| Investments |
Investments The original or amortized cost, estimated fair value and gross unrealized gains and losses of fixed maturities at June 30, 2019 and December 31, 2018 are as follows: | | | | | | | | | | | | | | | | | | June 30, 2019 | | Original or amortized cost | | Gross unrealized gains | | Gross unrealized losses | | Fair value | AFS fixed maturities: | | | | | | | | | U.S. treasury bonds | | $ | 365,953 |
| | $ | 1,153 |
| | $ | (3 | ) | | $ | 367,103 |
| U.S. agency bonds – mortgage-backed | | 950,301 |
| | 9,299 |
| | (3,203 | ) | | 956,397 |
| U.S. agency bonds – other | | 51,875 |
| | 4 |
| | (1 | ) | | 51,878 |
| Non-U.S. government and supranational bonds | | 29,321 |
| | 313 |
| | (298 | ) | | 29,336 |
| Asset-backed securities | | 220,938 |
| | 681 |
| | (553 | ) | | 221,066 |
| Corporate bonds | | 1,310,870 |
| | 37,115 |
| | (15,258 | ) | | 1,332,727 |
| Municipal bonds | | 12,949 |
| | 142 |
| | — |
| | 13,091 |
| Total fixed maturity investments | | $ | 2,942,207 |
| | $ | 48,707 |
| | $ | (19,316 | ) | | $ | 2,971,598 |
|
| | | | | | | | | | | | | | | | | | December 31, 2018 | | Original or amortized cost | | Gross unrealized gains | | Gross unrealized losses | | Fair value | AFS fixed maturities: | | | | | | | | | U.S. treasury bonds | | $ | 138,625 |
| | $ | 448 |
| | $ | (1 | ) | | $ | 139,072 |
| U.S. agency bonds – mortgage-backed | | 1,485,716 |
| | 3,491 |
| | (36,073 | ) | | 1,453,134 |
| U.S. agency bonds – other | | 129,741 |
| | 40 |
| | (548 | ) | | 129,233 |
| Non-U.S. government and supranational bonds | | 11,212 |
| | 66 |
| | (1,206 | ) | | 10,072 |
| Asset-backed securities | | 216,072 |
| | 425 |
| | (1,415 | ) | | 215,082 |
| Corporate bonds | | 1,128,614 |
| | 6,525 |
| | (30,164 | ) | | 1,104,975 |
| Total AFS fixed maturities | | 3,109,980 |
| | 10,995 |
| | (69,407 | ) | | 3,051,568 |
| HTM fixed maturities: | | | | | | | | | Corporate bonds | | 957,845 |
| | 3,872 |
| | (20,990 | ) | | 940,727 |
| Municipal bonds | | 57,836 |
| | — |
| | (551 | ) | | 57,285 |
| Total HTM fixed maturities | | 1,015,681 |
| | 3,872 |
| | (21,541 | ) | | 998,012 |
| Total fixed maturity investments | | $ | 4,125,661 |
| | $ | 14,867 |
| | $ | (90,948 | ) | | $ | 4,049,580 |
|
4. Investments (continued) The Company has historically classified its fixed maturity investments as either AFS or held-to-maturity ("HTM"). The AFS portfolio is reported at fair value. The HTM portfolio at December 31, 2018 included securities for which we had the ability and intent to hold to maturity or redemption and was reported at amortized cost. When a security transferred from AFS to HTM, the fair value at the time of transfer, adjusted for subsequent amortization, becomes the security's amortized cost. When a security transferred from HTM to AFS, the security’s amortized cost basis carries over to the AFS category for the subsequent amortization of the historical premium or discount, comparisons of fair value and amortized cost for the purpose of determining unrealized holding gains and losses and required disclosures of amortized cost. The difference between the security’s amortized cost and fair value at the date of transfer into the AFS portfolio will be recognized as an unrealized gain or loss and recorded in accumulated other comprehensive income ("AOCI"). Due to the termination of both AmTrust Reinsurance quota share contracts effective January 1, 2019, the Company no longer believes that it has the positive ability to hold the securities in the HTM portfolio to maturity since this portfolio serves as part of the collateral for the AmTrust Reinsurance segment loss reserves. Therefore, the Company has reclassified and transferred all HTM securities to the AFS portfolio at their fair market value as at March 31, 2019. The carrying value of the HTM securities at the time of transfer was $1,011,878 and the related unrealized gains of $14,230 have been reported in the fair value of the AFS securities as well as reported as a component of AOCI as at March 31, 2019. The contractual maturities of our fixed maturities 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. | | | | | | | | | | June 30, 2019 | | Amortized cost | | Fair value | Maturity | | | | | Due in one year or less | | $ | 403,428 |
| | $ | 402,136 |
| Due after one year through five years | | 791,633 |
| | 798,539 |
| Due after five years through ten years | | 575,907 |
| | 593,460 |
| | | 1,770,968 |
| | 1,794,135 |
| U.S. agency bonds – mortgage-backed | | 950,301 |
| | 956,397 |
| Asset-backed securities | | 220,938 |
| | 221,066 |
| Total fixed maturities | | $ | 2,942,207 |
| | $ | 2,971,598 |
|
The following tables summarize fixed maturities in an unrealized loss position and the aggregate fair value and gross unrealized loss by length of time the security has continuously been in an unrealized loss position: | | | | | | | | | | | | | | | | | | | | | | | | | | | | Less than 12 Months | | 12 Months or More | | Total | June 30, 2019 | | Fair value | | Unrealized losses | | Fair value | | Unrealized losses | | Fair value | | Unrealized losses | Fixed maturities | | | | | | | | | | | | | U.S. treasury bonds | | $ | 249,954 |
| | $ | (3 | ) | | $ | — |
| | $ | — |
| | $ | 249,954 |
| | $ | (3 | ) | U.S. agency bonds – mortgage-backed | | 10,461 |
| | (52 | ) | | 281,302 |
| | (3,151 | ) | | 291,763 |
| | (3,203 | ) | U.S. agency bonds – other | | 49,988 |
| | (1 | ) | | — |
| | — |
| | 49,988 |
| | (1 | ) | Non-U.S. government and supranational bonds | | 14,126 |
| | (181 | ) | | 7,789 |
| | (117 | ) | | 21,915 |
| | (298 | ) | Asset-backed securities | | 83,560 |
| | (419 | ) | | 9,266 |
| | (134 | ) | | 92,826 |
| | (553 | ) | Corporate bonds | | 26,221 |
| | (530 | ) | | 214,237 |
| | (14,728 | ) | | 240,458 |
| | (15,258 | ) | Total temporarily impaired fixed maturities | | $ | 434,310 |
| | $ | (1,186 | ) | | $ | 512,594 |
| | $ | (18,130 | ) | | $ | 946,904 |
| | $ | (19,316 | ) |
4. Investments (continued) At June 30, 2019, there were approximately 131 securities in an unrealized loss position with a fair value of $946,904 and unrealized losses of $19,316. Of these securities, there were 84 securities that have been in an unrealized loss position for 12 months or greater with a fair value of $512,594 and unrealized losses of $18,130. | | | | | | | | | | | | | | | | | | | | | | | | | | | | Less than 12 Months | | 12 Months or More | | Total | December 31, 2018 | | Fair value | | Unrealized losses | | Fair value | | Unrealized losses | | Fair value | | Unrealized losses | Fixed maturities | | | | | | | | | | | | | U.S. treasury bonds | | $ | 125 |
| | $ | (1 | ) | | $ | — |
| | $ | — |
| | $ | 125 |
| | $ | (1 | ) | U.S. agency bonds – mortgage-backed | | 416,147 |
| | (6,624 | ) | | 838,091 |
| | (29,449 | ) | | 1,254,238 |
| | (36,073 | ) | U.S. agency bonds – other | | 26,838 |
| | (27 | ) | | 17,462 |
| | (521 | ) | | 44,300 |
| | (548 | ) | Non-U.S. government and supranational bonds | | 4,024 |
| | (252 | ) | | 3,770 |
| | (954 | ) | | 7,794 |
| | (1,206 | ) | Asset-backed securities | | 74,801 |
| | (1,196 | ) | | 5,793 |
| | (219 | ) | | 80,594 |
| | (1,415 | ) | Corporate bonds | | 1,052,765 |
| | (30,334 | ) | | 286,542 |
| | (20,820 | ) | | 1,339,307 |
| | (51,154 | ) | Municipal bonds | | 20,379 |
| | (261 | ) | | 36,906 |
| | (290 | ) | | 57,285 |
| | (551 | ) | Total temporarily impaired fixed maturities | | $ | 1,595,079 |
| | $ | (38,695 | ) | | $ | 1,188,564 |
| | $ | (52,253 | ) | | $ | 2,783,643 |
| | $ | (90,948 | ) |
At December 31, 2018, there were approximately 348 securities in an unrealized loss position with a fair value of $2,783,643 and unrealized losses of $90,948. Of these securities, there were 103 securities that have been in an unrealized loss position for 12 months or greater with a fair value of $1,188,564 and unrealized losses of $52,253. Other-than-temporarily impaired ("OTTI") The Company performs quarterly reviews of its fixed maturities in order to determine whether declines in fair value below the amortized cost basis were considered other-than-temporary in accordance with applicable guidance. At June 30, 2019, we have determined that the unrealized losses on fixed maturities were primarily due to interest rates rising as well as the impact of foreign exchange rate changes on certain foreign currency denominated AFS fixed maturities since their date of purchase. All fixed maturity securities in the investment portfolio continue to pay the expected coupon payments under the contractual terms of the securities. Any credit-related impairment related to fixed maturity securities that the Company does not plan to sell and for which the Company is not more likely than not to be required to sell is recognized in net earnings, with the non-credit related impairment recognized in comprehensive earnings. Based on our analysis, our fixed maturity portfolio is of high credit quality and we believe we will recover the amortized cost basis of our fixed maturity securities. We continually monitor the credit quality of our fixed maturity investments to assess if it is probable that we will receive our contractual or estimated cash flows in the form of principal and interest. Therefore, there were no OTTI losses recognized in earnings on the fixed maturity portfolio in the three and six months ended June 30, 2019 and June 30, 2018, respectively. The following summarizes the credit ratings of our fixed maturities: | | | | | | | | | | | | | Ratings(1) at June 30, 2019 | | Amortized cost | | Fair value | | % of Total fair value | U.S. treasury bonds | | $ | 365,953 |
| | $ | 367,103 |
| | 12.4 | % | U.S. agency bonds | | 1,002,176 |
| | 1,008,275 |
| | 33.9 | % | AAA | | 117,628 |
| | 117,891 |
| | 4.0 | % | AA+, AA, AA- | | 154,929 |
| | 156,037 |
| | 5.2 | % | A+, A, A- | | 784,152 |
| | 800,009 |
| | 26.9 | % | BBB+, BBB, BBB- | | 491,469 |
| | 496,589 |
| | 16.7 | % | BB+ or lower | | 25,900 |
| | 25,694 |
| | 0.9 | % | Total fixed maturities | | $ | 2,942,207 |
| | $ | 2,971,598 |
| | 100.0 | % |
4. Investments (continued) | | | | | | | | | | | | | Ratings(1) at December 31, 2018 | | Amortized cost | | Fair value | | % of Total fair value | U.S. treasury bonds | | $ | 138,625 |
| | $ | 139,072 |
| | 3.4 | % | U.S. agency bonds | | 1,615,457 |
| | 1,582,367 |
| | 39.1 | % | AAA | | 137,172 |
| | 135,119 |
| | 3.3 | % | AA+, AA, AA- | | 183,142 |
| | 178,674 |
| | 4.4 | % | A+, A, A- | | 1,132,993 |
| | 1,113,710 |
| | 27.5 | % | BBB+, BBB, BBB- | | 866,043 |
| | 848,348 |
| | 21.0 | % | BB+ or lower | | 52,229 |
| | 52,290 |
| | 1.3 | % | Total fixed maturities | | $ | 4,125,661 |
| | $ | 4,049,580 |
| | 100.0 | % |
| | (1) | Based on Standard & Poor’s ("S&P"), or equivalent, ratings |
The table below shows our portfolio of other investments: | | | | | | | | | | | | | | | | | | June 30, 2019 | | December 31, 2018 | | | Fair value | | % of Total fair value | | Fair value | | % of Total fair value | Investment in limited partnerships | | $ | 3,258 |
| | 11.5 | % | | $ | 3,833 |
| | 16.2 | % | Investment in special purpose vehicles focused on lending activities | | 23,373 |
| | 82.2 | % | | 18,383 |
| | 77.5 | % | Other | | 1,800 |
| | 6.3 | % | | 1,500 |
| | 6.3 | % | Total other investments | | $ | 28,431 |
| | 100.0 | % | | $ | 23,716 |
| | 100.0 | % |
The Company has a remaining unfunded commitment on its investment in limited partnerships of approximately $340 at June 30, 2019 (December 31, 2018 - $414). The Company also has a remaining unfunded commitment on its investment in special purpose vehicles focused on lending activities of approximately $3,516 at June 30, 2019 (December 31, 2018 - $7,359). Net investment income was derived from the following sources: | | | | | | | | | | | | | | | | | | | | For the Three Months Ended June 30, | | For the Six Months Ended June 30, | | | 2019 | | 2018 | | 2019 | | 2018 | Fixed maturities | | $ | 23,522 |
| | $ | 32,914 |
| | $ | 49,742 |
| | $ | 65,042 |
| Funds withheld interest | | 5,169 |
| | 54 |
| | 9,706 |
| | 113 |
| Loan to related party | | 1,842 |
| | 1,565 |
| | 3,664 |
| | 2,993 |
| Cash and cash equivalents and other | | 1,316 |
| | 800 |
| | 1,591 |
| | 1,168 |
| | | 31,849 |
| | 35,333 |
| | 64,703 |
| | 69,316 |
| Investment expenses | | (727 | ) | | (1,073 | ) | | (1,559 | ) | | (2,187 | ) | Net investment income | | $ | 31,122 |
| | $ | 34,260 |
| | $ | 63,144 |
| | $ | 67,129 |
|
4. Investments (continued) | | d) | Realized Gains (Losses) on Investment |
Realized gains or losses on the sale of investments are determined on the basis of the first in first out cost method. The following provides an analysis of net realized gains (losses) on investment included in the Condensed Consolidated Statements of Income: | | | | | | | | | | | | | | For the Three Months Ended June 30, 2019 | | Gross gains | | Gross losses | | Net | AFS fixed maturities | | $ | 25,436 |
| | $ | (1,501 | ) | | $ | 23,935 |
| Other investments | | 151 |
| | — |
| | 151 |
| Net realized gains (losses) on investment | | $ | 25,587 |
| | $ | (1,501 | ) | | $ | 24,086 |
| | | | | | | | For the Three Months Ended June 30, 2018 | | Gross gains | | Gross losses | | Net | AFS fixed maturities | | $ | 2,287 |
| | $ | (2,921 | ) | | $ | (634 | ) | Other investments | | 220 |
| | — |
| | 220 |
| Net realized gains (losses) on investment | | $ | 2,507 |
| | $ | (2,921 | ) | | $ | (414 | ) | | | | | | | | For the Six Months Ended June 30, 2019 | | Gross gains | | Gross losses | | Net | AFS fixed maturities | | $ | 27,860 |
| | $ | (14,881 | ) | | $ | 12,979 |
| Other investments | | 151 |
| | (145 | ) | | 6 |
| Net realized gains (losses) on investment | | $ | 28,011 |
| | $ | (15,026 | ) | | $ | 12,985 |
| | | | | | | | For the Six Months Ended June 30, 2018 | | Gross gains | | Gross losses | | Net | AFS fixed maturities | | $ | 2,939 |
| | $ | (4,698 | ) | | $ | (1,759 | ) | Other investments | | 1,702 |
| | — |
| | 1,702 |
| Net realized gains (losses) on investment | | $ | 4,641 |
| | $ | (4,698 | ) | | $ | (57 | ) |
Proceeds from sales of AFS fixed maturities were $625,254 and $709,615 for the three and six months ended June 30, 2019, respectively (2018 - $36,315 and $116,555, respectively). Net unrealized gains (losses) on investments, including those allocated to discontinued operations and classified as held for sale, were as follows: | | | | | | | | | | | | June 30, 2019 | | December 31, 2018 | Fixed maturities | | $ | 29,392 |
| | $ | (59,729 | ) | Deferred income tax | | (114 | ) | | (33 | ) | Net unrealized gains (losses), net of deferred income tax | | $ | 29,278 |
| | $ | (59,762 | ) | Change, net of deferred income tax | | $ | 89,040 |
| | $ | (81,651 | ) |
The portion of net unrealized gains (losses) recognized in net income (loss) for the three and six months ended June 30, 2019 and 2018 that are related to other investments still held at the end of the reporting period were as follows: | | | | | | | | | | For the Three Months Ended June 30, | | 2019 | | 2018 | Net gains recognized in net income on other investments during the period | | $ | 151 |
| | $ | 220 |
| Net realized gains recognized on other investments divested during the period | | (409 | ) | | (287 | ) | Net unrealized losses recognized on other investments still held at end of period | | $ | (258 | ) | | $ | (67 | ) | | | | | | For the Six Months Ended June 30, | | 2019 | | 2018 | Net gains recognized in net income on other investments during the period | | $ | 6 |
| | $ | 1,702 |
| Net realized gains recognized on other investments divested during the period | | (411 | ) | | (879 | ) | Net unrealized (losses) gains recognized on other investments still held at end of period | | $ | (405 | ) | | $ | 823 |
|
4. Investments (continued) | | e) | Restricted Cash and Cash Equivalents and Investments |
We are required to maintain assets on deposit to support our reinsurance operations and to serve as collateral for our reinsurance liabilities under various reinsurance agreements. We also utilize trust accounts to collateralize business with our reinsurance counterparties. The assets in trust as collateral are primarily cash and highly rated fixed maturities. The fair value of our restricted assets was as follows: | | | | | | | | | | | | June 30, 2019 | | December 31, 2018 | Restricted cash – third party agreements | | $ | 21,299 |
| | $ | 21,420 |
| Restricted cash – related party agreements(1) | | 360,399 |
| | 108,728 |
| Total restricted cash | | 381,698 |
| | 130,148 |
| Restricted investments – in trust for third party agreements at fair value (amortized cost: 2019 – $69,855; 2018 – $88,841) | | 69,999 |
| | 89,596 |
| Restricted investments – in trust for related party agreements at fair value (amortized cost: 2019 – $2,655,683; 2018 – $3,870,731) | | 2,689,179 |
| | 3,804,215 |
| Restricted investments – liability for investments purchased for related party agreements(1) | | (266,946 | ) | | — |
| Total restricted investments | | 2,492,232 |
| | 3,893,811 |
| Total restricted cash and investments | | $ | 2,873,930 |
| | $ | 4,023,959 |
|
(1) $266,946 of the restricted cash held for related party agreements as of June 30, 2019 was used to settle the liability for investments purchased of $298,939 as of June 30, 2019 subsequent to the quarter end.
|