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Claim and Claim Adjustment Expense Reserves
 6 Months Ended
Jun. 30, 2019
Insurance [Abstract]  
Claim and Claim Adjustment Expense Reserves
5. Claim and Claim Adjustment Expense Reserves
CNA’s property and casualty insurance claim and claim adjustment expense reserves represent the estimated amounts necessary to resolve all outstanding claims, including incurred but not reported (“IBNR”) claims as of the reporting date. CNA’s reserve projections are based primarily on detailed analysis of the facts in each case, CNA’s experience with similar cases and various historical development patterns. Consideration is given to historical patterns such as claim reserving trends and settlement practices, loss payments, pending levels of unpaid claims and product mix, as well as court decisions and economic conditions, including inflation and public attitudes. All of these factors can affect the estimation of claim and claim adjustment expense reserves.
Establishing claim and claim adjustment expense reserves, including claim and claim adjustment expense reserves for catastrophic events that have occurred, is an estimation process. Many factors can ultimately affect the final settlement of a claim and, therefore, the necessary reserve. Changes in the law, results of litigation, medical costs, the cost of repair materials and labor rates can affect ultimate claim costs. In addition, time can be a critical part of reserving determinations since the longer the span between the incidence of a loss and the payment or settlement of the claim, the more variable the ultimate settlement amount can be. Accordingly, short-tail claims, such as property damage claims, tend to be more reasonably estimable than long-tail claims, such as workers’ compensation, general liability and professional liability claims. Adjustments to prior year reserve estimates, if necessary, are reflected in the results of operations in the period that the need for such adjustments is determined. There can be no assurance that CNA’s ultimate cost for insurance losses will not exceed current estimates.
Catastrophes are an inherent risk of the property and casualty insurance business and have contributed to material
period-to-period
fluctuations in CNA’s results of operations and/or equity. CNA reported catastrophe losses, net of reinsurance, of $
38
 million and $26 million for the three months ended June 30, 2019 and 2018 and $
96
 million and $60 million for the six months ended June 30, 2019 and 2018. Net catastrophe losses in 2019 and 2018 related primarily to U.S. weather-related events.
Liability for Unpaid Claim and Claim Adjustment Expenses
The following table presents a reconciliation between beginning and ending claim and claim adjustment expense reserves, including claim and claim adjustment expense reserves of Other Insurance Operations.
                 
Six Months Ended June 30
 
2019
 
 
2018
 
(In millions)
 
 
 
 
  
 
 
 
 
Reserves, beginning of year:
 
 
 
 
 
 
Gross
 
$
21,984
 
 
$
22,004
 
Ceded
 
 
4,019
 
 
 
3,934
 
Net reserves, beginning of year
 
 
17,965
 
 
 
18,070
 
  
 
 
 
 
 
 
 
 
Net incurred claim and claim adjustment expenses:
 
 
 
 
 
 
Provision for insured events of current year
 
 
2,615
 
 
 
2,552
 
Increase (decrease) in provision for insured events of prior years
 
 
(36
)
 
 
(112
)
Amortization of discount
 
 
98
 
 
 
92
 
Total net incurred (a)
 
 
2,677
 
 
 
2,532
 
 
 
 
 
 
 
 
 
 
Net payments attributable to:
 
 
 
 
 
 
Current year events
 
 
(315
)
 
 
(312
)
Prior year events
 
 
(2,519
)
 
 
(2,387
)
Total net payments
 
 
(2,834
)
 
 
(2,699
)
 
 
 
 
 
 
 
 
 
Foreign currency translation adjustment and other
 
 
55
 
 
 
(70
)
 
 
 
 
 
 
 
 
 
Net reserves, end of period
 
 
17,863
 
 
 
17,833
 
Ceded reserves, end of period
 
 
3,866
 
 
 
4,157
 
Gross reserves, end of period
 
$
21,729
 
 
$
21,990
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(a)
Total net incurred above does not agree to Insurance claims and policyholders’ benefits as reflected on the Consolidated Condensed Statements of Income due to amounts related to retroactive reinsurance deferred gain accounting, uncollectible reinsurance and loss deductible receivables and benefit expenses related to future policy benefits, which are not reflected in the table above.
 
 
 
 
 
 
 
 
 
 
 
 
Net Prior Year Development
Changes in estimates of claim and claim adjustment expense reserves net of reinsurance, for prior years are defined as net prior year loss reserve development. These changes can be favorable or unfavorable.
Favorable net prior year development of $31 million and $59 million was recorded for CNA’s commercial property and casualty operations (“Property & Casualty Operations”) for the three months ended June 30, 2019 and 2018 and $45 million and $98 million for the six months ended June 30, 2019 and 2018.
The following table and discussion present details of the net prior year claim and claim adjustment expense reserve development in CNA’s Property & Casualty Operations:
                                 
 
Three Months Ended
June 30,
 
 
Six Months Ended
June 30,
 
 
2019
 
 
2018
 
 
2019
 
 
2018
 
(In millions)
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
Medical professional liability
 
$
15
 
 
$
3
 
 
$
30
 
 
$
23
 
Other professional liability and management liability
 
 
(7
)
 
 
(34
)
 
 
(19
)
 
 
(68
)
Surety
 
 
(15
)
 
 
(15
)
 
 
(40
)
 
 
(30
)
Commercial auto
 
 
(3
)
 
 
 
 
 
(8
)
 
 
(1
)
General liability
 
 
13
 
 
 
26
 
 
 
(7
)
 
 
18
 
Workers’ compensation
 
 
(7
)
 
 
(6
)
 
 
(5
)
 
 
(12
)
Other
 
 
(27
)
 
 
(33
)
 
 
4
 
 
 
(28
)
Total pretax (favorable) unfavorable development
 
$
(31
)
 
$
(59
)
 
$
(45
)
 
$
(98
)
 
 
 
 
 
 
 
 
 
 
Three Months
2019
Unfavorable development in medical professional liability was primarily due to unfavorable outcomes on individual claims and higher than expected severity emergence in accident year 2017 in CNA’s dentists business.
Favorable development in surety was due to lower than expected frequency for accident years 2015 and 2016.
Unfavorable development in general liability was primarily due to higher than expected large loss experience in CNA’s excess and umbrella business in accident year 2017.
Favorable development in other was primarily due to continued lower than expected claim severity in property from catastrophes in accident year 2017.
2018
Favorable development in other professional liability and management liability was primarily in professional liability errors and omissions (“E&O”) reflecting lower than expected claim frequency in accident years 2014 through 2016 and favorable severity for accident years 2012 and prior.
Favorable development in surety was driven by continued lower than expected loss emergence on accident years 2015 and prior.
Unfavorable development in general liability was driven by higher than expected claim severity in umbrella in accident years 2013 through 2015.
Favorable development in other was driven by lower than expected claim severity in property from catastrophes in accident year 2017.
Six Months
2019
Unfavorable development in medical professional liability was primarily due to higher than expected severity in accident year 2013 in CNA’s allied healthcare business, unfavorable outcomes on individual claims and higher than expected severity emergence in accident year 2017 in CNA’s dentists business.
Favorable development in other professional liability and management liability was primarily due to lower than expected claim frequency and favorable outcomes on individual claims in accident years 2017 and prior related to financial institutions.
Favorable development in surety was due to lower than expected frequency for accident years 2016 and prior.
Favorable development in general liability was primarily due to lower than expected frequency on latent construction defect claims across multiple accident years. This was partially offset by unfavorable development due to higher than expected large loss experience in CNA’s excess and umbrella business in accident year 2017.
2018
Unfavorable development for medical professional liability was primarily due to higher than expected severity in accident years 2014 and 2017 in CNA’s hospitals business.
Favorable development in other professional liability and management liability was primarily due to lower than expected claim frequency for accident years 2013 through 2017 related to financial institutions. Additional favorable development was in professional liability E&O reflecting lower than expected claims frequency in accident years 2014 through 2016 and favorable severity for accident years 2012 and prior.
Favorable development for surety was due to continued lower than expected loss emergence for accident years 2015 and prior.
Unfavorable development in general liability was driven by higher than expected claim severity in umbrella in accident years 2013 through 2015.
Favorable development in other was driven by lower than expected claim severity in property from catastrophes in accident year 2017.
Asbestos and Environmental Pollution (“A&EP”) Reserves
In 2010, Continental Casualty Company (“CCC”) together with several of CNA’s insurance subsidiaries completed a transaction with National Indemnity Company (“NICO”), a subsidiary of Berkshire Hathaway Inc., under which substantially all of CNA’s legacy A&EP liabilities were ceded to NICO through a loss portfolio transfer (“loss portfolio transfer” or “LPT”). At the effective date of the transaction, CNA ceded approximately $1.6 billion of net A&EP claim and allocated claim adjustment expense reserves to NICO under a retroactive reinsurance agreement with an aggregate limit of $4.0 billion. The $1.6 billion of claim and allocated claim adjustment expense reserves ceded to NICO was net of $1.2 billion of ceded claim and allocated claim adjustment expense reserves under existing third party reinsurance contracts. The NICO LPT aggregate reinsurance limit also covers credit risk on the existing third party reinsurance related to these liabilities. CNA paid NICO a reinsurance premium of $2.0 billion and transferred to NICO billed third party reinsurance receivables related to A&EP claims with a net book value of $215 million, resulting in total consideration of $2.2 billion.
In years subsequent to the effective date of the LPT, CNA recognized adverse prior year development on its A&EP reserves resulting in additional amounts ceded under the LPT. As a result, the cumulative amounts ceded under the LPT have exceeded the $2.2 billion consideration paid, resulting in the NICO LPT moving into a gain position, requiring retroactive reinsurance accounting. Under retroactive reinsurance accounting, this gain is deferred and only recognized in earnings in proportion to actual paid recoveries under the LPT. Over the life of the contract, there is no economic impact as long as any additional losses incurred are within the limit of the LPT. In a period in which CNA recognizes a change in the estimate of A&EP reserves that increases or decreases the amounts ceded under the LPT, the proportion of actual paid recoveries to total ceded losses is affected and the change in the deferred gain is recognized in earnings as if the revised estimate of ceded losses was available at the effective date of the LPT. The effect of the deferred retroactive reinsurance benefit is recorded in Insurance claims and policyholders’ benefits on the Consolidated Condensed Statements of Income.
The following table presents the impact of the loss portfolio transfer on the Consolidated Condensed Statements of Income.
                                 
 
Three Months Ended
June 30,
 
 
Six Months Ended
June 30,
 
 
2019
 
 
2018
 
 
2019
 
 
2018
 
(In millions)
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
Additional amounts ceded under LPT:
 
 
 
 
 
 
 
 
 
 
 
 
Net A&EP adverse development before consideration of LPT
 
  
  
 
 
  
  
 
 
  
           
 
 
$
113
 
Provision for uncollectible third-party reinsurance on A&EP
 
 
 
 
 
 
 
 
 
 
 
 
(16
)
Total additional amounts ceded under LPT
 
$
-    
 
 
$
-    
 
 
$
-  
  
 
 
 
97
 
Retroactive reinsurance benefit recognized
 
 
(14
) 
 
 
(15
)
 
 
(36
)
 
 
 
(72
)
Pretax impact of deferred retroactive reinsurance
 
$
(14
) 
 
$
(15
)
 
$
(36
)
 
$
25
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CNA intends to complete its annual A&EP reserve review in the fourth quarter of 2019 and maintain this timing for all future annual A&EP reserve reviews. CNA completed A&EP reserve reviews in both the first and fourth quarters of 2018. Based upon CNA’s 2018 first quarter A&EP reserve review, net unfavorable prior year development of $113 million was recognized before consideration of cessions to the LPT for the six months ended June 30, 2018. The 2018 unfavorable development was driven by higher than anticipated defense costs on direct asbestos and environmental accounts and paid losses on assumed reinsurance exposures. Additionally, in 2018, CNA released a portion of its provision for uncollectible third party reinsurance.
As of June 30, 2019 and December 31, 2018, the cumulative amounts ceded under the LPT were $
3.1
 billion. The unrecognized deferred retroactive reinsurance benefit was $
338
 million and $374 million as of June 30, 2019 and December 31, 2018 and is included within Other liabilities on the Consolidated Condensed Balance Sheets.
NICO established a collateral trust account as security for its obligations to CNA. The fair value of the collateral trust account was $
3.1
 billion and $2.7 billion as of June 30, 2019 and December 31, 2018. In addition, Berkshire Hathaway Inc. guaranteed the payment obligations of NICO up to the aggregate reinsurance limit as well as certain of NICO’s performance obligations under the trust agreement. NICO is responsible for claims handling and billing and collection from third-party reinsurers related to the majority of CNA’s A&EP claims.