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Reserve for Unpaid Losses and Loss Adjustment Expenses
6 Months Ended
Jun. 30, 2021
Liability for Unpaid Claims and Claims Adjustment Expense, Activity in Liability [Abstract]  
Reserve for Unpaid Losses and Loss Adjustment Expenses 9. RESERVE FOR UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES
PROPERTY AND CASUALTY INSURANCE PRODUCTS
Rollforward of Liabilities for Unpaid Losses and Loss Adjustment Expenses
 For the six months ended June 30,
 20212020
Beginning liabilities for unpaid losses and loss adjustment expenses, gross
$29,622 $28,261 
Reinsurance and other recoverables5,725 5,275 
Beginning liabilities for unpaid losses and loss adjustment expenses, net
23,897 22,986 
Provision for unpaid losses and loss adjustment expenses
  
Current accident year3,838 3,962 
Prior accident year development [1]80 (245)
Total provision for unpaid losses and loss adjustment expenses
3,918 3,717 
Change in deferred gain on retroactive reinsurance included in other liabilities [1](45)(83)
Payments
  
Current accident year(864)(778)
Prior accident years(2,222)(2,575)
Total payments
(3,086)(3,353)
Foreign currency adjustment(7)(10)
Ending liabilities for unpaid losses and loss adjustment expenses, net
24,677 23,257 
Reinsurance and other recoverables5,905 5,427 
Ending liabilities for unpaid losses and loss adjustment expenses, gross
$30,582 $28,684 
[1] Prior accident year development does not include the benefit of a portion of losses ceded under the Navigators and A&E ADC which, under retroactive reinsurance accounting, is deferred and is recognized over the period the ceded losses are recovered in cash from NICO. For additional information regarding the two adverse development cover reinsurance agreements, refer to Adverse Development Covers discussion below.
Unfavorable (Favorable) Prior Accident Year Development
For the six months ended June 30,
20212020
Workers’ compensation$(83)$(38)
Workers’ compensation discount accretion18 18 
General liability307 114 
Marine
Package business(46)(6)
Commercial property(20)(2)
Professional liability(7)
Bond(14)(10)
Assumed reinsurance— (7)
Automobile liability - Commercial Lines— 27 
Automobile liability - Personal Lines(43)(21)
Homeowners— 
Catastrophes(98)(413)
Uncollectible reinsurance(10)(2)
Other reserve re-estimates, net 29 
Prior accident year development before change in deferred gain35 (328)
Change in deferred gain on retroactive reinsurance included in other liabilities [1]45 83 
Total prior accident year development$80 $(245)
[1] The change in deferred gain for the six months ended June 30, 2021 and 2020 included $45 and $83, respectively, of adverse development on Navigators 2018 and prior accident year reserves, primarily driven by professional liability in the 2021 period and professional liability, marine, general liability, prior accident year catastrophes, and assumed reinsurance in the 2020 period.
Re-estimates of prior accident year reserves for the six months ended June 30, 2021
Workers’ compensation reserves were decreased primarily within small commercial and middle & large commercial accounts for the 2013 through 2017 accident years driven by lower than previously estimated claim severity.
General liability reserves were increased including an increase for sexual molestation and sexual abuse claims above the amount of reserves previously recorded for this exposure, primarily to reflect an increase in reserves for claims made against the Boy Scouts of America ("BSA") as discussed further below, partially offset by reserve decreases for other mass torts and extra contractual liability claims.
Package business reserves decreased largely due to lower estimated loss adjustment expenses for accident years 2014 to 2018 and a reduction in estimated reserves for extra contractual liability claims.
Commercial property reserves were decreased primarily due to favorable development for the 2020 accident year in both middle & large commercial and global specialty.
Professional liability reserves were decreased due to lower estimated severity in both large and middle market directors’ and officers’ (“D&O”) insurance for older accident years. More than offsetting this favorable reserve development were reserve increases on legacy Navigators public company directors’ and officers’ insurance for 2018 and prior accident years which is reflected within the change in deferred gain on retroactive reinsurance in the above table.
Bond reserves were reduced mostly due to favorable emergence on contract surety claims driven by higher than previously anticipated recoveries, largely for the 2016 to 2017 accident years.
Automobile liability reserves were decreased in Personal Lines principally due to lower estimated severity on AARP Direct and Agency claims, primarily within accident years 2015 to 2020, and a reduction in estimated reserves for extra contractual liability claims.
Catastrophes reserves were decreased in both Commercial and Personal Lines primarily driven by a reduction in reserves for 2019 and 2020 wind and hail events, lower estimated losses from 2017 and 2018 hurricanes and a reduction in estimated losses from the 2017 and 2018 California wildfires, including an expected recovery of subrogation from a utility related to the 2018 Woolsey wildfire in California.
Uncollectible reinsurance reserves were decreased due to a higher than expected recovery from one reinsurer on which the Company had recognized an allowance for credit losses.
Other reserve re-estimates, net, were increased primarily due to an increase in reserves for sexual molestation and sexual abuse claims within P&C Other Operations, principally on assumed reinsurance.
Re-estimates of prior accident year reserves for the six months ended June 30, 2020
Workers’ compensation reserves were reduced on
national account business within middle & large commercial, driven by lower than previously estimated claim severity for the 2014 and prior accident years and were reduced in small commercial due to lower than expected claim severity for the 2013 to 2018 accident years.
General liability reserves were increased in first
quarter 2020, primarily related to guaranteed cost construction business for accident years 2016 to 2019 as incurred losses are developing higher than previously expected for premises and operations claims and product liability claims, partly due to a change in industry mix and a heavier concentration of losses in California than initially assumed. General liability reserves were also increased in second quarter 2020 on primary layer construction account business mainly related to the 2018 accident year and is largely included as a component of the change in deferred gain under retroactive reinsurance in the above table. In addition, the Company recorded an increase in reserves for sexual molestation and abuse claims in the second quarter of 2020 related to cases brought against religious and other institutions that were insureds of the Company. During the second quarter of 2020, the Company increased these reserves by $102 considering the impact of recent bankruptcy filings and
an expected increase in claim incidence largely driven by legislation passed in a number of states that provides an opportunity for claimants to file claims for a period of time despite the fact that the original statute of limitations had expired.
Marine reserves were increased principally due to an
increase in domestic marine liability, mostly in accident years 2017 and 2018 due to a higher number of large losses. The increase in marine reserves is included as a component of the change in deferred gain under retroactive reinsurance in the above table.
Commercial property reserves were decreased for accident year 2019 due to favorable developments on marine and middle market property claims.
Professional liability reserves were increased
primarily due to an increase in large D&O losses within Global Specialty, principally in the 2016 and 2017 accident years. The reserve increases within Global Specialty are included as a component of the change in deferred gain under retroactive reinsurance in the above table.
Assumed reinsurance reserves were increased for
accident year 2018 mostly due to higher accident and health reserve estimates for medical professionals on assumed casualty business. These reserve increases are included as a component of the change in deferred gain under retroactive reinsurance in the above table.
Automobile liability reserves were decreased in
Personal Lines principally due to lower than previously expected AARP Direct automobile liability claim severity for the 2017 and 2018 accident years. Automobile liability reserves were increased in Commercial Lines primarily due to higher than expected large losses on national accounts in the first quarter of 2020 related to accident years 2015 to 2017 and due to large losses within middle & large commercial, primarily within the 2018 and 2019 accident years.
Catastrophes reserves were reduced, primarily due to a reduction in estimated reserves for 2017 and 2018 California wildfires and a reduction in estimated catastrophes for wind and hail events in the 2018 and 2019 accident years, partially offset by an increase in reserves for 2019 typhoons Hagibis and Faxai in Asia. The reduction in reserves for the 2017 and 2018 wildfires was largely due to recognizing a $289 subrogation benefit in the second quarter of 2020 from PG&E Corporation and Pacific Gas and Electric Company (together, “PG&E”).
Settlement Agreement with Boy Scouts of America
On April 16, 2021, the Company announced that it had entered into a Settlement Agreement and Release (the “Agreement”) with BSA pursuant to which The Hartford would pay $650 for sexual molestation and sexual abuse claims associated with liability policies issued by various Hartford writing companies in the 1970s and early 1980s. The Agreement was contingent on a number of conditions, including confirmation of a BSA global plan of reorganization that incorporated the Agreement. On July 2, 2021, BSA filed papers with the Bankruptcy Court requesting to be excused from its obligations under the Agreement. The Company opposes BSA’s requested relief and has argued that legally BSA cannot be excused from performance of its
obligations under the Agreement. Even in the absence of a settlement with BSA, the Company continues to believe that $650 is a reasonable estimate of the settlement value of its exposure to sexual molestation and sexual abuse claims pertaining to the BSA and its local councils. Nonetheless, given uncertainties associated with BSA's request to be excused from its obligations under the Agreement, the large number of claims filed against BSA in the bankruptcy, the complex, disputed coverage issues involved with the Company’s policies issued to BSA and its local councils, and the inherent unpredictability of related litigation, and court ordered mediation, it is possible that adverse outcomes, if any, could have a material adverse effect on the Company’s consolidated operating results.
Adverse Development Covers
The Company has an adverse development cover reinsurance agreement with NICO, a subsidiary of Berkshire Hathaway Inc., to reinsure loss development after 2016 on substantially all of the Company’s asbestos and environmental reserves (the “A&E ADC”). Under the A&E ADC, the Company paid a reinsurance premium of $650 for NICO to assume adverse net loss reserve development up to $1.5 billion above the Company’s existing net A&E reserves as of December 31, 2016 of approximately $1.7 billion including reserves for A&E exposure for accident years prior to 1986 that are reported in Property & Casualty Other Operations ("Run-off A&E") and reserves for A&E exposure for accident years 1986 and subsequent from policies underwritten prior to 2016 that are reported in ongoing Commercial Lines and Personal Lines. The $650 reinsurance premium was placed into a collateral trust account as security for NICO’s claim payment obligations to the Company. The Company has retained the risk of collection on amounts due from other third-party reinsurers and continues to be responsible for claims handling and other administrative services, subject to certain conditions. The A&E ADC covers substantially all the Company’s A&E reserve development up to the reinsurance limit.
Under retroactive reinsurance accounting, net adverse A&E reserve development after December 31, 2016 will result in an offsetting reinsurance recoverable up to the $1.5 billion limit. Cumulative ceded losses up to the $650 reinsurance premium paid have been recognized as a dollar-for-dollar offset to direct losses incurred. Cumulative ceded losses exceeding the $650 reinsurance premium paid result in a deferred gain. As of June 30, 2021, the Company has incurred $860 in cumulative adverse development on asbestos and environmental reserves that have been ceded under the A&E ADC treaty with NICO with $640 of available limit remaining under the A&E ADC. As a result, the Company has recorded a $210 deferred gain within other liabilities, representing the difference between the reinsurance recoverable of $860 and ceded premium paid of $650. The deferred gain is recognized over the claim settlement period in the proportion of the amount of cumulative ceded losses collected from the reinsurer to the estimated ultimate reinsurance recoveries. Consequently, until periods when the deferred gain is recognized as a benefit to earnings, cumulative adverse development of asbestos and environmental claims will result in charges against earnings which may be significant.
Immediately after closing on the acquisition of Navigators Group, effective May 23, 2019, the Company purchased the Navigators ADC, an aggregate excess of loss reinsurance agreement covering adverse reserve development, from NICO, on behalf of Navigators Insurers. Under the Navigators ADC, the Navigators Insurers paid NICO a reinsurance premium of $91 in
exchange for reinsurance coverage of $300 of adverse net loss reserve development that attaches $100 above the Navigators Insurers' existing net loss and allocated loss adjustment reserves as of December 31, 2018 subject to the treaty of $1.816 billion for accidents and losses prior to December 31, 2018.
As of June 30, 2021, the Company has recorded a reinsurance recoverable under the Navigators ADC of $254, as estimated cumulative loss development on the 2018 and prior accident year reserves of $354 exceed the $100 deductible. While the
reinsurance recoverable is $254, the Company has also recorded a $163 cumulative deferred gain within other liabilities since, under retroactive reinsurance accounting, ceded losses in excess of the $91 of ceded premium paid must be recognized as a deferred gain. Of the $163 of cumulative ceded losses in excess of ceded premium paid, $45 was recognized as a deferred gain in 2021 and $83 was recognized as a deferred gain in 2020. As the Company has ceded $254 of the $300 available limit, there is $46 of remaining limit available as of June 30, 2021.
GROUP LIFE, DISABILITY AND ACCIDENT PRODUCTS
Rollforward of Liabilities for Unpaid Losses and Loss Adjustment Expenses
For the six months ended June 30,
20212020
Beginning liabilities for unpaid losses and loss adjustment expenses, gross$8,233 $8,256 
Reinsurance recoverables [1]237 246 
Beginning liabilities for unpaid losses and loss adjustment expenses, net7,996 8,010 
Provision for unpaid losses and loss adjustment expenses
Current incurral year2,464 2,297 
Prior year's discount accretion106 111 
Prior incurral year development [2](282)(315)
Total provision for unpaid losses and loss adjustment expenses [3]2,288 2,093 
Payments
Current incurral year(1,000)(871)
Prior incurral years(1,414)(1,290)
Total payments(2,414)(2,161)
Ending liabilities for unpaid losses and loss adjustment expenses, net7,870 7,942 
Reinsurance recoverables250 244 
Ending liabilities for unpaid losses and loss adjustment expenses, gross$8,120 $8,186 
[1]Includes a cumulative effect adjustment of $(1) representing an adjustment to the ACL recorded on adoption of accounting guidance for credit losses on January 1, 2020. For further information refer to 2020 10-K, Note 1 - Basis of Presentation and Significant Accounting Policies.
[2]Prior incurral year development represents the change in estimated ultimate incurred losses and loss adjustment expenses for prior incurral years on a discounted basis.
[3]Includes unallocated loss adjustment expenses ("ULAE") of $87 and $89 for the six months ended June 30, 2021 and 2020, respectively, that are recorded in insurance operating costs and other expenses in the Condensed Consolidated Statements of Operations.
Re-estimates of prior incurral years reserves for the six months ended June 30, 2021
Group disability- Prior period reserve estimates decreased by approximately $240 largely driven by group long-term disability claim incidence lower than prior assumptions together with strong recoveries on prior incurral year claims. Also contributing was group short-term disability non-COVID-19 claim incidence lower than previously expected and a New York Paid Family Leave program refund.
Group life and accident (including group life premium waiver)- Prior period reserve estimates decreased by approximately $30 largely driven by lower-than-previously expected claim incidence in both group life premium waiver and group accidental death & dismemberment.
Supplemental Accident & Health- Prior period reserve estimates decreased by approximately $10 driven by lower-than-previously expected claim incidence during the pandemic.
Re-estimates of prior incurral years reserves for the six months ended June 30, 2020
Group disability- Prior period reserve estimates decreased by approximately $230 largely driven by group long-term disability lower claim incidence and higher recoveries on prior incurral year claims, and a refund on the New York Paid Family Leave program.
Group life and accident (including group life premium waiver)- Prior period reserve estimates decreased by approximately $65 largely driven by lower prior year mortality than prior assumptions in group life and lower-than-previously expected claim incidence in group life premium waiver.
Supplemental Accident & Health- Prior period reserve estimates decreased by approximately $20 driven by lower-than-expected emergence of prior year claims, especially for voluntary critical Illness and voluntary accident products.
10. RESERVE FOR FUTURE POLICY BENEFITS
Changes in Reserves for Future Policy Benefits[1]
For the six months ended June 30,
20212020
Beginning liability balance$638 $635 
Incurred33 53 
Paid(54)(42)
Change in unrealized investment gains and losses(6)
Ending liability balance$611 $652 
Ending reinsurance recoverable asset$24 $27 
[1] Reserves for future policy benefits includes paid-up life insurance and whole-life policies resulting from conversion from group life policies included within the Group Benefits segment and reserves for run-off structured settlement and terminal funding agreement liabilities which are in the Corporate category.