-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, M9qysnEPPu1jYQnd8SsW/lOB8VoQPrZVJwnG/dew2Rtkhyoi/kh4YSOBlnCCgnc2 XBZvf0jRHEJk5a1ex9ruBg== 0001157523-06-009680.txt : 20061005 0001157523-06-009680.hdr.sgml : 20061005 20061005070017 ACCESSION NUMBER: 0001157523-06-009680 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061004 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20061005 DATE AS OF CHANGE: 20061005 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PROASSURANCE CORP CENTRAL INDEX KEY: 0001127703 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 631261433 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-16533 FILM NUMBER: 061129815 BUSINESS ADDRESS: STREET 1: 100 BROOKWOOD PLACE CITY: BIRMINGHAM STATE: AL ZIP: 35209 BUSINESS PHONE: 2058774400 8-K 1 a5242476.txt PROASSURANCE CORPORATION 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): October 4, 2006 ProAssurance Corporation (Exact name of registrant as specified in its charter) Delaware 001-16533 63-1261433 (State of Incorporation) (Commission File No.) (IRS Employer I.D. No.) 100 Brookwood Place, Birmingham, Alabama 35209 (Address of Principal Executive Office) (Zip code) Registrant's telephone number, including area code: (205) 877-4400 Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Securities Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-(c) under the Exchange Act (17CFR 240.13e-(c)) ITEM 7.01 REGULATION FD DISCLOSURE On October 4, 2006 we issued a news release commenting on a medical malpractice verdict against an insured of ProNational Insurance Company, one of our subsidiaries. A copy of that news release, containing important risk factors, is furnished as Exhibit 99.1 to this filing. On September 29, 2006 a jury in Tampa awarded $117 million to the plaintiff in this case and on October 3, 2006 added $100 million in punitive damages. There is no claim outstanding against ProAssurance. There are many open legal issues still to be decided regarding both the merits of the case and the availability of coverage to the defendants. Based on similar cases, we believe it will be several years before this case is ultimately resolved. We are currently evaluating the details of the case and we expect to be able to discuss this issue in greater detail when we report our third quarter results. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS 99.1 News release commenting on a malpractice verdict in Florida. SIGNATURE Pursuant to the requirements of the Securities Exchange act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: October 5, 2006 PROASSURANCE CORPORATION By: /s/ Frank B. O'Neil --------------------------------- Frank B. O'Neil Senior Vice-President 2 EX-99.1 2 a5242476ex99_1.txt EXHIBIT 99.1 Exhibit 99.1 ProAssurance Comments on Florida Malpractice Verdict BIRMINGHAM, Ala.--(BUSINESS WIRE)--Oct. 4, 2006--A jury in Tampa has awarded a total of $217 million in a medical malpractice case against insureds of ProNational Insurance Company, a subsidiary of ProAssurance Corporation. The jury awarded $117 million on September 29, 2006 and added $100 million in punitive damages on October 3, 2006. There is no claim outstanding against ProAssurance. There are many open legal issues still to be decided regarding both the merits of the case and the availability of coverage to the defendants. Based on similar cases, we believe it will be several years before this case is ultimately resolved. We are currently evaluating the details of the case and we expect to be able to discuss this issue in greater detail when we report our third quarter results. About ProAssurance ProAssurance Corporation is the nation's fourth largest writer of medical professional liability insurance through its principal subsidiaries The Medical Assurance Company, Inc., ProNational Insurance Company, NCRIC, Inc., PIC Wisconsin, and Red Mountain Casualty Insurance Company, Inc. ProAssurance also writes professional liability coverage through Woodbrook Casualty Insurance, Inc. Caution Regarding Forward-Looking Statements This news release contains historical information as well as forward-looking statements that are based upon our estimates and anticipation of future events that are subject to certain risks and uncertainties that could cause actual results to vary materially from the expected results described in the forward-looking statements. Forward-looking statements are identified by words such as, but not limited to, "anticipate," "believe," "estimate," "expect," "hope," "hopeful," "intend," "may," "optimistic," "preliminary," "project," "should," "will" and other analogous expressions. There are numerous important factors that could cause our actual results to differ materially from those in the forward-looking statements. Thus, sentences and phrases that we use to convey our view of future events and trends are expressly designated as forward-looking statements as are sections of this news release clearly identified as giving our outlook on future business. Forward-looking statements relating to our business include among other things: statements concerning liquidity and capital requirements, return on equity, financial ratios, net income, premiums, losses and loss reserves, premium rates and retention of current business, competition and market conditions, the expansion of product lines, the development or acquisition of business in new geographical areas, the availability of acceptable reinsurance, actions by regulators and rating agencies, payment or performance of obligations under indebtedness, payment of dividends, and other matters. These forward-looking statements are subject to significant risks, assumptions and uncertainties, including, among other things, the following important factors that could affect the actual outcome of future events: -- General economic conditions, either nationally or in our market area, that are worse than anticipated; -- regulatory and legislative actions or decisions that adversely affect our business plans or operations; -- price competition; -- inflation and changes in the interest rate environment; -- performance of financial markets and/or changes in the securities markets that adversely affect the fair value of our investments or operations; -- changes in laws or government regulations affecting medical professional liability insurance; -- changes to our ratings assigned by rating agencies; -- the effects of health care changes, including managed care; -- uncertainties inherent in the estimate of loss and loss adjustment expense reserves and reinsurance, and changes in the availability, cost, quality, or collectibility of reinsurance; -- significantly increased competition among insurance providers and related pricing weaknesses in some markets; -- our ability to achieve continued growth through expansion into other states or through acquisitions or business combinations; -- changes in accounting policies and practices that may be adopted by our regulatory agencies and the Financial Accounting Standards Board; -- changes in our organization, compensation and benefit plans; and -- any other factors listed or discussed in the reports we file with the Securities and Exchange Commission under the Securities Exchange Act of 1934. Specifically relating to the referenced case, Navarro vs. Austin: -- Post-trial motions may be denied, in whole or in part; -- any appeals that may be undertaken may be unsuccessful; -- we may be unsuccessful in our legal efforts to limit the scope of coverage available to our insureds for this verdict; and -- we may become a party to bad faith litigation over the amount of the judgment above our policy limits. Our results may differ materially from those we expect and discuss in any forward-looking statements. The principal risk factors that may cause these differences are described in various documents we file with the Securities and Exchange Commission, including the Registration Statement filed on February 15, 2006 and updated on June 2, 2006, as well as our most recent Forms 10K and 10Q. We wish to caution readers not to place undue reliance on any such forward-looking statements, which speak only as of the date made, and wish to advise readers that the factors listed above could affect our financial performance and could cause actual results for future periods to differ materially from any opinions or statements expressed with respect to future periods in any current statements. We do not undertake and specifically decline any obligation to publicly release the result of any revisions that may be made to any forward-looking statements to reflect events or circumstances after the date of such statements or to reflect the occurrence of anticipated or unanticipated events. CONTACT: ProAssurance Corporation Sr. Vice President, Corporate Communications & Investor Relations Frank B. O'Neil, 800-282-6242 or 205-877-4461 foneil@ProAssurance.com -----END PRIVACY-ENHANCED MESSAGE-----