Commitments and Contingencies

12 Months Ended

Dec. 31, 2019

Commitments and Contingencies Disclosure [Abstract]

13.

COMMITMENTS AND CONTINGENCIES

We are a defendant in various litigation matters arising in the ordinary course of business, some of which involve claims for damages that are substantial in amount. Many of these litigation matters are covered by insurance (including insurance provided through a consolidated captive insurance company as further discussed below), but they may nevertheless be subject to large deductibles and the amounts being claimed may exceed the available insurance. Although we cannot determine the ultimate liability for these matters, based upon information currently available, we believe the ultimate resolution of such claims and litigation will not have a material adverse effect on our financial position, results of operations or liquidity.

In order to better manage our global insurance program and support our risk management efforts, we supplement our traditional insurance coverage for certain types of claims by using a wholly-owned captive insurance company. The level of risk retained by our captive insurance company, with respect to professional indemnity claims, is up to $2.5 million per claim, inclusive of the deductible. We contract third-party insurance companies to provide coverage of risk in excess of this amount. When a potential loss event occurs, we estimate the ultimate cost of the claim and accrue the amount in Other current and long-term liabilities on the Consolidated Balance Sheets when probable and estimable. In addition, we have established receivables from third-party insurance providers for claim amounts in excess of the risk retained by our captive insurance company. In total, these receivables were $37.7 million and $40.6 million as of December 31, 2019 and 2018, respectively, and are included in Notes and other receivables and Long-term receivables on the Consolidated Balance Sheets.

The following table shows the professional indemnity accrual activity and related payments.



($ in millions)
December 31, 2016	$	7.3
New claims	21.0
Prior year claims adjustments	1.4
Claims paid	(3.0		)
December 31, 2017	26.7
New claims	3.5
Prior year claims adjustments	20.5
Claims paid	(7.6		)
December 31, 2018	43.1
New claims	0.1
Prior year claims adjustments	(2.9		)
Claims paid	(2.2		)
December 31, 2019	$	38.1

As a lender in the Fannie Mae DUS program, we retain a portion of the risk of loss for loans we originate and sell under the DUS program. Net losses on defaulted loans are shared with Fannie Mae based upon established loss-sharing ratios. Generally, our share of losses is capped at 20% of the principal balance of the mortgage at origination. As of December 31, 2019 and 2018, we had loans, funded and sold, subject to loss-sharing arrangements with an aggregate unpaid principal balance of $9.7 billion and $8.4 billion, respectively.

For all DUS program loans with loss-sharing obligations, we record a liability equal to the estimated fair value of the guarantee obligations undertaken upon sale of the loan, which reduces our gain on sale of the loan. Subsequently, this liability is amortized over the estimated life of the loan and recorded as an increase in Revenue on the Statements of Comprehensive Income. Quarterly, we perform an analysis of the servicing portfolio with loss-sharing obligations to determine estimated probable losses. If estimated probable losses exceed the existing unamortized guarantee obligation, we record an expense to increase the loan loss accrual for this difference. As of December 31, 2019 and 2018, loan loss accruals were $20.6 million and $17.5 million, respectively, and are included in Other liabilities on the Consolidated Balance Sheets. There were no loan losses incurred for the years ended December 31, 2019, 2018 and 2017.