $ 763 $ 23,775 Incurred Loss and Loss Adjustment Expenses: Current Accident Year Losses (106) 4,706 505 21,088 Gerling Commutation - - - 271 Prior Year Losses 114 1,886 1,809 5,194 Total 8 6,592 2,314 26,553 Underwriting Expenses 137 653 345 6,646 Underwriting Loss (254) (2,659) (1,896) (9,424) Net Investment Income and Other 630 516 2,189 2,964 Pre-tax Income (Loss) $ 376 $ (2,143) $ 293 $ (6,460) Loss Ratio: Current Accident Year 97.2% 102.6% 66.2% 88.7% Prior Year Development (including Gerling) -104.5% 41.1% 237.1% 23.0% Calendar Year -7.3% 143.7% 303.3% 111.7% Underwriting Expense Ratio -125.7% 14.2% 45.2% 28.0% Combined Ratio -133.0% 157.9% 348.5% 139.7% All of our other insurance policies have expired. The negative premium amounts are the result of final policy audits or other adjustments. The majority of residual health claims outstanding should run-off by the end of 2005. We continue to manage the run-off of the workers' compensation claims. There were 675 open claims at September 30, 2005, down 39.0% since the start of the year. Investment Income Investment income was $10.8 million in the third quarter of 2005, a decrease of $195,000 from the third quarter of 2004. For the first nine months of 2005, investment income was $33.6 million, down $2.9 million from 2004. Investment income is down in 2005 as a result of our efforts to reduce the overall risk of our portfolio, whereby we have liquidated higher risk securities, which had been generating higher returns. In addition, certain CMO securities have decreased in market value by approximately $907,000 in the third quarter of 2005. Due to the accounting treatment associated with these securities, market value adjustments are reflected in investment income. At September 30, 2005, $355.4 million, or 58.5% of our fixed income security portfolio is classified as held-to-maturity. The Company retains $252.3 million of securities classified as available-for-sale and $229.3 million of cash and cash equivalent resources that allow management flexibility with respect to investment options in response to changes in future interest rates. Federal Income Tax Expense (Credit) At September 30, 2005, the Company has a net deferred tax asset of $48.5 million. The Company has approximately $27.7 million of net loss carryforwards available to offset future taxable income. In addition, we have $8.6 million of alternative minimum tax credit carryforwards. For financial reporting purposes, our effective tax rate is expected to be approximately 35.0% going forward. Balance Sheet and Equity Information APCapital's total assets were $1.115 billion at September 30, 2005, up $44.7 million from December 31, 2004. At September 30, 2005, the Company's total shareholders' equity was $259.8 million compared to $202.1 million at December 31, 2004. The increase in equity was the result of the 2005 net income and the non-income effect of the deferred tax valuation allowance reversal during the second quarter of 2005, partially offset by the effect of share repurchases. APCapital's book value per common share was $30.55 at September 30, 2005, based on 8,501,685 common shares outstanding, compared to $23.31 at December 31, 2004. Share Repurchase Program During the third quarter of 2005, the Company repurchased 44,100 shares of its common stock at an average price of $37.56. Year-to-date, the Company has repurchased 264,900 shares at an average price of $35.48. Under the September 11, 2003 authorization, the Company has approximately 153,500 shares available for repurchase at September 30, 2005. On November 2, 2005, the Board of Directors approved an additional 5% common stock repurchase authorization upon completion of the September 2003 authorization. Outlook "We are very pleased with our third quarter results," said Clinton. "Our core business is profitable and we have completed a major restructuring of our business. We are well positioned to accept new business that meets our pricing and underwriting standards." Conference Call APCapital's website, http://www.apcapital.com , will host a live Webcast of its conference call in a listen-only format to discuss 2005 third quarter results on November 4, 2005 at 10:00 a.m. Eastern time. An archived edition of the Webcast can be accessed by going to the Company's website and selecting "For Investors," then "Audio Links." For individuals unable to access the Webcast, a telephone replay will be available by dialing 1-888-286-8010 (international 617-801-6888) and entering the conference passcode: 65175782. The replay will be available through 11:59 p.m. Eastern time on November 9, 2005. Corporate Description American Physicians Capital, Inc. is a regional provider of medical professional liability insurance focused primarily in the Midwest markets through American Physicians Assurance Corporation and its other subsidiaries. Further information about the companies is available on the Internet at http://www.apcapital.com . Forward-Looking Statement Certain statements made by American Physicians Capital, Inc. in this release may constitute forward-looking statements within the meaning of the federal securities laws. When we use words such as "will," "should," "believes," "expects," "anticipates," "estimates" or similar expressions, or make statements in the section entitled "Outlook," we are making forward- looking statements. While we believe any forward-looking statements we have made are reasonable, they are subject to risks and uncertainties, and actual results could differ materially. These risks and uncertainties include, but are not limited to, the following: * the potential inadequacy of our loss and loss adjustment expense reserves, which could require us to make an adjustment to the level of these reserves and that may materially and adversely impact the results of operations for the period any such adjustment is made; * a deterioration in the current accident year experience could result in a portion or all of our deferred policy acquisition costs not being recoverable, which would result in a charge to income; * unforeseen costs or the need for additional reserve enhancements associated with our exit from workers' compensation; * substantial jury awards against our insureds could impose liability on us exceeding our policy limits or the funds we have reserved for the payment of claims; * increased pressures on premium rates and our potential inability to obtain rate increases; * changes in competitive conditions; * the passing of tort reform at a national level may have a material adverse impact on our results of operations pertaining to certain markets that currently have tort reform in place at the state level; * recently passed tort reform legislation in Illinois may have a material adverse impact on our results of operations if claims frequency or severity trend upwards, as we may not be able to obtain rate increases the Company deems necessary; * an unanticipated increase in claims frequency or severity patterns; * our potential inability to obtain adequate and affordable reinsurance coverage from creditworthy reinsurers; * our potential inability to collect the full amount of our reinsurance recoverables from reinsurers experiencing financial difficulties, which could result in a future charge to income; * adverse regulatory and market changes in certain states of operation where our business is concentrated; * the loss of our relationships with medical associations; * an interruption or change in our principal third-party distribution relationship; * the potential insolvency of any of the guaranty associations in which we participate; * the potential inability to obtain regulatory approval of rate increases; * our potential inability to comply with insurance regulations; * a reduction in our A.M. Best Company rating; * negative changes in financial market conditions; * a significant increase in short-term interest rates; * a change in real estate market conditions; * a downturn in general economic conditions; and * any other factors listed or discussed in the reports filed by APCapital with the Securities and Exchange Commission under the Securities Exchange Act of 1934. APCapital does not undertake, and expressly disclaims any obligation, to update or alter its statements whether as a result of new information, future events or otherwise, except as required by law. Definition of Non-GAAP Financial Measures The Company uses operating income, a non-GAAP financial measure, to evaluate APCapital's underwriting performance. Operating income differs from net income by excluding the after-tax effect of realized capital gains and (losses). Although the investment of premiums to generate investment income and capital gains or (losses) is an integral part of an insurance company's operations, the Company's decisions to realize capital gains or (losses) are independent of the insurance underwriting process. In addition, under applicable GAAP accounting requirements, losses may be recognized for accounting purposes as the result of other than temporary declines in the value of investment securities, without actual realization. APCapital believes that the level of realized gains and (losses) for any particular period is not indicative of the performance of our ongoing underlying insurance operations in a particular period. As a result, the Company believes that providing operating income (loss) information makes it easier for users of APCapital's financial information to evaluate the success of the Company's underlying insurance operations. In addition to the Company's reported loss ratios, management also uses accident year loss ratios, a non-GAAP financial measure, to evaluate the Company's current underwriting performance. The accident year loss ratio excludes the effect of prior years' loss reserve development. APCapital believes that this ratio is useful to investors as it focuses on the relationships between current premiums earned and losses incurred related to the current year. Although considerable variability is inherent in the estimates of losses incurred related to the current year, the Company believes that the current estimates are reasonable. Summary Financial Information APCapital, Inc. September 30, December 31, Balance Sheet Data 2005 2004 - ---------------------------------------- --------------- ---------------- (Unaudited) (In thousands, except per share data) Assets: Available-for-sale - bonds $ 252,268 $ 657,706 Held-to-maturity - bonds 355,374 - Other invested assets 13,599 9,456 Cash and cash equivalents 229,323 190,936 Total cash and investments 850,564 858,098 Premiums receivable 56,441 54,614 Reinsurance recoverable 108,014 103,312 Deferred federal income taxes 48,469 - Other assets 51,125 53,875 Total assets $ 1,114,613 $ 1,069,899 Liabilities and Shareholders' Equity: Unpaid losses and loss adjustment expenses $ 687,940 $ 693,630 Unearned premiums 91,157 90,040 Long-term debt 30,928 30,928 Other liabilities 42,250 50,977 Total liabilities 852,275 865,575 Minority interest in consolidated subsidiary 2,570 2,200 Net unrealized gains, net of tax 8,829 8,154 Other shareholders' equity 250,939 193,970 Total shareholders' equity 259,768 202,124 Total liabilities and shareholders' equity $ 1,114,613 $ 1,069,899 Book value per share $ 30.55 $ 23.31 Shares outstanding 8,502 8,672 Summary Financial Information APCapital, Inc. Unaudited Income Statements Three Months Ended Nine Months Ended September 30, September 30, ----------------------------- ----------------------------- 2005 2004 2005 2004 ------------ ------------ ------------ ------------ (In thousands except per share data) Direct premiums written $ 61,841 $ 73,090 $ 147,739 $ 172,779 Net premiums written $ 52,991 $ 63,723 $ 123,414 $ 149,804 Net premiums earned $ 40,171 $ 48,755 $ 123,744 $ 153,959 Investment income 10,752 10,947 33,582 36,451 Net realized (losses) gains (428) (332) (750) 1,233 Other income 222 156 687 562 Total revenues 50,717 59,526 157,263 192,205 Losses and loss adjustment expenses 30,794 42,773 97,844 137,700 Underwriting expenses 7,538 9,838 25,247 33,986 Other expenses 1,824 2,142 6,253 7,389 Total expenses 40,156 54,753 129,344 179,075 Income before income taxes and minority interest 10,561 4,773 27,919 13,130 Federal income tax expense (benefit) 3,705 226 (34,393) (374) Income before minority interest 6,856 4,547 62,312 13,504 Minority interest in net (income) loss of consolidated subsidiary (31) 2 (373) 17 Net income $ 6,825 $ 4,549 $ 61,939 $ 13,521 Adjustments to reconcile net income to operating income Net income $ 6,825 $ 4,549 $ 61,939 $ 13,521 Add back: Realized losses (gains), net of tax 278 216 488 (801) Net operating income $ 7,103 $ 4,765 $ 62,427 $ 12,720 Ratios: Loss ratio (1) 76.7% 87.7% 79.1% 89.4% Underwriting expense ratio (2) 18.8% 20.2% 20.4% 22.1% Combined ratio (3) 95.5% 107.9% 99.5% 111.5% Earnings per share data: Net income Basic $ 0.81 $ 0.54 $ 7.23 $ 1.60 Diluted $ 0.79 $ 0.52 $ 7.08 $ 1.57 Net operating income per share Basic $ 0.84 $ 0.56 $ 7.28 $ 1.51 Diluted $ 0.82 $ 0.54 $ 7.13 $ 1.47 Basic weighted average shares outstanding 8,444 8,443 8,572 8,427 Diluted weighted average shares outstanding 8,652 8,755 8,754 8,626 (1) The loss ratio is calculated by dividing incurred loss and loss adjustment expenses by net premiums earned. (2) The underwriting ratio is calculated by dividing underwriting expenses by net premiums earned. (3) The combined ratio is the sum of the loss and underwriting ratios. Summary Financial Information APCapital, Inc. Unaudited Selected Cash Flow Information Nine Months Ended September 30, ---------------------------------- 2005 2004 --------------- --------------- (In thousands) Net cash provided by operating activities $ 22,590 $ 28,636 Net cash provided by investing activities $ 22,760 $ 72,458 Net cash used in financing activities $ (6,963) $ (5,076) APCapital, Inc. Supplemental Statistics Medical Professional Liability Reported Claim Count ---------------------------------- Excluding Total Three Months Ended Florida Florida (All States) - -------------------------- --------- ------- ------------ September 30, 2005 354 7 361 June 30, 2005 395 6 401 March 31, 2005 403 1 404 December 31, 2004 365 6 371 September 30, 2004 424 7 431 June 30, 2004 454 5 459 March 31, 2004 515 10 525 December 31, 2003 467 62 529 September 30, 2003 566 65 631 June 30, 2003 588 106 694 March 31, 2003 602 201 803 Net Premium Earned (in thousands) ---------------------------------------------- Florida Excluding ------------------ Total Three Months Ended Florida APCapital PIC (All States) - -------------------------- --------- --------- ------ ------------ September 30, 2005 39,345 $ (40) $ 975 $ 40,280 June 30, 2005 39,677 - 869 40,546 March 31, 2005 41,124 232 799 42,155 December 31, 2004 42,715 199 737 43,651 September 30, 2004 42,965 531 673 44,169 June 30, 2004 42,842 203 514 43,559 March 31, 2004 41,793 281 382 42,456 December 31, 2003 37,833 1,431 610 39,874 September 30, 2003 38,279 2,764 - 41,043 June 30, 2003 32,463 5,912 - 38,375 March 31, 2003 34,700 4,785 - 39,485 Average Net Open Case Reserve Average Net Three Months Ended Claim Count Per Open Claim Paid Claim - -------------------------- ----------- -------------- ------------ September 30, 2005 3,109 $ 119,100 $ 77,300 June 30, 2005 3,211 116,300 72,500 March 31, 2005 3,344 114,900 85,800 December 31, 2004 3,342 117,000 50,500 September 30, 2004 3,803 103,300 78,100 June 30, 2004 3,885 100,100 61,000 March 31, 2004 4,103 95,400 55,200 December 31, 2003 4,447 87,600 55,100 September 30, 2003 4,780 82,200 82,200 June 30, 2003 4,788 79,800 60,300 March 31, 2003 4,830 75,400 71,500 Retention Ratio ----------------------------------------------------- Nine Months Ended Nine Months Ended September 30, Year Ended September 30, 2004 2004 2005 ------------------ --------------- ------------------ Illinois 67% 67% 74% Kentucky 76% 73% 63% Michigan 88% 88% 83% New Mexico 91% 92% 90% Ohio 79% 79% 81% Total (all states) 80% 83% 81% Notes: All values, except net premiums earned, exclude experience from our investment in Physicians Insurance Company (Florida). (Logo: http://www.newscom.com/cgi-bin/prnh/20020123/ACAPLOGO ) SOURCE American Physicians Capital, Inc. -0- 11/03/2005 /CONTACT: Ann Storberg, Investor Relations of American Physicians Capital, Inc., +1-517-324-6629/ /Photo: NewsCom: http://www.newscom.com/cgi-bin/prnh/20020123/ACAPLOGO PRN Photo Desk, photodesk@prnewswire.com/ /Web site: http://www.apcapital.com / (ACAP)