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Investments
9 Months Ended
Sep. 30, 2023
Investments, Debt and Equity Securities [Abstract]  
Investments Investments
Available-for-sale fixed maturities at September 30, 2023 and December 31, 2022 included the following:
September 30, 2023
(In thousands)Amortized
Cost
Allowance for Expected Credit LossesGross Unrealized GainsGross Unrealized LossesEstimated Fair Value
Fixed maturities, available-for-sale
U.S. Treasury obligations$261,067 $ $ $23,239 $237,828 
U.S. Government-sponsored enterprise obligations20,354   1,483 18,871 
State and municipal bonds480,277  49 44,058 436,268 
Corporate debt1,864,148  598 200,768 1,663,978 
Residential mortgage-backed securities470,066 216 333 73,236 396,947 
Agency commercial mortgage-backed securities9,768   1,116 8,652 
Other commercial mortgage-backed securities210,104 151 25 24,169 185,809 
Other asset-backed securities426,450 193 243 19,541 406,959 
$3,742,234 $560 $1,248 $387,610 $3,355,312 
 December 31, 2022
(In thousands)Amortized
Cost
Allowance for Expected Credit LossesGross Unrealized GainsGross Unrealized LossesEstimated Fair Value
Fixed maturities, available-for-sale
U.S. Treasury obligations$243,999 $— $$22,399 $221,608 
U.S. Government-sponsored enterprise obligations21,562 — — 1,628 19,934 
State and municipal bonds483,584 — 177 44,311 439,450 
Corporate debt1,980,579 — 735 199,862 1,781,452 
Residential mortgage-backed securities450,870 229 555 61,656 389,540 
Agency commercial mortgage-backed securities10,576 — — 872 9,704 
Other commercial mortgage-backed securities217,021 — 63 22,994 194,090 
Other asset-backed securities444,220 198 289 27,617 416,694 
$3,852,411 $427 $1,827 $381,339 $3,472,472 
The recorded cost basis and estimated fair value of available-for-sale fixed maturities at September 30, 2023, by contractual maturity, are shown below. Actual maturities may differ from contractual maturities because borrowers may have the right to call or prepay obligations with or without call or prepayment penalties.
(In thousands)Amortized
Cost
Due in one
year or less
Due after
one year
through
five years
Due after
five years
through
ten years
Due after
ten years
Total Fair
Value
Fixed maturities, available-for-sale
U.S. Treasury obligations$261,067 $35,570 $166,215 $33,643 $2,400 $237,828 
U.S. Government-sponsored enterprise obligations20,354 5,186 13,199 486  18,871 
State and municipal bonds480,277 36,817 150,101 140,152 109,198 436,268 
Corporate debt1,864,148 216,641 830,290 534,892 82,155 1,663,978 
Residential mortgage-backed securities470,066 396,947 
Agency commercial mortgage-backed securities9,768 8,652 
Other commercial mortgage-backed securities210,104 185,809 
Other asset-backed securities426,450 406,959 
$3,742,234 $3,355,312 
Excluding obligations of the U.S. Government, U.S. Government-sponsored enterprises and a U.S. Government obligations money market fund, no investment in any entity or its affiliates exceeded 10% of shareholders’ equity at September 30, 2023.
Cash and securities with a carrying value of $53.7 million at September 30, 2023 were on deposit with various state insurance departments to meet regulatory requirements. ProAssurance also held securities with a carrying value of $69.2 million at September 30, 2023 that are pledged as collateral security for advances under the Company's borrowing relationships with FHLBs.
As a member of Lloyd's, ProAssurance is required to maintain capital at Lloyd's, referred to as FAL, to support underwriting by Syndicate 1729. At September 30, 2023, ProAssurance's FAL investments were comprised of investment securities, primarily available-for-sale fixed maturities, with a fair value of $19.6 million on deposit with Lloyd's in order to satisfy these FAL requirements. During the second quarter of 2023, ProAssurance received a return of approximately $4.1 million of cash from its FAL balances related to the settlement of the Company's participation in the results of Syndicate 1729 and Syndicate 6121 for the 2020 underwriting year.
Investments Held in a Loss Position
The following tables provide summarized information with respect to investments held in an unrealized loss position at September 30, 2023 and December 31, 2022, including the length of time the investment had been held in a continuous unrealized loss position.
September 30, 2023
 TotalLess than 12 months12 months or longer
 FairUnrealizedFairUnrealizedFairUnrealized
(In thousands)ValueLossValueLossValueLoss
Fixed maturities, available-for-sale
U.S. Treasury obligations$237,828 $23,239 $53,724 $2,863 $184,104 $20,376 
U.S. Government-sponsored enterprise obligations18,871 1,483 4,311 352 14,560 1,131 
State and municipal bonds417,930 44,058 84,695 4,940 333,235 39,118 
Corporate debt1,600,097 200,768 186,646 12,441 1,413,451 188,327 
Residential mortgage-backed securities370,223 73,236 140,460 17,086 229,763 56,150 
Agency commercial mortgage-backed securities8,652 1,116 821 29 7,831 1,087 
Other commercial mortgage-backed securities183,434 24,169 20,378 1,836 163,056 22,333 
Other asset-backed securities384,747 19,541 82,866 1,319 301,881 18,222 
$3,221,782 $387,610 $573,901 $40,866 $2,647,881 $346,744 

December 31, 2022
 TotalLess than 12 months12 months or longer
 FairUnrealizedFairUnrealizedFairUnrealized
(In thousands)ValueLossValueLossValueLoss
Fixed maturities, available-for-sale
U.S. Treasury obligations$220,991 $22,399 $53,199 $2,393 $167,792 $20,006 
U.S. Government-sponsored enterprise obligations19,934 1,628 8,082 663 11,852 965 
State and municipal bonds421,769 44,311 177,393 12,352 244,376 31,959 
Corporate debt1,708,529 199,862 687,947 42,977 1,020,582 156,885 
Residential mortgage-backed securities363,945 61,656 155,212 15,275 208,733 46,381 
Agency commercial mortgage-backed securities9,704 872 3,086 110 6,618 762 
Other commercial mortgage-backed securities192,359 22,994 53,270 4,087 139,089 18,907 
Other asset-backed securities396,452 27,617 162,192 7,050 234,260 20,567 
$3,333,683 $381,339 $1,300,381 $84,907 $2,033,302 $296,432 
As of September 30, 2023, excluding U.S. Government or U.S. Government-sponsored enterprise obligations, there were 2,829 debt securities (73.3% of all available-for-sale fixed maturity securities held) in an unrealized loss position representing 1,396 issuers. The greatest and second greatest unrealized loss positions among those securities were approximately $6.0 million and $4.1 million, respectively. The securities were evaluated for impairment as of September 30, 2023.
As of December 31, 2022, excluding U.S. Government or U.S. Government-sponsored enterprise obligations, there were 2,901 debt securities (74.4% of all available-for-sale fixed maturity securities held) in an unrealized loss position representing 1,433 issuers. The greatest and second greatest unrealized loss positions among those securities were approximately $5.7 million and $4.1 million, respectively. The securities were evaluated for impairment as of December 31, 2022.
Each quarter, ProAssurance performs a detailed analysis for the purpose of assessing whether any of the securities it holds in an unrealized loss position has suffered an impairment due to credit or non-credit factors. A detailed discussion of the factors considered in the assessment is included in Note 1 of the Notes to Consolidated Financial Statements in ProAssurance's December 31, 2022 report on Form 10-K.
Fixed maturity securities held in an unrealized loss position at September 30, 2023, excluding asset-backed securities, have paid all scheduled contractual payments and are expected to continue. Expected future cash flows of asset-backed securities, excluding those issued by GNMA, FNMA and FHLMC, held in an unrealized loss position were estimated as part of the September 30, 2023 impairment evaluation using the most recently available six-month historical performance data for the collateral (loans) underlying the security or, if historical data was not available, sector based assumptions, and equaled or exceeded the current amortized cost basis of the security.
The following tables present a roll forward of the allowance for expected credit losses on available-for-sale fixed maturities for the three and nine months ended September 30, 2023 and 2022.
Three Months Ended September 30, 2023
(In thousands)Residential mortgage-backed securitiesOther commercial mortgage-backed securitiesOther asset-backed securitiesTotal
Balance, at July 1, 2023$223 $ $196 $419 
Additional credit losses related to securities for which:
No allowance for credit losses has been previously recognized 151 — 151 
Reductions related to:
Securities sold during the period(7) (3)(10)
Balance, at September 30, 2023$216 $151 $193 $560 
Nine Months Ended September 30, 2023
(In thousands)Residential mortgage-backed securitiesOther commercial mortgage-backed securitiesOther asset-backed securitiesTotal
Balance, at December 31, 2022$229 $ $198 $427 
Additional credit losses related to securities for which:
No allowance for credit losses has been previously recognized 151  151 
Reductions related to:
Securities sold during the period(13) (5)(18)
Balance, at September 30, 2023$216 $151 $193 $560 
Three Months Ended September 30, 2022
(In thousands)Corporate DebtTotal
Balance, at July 1, 2022$553 $553 
Additional credit losses related to securities for which:
No allowance for credit losses has been previously recognized— — 
Balance, at September 30, 2022$553 $553 
Nine Months Ended September 30, 2022
(In thousands)Corporate DebtTotal
Balance, at December 31, 2021$— $— 
Reductions related to:
Securities sold during the period553 553 
Balance, at September 30, 2022$553 $553 
Other information regarding sales and purchases of fixed maturity available-for-sale securities is as follows:
Three Months Ended September 30Nine Months Ended September 30
(In millions)2023202220232022
Proceeds from sales (exclusive of maturities and paydowns)$8.0 $8.9 $31.4 $111.2 
Purchases$127.3 $145.4 $261.5 $486.1 
Net Investment Income
Net investment income (loss) by investment category was as follows:
Three Months Ended
September 30
Nine Months Ended
September 30
(In thousands)2023202220232022
Fixed maturities$28,402 $23,725 $83,680 $67,275 
Equities1,158 846 3,070 2,514 
Short-term investments, including Other4,473 1,812 11,857 2,965 
BOLI668 421 1,784 635 
Investment fees and expenses(1,947)(2,059)(5,677)(6,257)
Net investment income$32,754 $24,745 $94,714 $67,132 
Investment in Unconsolidated Subsidiaries
ProAssurance's investment in unconsolidated subsidiaries were as follows:
 September 30, 2023Carrying Value
(In thousands)Percentage
Ownership
September 30,
2023
December 31,
2022
Qualified affordable housing project tax credit partnershipsSee below$787 $4,088 
All other investments, primarily investment fund LPs/LLCs
See below296,527 301,122 
$297,314 $305,210 
Qualified affordable housing project tax credit partnership interests held by ProAssurance generate investment returns by providing tax benefits to fund investors in the form of tax credits and project operating losses. The carrying value of these investments reflects ProAssurance's total commitments (both funded and unfunded) to the partnerships, less any amortization. At September 30, 2023 and December 31, 2022, ProAssurance did not have an ownership percentage greater than 20% in any tax credit partnership interests. ProAssurance's ownership percentage relative to the tax credit partnership interests is less than 20%; these interests had a carrying value of $0.8 million at September 30, 2023 and $4.1 million at December 31, 2022. Since ProAssurance has the ability to exert influence over the partnerships but does not control them, all are accounted for using the equity method. See further discussion of the entities in which ProAssurance holds passive interests in Note 11.
ProAssurance holds interests in investment fund LPs/LLCs and other equity method investments and LPs/LLCs which are not considered to be investment funds. ProAssurance's ownership percentage relative to four and three of the LPs/LLCs is greater than 25% at September 30, 2023 and December 31, 2022, respectively, which is likely to be reduced as the funds mature and other investors participate in the funds; these investments had a carrying value of $45.0 million at September 30, 2023 and $36.0 million at December 31, 2022. ProAssurance's ownership percentage relative to the remaining investments and LPs/LLCs is less than 25%; these interests had a carrying value of $251.5 million at September 30, 2023 and $265.1 million at December 31, 2022. ProAssurance does not have the ability to exert control over any of these funds.
Equity in Earnings (Loss) of Unconsolidated Subsidiaries
Equity in earnings (loss) of unconsolidated subsidiaries included losses from qualified affordable housing project tax credit partnerships and a historic tax credit partnership. Investment results recorded reflect ProAssurance's allocable portion of partnership operating results. Tax credits reduce income tax expense in the period they are utilized. The results recorded and tax credits recognized related to ProAssurance's tax credit partnership investments were as follows:
Three Months Ended
September 30
Nine Months Ended
September 30
(In thousands)2023202220232022
Qualified affordable housing project tax credit partnerships
Losses recorded$429 $2,164 $2,294 $7,360 
Tax credits recognized$401 $1,201 $473 $3,604 
Historic tax credit partnership*
Losses (gains) recorded$ $— $ $(961)
*ProAssurance holds a historic tax credit partnership which was fully amortized in 2020. This partnership generated investment returns by providing benefits to partnership investors in the form of tax credits, tax deductible project operating losses and distributions resulting from positive cash flows. ProAssurance received a distribution associated with this investment during the second quarter of 2022 as a result of positive cash flows from a completed project, which was recognized as an operating gain during the second quarter of 2022.
Due to the consolidated loss before income taxes recognized during the three and nine months ended September 30, 2023, the tax credits generated in 2023 from tax credit partnership investments of $0.4 million and $0.5 million, respectively, were deferred and are expected to be utilized in future periods. For the three and nine months ended September 30, 2022, the tax credits generated from the Company's tax credit partnership investments of $1.2 million and $3.6 million, respectively, were deferred and are expected to be utilized in future periods. Not included in the table above is $2.2 million of tax credits recaptured from the 2019 tax year during the nine months ended September 30, 2023 due to the carryback of the Company's estimated NOL for 2023 to the 2021 tax year. The recaptured tax credits were earned in 2019 but not utilized until 2021 due to NOL's generated in both 2019 and 2020. As of September 30, 2023, the Company had approximately $53.4 million of available tax credit carryforwards generated from its investments in tax credit partnerships which they expect to utilize in future periods.
Tax credits provided by the underlying projects of the Company's historic tax credit partnership are typically available in the tax year in which the project is put into active service, whereas the tax credits provided by qualified affordable housing project tax credit partnerships are provided over approximately a ten-year period.
Net Investment Gains (Losses)
Realized investment gains and losses are recognized on the first-in, first-out basis. The following table provides detailed information regarding net investment gains (losses):
Three Months Ended
September 30
Nine Months Ended
September 30
(In thousands)2023202220232022
Total impairment losses:
Corporate debt$ $— $(2,984)$(972)
Asset-backed securities(141)— (133)— 
Portion of impairment losses recognized in other comprehensive income before taxes:
Corporate debt —  419 
Net impairment losses recognized in earnings
(141)— (3,117)(553)
Gross realized gains, available-for-sale fixed maturities254 142 793 1,594 
Gross realized (losses), available-for-sale fixed maturities(285)(57)(1,509)(2,146)
Net realized gains (losses), trading fixed maturities5 (30)(101)(127)
Net realized gains (losses), equity investments154 — 254 (5,346)
Net realized gains (losses), other investments(683)209 (2,570)99 
Change in unrealized holding gains (losses), trading fixed maturities (71)(100)81 (881)
Change in unrealized holding gains (losses), equity investments(4,578)(6,655)(1,962)(24,063)
Change in unrealized holding gains (losses), convertible securities, carried at fair value (588)(1,443)3,473 (14,502)
Other(1)
3,231 (328)7,814 273 
Net investment gains (losses)$(2,702)$(8,262)$3,156 $(45,652)
(1) Includes gains of $1.5 million and $4.5 million recognized during the 2023 three- and nine-month periods, respectively, reflecting the change in the fair value of contingent consideration issued in connection with the NORCAL acquisition. See further discussion on the contingent consideration in Note 2 and discussion on the Company's accounting policy in Note 1 in its December 31, 2022 report on Form 10-K.
For the three and nine months ended September 30, 2023, ProAssurance recognized a nominal amount and $3.1 million of credit-related impairment losses in earnings, respectively. The credit-related impairment losses recognized during the three and nine months ended September 30, 2023 related to a mortgage-backed security and, for the 2023 nine-month period, two corporate bonds in the financial sector. The Company did not recognize any non-credit impairment losses in OCI during the three and nine months ended September 30, 2023. ProAssurance did not recognize any credit-related impairment losses in earnings or non-credit impairment losses in OCI during the three months ended September 30, 2022. For the nine months ended September 30, 2022, ProAssurance recognized credit-related impairment losses in earnings of $0.6 million and non-credit impairment losses in OCI of $0.4 million. The credit-related impairment losses and non-credit related impairment losses recognized during the nine months ended September 30, 2022 related to a corporate bond in the consumer sector.
The following table presents a roll forward of cumulative losses recorded in earning related to impaired debt securities for which a portion of the impairment was recorded in OCI.
Three Months Ended
September 30
Nine Months Ended
September 30
(In thousands)2023202220232022
Balance beginning of period$57 $553 $57 $— 
Additional credit losses recognized during the period, related to securities for which:
No impairment has been previously recognized —  553 
Balance June 30$57 $553 $57 $553