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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Form 10-Q
(Mark one)
☒QUARTERLY REPORT PURSUANT TO SECTION 13 or 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the Quarterly Period Ended September 30, 2023
or
☐
Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934.
For the Transition Period from                      to                     .
Commission File Number
1-15202

W. R. BERKLEY CORPORATION
(Exact name of registrant as specified in its charter)
Delaware22-1867895
(State or other jurisdiction of
incorporation or organization)		(I.R.S. Employer Identification No.)
  
475 Steamboat RoadGreenwichConnecticut06830
(Address of principal executive offices)(Zip Code)
(203)629-3000
(Registrant’s telephone number, including area code)
None
Former name, former address and former fiscal year, if changed since last report.
Securities registered pursuant to Section 12(b) of the Act:
Title Trading SymbolName
 
Common Stock, par value $.20 per shareWRBNew York Stock Exchange
5.700% Subordinated Debentures due 2058WRB-PENew York Stock Exchange
5.100% Subordinated Debentures due 2059WRB-PFNew York Stock Exchange
4.250% Subordinated Debentures due 2060WRB-PGNew York Stock Exchange
4.125% Subordinated Debentures due 2061WRB-PHNew York Stock Exchange
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☒     No ☐
Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes ☒     No ☐
1
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer
 ☒
Accelerated filer☐
Non-accelerated filer☐Smaller reporting company☐
Emerging growth company☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ☐    No ☒
Number of shares of common stock, $.20 par value, outstanding as of October 30, 2023: 257,872,034
2
TABLE OF CONTENTS
EX-101 INSTANCE DOCUMENT
EX-101 SCHEMA DOCUMENT
EX-101 CALCULATION LINKBASE DOCUMENT
EX-101 LABELS LINKBASE DOCUMENT
EX-101 PRESENTATION LINKBASE DOCUMENT
EX-101 DEFINITION LINKBASE DOCUMENT
3
Part I — FINANCIAL INFORMATION
Item 1.     Financial Statements
W. R. BERKLEY CORPORATION AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS
(In thousands, except share data)
September 30,
2023		December 31,
2022
(Unaudited)(Audited)
Assets  
Investments:  
Fixed maturity securities (amortized cost of $20,232,773 and $18,715,483; allowance for expected credit losses of $46,412 and $37,466 at September 30, 2023 and December 31, 2022, respectively)
$19,035,305 $17,587,349 
Investment funds1,600,495 1,608,548 
Real estate1,270,545 1,340,622 
Equity securities1,182,061 1,185,894 
Arbitrage trading account825,049 944,230 
Loans receivable (net of allowance for expected credit losses of $4,009 and $1,791 at September 30, 2023 and December 31, 2022, respectively)
177,750 193,002 
Total investments24,091,205 22,859,645 
Cash and cash equivalents1,646,074 1,449,346 
Premiums and fees receivable (net of allowance for expected credit losses of $33,602 and $30,660 at September 30, 2023 and December 31, 2022, respectively)
3,104,609 2,779,244 
Due from reinsurers (net of allowance for expected credit losses of $9,443 and $8,064 at September 30, 2023 and December 31, 2022, respectively)
3,426,196 3,187,730 
Deferred policy acquisition costs854,374 763,486 
Prepaid reinsurance premiums756,236 696,468 
Trading account receivables from brokers and clearing organizations401,982 233,863 
Property, furniture and equipment423,279 423,232 
Goodwill174,597 185,509 
Accrued investment income201,206 166,784 
Current and deferred federal and foreign income taxes291,363 333,774 
Other assets740,227 736,022 
Total assets$36,111,348 $33,815,103 
Liabilities and Equity  
Liabilities:  
Reserves for losses and loss expenses$18,273,310 $17,011,223 
Unearned premiums5,899,738 5,297,654 
Due to reinsurers626,448 523,131 
Trading account securities sold but not yet purchased7,538 — 
Other liabilities1,537,449 1,377,740 
Senior notes and other debt1,828,046 1,828,823 
Subordinated debentures1,008,910 1,008,371 
Total liabilities29,181,439 27,046,942 
Equity:  
Preferred stock, par value $0.10 per share:
  
Authorized 5,000,000 shares; issued and outstanding - none
— — 
Common stock, par value $0.20 per share:
  
Authorized 1,250,000,000 shares; issued and outstanding, net of treasury shares, 258,043,531 and 264,546,100 shares, respectively
105,803 105,803 
Additional paid-in capital1,008,301 997,534 
Retained earnings10,800,697 10,161,005 
Accumulated other comprehensive loss(1,322,819)(1,264,581)
Treasury stock, at cost, 270,971,091 and 264,468,528 shares, respectively
(3,676,403)(3,251,429)
Total stockholders’ equity6,915,579 6,748,332 
Noncontrolling interests14,330 19,829 
Total equity6,929,909 6,768,161 
Total liabilities and equity$36,111,348 $33,815,103 
See accompanying notes to interim consolidated financial statements.
1
W. R. BERKLEY CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF INCOME (UNAUDITED)
(In thousands, except per share data)
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
2023202220232022
REVENUES:  
Net premiums written$2,848,459 $2,577,274 $8,234,799 $7,576,163 
Change in net unearned premiums(206,545)(135,313)(548,726)(527,958)
Net premiums earned2,641,914 2,441,961 7,686,073 7,048,205 
Net investment income270,944 202,816 739,494 547,902 
Net investment (losses) gains:
Net realized and unrealized (losses) gains on investments(40,855)(66,282)50,403 139,664 
Change in allowance for expected credit losses on investments(1,571)(1,128)(11,164)(12,365)
Net investment (losses) gains(42,426)(67,410)39,239 127,299 
Revenues from non-insurance businesses137,116 119,013 375,225 345,210 
Insurance service fees22,962 27,940 81,290 82,284 
Other income128 80 235 1,797 
Total revenues3,030,638 2,724,400 8,921,556 8,152,697 
OPERATING COSTS AND EXPENSES:  
Losses and loss expenses1,636,193 1,564,578 4,744,602 4,339,646 
Other operating costs and expenses808,669 725,537 2,457,925 2,139,256 
Expenses from non-insurance businesses133,939 116,240 370,244 334,062 
Interest expense31,888 31,780 95,580 98,473 
Total operating costs and expenses2,610,689 2,438,135 7,668,351 6,911,437 
Income before income taxes419,949 286,265 1,253,205 1,241,260 
Income tax expense(86,519)(55,791)(268,322)(238,290)
Net income before noncontrolling interests333,430 230,474 984,883 1,002,970 
Noncontrolling interests156 (1,595)(863)(4,131)
Net income to common stockholders$333,586 $228,879 $984,020 $998,839 
NET INCOME PER SHARE:  
Basic$1.24 $0.83 $3.62 $3.61 
Diluted$1.23 $0.82 $3.59 $3.57 

See accompanying notes to interim consolidated financial statements.






2
W. R. BERKLEY CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS) (UNAUDITED)
(In thousands)
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
2023202220232022
Net income before noncontrolling interests$333,430 $230,474 $984,883 $1,002,970 
Other comprehensive loss:  
Change in unrealized currency translation adjustments(22,781)(40,516)(7,387)(27,637)
Change in unrealized investment losses, net of taxes(118,365)(315,664)(50,850)(1,076,217)
Other comprehensive loss(141,146)(356,180)(58,237)(1,103,854)
Comprehensive income (loss)192,284 (125,706)926,646 (100,884)
Noncontrolling interests156 (1,595)(862)(4,130)
Comprehensive income (loss) to common stockholders$192,440 $(127,301)$925,784 $(105,014)

See accompanying notes to interim consolidated financial statements.
3
W. R. BERKLEY CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF STOCKHOLDERS’ EQUITY (UNAUDITED)
(In thousands, except per share data)
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
2023202220232022
COMMON STOCK:  
Beginning and end of period$105,803 $105,803 $105,803 $105,803 
ADDITIONAL PAID-IN CAPITAL:  
Beginning of period$1,020,818 $1,001,093 $997,534 $981,104 
Restricted stock units issued(25,226)(28,381)(25,228)(30,751)
Restricted stock units expensed12,709 12,091 35,995 34,450 
End of period$1,008,301 $984,803 $1,008,301 $984,803 
RETAINED EARNINGS:  
Beginning of period$10,624,518 $9,602,948 $10,161,005 $9,015,135 
Net income to common stockholders333,586 228,879 984,020 998,839 
Dividends ($0.61, $0.10, $1.32 and $0.79 per share, respectively)
(157,407)(26,590)(344,328)(208,737)
End of period$10,800,697 $9,805,237 $10,800,697 $9,805,237 
ACCUMULATED OTHER COMPREHENSIVE LOSS:  
Unrealized investment (loss) gain:  
Beginning of period$(825,391)$(669,654)$(892,905)$90,900 
Change in unrealized (losses) gains on securities without an allowance for expected credit losses(108,121)(311,659)(47,757)(1,055,628)
Change in unrealized (losses) gains on securities with an allowance for expected credit losses(10,244)(4,005)(3,094)(20,590)
End of period(943,756)(985,318)(943,756)(985,318)
Currency translation adjustments:  
Beginning of period(356,282)(359,976)(371,676)(372,855)
Net change in period(22,781)(40,516)(7,387)(27,637)
End of period(379,063)(400,492)(379,063)(400,492)
Total accumulated other comprehensive loss$(1,322,819)$(1,385,810)$(1,322,819)$(1,385,810)
TREASURY STOCK:  
Beginning of period$(3,682,281)$(3,165,729)$(3,251,429)$(3,167,076)
Stock exercised/vested8,469 8,332 9,461 9,679 
Stock repurchased(2,917)(6,570)(430,536)(6,570)
Other326 — (3,899)— 
End of period$(3,676,403)$(3,163,967)$(3,676,403)$(3,163,967)
NONCONTROLLING INTERESTS:  
Beginning of period$21,167 $22,388 $19,829 $14,719 
(Distributions) contributions(6,681)(73)(6,361)5,061 
Net (loss) income(156)1,595 863 4,131 
Other comprehensive loss, net of tax— — (1)(1)
End of period$14,330 $23,910 $14,330 $23,910 
See accompanying notes to interim consolidated financial statements.
4
W. R. BERKLEY CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)
(In thousands)
For the Nine Months
Ended September 30,
 20232022
CASH FROM OPERATING ACTIVITIES:  
Net income to common stockholders$984,020 $998,839 
Adjustments to reconcile net income to net cash from operating activities:  
Net investment gains(39,239)(127,299)
Depreciation and amortization3,294 46,037 
Noncontrolling interests863 4,131 
Investment funds(5,444)(121,919)
Stock incentive plans37,796 36,247 
Change in:
Arbitrage trading account(41,399)(39,389)
Premiums and fees receivable(340,056)(247,782)
Reinsurance accounts(194,610)(187,453)
Deferred policy acquisition costs(93,270)(92,724)
Income taxes49,722 (111,231)
Reserves for losses and loss expenses1,288,975 1,225,679 
Unearned premiums608,300 551,894 
Other(27,790)(161,727)
Net cash from operating activities2,231,162 1,773,303 
CASH USED IN INVESTING ACTIVITIES:  
Proceeds from sale of fixed maturity securities877,019 1,638,049 
Proceeds from sale of equity securities161,470 20,057 
Distributions from (contributions to) investment funds8,385 (72,925)
Proceeds from maturities and prepayments of fixed maturity securities2,654,140 3,916,331 
Purchase of fixed maturity securities(5,091,866)(7,694,663)
Purchase of equity securities(63,815)(340,158)
Real estate additions(15,158)(18,670)
Change in loans receivable12,796 2,066 
Net purchases of property, furniture and equipment(42,127)(35,270)
Change in balances due to security brokers8,224 177,457 
Cash received in connection with business disposition94,076 906,789 
Payment for business purchased net of cash acquired— (49,572)
Other320 94 
Net cash used in investing activities(1,396,536)(1,550,415)
CASH USED IN FINANCING ACTIVITIES:  
Repayment of senior notes and other debt(1,954)(426,503)
Net proceeds from issuance of debt1,100 2,181 
Cash dividends to common stockholders(186,921)(182,147)
Purchase of common treasury shares(430,536)(6,570)
Other, net(20,545)(21,808)
Net cash used in financing activities(638,856)(634,847)
Net impact on cash due to change in foreign exchange rates959 (26,134)
Net change in cash and cash equivalents196,728 (438,093)
Cash and cash equivalents at beginning of period1,449,346 1,568,843 
Cash and cash equivalents at end of period$1,646,074 $1,130,750 
See accompanying notes to interim consolidated financial statements.
5

W. R. Berkley Corporation and Subsidiaries
NOTES TO INTERIM CONSOLIDATED FINANCIAL STATEMENTS (UNAUDITED)

(1) General
    The unaudited consolidated financial statements, which include the accounts of W. R. Berkley Corporation and its subsidiaries (the “Company”), have been prepared on the basis of U.S. generally accepted accounting principles (“GAAP”) for interim financial information. Accordingly, they do not include all the information and notes required by GAAP for annual financial statements. The unaudited consolidated financial statements reflect all adjustments, consisting only of normal recurring items, which are necessary to present fairly the Company’s financial position and results of operations on a basis consistent with the prior audited consolidated financial statements. Operating results for interim periods are not necessarily indicative of the results that may be expected for the year. All significant intercompany accounts and transactions have been eliminated. Reclassifications have been made in the 2022 financial statements as originally reported to conform to the presentation of the 2023 financial statements. For the for nine months ended September 30, 2022, the Company did not correct the proceeds from sale of fixed maturity securities and purchase of fixed maturity securities lines within the consolidated statements of cash flows for an incremental inter-company elimination as the effects were not material and had no impact on the total amount of investing activities.
The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the revenues and expenses reflected during the reporting period. For further information related to areas of judgment and estimates and other information necessary to understand the Company’s financial position and results of operations, refer to the audited consolidated financial statements and notes included in the Company’s Annual Report on Form 10-K for the year ended December 31, 2022.
The income tax provision has been computed based on the Company’s estimated annual effective tax rate. The effective income tax rate differs from the federal income tax rate of 21% primarily due to tax benefits related to equity-based compensation and tax-exempt investment income, which was partially offset by state income taxes.


(2) Per Share Data
    The Company presents both basic and diluted net income per share (“EPS”) amounts. Basic EPS is calculated by dividing net income by the weighted average number of common shares outstanding during the period (including 11,416,856 and 11,592,699 common shares held in a grantor trust as of September 30, 2023 and 2022, respectively). The common shares held in the grantor trust are for delivery upon settlement of vested but mandatorily deferred restricted stock units ("RSUs"). Shares held by the grantor trust do not affect diluted shares outstanding since the shares deliverable under vested RSUs were already included in diluted shares outstanding. Diluted EPS is based upon the weighted average number of basic and common equivalent shares outstanding during the period and is calculated using the treasury stock method for stock incentive plans. Common equivalent shares are excluded from the computation in periods in which they have an anti-dilutive effect.
    The weighted average number of common shares used in the computation of basic and diluted earnings per share was as follows:
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Basic269,191 277,192 271,656 276,928 
Diluted271,439 279,642 274,146 279,644 


(3) Recent Accounting Pronouncements and Accounting Policies
Recently adopted accounting pronouncements:
    All accounting and reporting standards that became effective in 2023 were either not applicable to the Company or their adoption did not have a material impact on the Company.
6
Accounting and reporting standards that are not yet effective:
    All recently issued but not yet effective accounting and reporting standards are either not applicable to the Company or are not expected to have a material impact on the Company.
7
(4) Consolidated Statements of Comprehensive (Loss) Income

    The following table presents the components of the changes in accumulated other comprehensive (loss) income ("AOCI"):
(In thousands)Unrealized Investment (Losses) GainsCurrency Translation AdjustmentsAccumulated Other Comprehensive
(Loss) Income
As of and for the nine months ended September 30, 2023
Changes in AOCI
Beginning of period$(892,905)$(371,676)$(1,264,581)
Other comprehensive loss before reclassifications(103,087)(7,387)(110,474)
Amounts reclassified from AOCI52,237 — 52,237 
Other comprehensive loss(50,850)(7,387)(58,237)
Unrealized investment loss related to noncontrolling interest(1)— (1)
End of period$(943,756)$(379,063)$(1,322,819)
Amounts reclassified from AOCI
Pre-tax$66,123 (1)$— $66,123 
Tax effect (13,886)(2)— (13,886)
After-tax amounts reclassified$52,237 $— $52,237 
Other comprehensive loss
Pre-tax$(62,476)$(7,387)$(69,863)
Tax effect11,626 — 11,626 
Other comprehensive loss$(50,850)$(7,387)$(58,237)
As of and for the three months ended September 30, 2023
Changes in AOCI
Beginning of period$(825,391)$(356,282)$(1,181,673)
Other comprehensive loss before reclassifications(133,018)(22,781)(155,799)
Amounts reclassified from AOCI14,653 — 14,653 
Other comprehensive loss(118,365)(22,781)(141,146)
Unrealized investment loss related to noncontrolling interest— — — 
Ending balance$(943,756)$(379,063)$(1,322,819)
Amounts reclassified from AOCI
Pre-tax$18,548 (1)$— $18,548 
Tax effect (3,895)(2)— (3,895)
After-tax amounts reclassified$14,653 $— $14,653 
Other comprehensive loss
Pre-tax$(150,455)$(22,781)$(173,236)
Tax effect32,090 — 32,090 
Other comprehensive loss$(118,365)$(22,781)$(141,146)
8
(In thousands)Unrealized Investment (Losses) GainsCurrency Translation AdjustmentsAccumulated Other Comprehensive
(Loss) Income
As of and for the nine months ended September 30, 2022
Changes in AOCI
Beginning of period$90,900 $(372,855)$(281,955)
Other comprehensive loss before reclassifications(1,134,657)(27,637)(1,162,294)
Amounts reclassified from AOCI58,440 — 58,440 
Other comprehensive loss(1,076,217)(27,637)(1,103,854)
Unrealized investment loss related to noncontrolling interest(1)— (1)
End of period$(985,318)$(400,492)$(1,385,810)
Amounts reclassified from AOCI
Pre-tax$73,975 (1)$— $73,975 
Tax effect (15,535)(2)— (15,535)
After-tax amounts reclassified$58,440 $— $58,440 
Other comprehensive loss
Pre-tax$(1,365,064)$(27,637)$(1,392,701)
Tax effect288,847 — 288,847 
Other comprehensive loss$(1,076,217)$(27,637)$(1,103,854)
As of and for the three months ended September 30, 2022
Changes in AOCI
Beginning of period$(669,654)$(359,976)$(1,029,630)
Other comprehensive loss before reclassifications(335,034)(40,516)(375,550)
Amounts reclassified from AOCI19,370 — 19,370 
Other comprehensive loss(315,664)(40,516)(356,180)
Unrealized investment loss related to noncontrolling interest— — 
Ending balance$(985,318)$(400,492)$(1,385,810)
Amounts reclassified from AOCI
Pre-tax$24,519 (1)$— $24,519 
Tax effect (5,149)(2)— (5,149)
After-tax amounts reclassified$19,370 $— $19,370 
Other comprehensive loss
Pre-tax$(394,832)$(40,516)$(435,348)
Tax effect79,168 — 79,168 
Other comprehensive loss$(315,664)$(40,516)$(356,180)
____________
(1) Net investment (losses) gains in the consolidated statements of income.
(2) Income tax expense in the consolidated statements of income.



(5) Statements of Cash Flows
    Interest payments were $79,336,000 and $115,756,000 for the nine months ended September 30, 2023 and 2022, respectively. Income taxes paid were $180,000,000 and $263,971,000 for the nine months ended September 30, 2023 and 2022, respectively.
9
(6) Investments in Fixed Maturity Securities
    At September 30, 2023 and December 31, 2022, investments in fixed maturity securities were as follows:
 
(In thousands)Amortized
Cost		Allowance for Expected Credit Losses (1)Gross UnrealizedFair
Value		Carrying
Value
GainsLosses
September 30, 2023
Held to maturity:
State and municipal$49,847 $(48)$1,825 $— $51,624 $49,799 
Residential mortgage-backed3,029 — 19 — 3,048 3,029 
Total held to maturity52,876 (48)1,844 — 54,672 52,828 
Available for sale:
U.S. government and government agency1,546,889 — 2,077 (81,767)1,467,199 1,467,199 
State and municipal:
Special revenue1,771,219 — 2,287 (126,585)1,646,921 1,646,921 
State general obligation378,650 — 1,247 (23,727)356,170 356,170 
Pre-refunded103,219 — 202 (827)102,594 102,594 
Corporate backed194,976 (821)159 (14,341)179,973 179,973 
Local general obligation401,286 — 1,767 (17,713)385,340 385,340 
Total state and municipal2,849,350 (821)5,662 (183,193)2,670,998 2,670,998 
Mortgage-backed:
Residential1,660,790 (24)399 (214,381)1,446,784 1,446,784 
Commercial651,966 (2,076)11 (20,389)629,512 629,512 
Total mortgage-backed2,312,756 (2,100)410 (234,770)2,076,296 2,076,296 
Asset-backed4,197,235 (1,502)750 (109,025)4,087,458 4,087,458 
Corporate:
Industrial3,567,020 — 5,026 (227,479)3,344,567 3,344,567 
Financial2,813,603 (5,406)1,362 (130,312)2,679,247 2,679,247 
Utilities683,468 (364)164 (39,991)643,277 643,277 
Other593,466 — 134 (11,877)581,723 581,723 
Total corporate7,657,557 (5,770)6,686 (409,659)7,248,814 7,248,814 
Foreign government1,616,110 (36,171)1,361 (149,588)1,431,712 1,431,712 
Total available for sale20,179,897 (46,364)16,946 (1,168,002)18,982,477 18,982,477 
Total investments in fixed maturity securities$20,232,773 $(46,412)$18,790 $(1,168,002)$19,037,149 $19,035,305 
____________
(1) Represents the amount of impairment that has resulted from credit-related factors. The change in the allowance for expected credit losses is recognized in the consolidated statements of income. Amount excludes unrealized losses relating to non-credit factors.
10
(In thousands)Amortized
Cost		Allowance for Expected Credit Losses (1)Gross UnrealizedFair
Value		Carrying
Value
GainsLosses
December 31, 2022
Held to maturity:
State and municipal$47,802 $(114)$4,239 $— $51,927 $47,688 
Residential mortgage-backed3,608 — 38 — 3,646 3,608 
Total held to maturity51,410 (114)4,277 — 55,573 51,296 
Available for sale:
U.S. government and government agency960,479 — 937 (69,158)892,258 892,258 
State and municipal:
Special revenue1,837,309 — 3,662 (119,474)1,721,497 1,721,497 
State general obligation387,709 — 2,651 (21,335)369,025 369,025 
Pre-refunded156,106 — 2,741 (7)158,840 158,840 
Corporate backed210,228 — 334 (10,923)199,639 199,639 
Local general obligation454,983 — 2,967 (16,853)441,097 441,097 
Total state and municipal3,046,335 — 12,355 (168,592)2,890,098 2,890,098 
Mortgage-backed:
Residential 1,308,019 (18)395 (171,595)1,136,801 1,136,801 
Commercial547,757 — 215 (19,363)528,609 528,609 
Total mortgage-backed securities1,855,776 (18)610 (190,958)1,665,410 1,665,410 
Asset-backed4,132,365 — 2,730 (152,322)3,982,773 3,982,773 
Corporate:
Industrial3,491,645 (1,704)4,439 (241,381)3,252,999 3,252,999 
Financial2,585,247 (2,997)5,505 (117,383)2,470,372 2,470,372 
Utilities586,066 — 1,307 (36,325)551,048 551,048 
Other441,230 — — (11,657)429,573 429,573 
Total corporate7,104,188 (4,701)11,251 (406,746)6,703,992 6,703,992 
Foreign government1,564,930 (32,633)4,283 (135,058)1,401,522 1,401,522 
Total available for sale18,664,073 (37,352)32,166 (1,122,834)17,536,053 17,536,053 
Total investments in fixed maturity securities$18,715,483 $(37,466)$36,443 $(1,122,834)$17,591,626 $17,587,349 
____________
(1) Represents the amount of impairment that has resulted from credit-related factors. The change in the allowance for expected credit losses is recognized in the consolidated statements of income. Amount excludes unrealized losses relating to non-credit factors.
The following table presents the rollforward of the allowance for expected credit losses for held to maturity securities for the nine months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$114 $387 
Provision for expected credit losses(66)(266)
Allowance for expected credit losses, end of period$48 $121 
The following table presents the rollforward of the allowance for expected credit losses for held to maturity securities for the three months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$53 $127 
Provision for expected credit losses(5)(6)
Allowance for expected credit losses, end of period$48 $121 
11
The following table presents the rollforward of the allowance for expected credit losses for available for sale securities for the nine months ended September 30, 2023 and 2022:
20232022
(In thousands)Foreign GovernmentCorporateMortgage-backedAsset-backedState and MunicipalTotalForeign GovernmentCorporateMortgage-backedTotal
Allowance for expected credit losses, beginning of period$32,633 $4,701 $18 $— $— $37,352 $22,222 $16 $— $22,238 
Expected credit losses on securities for which credit losses were not previously recorded— 942 1,766 1,444 821 4,973 1,897 1,205 21 3,123 
Expected credit losses (gains) on securities for which credit losses were previously recorded3,538 134 316 58 — 4,046 9,289 (22)— 9,267 
Reduction due to disposals— (7)— — — (7)(33)— — (33)
Allowance for expected credit losses, end of period$36,171 $5,770 $2,100 $1,502 $821 $46,364 $33,375 $1,199 $21 $34,595 

During the nine months ended September 30, 2023, the Company increased the allowance for expected credit losses for available for sale securities in part due to changes in economic assumptions utilized in its credit loss model, primarily affecting the financial services and real estate sectors, and an increase in unrealized loss related to the foreign government portfolio. During the nine months ended September 30, 2022, the Company increased the allowance for expected credit losses for available for sale securities mainly due to an increase in unrealized losses primarily associated with foreign government securities.
The following table presents the rollforward of the allowance for expected credit losses for available for sale securities for the three months ended September 30, 2023 and 2022:
20232022
(In thousands)Foreign GovernmentCorporateMortgage-backedAsset-backedState and MunicipalTotalForeign GovernmentCorporateMortgage-backedTotal
Allowance for expected credit losses, beginning of period$33,052 $8,867 $885 $1,444 $— $44,248 $33,096 $182 $— $33,278 
Expected credit losses on securities for which credit losses were not previously recorded— 756 905 — 821 2,482 — 1,023 21 1,044 
Expected credit losses (gains) on securities for which credit losses were previously recorded3,119 (3,853)310 58 — (366)279 (6)— 273 
Allowance for expected credit losses, end of period$36,171 $5,770 $2,100 $1,502 $821 $46,364 $33,375 $1,199 $21 $34,595 
The amortized cost and fair value of fixed maturity securities at September 30, 2023, by contractual maturity, are shown below. Actual maturities may differ from contractual maturities because certain issuers may have the right to call or prepay obligations.  
(In thousands)Amortized
Cost (1)		Fair
Value
Due in one year or less$1,818,820 $1,742,384 
Due after one year through five years9,180,726 8,704,308 
Due after five years through ten years4,308,202 4,074,956 
Due after ten years2,609,192 2,436,157 
Mortgage-backed securities2,315,785 2,079,344 
Total$20,232,725 $19,037,149 
________________
12
(1) Amortized cost is reduced by the allowance for expected credit losses of $48 thousand related to held to maturity securities.    
At September 30, 2023 and December 31, 2022, there were no investments that exceeded 10% of common stockholders' equity, other than investments in United States government and government agency securities.

(7) Investments in Equity Securities
    At September 30, 2023 and December 31, 2022, investments in equity securities were as follows:
 
(In thousands)CostGross UnrealizedFair
Value		Carrying
Value
GainsLosses
September 30, 2023
Common stocks$792,512 $209,979 $(41,058)$961,433 $961,433 
Preferred stocks273,376 2,383 (55,131)220,628 220,628 
Total$1,065,888 $212,362 $(96,189)$1,182,061 $1,182,061 
December 31, 2022
Common stocks$855,987 $192,165 $(65,401)$982,751 $982,751 
Preferred stocks259,341 1,053 (57,251)203,143 203,143 
Total$1,115,328 $193,218 $(122,652)$1,185,894 $1,185,894 




(8) Arbitrage Trading Account
    At September 30, 2023 and December 31, 2022, the fair and carrying values of the arbitrage trading account were $825 million and $944 million, respectively. The primary focus of the trading account is merger arbitrage. Merger arbitrage is the business of investing in the securities of publicly held companies which are the targets in announced tender offers and mergers. Arbitrage investing differs from other types of investing in its focus on transactions and events believed likely to bring about a change in value over a relatively short time period (usually four months or less).
    The Company uses put options and call options in order to mitigate the impact of potential changes in market conditions on the merger arbitrage trading account. These options are reported at fair value. As of September 30, 2023, the fair value of long option contracts outstanding was $256 thousand (notional amount of $50 million) and the fair value of short option contracts was $6 million (notional amount of $50 million). Other than with respect to the use of these trading account securities, the Company does not make use of derivatives.


(9) Net Investment Income
    Net investment income consisted of the following: 
 For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Investment income (loss) earned on:
Fixed maturity securities, including cash and cash equivalents and loans receivable$239,727 $146,051 $653,200 $371,724 
Arbitrage trading account (1)17,876 10,694 53,168 24,008 
Equity securities12,714 14,650 41,714 38,303 
Investment funds4,450 36,045 5,444 121,919 
Real estate(1,986)(2,297)(7,821)(1,702)
Gross investment income272,781 205,143 745,705 554,252 
Investment expense(1,837)(2,327)(6,211)(6,350)
Net investment income$270,944 $202,816 $739,494 $547,902 
13
(1) Net investment income includes earnings from trading account receivables from brokers and clearing organizations.

(10) Investment Funds
    The Company evaluates whether it is an investor in a variable interest entity ("VIE"). Such entities do not have sufficient equity at risk to finance their activities without additional subordinated financial support, or the equity investors, as a group, do not have the characteristics of a controlling financial interest (primary beneficiary). The Company determines whether it is the primary beneficiary of an entity subject to consolidation based on a qualitative assessment of the VIE's capital structure, contractual terms, nature of the VIE's operations and purpose, and the Company's relative exposure to the related risks of the VIE on the date it becomes initially involved in the VIE and on an ongoing basis. The Company is not the primary beneficiary in any of its investment funds, and accordingly, carries its interests in investment funds under the equity method of accounting.    
    The Company’s maximum exposure to loss with respect to these investments is limited to the carrying amount reported on the Company’s consolidated balance sheet and its unfunded commitments, which were $353 million as of September 30, 2023.
    Investment funds consisted of the following:
Carrying Value as of Income (Loss) from
Investment Funds
September 30,December 31,For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Financial services$429,889 $465,683 $(15,606)$27,472 
Transportation336,020 336,753 37,894 48,249 
Real Estate191,445 204,644 (5,062)42,708 
Infrastructure124,528 115,428 7,813 1,277 
Energy115,349 116,432 3,921 1,966 
Other funds403,264 369,608 (23,516)247 
Total$1,600,495 $1,608,548 $5,444 $121,919 
    The Company's share of the earnings or losses from investment funds is generally reported on a one-quarter lag in order to facilitate the timely completion of the Company's consolidated financial statements.
Financial services investment funds include the minority investment in Lifson Re, a Bermuda reinsurance company. Effective January 1, 2021, Lifson Re participated on a fully collateralized basis in a majority of the Company’s reinsurance placements for a 22.5% share of placed amounts. The percentage increased from 22.5% to 30% effective July 1, 2022. This pertains to all traditional reinsurance/retrocessional placements for both property and casualty business where there is more than one open market reinsurer participating. For the nine months ended September 30, 2023 and 2022, the Company ceded approximately $348 million and $308 million, respectively, of written premiums to Lifson Re.
Other funds include deferred compensation trust assets of $31 million and $30 million as of September 30, 2023 and December 31, 2022, respectively. These assets support other liabilities reflected in the balance sheet of an equal amount for employees who have elected to defer a portion of their compensation. The change in the net asset value of the trust is recorded in other funds within net investment income with an offsetting equal amount within corporate expenses.

(11) Real Estate
    Investment in real estate represents directly owned property held for investment, as follows:
Carrying Value
September 30,December 31,
(In thousands)20232022
Properties in operation$1,043,419 $1,114,167 
Properties under development227,126 226,455 
Total$1,270,545 $1,340,622 

    As of September 30, 2023, properties in operation included a long-term ground lease in Washington, D.C., an office complex in New York City and the completed portion of a mixed-use project in Washington D.C. Properties in operation are
14
net of accumulated depreciation and amortization of $31,039,000 and $33,206,000 as of September 30, 2023 and December 31, 2022, respectively. Related depreciation expense was $6,667,000 and $9,934,000 for the nine months ended September 30, 2023 and 2022, respectively. Future minimum rental income expected on operating leases relating to properties in operation is $8,368,709 in 2023, $35,249,642 in 2024, $34,435,718 in 2025, $32,583,382 in 2026, $32,074,240 in 2027, $32,823,410 in 2028 and $505,344,609 thereafter.
The Company recognized impairments on real estate of $21 million and $72 million in the three months and nine months ended September 30, 2023, respectively.
During the first quarter of 2022, the Company sold a real estate investment in London (proceeds from the real estate and related entity is presented on the business disposition line within the Consolidated Statements of Cash Flows).
    A mixed-use project in Washington, D.C. had been under development in 2023 and 2022, with the completed portion reported in properties in operation as of September 30, 2023.

(12) Loans Receivable

At September 30, 2023 and December 31, 2022, loans receivable were as follows:
(In thousands)September 30,
2023		December 31,
2022
Amortized cost (net of allowance for expected credit losses):
Real estate loans$159,857 $173,616 
Commercial loans17,893 19,386 
Total$177,750 $193,002 
Fair value:
Real estate loans$156,407 $168,595 
Commercial loans17,893 19,386 
Total$174,300 $187,981 
The real estate loans are secured by commercial and residential real estate primarily located in London and New York. These loans generally earn interest at fixed or stepped interest rates and have maturities through 2026. The commercial loans are with small business owners who have secured the related financing with the assets of the business. Commercial loans primarily earn interest on a fixed basis and have varying maturities generally not exceeding 10 years.
Loans receivable in non-accrual status were none as of both September 30, 2023 and December 31, 2022, respectively.
The following table presents the rollforward of the allowance for expected credit losses for loans receivable for the nine months ended September 30, 2023 and 2022:
20232022
(In thousands)Real Estate LoansCommercial LoansTotalReal Estate LoansCommercial LoansTotal
Allowance for expected credit losses, beginning of period$1,100 $691 $1,791 $1,362 $356 $1,718 
Change in expected credit losses2,302 (84)2,218 (200)474 274 
Allowance for expected credit losses, end of period$3,402 $607 $4,009 $1,162 $830 $1,992 
During the nine months ended September 30, 2023, the Company increased the allowance for expected credit losses due to changes in economic assumptions utilized in its credit loss model. During the nine months ended September 30, 2022, the Company increased the allowance primarily due to an increase in the weighted average life of the loans receivable portfolio.
The following table presents the rollforward of the allowance for expected credit losses for loans receivable for the three months ended September 30, 2023 and 2022:
15
20232022
(In thousands)Real Estate LoansCommercial LoansTotalReal Estate LoansCommercial LoansTotal
Allowance for expected credit losses, beginning of period$3,658 $892 $4,550 $1,228 $947 $2,175 
Change in expected credit losses(256)(285)(541)(66)(117)(183)
Allowance for expected credit losses, end of period$3,402 $607 $4,009 $1,162 $830 $1,992 
The Company monitors the performance of its loans receivable and assesses the ability of the borrower to pay principal and interest based upon loan structure, underlying property values, cash flow and related financial and operating performance of the property and market conditions.
    In evaluating the real estate loans, the Company considers their credit quality indicators, including loan to value ratios, which compare the outstanding loan amount to the estimated value of the property, the borrower’s financial condition and performance with respect to loan terms, the position in the capital structure, the overall leverage in the capital structure and other market conditions.

16
(13) Net Investment (Losses) Gains
     Net investment (losses) gains were as follows:
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Net investment (losses) gains:  
Fixed maturity securities:  
Gains$299 $1,053 $1,357 $3,405 
Losses(2,700)(2,309)(24,470)(8,752)
Equity securities (1):
Net realized gains on investment sales (2)23,631 — 135,763 946 
Change in unrealized (losses) gains(19,059)(50,384)45,605 (88,701)
Investment funds(3,329)(1,717)(3,417)(6,241)
Real estate (3) (4)(24,234)9,026 (68,944)295,576 
Loans receivable(1,428)— (1,428)(32)
Other(14,035)(21,951)(34,063)(56,537)
Net realized and unrealized (losses) gains on investments in earnings before allowance for expected credit losses(40,855)(66,282)50,403 139,664 
Change in allowance for expected credit losses on investments:
Fixed maturity securities(2,112)(1,311)(8,946)(12,091)
Loans receivable541 183 (2,218)(274)
Change in allowance for expected credit losses on investments(1,571)(1,128)(11,164)(12,365)
Net investment (losses) gains(42,426)(67,410)39,239 127,299 
Income tax benefit (expense)9,405 14,456 (8,033)(26,466)
After-tax net investment (losses) gains$(33,021)$(52,954)$31,206 $100,833 
Change in unrealized investment (losses) gains on available for sale securities:  
Fixed maturity securities without allowance for expected credit losses$(136,388)$(385,503)$(57,293)$(1,335,413)
Fixed maturity securities with allowance for expected credit losses(10,244)(4,005)(3,094)(20,590)
Investment funds(3,217)(5,031)(818)(7,863)
Other(606)(293)(1,271)(1,198)
Total change in unrealized investment losses(150,455)(394,832)(62,476)(1,365,064)
Income tax benefit32,090 79,168 11,626 288,847 
Noncontrolling interests— — (1)(1)
After-tax change in unrealized investment losses of available for sale securities$(118,365)$(315,664)$(50,851)$(1,076,218)
______________________
(1) The net realized gains or losses on investment sales represent the total gains or losses from the purchase dates of the equity securities. The change in unrealized (losses) gains consists of two components: (i) the reversal of the gain or loss recognized in previous periods on equity securities sold and (ii) the change in unrealized gain or loss resulting from mark-to-market adjustments on equity securities still held.
(2) In June 2023, the Company completed a sale of the property and casualty insurance services division of Breckenridge IS, Inc. and recognized a pre-tax net realized gain on investment of $88 million on the sale (proceeds from the sale is presented on the business disposition line within the Consolidated Statements of Cash Flows).
(3) The Company recognized impairments on real estate of $21 million and $72 million in the three months and nine months ended September 30, 2023, respectively.
(4) During March 2022, the Company realized a gain on the sale of a real estate investment in London, U.K. of $251 million, net of transaction expenses and the foreign currency impact, including the reversal of the currency translation adjustment.

17
(14) Fixed Maturity Securities in an Unrealized Loss Position
    The following tables summarize all fixed maturity securities in an unrealized loss position at September 30, 2023 and December 31, 2022 by the length of time those securities have been continuously in an unrealized loss position:
  Less Than 12 Months12 Months or GreaterTotal
(In thousands)Fair
Value		Gross
Unrealized Losses		Fair
Value		Gross
Unrealized Losses		Fair
Value		Gross
Unrealized Losses
September 30, 2023
U.S. government and government agency$605,944 $17,390 $592,215 $64,377 $1,198,159 $81,767 
State and municipal645,642 15,255 1,728,892 167,938 2,374,534 183,193 
Mortgage-backed688,848 17,058 1,296,384 217,712 1,985,232 234,770 
Asset-backed1,025,656 8,774 2,584,224 100,251 3,609,880 109,025 
Corporate2,091,830 46,758 4,695,101 362,901 6,786,931 409,659 
Foreign government563,657 15,038 779,455 134,550 1,343,112 149,588 
Fixed maturity securities$5,621,577 $120,273 $11,676,271 $1,047,729 $17,297,848 $1,168,002 
December 31, 2022
U.S. government and government agency$285,391 $10,219 $453,520 $58,939 $738,911 $69,158 
State and municipal1,720,443 89,272 598,797 79,320 2,319,240 168,592 
Mortgage-backed1,099,549 75,430 473,318 115,528 1,572,867 190,958 
Asset-backed1,569,647 48,390 2,176,638 103,932 3,746,285 152,322 
Corporate3,690,856 150,115 2,349,281 256,631 6,040,137 406,746 
Foreign government477,672 29,815 711,786 105,243 1,189,458 135,058 
Fixed maturity securities$8,843,558 $403,241 $6,763,340 $719,593 $15,606,898 $1,122,834 
    Substantially all of the securities in an unrealized loss position are rated investment grade, except for the securities in the foreign government classification. A significant amount of the unrealized loss on foreign government securities is the result of changes in currency exchange rates. 
    A summary of the Company’s non-investment grade fixed maturity securities that were in an unrealized loss position at September 30, 2023 is presented in the table below:
($ in thousands)Number of
Securities		Aggregate
Fair Value		Gross
Unrealized Loss
Foreign government44 $88,668 $91,468 
Corporate26 35,644 3,523 
State and municipal5 22,866 6,374 
Mortgage-backed15 4,328 214 
Asset-backed5 244 107 
Total95 $151,750 $101,686 
    For fixed maturity securities that management does not intend to sell or to be required to sell, the portion of the decline in value that is considered to be due to credit factors is recognized in earnings, and the portion of the decline in value that is considered to be due to non-credit factors is recognized in other comprehensive income (loss).
     The Company has evaluated its fixed maturity securities in an unrealized loss position and believes the unrealized losses are due primarily to temporary market and sector-related factors rather than to issuer-specific factors. None of these securities are delinquent or in default under financial covenants. Based on its assessment of these issuers, the Company expects them to continue to meet their contractual payment obligations as they become due.

18
(15) Fair Value Measurements
    The Company’s fixed maturity available for sale securities, equity securities and its arbitrage trading account securities are carried at fair value. Fair value is defined as “the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.” The Company utilizes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value into three broad levels, as follows:
Level 1 - Quoted prices (unadjusted) in active markets for identical assets or liabilities that the Company has the ability to access at the measurement date.
Level 2 - Quoted prices for similar assets or valuations based on inputs that are observable.
Level 3 - Estimates of fair value based on internal pricing methodologies using unobservable inputs. Unobservable inputs are only used to measure fair value to the extent that observable inputs are not available.
    Substantially all of the Company’s fixed maturity securities were priced by independent pricing services. The prices provided by the independent pricing services are estimated based on observable market data in active markets utilizing pricing models and processes, which may include benchmark yields, reported trades, broker/dealer quotes, issuer spreads, two-sided markets, benchmark securities, bids, offers, sector groupings, matrix pricing and reference data. The pricing services may prioritize inputs differently on any given day for any security based on market conditions, and not all inputs are available for each security evaluation on any given day. The pricing services used by the Company have indicated that they will only produce an estimate of fair value if objectively verifiable information is available. The determination of whether markets are active or inactive is based upon the volume and level of activity for a particular asset class. The Company reviews the prices provided by pricing services for reasonableness and periodically performs independent price tests of a sample of securities to ensure proper valuation.
    If prices from independent pricing services are not available for fixed maturity securities, the Company estimates the fair value. For Level 2 securities, the Company utilizes pricing models and processes which may include benchmark yields, sector groupings, matrix pricing, reported trades, broker/dealer quotes, issuer spreads, two-sided markets, bids, offers and reference data. Where broker quotes are used, the Company generally requests two or more quotes and sets a price within the range of quotes received based on its assessment of the credibility of the quote and its own evaluation of the security. The Company generally does not adjust quotes received from brokers. For securities traded only in private negotiations, the Company determines fair value based primarily on the cost of such securities, which is adjusted to reflect prices of recent placements of securities of the same issuer, financial projections, credit quality and business developments of the issuer and other relevant information.
    For Level 3 securities, the Company generally uses a discounted cash flow model to estimate the fair value of fixed maturity securities. The cash flow models are based upon assumptions as to prevailing credit spreads, interest rate and interest rate volatility, time to maturity and subordination levels. Projected cash flows are discounted at rates that are adjusted to reflect illiquidity, where appropriate.
    
19
    The following tables present the assets and liabilities measured at fair value on a recurring basis as of September 30, 2023 and December 31, 2022 by level:
(In thousands)TotalLevel 1Level 2Level 3
September 30, 2023
Assets:
Fixed maturity securities available for sale:
U.S. government and government agency$1,467,199 $— $1,467,199 $— 
State and municipal2,670,998 — 2,670,998 — 
Mortgage-backed2,076,296 — 2,076,296 — 
Asset-backed4,087,458 — 4,087,458 — 
Corporate7,248,814 — 7,248,814 — 
Foreign government1,431,712 — 1,431,712 — 
Total fixed maturity securities available for sale18,982,477 — 18,982,477 — 
Equity securities:
Common stocks961,433 958,202 1,060 2,171 
Preferred stocks220,628 — 216,930 3,698 
Total equity securities1,182,061 958,202 217,990 5,869 
Arbitrage trading account825,049 614,995 206,536 3,518 
Total$20,989,587 $1,573,197 $19,407,003 $9,387 
Liabilities:
Trading account securities sold but not yet purchased$7,538 $7,538 $— $— 
December 31, 2022
Assets:
Fixed maturity securities available for sale:
U.S. government and government agency$892,258 $— $892,258 $— 
State and municipal2,890,098 — 2,890,098 — 
Mortgage-backed1,665,410 — 1,665,410 — 
Asset-backed3,982,773 — 3,982,773 — 
Corporate6,703,992 — 6,703,992 — 
Foreign government1,401,522 — 1,401,522 — 
Total fixed maturity securities available for sale17,536,053 — 17,536,053 — 
Equity securities:
Common stocks982,751 978,991 1,161 2,599 
Preferred stocks203,143 — 191,844 11,299 
Total equity securities1,185,894 978,991 193,005 13,898 
Arbitrage trading account944,230 822,192 118,448 3,590 
Total$19,666,177 $1,801,183 $17,847,506 $17,488 
Liabilities:
Trading account securities sold but not yet purchased$— $— $— $— 

20
    The following tables summarize changes in Level 3 assets and liabilities for the nine months ended September 30, 2023 and for the year ended December 31, 2022:
Gains (Losses) Included In:
(In thousands)Beginning
Balance		Earnings (Losses)Other
Comprehensive
Income (Losses)		ImpairmentsPurchasesSalesPaydowns / MaturitiesTransfers In / (Out)Ending
Balance
Nine Months Ended September 30, 2023
Assets:
Equity securities:
Common stocks$2,599 $(428)$— $— $— $— $— $— $2,171 
Preferred stocks11,299 — — (7,601)— — — — 3,698 
Total13,898 (428)— (7,601)— — — — 5,869 
Arbitrage trading account3,590 (72)— — — — — — 3,518 
Total$17,488 $(500)$— $(7,601)$— $— $— $— $9,387 
Year Ended
December 31, 2022
Assets:
Equity securities:
Common stocks$9,294 $(6,695)$— $— $— $— $— $— $2,599 
Preferred stocks11,296 3 — — 925 (925)— — 11,299 
Total20,590 (6,692)— — 925 (925)— — 13,898 
Arbitrage trading account— (179)— — 4,686 (917)— — 3,590 
Total$20,590 $(6,871)$— $— $5,611 $(1,842)$— $— $17,488 
    For the nine months ended September 30, 2023 and for the year ended December 31, 2022, there were no securities transferred into or out of Level 3.

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(16) Reserves for Loss and Loss Expenses
    The Company's reserves for losses and loss expenses are comprised of case reserves and incurred but not reported liabilities ("IBNR"). When a claim is reported, a case reserve is established for the estimated ultimate payment based upon known information about the claim. As more information about the claim becomes available over time, case reserves are adjusted up or down as appropriate. Reserves are also established on an aggregate basis to provide for IBNR liabilities and expected loss reserve development on reported claims.
    Loss reserves included in the Company’s financial statements represent management’s best estimates based upon an actuarially derived point estimate and other considerations. The Company uses a variety of actuarial techniques and methods to derive an actuarial point estimate for each operating unit. These methods include paid loss development, incurred loss development, paid and incurred Bornhuetter-Ferguson methods and frequency and severity methods. In circumstances where one actuarial method is considered more credible than the others, that method is used to set the point estimate. The actuarial point estimate may also be based on a judgmental weighting of estimates produced from each of the methods considered. Industry loss experience is used to supplement the Company’s own data in selecting “tail factors” in areas where the Company’s own data is limited. The actuarial data is analyzed by line of business, coverage and accident or policy year, as appropriate, for each operating unit.
    The establishment of the actuarially derived loss reserve point estimate also includes consideration of qualitative factors that may affect the ultimate losses. These qualitative considerations include, among others, the impact of re-underwriting initiatives, changes in the mix of business, changes in distribution sources and changes in policy terms and conditions.
    The key assumptions used to arrive at the best estimate of loss reserves are the expected loss ratios, rate of loss cost inflation, and reported and paid loss emergence patterns. Expected loss ratios represent management’s expectation of losses at the time the business is priced and written, before any actual claims experience has emerged. This expectation is a significant determinant of the estimate of loss reserves for recently written business where there is little paid or incurred loss data to consider. Expected loss ratios are generally derived from historical loss ratios adjusted for the impact of rate changes, loss cost trends and known changes in the type of risks underwritten. Expected loss ratios are estimated for each key line of business within each operating unit. Expected loss cost inflation is particularly important for the long-tail lines, such as excess casualty, and claims with a high medical component, such as workers’ compensation. Reported and paid loss emergence patterns are used to project current reported or paid loss amounts to their ultimate settlement value. Loss development factors are based on the historical emergence patterns of paid and incurred losses, and are derived from the Company’s own experience and industry data. The paid loss emergence pattern is also significant to excess and assumed workers’ compensation reserves because those reserves are discounted to their estimated present value based upon such estimated payout patterns.
    Loss frequency and severity are measures of loss activity that are considered in determining the key assumptions described in our discussion of loss and loss expense reserves, including expected loss ratios, rate of loss cost inflation and reported and paid loss emergence patterns. Loss frequency is a measure of the number of claims per unit of insured exposure, and loss severity is a measure of the average size of claims. Factors affecting loss frequency include the effectiveness of loss controls and safety programs and changes in economic activity or weather patterns. Factors affecting loss severity include changes in policy limits, retentions, rate of inflation and judicial interpretations.
    Another factor affecting estimates of loss frequency and severity is the loss reporting lag, which is the period of time between the occurrence of a loss and the date the loss is reported to the Company. The length of the loss reporting lag affects our ability to accurately predict loss frequency (loss frequencies are more predictable for lines with short reporting lags) as well as the amount of reserves needed for incurred but not reported losses (less IBNR is required for lines with short reporting lags). As a result, loss reserves for lines with short reporting lags are likely to have less variation from initial loss estimates. For lines with short reporting lags, which include commercial automobile, primary workers’ compensation, other liability (claims-made) and property business, the key assumption is the loss emergence pattern used to project ultimate loss estimates from known losses paid or reported to date. For lines of business with long reporting lags, which include other liability (occurrence), products liability, excess workers’ compensation and liability reinsurance, the key assumption is the expected loss ratio since there is often little paid or incurred loss data to consider. Historically, the Company has experienced less variation from its initial loss estimates for lines of businesses with short reporting lags than for lines of business with long reporting lags.
    The key assumptions used in calculating the most recent estimate of the loss reserves are reviewed each quarter and adjusted, to the extent necessary, to reflect the latest reported loss data, current trends and other factors observed.
22
    The table below provides a reconciliation of the beginning and ending reserve balances:
September 30,
(In thousands)20232022
Net reserves at beginning of period$14,248,879 $12,848,362 
Net provision for losses and loss expenses:
Claims occurring during the current year (1)4,694,554 4,260,179 
Increase in estimates for claims occurring in prior years (2) (3)27,186 54,632 
Loss reserve discount accretion 22,862 24,835 
Total4,744,602 4,339,646 
Net payments for claims:  
Current year743,416 643,908 
Prior years2,915,979 2,499,319 
Total3,659,395 3,143,227 
Foreign currency translation(48,162)(193,755)
Net reserves at end of period15,285,924 13,851,026 
Ceded reserves at end of period2,987,386 2,689,097 
Gross reserves at end of period$18,273,310 $16,540,123 
_______________________________________
(1) Claims occurring during the current year are net of loss reserve discounts of $35 million and $26 million for the nine months ended September 30, 2023 and 2022, respectively.
(2) The change in estimates for claims occurring in prior years is net of loss reserve discount. On an undiscounted basis, the estimates for claims occurring in prior years decreased by $12 million and increased by $20 million for the nine months ended September 30, 2023 and 2022, respectively.
(3) For certain retrospectively rated insurance policies and reinsurance agreements, reserve development is offset by additional or return premiums. Adverse development, net of additional and return premiums, was $20 million and $37 million for the nine months ended September 30, 2023 and 2022, respectively.
The COVID-19 global pandemic impacted, and may further impact, the Company’s loss costs. Accordingly, the ultimate net impact of COVID-19 on the Company’s reserves remains uncertain. As of September 30, 2023, the Company had recognized losses for COVID-19-related claims activity, net of reinsurance, of approximately $354 million, of which $299 million relates to the Insurance segment and $55 million relates to the Reinsurance & Monoline Excess segment. Such $354 million of COVID-19-related losses are considered reported losses. For the nine months ended September 30, 2023, the Company recognized current accident year losses for COVID-19-related claims activity, net of reinsurance, of approximately $670 thousand, all of which relates to the Insurance segment.
During the nine months ended September 30, 2023, adverse prior year development (net of additional and return premiums) of $20 million included $26 million of adverse development for the Insurance segment, partially offset by $6 million of favorable development for the Reinsurance & Monoline Excess segment.
Such adverse development during the nine months ended September 30, 2023 was concentrated in the first quarter, with $24 million of adverse development (net of additional and return premiums) in the first quarter, partially offset by favorable development of $4 million in the second and third quarters. This overall adverse development during the first quarter in both business segments was due to property catastrophe losses related to 2022 events which were still being adjusted and settled. In particular, losses related to U.S. winter storms which occurred during the month of December were a significant driver of the development, as information gathering and evaluation of many of these losses was still ongoing into the new year.
For the Insurance segment, in addition to the property prior year adverse development discussed above, the adverse development during the nine months ended September 30, 2023 included adverse prior year development on casualty lines for the 2016 through 2019 accident years, which was largely offset by favorable prior year development on casualty lines for the 2020 through 2022 accident years. The adverse development on the 2016 through 2019 accident years was concentrated in the general liability line of business, and to a lesser degree professional liability, including medical professional, and commercial auto liability. The development, which particularly impacted business attaching excess of primary policy limits, was driven by a larger than expected number of large losses reported. The Company believes social inflation is contributing to an increase in the frequency of large losses for these accident years. Social inflation can include higher settlement demands from plaintiffs, use of tactics such as litigation funding by the plaintiffs’ bar, negative public sentiment towards large businesses and corporations, and erosion of tort reforms, among others.
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The favorable prior year development on casualty lines for the 2020 through 2022 accident years in the Insurance segment was concentrated in the professional liability, workers’ compensation, and general liability lines of business. Due to uncertainty regarding incurred loss frequency and severity in light of ongoing social inflation and the impacts of the COVID-19 pandemic, the Company set its initial loss ratios for the 2020 through 2022 accident years prudently, and largely maintained these estimates through the end of each respective accident year. The reported loss experience to date for these lines of business for the 2020 through 2022 accident years has been significantly better than was expected, and the Company has begun to react to this favorable emergence as the accident years mature beyond the age of 12 months. However, commercial auto liability experienced adverse prior year development for the 2020 through 2022 accident years, partially offsetting the favorable development discussed above, which was driven by a larger than expected number of large losses reported.
For the Reinsurance & Monoline Excess segment, the favorable development during the nine months ended September 30, 2023 was driven mainly by favorable development in excess workers’ compensation, partially offset by adverse development in property (discussed above) and non-proportional reinsurance assumed liability lines of business. The favorable excess workers’ compensation development was driven by continued lower claim frequency and reported losses relative to our expectations, and to favorable claim settlements. The favorable development was spread across many prior accident years. The adverse development on reinsurance assumed liability was associated primarily with our U.S. assumed reinsurance business, and related to accounts reinsuring excess and umbrella business and construction projects. The adverse development was concentrated mainly in accident years 2017 through 2020.
During the nine months ended September 30, 2022, adverse prior year development (net of additional and return premiums) of $37 million included $33 million for the Insurance segment and $4 million for the Reinsurance & Monoline Excess segment.
The adverse development for the Insurance segment primarily related to COVID-19 losses at two businesses. These businesses wrote policies providing coverage for event cancellation and film production delay which were heavily impacted by losses directly caused by the COVID-19 pandemic. Most of this COVID-19-related adverse development emerged during the third quarter as a result of settlements of claims at values higher than our expectations.
The adverse development mentioned above includes favorable prior year development for the Insurance segment primarily attributable to the 2020 and 2021 accident years and adverse development on the 2015 through 2019 accident years. The favorable development on the 2020 and 2021 accident years was concentrated in the other liability lines of business, including professional liability, products liability, commercial multi-peril liability and workers’ compensation. The Company experienced lower reported claim frequency in these lines of business during 2020 and 2021 relative to historical averages, and continues to experience lower reported incurred losses relative to our expectations for these accident years as they develop during 2022. These trends began in 2020 and we believe were caused by the impacts of the COVID-19 pandemic, including for example, lockdowns, reduced driving/traffic and increased work from home. Due to the ongoing uncertainty regarding the ultimate impacts of the pandemic on accident years 2020 and 2021 incurred losses, the Company has been cautious in reacting to these lower trends in setting and updating its loss ratio estimates for these years. As these accident years have continued to mature, the Company has continued to recognize some of the favorable reported experience in its ultimate loss estimates made during 2022.
The adverse development on the 2015 through 2019 accident years was concentrated in the other liability and professional liability, including medical professional, lines of business, as well as commercial auto liability. The development was driven by a larger than expected number of large losses reported. The Company believes social inflation is contributing to an increase in the frequency of large losses for these accident years. Social inflation can include higher settlement demands from plaintiffs, use of tactics such as litigation funding by the plaintiffs’ bar, negative public sentiment towards large businesses and corporations, and erosion of tort reforms, among others.
The overall slight adverse development for the Reinsurance & Monoline Excess segment was driven mainly by adverse development in the professional liability and non-proportional reinsurance assumed property and liability lines of business, substantially offset by favorable development in excess workers’ compensation. The adverse development was spread mainly across accident years 2015 through 2021 and was associated primarily with our U.S. assumed reinsurance business and related to accounts insuring construction projects and professional liability exposures. The favorable excess workers’ compensation development was mainly in 2011 and prior accident years, and was driven by a review of the Company’s claim reporting patterns as well as a number of favorable claim settlements relative to expectations.

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(17) Fair Value of Financial Instruments
    The following table presents the carrying amounts and estimated fair values of the Company’s financial instruments:
  September 30, 2023December 31, 2022
(In thousands)Carrying ValueFair ValueCarrying ValueFair Value
Assets:
Fixed maturity securities$19,035,305 $19,037,149 $17,587,349 $17,591,626 
Equity securities1,182,061 1,182,061 1,185,894 1,185,894 
Arbitrage trading account825,049 825,049 944,230 944,230 
Loans receivable177,750 174,300 193,002 187,981 
Cash and cash equivalents1,646,074 1,646,074 1,449,346 1,449,346 
Trading account receivables from brokers and clearing organizations401,982 401,982 233,863 233,863 
     Due from broker— — 3,609 3,609 
Liabilities:
Due to broker5,118 5,118 — — 
Trading account securities sold but not yet purchased7,538 7,538 — — 
Senior notes and other debt1,828,046 1,321,014 1,828,823 1,439,188 
Subordinated debentures1,008,910 786,798 1,008,371 805,600 
    The estimated fair values of the Company’s fixed maturity securities, equity securities and arbitrage trading account securities are based on various valuation techniques that rely on fair value measurements as described in Note 15. The fair value of loans receivable are estimated by using current institutional purchaser yield requirements for loans with similar credit characteristics, which is considered a Level 2 input. The fair value of the senior notes and other debt and the subordinated debentures is based on spreads for similar securities, which is considered a Level 2 input.

(18) Premiums and Reinsurance Related Information
The following is a summary of insurance and reinsurance financial information:
For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Written premiums:
Direct$3,037,932 $2,775,236 $8,762,249 $8,075,311 
Assumed315,273 306,702 977,047 918,864 
Ceded(504,746)(504,664)(1,504,497)(1,418,012)
Total net premiums written$2,848,459 $2,577,274 $8,234,799 $7,576,163 
Earned premiums:
Direct$2,825,176 $2,617,680 $8,217,888 $7,533,856 
Assumed316,134 318,962 913,795 903,882 
Ceded(499,396)(494,681)(1,445,610)(1,389,533)
Total net premiums earned$2,641,914 $2,441,961 $7,686,073 $7,048,205 
Ceded losses and loss expenses incurred$320,995 $347,439 $970,267 $905,667 
Ceded commissions earned$118,207 $121,721 $354,148 $356,157 
    The following table presents the rollforward of the allowance for expected credit losses for premiums and fees receivable for the nine months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$30,660 $25,218 
Change in expected credit losses2,942 5,360 
Allowance for expected credit losses, end of period$33,602 $30,578 
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The following table presents the rollforward of the allowance for expected credit losses for premiums and fees receivable for the three months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$32,770 $30,557 
Change in expected credit losses832 21 
Allowance for expected credit losses, end of period$33,602 $30,578 
The Company reinsures a portion of its insurance exposures in order to reduce its net liability on individual risks and catastrophe losses. The Company also cedes premiums to state assigned risk plans and captive insurance companies. Estimated amounts due from reinsurers are reported net of an allowance for expected credit losses.
The following table presents the rollforward of the allowance for expected credit losses associated with due from reinsurers for the nine months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$8,064 $7,713 
Change in expected credit losses1,379 286 
Allowance for expected credit losses, end of period$9,443 $7,999 
The following table presents the rollforward of the allowance for expected credit losses associated with due from reinsurers for the three months ended September 30, 2023 and 2022:
(In thousands)20232022
Allowance for expected credit losses, beginning of period$9,365 $7,744 
Change in expected credit losses78 255 
Allowance for expected credit losses, end of period$9,443 $7,999 

(19) Restricted Stock Units
    Pursuant to its stock incentive plan, the Company may issue restricted stock units ("RSUs") to employees of the Company and its subsidiaries. The RSUs generally vest three to five years from the award date and are subject to other vesting and forfeiture provisions contained in the award agreement. RSUs are expensed pro-ratably over the vesting period. RSU expenses were $36 million and $34 million for the nine months ended September 30, 2023 and 2022, respectively. A summary of RSUs issued in the nine months ended September 30, 2023 and 2022 follows:
($ in thousands)
UnitsFair Value
20231,092,130 $68,936 
20221,023,871 $67,345 


(20) Litigation and Contingent Liabilities
    In the ordinary course of business, the Company is subject to disputes, litigation and arbitration arising from its insurance and reinsurance businesses. These matters are generally related to insurance and reinsurance claims and are considered in the establishment of loss and loss expense reserves. In addition, the Company may also become involved in legal actions which seek extra-contractual damages, punitive damages or penalties, including claims alleging bad faith in handling of insurance claims. The Company expects its ultimate liability with respect to such matters will not be material to its financial condition. However, adverse outcomes on such matters are possible, from time to time, and could be material to the Company’s results of operations in any particular financial reporting period.




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(21) Leases
    Lessees are required to recognize a right-of-use asset and a lease liability for leases with terms of more than 12 months on the balance sheet. All leases disclosed within this footnote are classified as operating leases. Recognized right-of-use asset and lease liability are reported within other assets and other liabilities, respectively, in the consolidated balance sheet. Lease expense is reported in other operating costs and expenses in the consolidated statement of income and accounted for on a straight-line basis over the lease term.
    To determine the discount rate used to calculate present value of future minimum lease payments, the Company uses its incremental borrowing rate during the lease commencement period in line with the respective lease duration. In certain cases, the Company has the option to renew the lease. Lease renewal future payments are included in the present value of the future minimum lease payments when the Company determines it is reasonably certain to renew.
The main leases entered into by the Company are for office space used by the Company’s operating units across the world. Additionally, the Company, to a lesser extent, has equipment leases mainly for office equipment. Further information relating to operating lease expense and other operating lease information are as follows:
 For the Three Months Ended
September 30,		For the Nine Months Ended September 30,
(In thousands)2023202220232022
Leases:
Lease cost$10,122 $11,299 $30,448 $33,649 
Cash paid for amounts included in the measurement of lease liabilities reported in operating cash flows$11,403 $11,082 $33,247 $33,128 
Right-of-use assets obtained in exchange for new lease liabilities$6,543 $1,527 $14,489 $21,729 
As of September 30,
($ in thousands)20232022
Right-of-use assets$155,662$163,940
Lease liabilities$188,141$199,889
Weighted-average remaining lease term6.9 years7.1 years
Weighted-average discount rate4.55 %4.50 %
Contractual maturities of the Company’s future minimum lease payments are as follows:
(In thousands)September 30, 2023
Contractual Maturities:
2023$12,171 
202444,531 
202536,167 
202628,933 
202719,144 
Thereafter74,394 
Total undiscounted future minimum lease payments215,340 
Less: Discount impact27,199 
Total lease liability$188,141 
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(22) Business Segments
    The Company’s reportable segments include the following two business segments, plus a corporate segment:
•Insurance - predominantly commercial insurance business, including excess and surplus lines, admitted lines and specialty personal lines throughout the United States, as well as insurance business in Asia, Australia, Canada, Continental Europe, Mexico, Scandinavia, South America and the United Kingdom.
•Reinsurance & Monoline Excess - reinsurance business on a facultative and treaty basis, primarily in the United States, the United Kingdom, Continental Europe, Australia, the Asia-Pacific Region and South Africa, as well as operations that solely retain risk on an excess basis.
    The accounting policies of the segments are the same as those described in the summary of significant accounting policies. Income tax expense and benefits are calculated based upon the Company's overall effective tax rate.
    Summary financial information about the Company's reporting segments is presented in the following tables. Income (loss) before income taxes by segment includes allocated investment income. Identifiable assets by segment are those assets used in or allocated to the operation of each segment.
  Revenues  
(In thousands)Earned
Premiums (1)		Investment
Income 		OtherTotal (2)Pre-Tax Income (Loss)Net Income (Loss) to Common Stockholders
Three months ended September 30, 2023
Insurance$2,319,435 $206,792 $9,143 $2,535,370 $415,279 $329,519 
Reinsurance & Monoline Excess322,479 56,259 — 378,738 106,072 83,314 
Corporate, other and eliminations (3)— 7,893 151,063 158,956 (58,976)(46,226)
Net investment losses— — (42,426)(42,426)(42,426)(33,021)
Total$2,641,914 $270,944 $117,780 $3,030,638 $419,949 $333,586 
Three months ended September 30, 2022
Insurance$2,129,014 $134,519 $8,341 $2,271,874 $322,312 $258,521 
Reinsurance & Monoline Excess312,947 55,234 — 368,181 59,561 46,875 
Corporate, other and eliminations (3)— 13,063 138,692 151,755 (28,198)(23,563)
Net investment losses— — (67,410)(67,410)(67,410)(52,954)
Total$2,441,961 $202,816 $79,623 $2,724,400 $286,265 $228,879 
Nine months ended September 30, 2023
Insurance$6,747,704 $560,182 $27,570 $7,335,456 $1,153,742 $903,575 
Reinsurance & Monoline Excess938,369 148,525 — 1,086,894 313,290 248,279 
Corporate, other and eliminations (3)— 30,787 429,180 459,967 (253,066)(199,040)
Net investment gains— — 39,239 39,239 39,239 31,206 
Total$7,686,073 $739,494 $495,989 $8,921,556 $1,253,205 $984,020 
Nine months ended September 30, 2022
Insurance$6,162,005 $386,297 $25,354 $6,573,656 $1,052,185 $850,207 
Reinsurance & Monoline Excess886,200 139,768 — 1,025,968 209,366 167,329 
Corporate, other and eliminations (3)— 21,837 403,937 425,774 (147,590)(119,530)
Net investment gains— — 127,299 127,299 127,299 100,833 
Total$7,048,205 $547,902 $556,590 $8,152,697 $1,241,260 $998,839 
_________________
(1) Certain amounts included in earned premiums of each segment are related to inter-segment transactions.
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(2) Revenues for Insurance from foreign operations for the three months ended September 30, 2023 and 2022 were $298 million and $252 million, respectively, and for the nine months ended September 30, 2023 and 2022 were $852 million and $750 million, respectively. Revenues for Reinsurance & Monoline Excess from foreign operations for the three months ended September 30, 2023 and 2022 were $124 million and $117 million, respectively, and for the nine months ended September 30, 2023 and 2022 were $333 million and $307 million, respectively.
(3) Corporate, other and eliminations represent corporate revenues and expenses that are not allocated to business segments.

Identifiable Assets
(In thousands)September 30,
2023		December 31,
2022
Insurance$28,862,050 $27,012,479 
Reinsurance & Monoline Excess5,194,783 5,195,752 
Corporate, other and eliminations2,054,515 1,606,872 
Consolidated$36,111,348 $33,815,103 


    Net premiums earned by major line of business are as follows:
 For the Three Months
Ended September 30,		For the Nine Months
Ended September 30,
(In thousands)2023202220232022
Insurance:
Other liability$918,054 $824,595 $2,668,831 $2,363,349 
Short-tail lines (1)490,598 407,211 1,383,654 1,184,191 
Commercial automobile335,572 307,754 965,416 891,729 
Workers' compensation300,694 307,323 905,405 892,390 
Professional liability274,517 282,131 824,398 830,346 
Total Insurance2,319,435 2,129,014 6,747,704 6,162,005 
Reinsurance & Monoline Excess:
Casualty reinsurance192,071 193,726 574,660 568,507 
Monoline excess (2)60,363 54,675 177,853 161,181 
Property reinsurance70,045 64,546 185,856 156,512 
Total Reinsurance & Monoline Excess322,479 312,947 938,369 886,200 
Total$2,641,914 $2,441,961 $7,686,073 $7,048,205 
______________
(1) Short-tail lines include commercial multi-peril (non-liability), inland marine, accident and health, fidelity and surety, boiler and machinery and other lines.
(2) Monoline excess includes operations that solely retain risk on an excess basis.



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SAFE HARBOR STATEMENT
    
    This is a “Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995. Any forward-looking statements contained herein, including statements related to our outlook for the industry and for our performance for the year 2023 and beyond, are based upon the Company’s historical performance and on current plans, estimates and expectations. The inclusion of this forward-looking information should not be regarded as a representation by us or any other person that the future plans, estimates or expectations contemplated by us will be achieved. They are subject to various risks and uncertainties, including but not limited to: the cyclical nature of the property casualty industry; the impact of significant competition, including new entrants to the industry; the long-tail and potentially volatile nature of the insurance and reinsurance business; product demand and pricing; claims development and the process of estimating reserves; investment risks, including those of our portfolio of fixed maturity securities and investments in equity securities, including investments in financial institutions, municipal bonds, mortgage-backed securities, loans receivable, investment funds, including real estate, merger arbitrage, energy related and private equity investments; the effects of emerging claim and coverage issues; the uncertain nature of damage theories and loss amounts, including claims for cybersecurity-related risks; natural and man-made catastrophic losses, including as a result of terrorist activities; the ongoing effects of the COVID-19 pandemic, or other epidemics and pandemics; the impact of climate change, which may alter the frequency and increase the severity of catastrophe events; general economic and market activities, including inflation, changing interest rates, and volatility in the credit and capital markets; the impact of the conditions in the financial markets and the global economy, and the potential effect of legislative, regulatory, accounting or other initiatives taken in response, on our results and financial condition; foreign currency and political risks relating to our international operations; our ability to attract and retain key personnel and qualified employees; continued availability of capital and financing; the success of our new ventures or acquisitions and the availability of other opportunities; the availability of reinsurance; our retention under the Terrorism Risk Insurance Program Reauthorization Act of 2019; the ability or willingness of our reinsurers to pay reinsurance recoverables owed to us; other legislative and regulatory developments, including those related to business practices in the insurance industry; credit risk related to our policyholders, independent agents and brokers; changes in the ratings assigned to us or our insurance company subsidiaries by rating agencies; the availability of dividends from our insurance company subsidiaries; cyber security breaches of our information technology systems and the information technology systems of our vendors and other third parties, or related processes and systems; the effectiveness of our controls to ensure compliance with guidelines, policies and legal and regulatory standards; and other risks detailed from time to time in the Company’s filings with the Securities and Exchange Commission.
    These risks and uncertainties could cause our actual results for the year 2023 and beyond to differ materially from those expressed in any forward-looking statement we make. Any projections of growth in our revenues would not necessarily result in commensurate levels of earnings. Our future financial performance is dependent upon factors discussed in our Annual Report on Form 10-K, elsewhere in this Form 10-Q and our other SEC filings. Forward-looking statements speak only as of the date on which they are made. Except to the extent required by applicable laws, the Company does not undertake any obligation to update or revise any forward-looking statement, whether as a result of new information, future developments or otherwise.

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Item 2.     Management’s Discussion and Analysis of Financial Condition and Results of Operations

Overview
    W. R. Berkley Corporation is an insurance holding company that is among the largest commercial lines writers in the United States and operates worldwide in two segments of the property and casualty business: Insurance and Reinsurance & Monoline Excess. Our decentralized structure provides us with the flexibility to respond quickly and efficiently to local or specific market conditions and to pursue specialty business niches. It also allows us to be closer to our customers in order to better understand their individual needs and risk characteristics. While providing our business units with certain operating autonomy, our structure allows us to capitalize on the benefits of economies of scale through centralized capital, investment, reinsurance, enterprise risk management, and actuarial, financial and corporate legal staff support. The Company’s primary sources of revenues and earnings are its insurance operations and its investments.
    An important part of our strategy is to form new operating units to capitalize on various business opportunities. Over the years, the Company has formed numerous operating units that are focused on important parts of the economy in the U.S., including healthcare, cyber security, energy and agriculture, and on growing international markets, including the Asia-Pacific region, South America and Mexico.
    The profitability of the Company’s insurance business is affected primarily by the adequacy of premium rates. The ultimate adequacy of premium rates is not known with certainty at the time an insurance policy is issued because premiums are determined before claims are reported. The ultimate adequacy of premium rates is affected mainly by the severity and frequency of claims, which are influenced by many factors, including natural and other disasters, regulatory measures and court decisions that define and change the extent of coverage and the effects of economic inflation on the amount of compensation for injuries or losses. General insurance prices are also influenced by available insurance capacity, i.e., the level of capital employed in the industry, and the industry’s willingness to deploy that capital.
    The Company’s profitability is also affected by its investment income and investment gains. The Company’s invested assets are invested principally in fixed maturity securities. The return on fixed maturity securities is affected primarily by general interest rates, as well as the credit quality and duration of the securities.
    The Company also invests in equity securities, merger arbitrage securities, investment funds, private equity, loans and real estate-related assets. The Company's investments in investment funds and its other alternative investments have experienced, and the Company expects to continue to experience, greater fluctuations in investment income. The Company's share of the earnings or losses from investment funds is generally reported on a one-quarter lag in order to facilitate the timely completion of the Company's consolidated financial statements.
In June 2023, the Company completed a sale of the property and casualty insurance services division of Breckenridge IS, Inc. and recognized a pre-tax net realized gain on investment of $88 million.
On March 7, 2022, the Company sold a real estate investment consisting of an office building located in London for £718 million. The Company realized a pre-tax gain of $317 million in the first quarter of 2022, before transaction expenses and the impact of foreign currency, including the reversal of the currency translation adjustment. The gain was $251 million after such adjustments.
The ultimate impact of COVID-19 on the economy and the Company’s results of operations, financial position and liquidity is not within the Company’s control and remains unclear due to, among other factors, its ongoing impact and uncertainty in connection with its claims, reserves and reinsurance recoverables.


Critical Accounting Estimates
    The following presents a discussion of accounting policies and estimates relating to reserves for losses and loss expenses, assumed premiums and allowance for expected credit losses on investments. Management believes these policies and estimates are the most critical to its operations and require the most difficult, subjective and complex judgments.
    Reserves for Losses and Loss Expenses. To recognize liabilities for unpaid losses, either known or unknown, insurers establish reserves, which is a balance sheet account representing estimates of future amounts needed to pay claims and related expenses with respect to insured events which have occurred. Estimates and assumptions relating to reserves for losses and loss expenses are based on complex and subjective judgments, often including the interplay of specific uncertainties with related accounting and actuarial measurements. Such estimates are also susceptible to change as significant periods of time may
31
elapse between the occurrence of an insured loss, the report of the loss to the insurer, the ultimate determination of the cost of the loss and the insurer’s payment of that loss.
    In general, when a claim is reported, claims personnel establish a “case reserve” for the estimated amount of the ultimate payment based upon known information about the claim at that time. The estimate represents an informed judgment based on general reserving practices and reflects the experience and knowledge of the claims personnel regarding the nature and value of the specific type of claim. Reserves are also established on an aggregate basis to provide for losses incurred but not reported (“IBNR”) to the insurer, potential inadequacy of case reserves and the estimated expenses of settling claims, including legal and other fees and general expenses of administrating the claims adjustment process. Reserves are established based upon the then current legal interpretation of coverage provided.
    In examining reserve adequacy, several factors are considered in estimating the ultimate economic value of losses. These factors include, among other things, historical data, legal developments, changes in social attitudes and economic conditions, including the effects of inflation. The actuarial process relies on the basic assumption that past experience, adjusted judgmentally for the effects of current developments and anticipated trends, is an appropriate basis for predicting future outcomes. Reserve amounts are based on management’s informed estimates and judgments using currently available data. As additional experience and other data become available and are reviewed, these estimates and judgments may be revised. This may result in reserve increases or decreases that would be reflected in our results in periods in which such estimates and assumptions are changed.
    Reserves do not represent an exact calculation of liability. Rather, reserves represent an estimate of what management expects the ultimate settlement and claim administration will cost. While the methods for establishing reserves are well tested over time, some of the major assumptions about anticipated loss emergence patterns are subject to uncertainty. These estimates, which generally involve actuarial projections, are based on management’s assessment of facts and circumstances then known, as well as estimates of trends in claims severity and frequency, judicial theories of liability and other factors, including the actions of third parties which are beyond the Company’s control. These variables are affected by external and internal events, such as inflation and economic volatility, judicial and litigation trends, reinsurance coverage, legislative changes and claim handling and reserving practices, which make it more difficult to accurately predict claim costs. The inherent uncertainties of estimating reserves are greater for certain types of liabilities where long periods of time elapse before a definitive determination of liability is made. Because setting reserves is inherently uncertain, the Company cannot provide assurance that its current reserves will prove adequate in light of subsequent events.
    Loss reserves included in the Company’s financial statements represent management’s best estimates based upon an actuarially derived point estimate and other considerations. The Company uses a variety of actuarial techniques and methods to derive an actuarial point estimate for each operating unit. These methods include paid loss development, incurred loss development, paid and incurred Bornhuetter-Ferguson methods and frequency and severity methods. In circumstances where one actuarial method is considered more credible than the others, that method is used to set the point estimate. For example, the paid loss and incurred loss development methods rely on historical paid and incurred loss data. For new lines of business, where there is insufficient history of paid and incurred claims data, or in circumstances where there have been significant changes in claim practices, the paid and incurred loss development methods would be less credible than other actuarial methods. The actuarial point estimate may also be based on a judgmental weighting of estimates produced from each of the methods considered. Industry loss experience is used to supplement the Company’s own data in selecting “tail factors” and in areas where the Company’s own data is limited. The actuarial data is analyzed by line of business, coverage and accident or policy year, as appropriate, for each operating unit.
    The establishment of the actuarially derived loss reserve point estimate also includes consideration of qualitative factors that may affect the ultimate losses. These qualitative considerations include, among others, the impact of re-underwriting initiatives, changes in the mix of business, changes in distribution sources and changes in policy terms and conditions. Examples of changes in terms and conditions that can have a significant impact on reserve levels are the use of aggregate policy limits, the expansion of coverage exclusions, whether or not defense costs are within policy limits, and changes in deductibles and attachment points.
    The key assumptions used to arrive at the best estimate of loss reserves are the expected loss ratios, rate of loss cost inflation, and reported and paid loss emergence patterns. Expected loss ratios represent management’s expectation of losses at the time the business is written, before any actual claims experience has emerged. This expectation is a significant determinant of the estimate of loss reserves for recently written business where there is little paid or incurred loss data to consider. Expected loss ratios are generally derived from historical loss ratios adjusted for the impact of rate changes, loss cost trends and known changes in the type of risks underwritten. Expected loss ratios are estimated for each key line of business within each operating unit. Expected loss cost inflation is particularly important for the long-tail lines, such as excess casualty, and claims with a high medical component, such as workers’ compensation. Reported and paid loss emergence patterns are used to project current
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reported or paid loss amounts to their ultimate settlement value. Loss development factors are based on the historical emergence patterns of paid and incurred losses, and are derived from the Company’s own experience and industry data. The paid loss emergence pattern is also significant to excess and assumed workers’ compensation reserves because those reserves are discounted to their estimated present value based upon such estimated payout patterns. Management believes the estimates and assumptions it makes in the reserving process provide the best estimate of the ultimate cost of settling claims and related expenses with respect to insured events which have occurred; however, different assumptions and variables could lead to significantly different reserve estimates.
    Loss frequency and severity are measures of loss activity that are considered in determining the key assumptions described in our discussion of loss and loss expense reserves, including expected loss ratios, rate of loss cost inflation and reported and paid loss emergence patterns. Loss frequency is a measure of the number of claims per unit of insured exposure, and loss severity is a measure of the average size of claims. Factors affecting loss frequency include the effectiveness of loss controls and safety programs and changes in economic activity or weather patterns. Factors affecting loss severity include changes in policy limits, retentions, rate of inflation and judicial interpretations.
    Another factor affecting estimates of loss frequency and severity is the loss reporting lag, which is the period of time between the occurrence of a loss and the date the loss is reported to the Company. The length of the loss reporting lag affects our ability to accurately predict loss frequency (loss frequencies are more predictable for lines with short reporting lags) as well as the amount of reserves needed for incurred but not reported losses (less IBNR is required for lines with short reporting lags). As a result, loss reserves for lines with short reporting lags are likely to have less variation from initial loss estimates. For lines with short reporting lags, which include commercial automobile, primary workers’ compensation, other liability (claims-made) and property business, the key assumption is the loss emergence pattern used to project ultimate loss estimates from known losses paid or reported to date. For lines of business with long reporting lags, which include other liability (occurrence), products liability, excess workers’ compensation and liability reinsurance, the key assumption is the expected loss ratio since there is often little paid or incurred loss data to consider. Historically, the Company has experienced less variation from its initial loss estimates for lines of businesses with short reporting lags than for lines of business with long reporting lags.
    The key assumptions used in calculating the most recent estimate of the loss reserves are reviewed each quarter and adjusted, to the extent necessary, to reflect the latest reported loss data, current trends and other factors observed. If the actual level of loss frequency and severity are higher or lower than expected, the ultimate losses will be different than management’s estimate. The following table reflects the impact of changes (which could be favorable or unfavorable) in frequency and severity, relative to our assumptions, on our loss estimate for claims occurring in 2022:
(In thousands)Frequency (+/-)
Severity (+/-)1%5%10%
1%$116,072 $349,370 $640,993 
5%349,370 591,908 895,081 
10%640,993 895,081 1,212,690 
    Our net reserves for losses and loss expenses of approximately $15.3 billion as of September 30, 2023 relate to multiple accident years. Therefore, the impact of changes in frequency or severity for more than one accident year could be higher or lower than the amounts reflected above. The impact of such changes would likely be manifested gradually over the course of many years, as the magnitude of the changes became evident.
    Approximately $3.1 billion, or 20%, of the Company’s net loss reserves as of September 30, 2023 relate to the Reinsurance & Monoline Excess segment. There is a higher degree of uncertainty and greater variability regarding estimates of excess workers' compensation and assumed reinsurance loss reserves. In the case of excess workers’ compensation, our policies generally attach at $1 million or higher. The claims which reach our layer therefore tend to involve the most serious injuries and many remain open for the lifetime of the claimant, which extends the claim settlement tail. These claims also occur less frequently but tend to be larger than primary claims, which increases claim variability. In the case of assumed reinsurance our loss reserve estimates are based, in part, upon information received from ceding companies. If information received from ceding companies is not timely or correct, the Company’s estimate of ultimate losses may not be accurate. Furthermore, due to delayed reporting of claim information by ceding companies, the claim settlement tail for assumed reinsurance is also extended. Management considers the impact of delayed reporting and the extended tail in its selection of loss development factors for these lines of business.
    Information received from ceding companies is used to set initial expected loss ratios, to establish case reserves and to estimate reserves for incurred but not reported losses on assumed reinsurance business. This information, which is generally provided through reinsurance intermediaries, is gathered through the underwriting process and from periodic claim reports and other correspondence with ceding companies. The Company performs underwriting and claim audits of selected ceding
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companies to determine the accuracy and completeness of information provided to the Company. The information received from the ceding companies is supplemented by the Company’s own loss development experience with similar lines of business as well as industry loss trends and loss development benchmarks.
    Following is a summary of the Company’s reserves for losses and loss expenses by business segment:
(In thousands)September 30,
2023		December 31,
2022
Insurance$12,205,280 $11,233,924 
Reinsurance & Monoline Excess3,080,644 3,014,955 
Net reserves for losses and loss expenses15,285,924 14,248,879 
Ceded reserves for losses and loss expenses2,987,386 2,762,344 
Gross reserves for losses and loss expenses$18,273,310 $17,011,223 

    Following is a summary of the Company’s net reserves for losses and loss expenses by major line of business:
(In thousands)Reported Case
Reserves		Incurred But
Not Reported		Total
September 30, 2023
Other liability$1,862,458 $4,371,078 $6,233,536 
Workers’ compensation (1)1,020,327 819,013 1,839,340 
Professional liability526,656 1,397,442 1,924,098 
Commercial automobile694,854 681,336 1,376,190 
Short-tail lines (2)388,558 443,558 832,116 
Total Insurance4,492,853 7,712,427 12,205,280 
Reinsurance & Monoline Excess (1) (3)1,549,878 1,530,766 3,080,644 
Total$6,042,731 $9,243,193 $15,285,924 
December 31, 2022
Other liability$1,808,700 $3,826,444 $5,635,144 
Workers’ compensation (1)1,023,961 899,215 1,923,176 
Professional liability501,572 1,243,604 1,745,176 
Commercial automobile629,149 528,398 1,157,547 
Short-tail lines (2)403,974 368,907 772,881 
Total Insurance4,367,356 6,866,568 11,233,924 
Reinsurance & Monoline Excess (1) (3)1,551,687 1,463,268 3,014,955 
Total$5,919,043 $8,329,836 $14,248,879 
___________
(1) Reserves for workers’ compensation and Reinsurance & Monoline Excess are net of an aggregate net discount of $390 million and $416 million as of September 30, 2023 and December 31, 2022, respectively.
(2) Short-tail lines include commercial multi-peril (non-liability), inland marine, accident and health, fidelity and surety, boiler and machinery and other lines.
(3) Reinsurance & Monoline Excess includes property and casualty reinsurance, as well as operations that solely retain risk on an excess basis.
    The Company evaluates reserves for losses and loss adjustment expenses on a quarterly basis. Changes in estimates of prior year losses are reported when such changes are made. The changes in prior year loss reserve estimates are generally the result of ongoing analysis of recent loss development trends. Original estimates are increased or decreased as additional information becomes known regarding individual claims and aggregate claim trends.
    Certain of the Company's insurance and reinsurance contracts are retrospectively rated, whereby the Company collects more or less premiums based on the level of loss activity. For those contracts, changes in loss and loss adjustment expenses for prior years may be fully or partially offset by additional or return premiums.
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    Net prior year development (i.e., the sum of prior year reserve changes and prior year earned premiums changes) for the nine months ended September 30, 2023 and 2022 are as follows:
(In thousands)20232022
Increase in prior year loss reserves$(27,186)$(54,632)
Increase in prior year earned premiums7,291 17,953 
Net unfavorable prior year development$(19,895)$(36,679)
The COVID-19 global pandemic impacted, and may further impact, the Company’s loss costs. Accordingly, the ultimate net impact of COVID-19 on the Company’s reserves remains uncertain. As of September 30, 2023, the Company had recognized losses for COVID-19-related claims activity, net of reinsurance, of approximately $354 million, of which $299 million relates to the Insurance segment and $55 million relates to the Reinsurance & Monoline Excess segment. Such $354 million of COVID-19-related losses are considered reported losses. For the nine months ended September 30, 2023, the Company recognized current accident year losses for COVID-19-related claims activity, net of reinsurance, of approximately $670 thousand, all of which relates to the Insurance segment.
During the nine months ended September 30, 2023, adverse prior year development (net of additional and return premiums) of $20 million included $26 million of adverse development for the Insurance segment, partially offset by $6 million of favorable development for the Reinsurance & Monoline Excess segment.
Such adverse development during the nine months ended September 30, 2023 was concentrated in the first quarter, with $24 million of adverse development (net of additional and return premiums) in the first quarter, partially offset by favorable development of $4 million in the second and third quarters. This overall adverse development during the first quarter in both business segments was due to property catastrophe losses related to 2022 events which were still being adjusted and settled. In particular, losses related to U.S. winter storms which occurred during the month of December were a significant driver of the development, as information gathering and evaluation of many of these losses was still ongoing into the new year.
For the Insurance segment, in addition to the property prior year adverse development discussed above, the adverse development during the nine months ended September 30, 2023 included adverse prior year development on casualty lines for the 2016 through 2019 accident years, which was largely offset by favorable prior year development on casualty lines for the 2020 through 2022 accident years. The adverse development on the 2016 through 2019 accident years was concentrated in the general liability line of business, and to a lesser degree professional liability, including medical professional, and commercial auto liability. The development, which particularly impacted business attaching excess of primary policy limits, was driven by a larger than expected number of large losses reported. The Company believes social inflation is contributing to an increase in the frequency of large losses for these accident years. Social inflation can include higher settlement demands from plaintiffs, use of tactics such as litigation funding by the plaintiffs’ bar, negative public sentiment towards large businesses and corporations, and erosion of tort reforms, among others.
The favorable prior year development on casualty lines for the 2020 through 2022 accident years in the Insurance segment was concentrated in the professional liability, workers’ compensation, and general liability lines of business. Due to uncertainty regarding incurred loss frequency and severity in light of ongoing social inflation and the impacts of the COVID-19 pandemic, the Company set its initial loss ratios for the 2020 through 2022 accident years prudently, and largely maintained these estimates through the end of each respective accident year. The reported loss experience to date for these lines of business for the 2020 through 2022 accident years has been significantly better than was expected, and the Company has begun to react to this favorable emergence as the accident years mature beyond the age of 12 months. However, commercial auto liability experienced adverse prior year development for the 2020 through 2022 accident years, partially offsetting the favorable development discussed above, which was driven by a larger than expected number of large losses reported.
For the Reinsurance & Monoline Excess segment, the favorable development during the nine months ended September 30, 2023 was driven mainly by favorable development in excess workers’ compensation, partially offset by adverse development in property (discussed above) and non-proportional reinsurance assumed liability lines of business. The favorable excess workers’ compensation development was driven by continued lower claim frequency and reported losses relative to our expectations, and to favorable claim settlements. The favorable development was spread across many prior accident years. The adverse development on reinsurance assumed liability was associated primarily with our U.S. assumed reinsurance business, and related to accounts reinsuring excess and umbrella business and construction projects. The adverse development was concentrated mainly in accident years 2017 through 2020.
During the nine months ended September 30, 2022, adverse prior year development (net of additional and return premiums) of $37 million included $33 million for the Insurance segment and $4 million for the Reinsurance & Monoline Excess segment.
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The adverse development for the Insurance segment primarily related to COVID-19 losses at two businesses. These businesses wrote policies providing coverage for event cancellation and film production delay which were heavily impacted by losses directly caused by the COVID-19 pandemic. Most of this COVID-19-related adverse development emerged during the third quarter as a result of settlements of claims at values higher than our expectations.
The adverse development mentioned above includes favorable prior year development for the Insurance segment primarily attributable to the 2020 and 2021 accident years and adverse development on the 2015 through 2019 accident years. The favorable development on the 2020 and 2021 accident years was concentrated in the other liability lines of business, including professional liability, products liability, commercial multi-peril liability and workers’ compensation. The Company experienced lower reported claim frequency in these lines of business during 2020 and 2021 relative to historical averages, and continues to experience lower reported incurred losses relative to our expectations for these accident years as they develop during 2022. These trends began in 2020 and we believe were caused by the impacts of the COVID-19 pandemic, including for example, lockdowns, reduced driving/traffic and increased work from home. Due to the ongoing uncertainty regarding the ultimate impacts of the pandemic on accident years 2020 and 2021 incurred losses, the Company has been cautious in reacting to these lower trends in setting and updating its loss ratio estimates for these years. As these accident years have continued to mature, the Company has continued to recognize some of the favorable reported experience in its ultimate loss estimates made during 2022.
The adverse development on the 2015 through 2019 accident years was concentrated in the other liability and professional liability, including medical professional, lines of business, as well as commercial auto liability. The development was driven by a larger than expected number of large losses reported. The Company believes social inflation is contributing to an increase in the frequency of large losses for these accident years. Social inflation can include higher settlement demands from plaintiffs, use of tactics such as litigation funding by the plaintiffs’ bar, negative public sentiment towards large businesses and corporations, and erosion of tort reforms, among others.
The overall slight adverse development for the Reinsurance & Monoline Excess segment was driven mainly by adverse development in the professional liability and non-proportional reinsurance assumed property and liability lines of business, substantially offset by favorable development in excess workers’ compensation. The adverse development was spread mainly across accident years 2015 through 2021 and was associated primarily with our U.S. assumed reinsurance business and related to accounts insuring construction projects and professional liability exposures. The favorable excess workers’ compensation development was mainly in 2011 and prior accident years, and was driven by a review of the Company’s claim reporting patterns as well as a number of favorable claim settlements relative to expectations.
Reserve Discount. The Company discounts its liabilities for certain workers’ compensation reserves. The amount of workers’ compensation reserves that were discounted was $1,356 million and $1,464 million at September 30, 2023 and December 31, 2022, respectively. The aggregate net discount for those reserves, after reflecting the effects of ceded reinsurance, was $390 million and $416 million at September 30, 2023 and December 31, 2022, respectively. At September 30, 2023, discount rates by year ranged from 0.7% to 6.5%, with a weighted average discount rate of 3.4%.
    Substantially all of the workers’ compensation discount (97% of total discounted reserves at September 30, 2023) relates to excess workers’ compensation reserves. In order to properly match loss expenses with income earned on investment securities supporting the liabilities, reserves for excess workers’ compensation business are discounted using risk-free discount rates determined by reference to the U.S. Treasury yield curve. These rates are determined annually based on the weighted average rate for the period. Once established, no adjustments are made to the discount rate for that period, and any increases or decreases in loss reserves in subsequent years are discounted at the same rate, without regard to when any such adjustments are recognized. The expected loss and loss expense payout patterns subject to discounting are derived from the Company’s loss payout experience.
    The Company also discounts reserves for certain other long-duration workers’ compensation reserves (representing approximately 3% of total discounted reserves at September 30, 2023), including reserves for quota share reinsurance and reserves related to losses regarding occupational lung disease. These reserves are discounted at statutory rates permitted by the Department of Insurance of the State of Delaware.
    Assumed Reinsurance Premiums. The Company estimates the amount of assumed reinsurance premiums that it will receive under treaty reinsurance agreements at the inception of the contracts. These premium estimates are revised as the actual amount of assumed premiums is reported to the Company by the ceding companies. As estimates of assumed premiums are made or revised, the related amount of earned premiums, commissions and incurred losses associated with those premiums are recorded. Estimated assumed premiums receivable were approximately $58 million at September 30, 2023 and $60 million at December 31, 2022. The assumed premium estimates are based upon terms set forth in reinsurance agreements, information received from ceding companies during the underwriting and negotiation of agreements, reports received from ceding companies and discussions and correspondence with reinsurance intermediaries. The Company also considers its own view of
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market conditions, economic trends and experience with similar lines of business. These premium estimates represent management’s best estimate of the ultimate amount of premiums to be received under its assumed reinsurance agreements.
    Allowance for Expected Credit Losses on Investments.
    Fixed Maturity Securities – For fixed maturity securities in an unrealized loss position where the Company intends to sell, or it is more likely than not that it will be required to sell the security before recovery in value, the amortized cost basis is written down to fair value through net investment gains (losses). For fixed maturity securities in an unrealized loss position where the Company does not intend to sell, or it is more likely than not that it will not be required to sell the security before recovery in value, the Company evaluates whether the decline in fair value has resulted from credit losses or all other factors (non-credit factors). In making this assessment, the Company considers the extent to which fair value is less than amortized cost, changes to the rating of the security by a rating agency, and adverse conditions specifically related to the security, among other factors. If this assessment indicates that a credit loss exists, the present value of cash flows expected to be collected from the security are compared to the amortized cost basis of the security. If the present value of cash flows expected to be collected is less than the amortized cost basis, an allowance for expected credit losses is recorded for the credit loss through net investment gains (losses), limited by the amount that the fair value is less than the amortized cost basis. The allowance is adjusted for any change in expected credit losses and subsequent recoveries through net investment gains (losses). The impairment related to non-credit factors is recognized in other comprehensive income (loss).
    The Company’s credit assessment of allowance for expected credit losses uses a third party model for available for sale and held to maturity securities, as well as loans receivable. The allowance for expected credit losses is generally based on the performance of the underlying collateral under various economic and default scenarios that involve subjective judgments and estimates by management. Modeling these securities involves various factors, such as projected default rates, the nature and realizable value of the collateral, if any, the ability of the issuer to make scheduled payments, historical performance and other relevant economic and performance factors. A discounted cash flow analysis is used to ascertain the amount of the allowance for expected credit losses, if any. In general, the model reverts to the rating-level long-term average marginal default rates based on 10 years of historical data, beyond the forecast period. For other inputs, the model in most cases reverts to the baseline long-term assumptions linearly over 5 years beyond the forecast period. The long-term assumptions are based on the historical averages.
    The Company classifies its fixed maturity securities by credit rating, primarily based on ratings assigned by credit rating agencies. For purposes of classifying securities with different ratings, the Company uses the average of the credit ratings assigned, unless in limited situations the Company’s own analysis indicates an internal rating is more appropriate. Securities that are not rated by a rating agency are evaluated and classified by the Company on a case-by-case basis.
    A summary of the Company’s non-investment grade fixed maturity securities that were in an unrealized loss position at September 30, 2023 is presented in the table below:
($ in thousands)Number of
Securities		Aggregate
Fair Value		 Gross Unrealized Loss
Foreign government44 $88,668 $91,468 
Corporate26 35,644 3,523 
State and municipal5 22,866 6,374 
Mortgage-backed15 4,328 214 
Asset-backed5 244 107 
Total95 $151,750 $101,686 
    As of September 30, 2023, the Company has recorded an allowance for expected credit losses on fixed maturity securities of $46 million. The Company has evaluated the remaining fixed maturity securities in an unrealized loss position and believes the unrealized losses are due primarily to temporary market and sector-related factors rather than to issuer-specific factors. None of these securities are delinquent or in default under financial covenants. Based on its assessment of these issuers, the Company expects them to continue to meet their contractual payment obligations as they become due.
Loans Receivable – For loans receivable, the Company estimates an allowance for expected credit losses based on relevant information about past events, including historical loss experience, current conditions and forecasts that affect the expected collectability of the amortized cost of the financial asset. The allowance for expected credit losses is presented as a reduction to amortized cost of the financial asset in the consolidated balance sheet and changes to the estimate for expected credit losses are recognized through net investment gains (losses). Loans receivable are reported net of an allowance for expected credit losses of $4 million and $2 million as of September 30, 2023 and December 31, 2022, respectively.
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    Fair Value Measurements. The Company’s fixed maturity available for sale securities, equity securities, and its arbitrage trading account securities are carried at fair value. Fair value is defined as “the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.” The Company utilizes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value into three broad levels. Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement date. Level 2 inputs are inputs other than quoted prices included within Level 1 that are observable for similar assets in active markets. Level 3 inputs are unobservable inputs for the asset or liability. Unobservable inputs may only be used to measure fair value to the extent that observable inputs are not available. The fair value of the vast majority of the Company’s portfolio is based on observable data (other than quoted prices) and, accordingly, is classified as Level 2.
    In classifying particular financial securities in the fair value hierarchy, the Company uses its judgment to determine whether the market for a security is active and whether significant pricing inputs are observable. The Company determines the existence of an active market by assessing whether transactions occur with sufficient frequency and volume to provide reliable pricing information. The Company determines whether inputs are observable based on the use of such information by pricing services and external investment managers, the uninterrupted availability of such inputs, the need to make significant adjustments to such inputs and the volatility of such inputs over time. If the market for a security is determined to be inactive or if significant inputs used to price a security are determined to be unobservable, the security is categorized in Level 3 of the fair value hierarchy.
    Because many fixed maturity securities do not trade on a daily basis, the Company utilizes pricing models and processes which may include benchmark curves, benchmarking of like securities, sector groupings and matrix pricing. Market inputs used to evaluate securities include benchmark yields, reported trades, broker/dealer quotes, issuer spreads, two-sided markets, benchmark securities, bids, offers and reference data. Quoted prices are often unavailable for recently issued securities that are infrequently traded or securities that are only traded in private transactions. For publicly traded securities for which quoted prices are unavailable, the Company determines fair value based on independent broker quotations and other observable market data. For securities traded only in private negotiations, the Company determines fair value based primarily on the cost of such securities, which is adjusted to reflect prices of recent placements of securities of the same issuer, financial data, projections and business developments of the issuer and other relevant information.
    The following is a summary of pricing sources for the Company's fixed maturity securities available for sale as of September 30, 2023:
($ in thousands)Carrying
Value		Percent
of Total
Pricing source:
Independent pricing services$18,502,851 97.5 %
Syndicate manager75,978 0.4 
Directly by the Company based on:
Observable data403,648 2.1 
Total$18,982,477 100.0 %
    Independent pricing services – Substantially all of the Company’s fixed maturity securities available for sale were priced by independent pricing services (generally one U.S. pricing service plus additional pricing services with respect to a limited number of foreign securities held by the Company). The prices provided by the independent pricing services are generally based on observable market data in active markets (e.g., broker quotes and prices observed for comparable securities). The determination of whether markets are active or inactive is based upon the volume and level of activity for a particular asset class. The Company reviews the prices provided by pricing services for reasonableness based upon current trading levels for similar securities. If the prices appear unusual to the Company, they are re-examined and the value is either confirmed or revised. In addition, the Company periodically performs independent price tests of a sample of securities to ensure proper valuation and to verify our understanding of how securities are priced. As of September 30, 2023, the Company did not make any adjustments to the prices provided by the pricing services. Based upon the Company’s review of the methodologies used by the independent pricing services, these securities were classified as Level 2.
    Syndicate manager – The Company has a 15% participation in a Lloyd’s syndicate, and the Company’s share of the securities owned by the syndicate is priced by the syndicate’s manager. The majority of the securities are liquid, short duration fixed maturity securities. The Company reviews the syndicate manager’s pricing methodology and audited financial statements and holds discussions with the syndicate manager as necessary to confirm its understanding and agreement with security prices.
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Based upon the Company’s review of the methodologies used by the syndicate manager, these securities were classified as Level 2.
    Observable data – If independent pricing is not available, the Company prices the securities directly. Prices are based on observable market data where available, including current trading levels for similar securities and non-binding quotations from brokers. The Company generally requests two or more quotes. If more than one quote is received, the Company sets a price within the range of quotes received based on its assessment of the credibility of the quote and its own evaluation of the security. The Company generally does not adjust quotes obtained from brokers. Since these securities were priced based on observable data, they were classified as Level 2.
    Cash flow model – If the above methodologies are not available, the Company prices securities using a discounted cash flow model based upon assumptions as to prevailing credit spreads, interest rates and interest rate volatility, time to maturity and subordination levels. Discount rates are adjusted to reflect illiquidity where appropriate. These securities were classified as Level 3.

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Results of Operations for the Nine Months Ended September 30, 2023 and 2022
Business Segment Results

Following is a summary of gross and net premiums written, net premiums earned, loss ratios (losses and loss expenses incurred expressed as a percentage of net premiums earned), expense ratios (underwriting expenses expressed as a percentage of net premiums earned) and GAAP combined ratios (sum of loss ratio and expense ratio) for each of our business segments for the nine months ended September 30, 2023 and 2022. The GAAP combined ratio represents a measure of underwriting profitability, excluding investment income. A GAAP combined ratio in excess of 100 indicates an underwriting loss; a number below 100 indicates an underwriting profit.
($ in thousands)20232022
Insurance:
Gross premiums written$8,659,128 $7,976,288 
Net premiums written7,246,773 6,637,024 
Net premiums earned6,747,704 6,162,005 
Loss ratio62.8 %61.3 %
Expense ratio28.4 %27.9 %
GAAP combined ratio91.2 %89.2 %
Reinsurance & Monoline Excess:
Gross premiums written$1,080,168 $1,017,887 
Net premiums written988,026 939,139 
Net premiums earned938,369 886,200 
Loss ratio53.7 %63.7 %
Expense ratio28.7 %28.4 %
GAAP combined ratio82.4 %92.1 %
Consolidated:
Gross premiums written$9,739,296 $8,994,175 
Net premiums written8,234,799 7,576,163 
Net premiums earned7,686,073 7,048,205 
Loss ratio61.7 %61.6 %
Expense ratio28.4 %28.0 %
GAAP combined ratio90.1 %89.6 %
    Net Income to Common Stockholders. The following table presents the Company’s net income to common stockholders and net income per diluted share for the nine months ended September 30, 2023 and 2022:
(In thousands, except per share data)20232022
Net income to common stockholders$984,020 $998,839 
Weighted average diluted shares274,146 279,644 
Net income per diluted share$3.59 $3.57 
    The Company reported net income to common stockholders of $984 million in 2023 compared to $999 million in 2022. The $15 million reduction in net income was primarily due to an after-tax reduction in net investment gains of $69 million mainly due to the gain on sale of a real estate investment in 2022, an after-tax decrease in foreign currency gains of $66 million mainly due to lower strengthening of the U.S. dollar against other currencies in 2023, an increase of $27 million in tax expense due to a change in the effective tax rate, an after-tax increase in corporate expenses of $23 million primarily due to increased compensation-related costs and an after-tax decrease in profits from non-insurance businesses of $5 million, partially offset by an after-tax increase in net investment income of $151 million primarily due to rising interest rates and a larger investment portfolio of fixed maturity securities, an after-tax increase in underwriting income of $19 million, an after-tax reduction in minority interest of $3 million and an after-tax reduction in interest expense of $2 million due to debt repayments in 2022. The number of weighted average diluted shares decreased by 5.5 million for 2023 compared to 2022, mainly reflecting shares repurchased in 2023.
    Premiums. Gross premiums written were $9,739 million in 2023, an increase of 8% from $8,994 million in 2022. The increase was due to a $683 million increase in the Insurance segment and a $62 million increase in the Reinsurance & Monoline
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Excess segment. Approximately 80% of premiums expiring in 2023 were renewed, and 82% of premiums expiring in 2022 were renewed.
    Average renewal premium rates for insurance and facultative reinsurance increased 7.2% in 2023 when adjusted for changes in exposures, and increased 8.3% excluding workers' compensation.
    A summary of gross premiums written in 2023 compared with 2022 by line of business within each business segment follows:
•Insurance - gross premiums increased 9% to $8,659 million in 2023 from $7,976 million in 2022. Gross premiums increased $360 million (12%) for other liability, $325 million (18%) for short-tail lines, $101 million (10%) for commercial automobile and $1 million (less than 1%) for workers' compensation, partially offset by a reduction of $104 million (8%) for professional liability.
•Reinsurance & Monoline Excess - gross premiums increased 6% to $1,080 million in 2023 from $1,018 million in 2022. Gross premiums increased $54 million (28%) for property reinsurance and $22 million (10%) for monoline excess, partially offset by a reduction of $14 million (2%) for casualty reinsurance.
    Net premiums written were $8,235 million in 2023, an increase of 9% from $7,576 million in 2022. Ceded reinsurance premiums as a percentage of gross written premiums were 15% in 2023 and 16% in 2022.
    Premiums earned increased 9% to $7,686 million in 2023 from $7,048 million in 2022. Insurance premiums (including the impact of rate changes) are generally earned evenly over the policy term, and accordingly, recent rate increases will be earned over the upcoming quarters. Premiums earned in 2023 are related to business written during both 2023 and 2022. Audit premiums were $271 million in 2023 compared with $219 million in 2022 due to an increase in exposures.
    Net Investment Income. Following is a summary of net investment income for the nine months ended September 30, 2023 and 2022:
AmountAverage Annualized
Yield
($ in thousands)2023202220232022
Fixed maturity securities, including cash and cash equivalents and loans receivable$653,200 $371,724 4.2 %2.6 %
Arbitrage trading account53,168 24,008 5.9 2.8 
Equity securities41,714 38,303 5.0 4.9 
Investment funds5,444 121,919 0.5 10.1 
Real estate(7,821)(1,702)(0.8)(0.2)
Gross investment income745,705 554,252 3.8 3.1 
Investment expenses(6,211)(6,350)— — 
Total$739,494 $547,902 3.8 %3.0 %
    Net investment income increased 35% to $739 million in 2023 from $548 million in 2022 due primarily to an $282 million increase in income from fixed maturity securities mainly driven by rising interest rates and a larger investment portfolio, a $29 million increase from the arbitrage trading account (including investment income from trading account receivables from brokers and clearing organizations) and a $3 million increase from equity securities, partially offset by a $117 million decrease in income from investment funds primarily due to financial services and real estate funds and a $6 million decrease in real estate. The Company maintained the shortened duration of its fixed maturity security portfolio, thereby reducing the potential impact of mark-to-market on the portfolio and positioning the Company to react quickly to changes in the current interest rate environment. We expect investment income to increase as we reinvest our fixed maturity portfolio at the current higher rates. Average invested assets, at cost (including cash and cash equivalents), were $26.1 billion in 2023 up 8.1% from $24.2 billion in 2022.
    Insurance Service Fees. The Company earns fees from an insurance distribution business (part of which was sold in June 2023), a third-party administrator and as a servicing carrier of workers' compensation assigned risk plans for certain states. Insurance service fees were $81 million in 2023 and $82 million in 2022.
    Net Realized and Unrealized Gains on Investments. The Company buys and sells securities and other investment assets on a regular basis in order to maximize its total return on investments. Decisions to sell securities and other investment assets are based on management’s view of the underlying fundamentals of specific investments as well as management’s expectations
41
regarding interest rates, credit spreads, currency values and general economic conditions. Net realized and unrealized gains on investments were $50 million in 2023 compared with $140 million in 2022. The gains of $50 million in 2023 reflected net realized gains on investments of $5 million (primarily a pre-tax net realized gain of $88 million on the sale of the property
and casualty insurance services division of Breckenridge IS, Inc., partially offset by the impairment of $72 million recognized on the real estate investments) and an increase in unrealized gains on equity securities of $45 million. The gains of $140 million in 2022 reflected net realized gains on investments of $228 million (primarily a $251 million net gain from the sale of a real estate investment in London after transaction expenses and the foreign currency impact, including the reversal of the currency translation adjustment) partially offset by an increase in unrealized losses on equity securities of $89 million.
Change in Allowance for Expected Credit Losses on Investments. Based on credit factors, the allowance for expected credit losses is increased or decreased depending on the percentage of unrealized loss relative to amortized cost by security, changes in rating of the security by a rating agency, and adverse conditions specifically related to the security, among other factors. The pre-tax change in allowance for expected credit losses on investments increased by $11 million ($9 million after-tax) and $12 million ($10 million after-tax) in 2023 and 2022, respectively, which are both reflected in net investment gains (losses), primarily due to change in estimate.
Revenues from Non-Insurance Businesses. Revenues from non-insurance businesses were derived from businesses engaged in the distribution of promotional merchandise, world-wide textile solutions and aviation-related businesses that provide services to aviation markets, including (i) the distribution, manufacturing, repair and overhaul of aircraft parts and components, (ii) the sale of new and used aircraft, and (iii) avionics, fuel, maintenance, storage and charter services. Revenues from non-insurance businesses were $375 million in 2023 and $345 million in 2022. The increase mainly relates to aviation-related business and the commercial and residential textile business, which we acquired in 2022, partially offset by the decrease of promotional merchandise and existing textile business.
    Losses and Loss Expenses. Losses and loss expenses increased to $4,745 million in 2023 from $4,340 million in 2022. The consolidated loss ratio was 61.7% in 2023 and 61.6% in 2022. Catastrophe losses, net of reinsurance recoveries, were $163 million (including current accident year losses of approximately $670 thousand related to COVID-19) in 2023 and $181 million (including losses of approximately $4 million related to COVID-19) in 2022. Adverse prior year reserve development (net of premium offsets) was $20 million in 2023 and $37 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development increased 0.9 points to 59.4% in 2023 from 58.5% in 2022.
    A summary of loss ratios in 2023 compared with 2022 by business segment follows:
•Insurance - The loss ratio was 62.8% in 2023 and 61.3% in 2022. Catastrophe losses were $139 million in 2023 compared with $102 million in 2022. Adverse prior year reserve development was $26 million in 2023, principally from property catastrophe losses, and $33 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development increased 1.3 points to 60.4% in 2023 from 59.1% in 2022.
•Reinsurance & Monoline Excess - The loss ratio was 53.7% in 2023 and 63.7% in 2022. Catastrophe losses were $24 million in 2023 compared with $79 million in 2022. Favorable prior year reserve development was $6 million in 2023, and adverse prior year reserve development was $4 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development decreased 2.4 points to 51.9% in 2023 from 54.3% in 2022.
Other Operating Costs and Expenses. Following is a summary of other operating costs and expenses for the nine months ended September 30, 2023 and 2022:
($ in thousands)20232022
Policy acquisition and insurance operating expenses$2,183,517 $1,974,676 
Insurance service expenses70,336 71,348 
Net foreign currency gains(1,777)(85,060)
Other costs and expenses205,849 178,292 
Total$2,457,925 $2,139,256 
    Policy acquisition and insurance operating expenses are comprised of commissions paid to agents and brokers, premium taxes and other assessments and internal underwriting costs. Policy acquisition and insurance operating expenses increased 11% and net premiums earned increased 9% from 2022. The expense ratio (underwriting expenses expressed as a percentage of net premiums earned) increased by 0.4 points to 28.4% in 2023 from 28.0% in 2022 mainly due to lower ceding commissions, increased compensation costs and new start-up operating unit expenses.
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    Service expenses, which represent the costs associated with the fee-based businesses, were $70 million in 2023 and $71 million in 2022.
    Net foreign currency gains result from transactions denominated in a currency other than a company's operating functional currency. Net foreign currency gains were $2 million in 2023 compared to $85 million in 2022, primarily due to lower strengthening of the U.S. dollar against other currencies in 2023.
    Other costs and expenses represent general and administrative expenses of the parent company and other expenses not allocated to business segments, including the cost of certain long-term incentive plans and new business ventures. Other costs and expenses increased to $206 million in 2023 from $178 million in 2022, primarily due to the increase in compensation-related costs in 2023.
    Expenses from Non-Insurance Businesses. Expenses from non-insurance businesses represent costs associated with businesses engaged in the distribution of promotional merchandise, world-wide textile solutions and aviation-related businesses that include (i) cost of goods sold related to aircraft and products sold and services provided, and (ii) general and administrative expenses. Expenses from non-insurance businesses were $370 million in 2023 compared to $334 million in 2022. The increase mainly relates to the aviation-related business and the residential and commercial textile business, which we acquired in 2022, partially offset by the decrease of promotional merchandise and existing textile business.
Interest Expense. Interest expense was $96 million in 2023 and $98 million in 2022. In the first quarter of 2022, the Company repaid at maturity its $77 million aggregate principal amount of 8.7% senior notes in January and its $350 million aggregate principal amount of 4.625% senior notes in March.
Income Taxes. The effective income tax rate was 21.4% and 19.2% for the nine months ended September 30, 2023 and 2022, respectively. The higher effective income tax rate for the nine months ended September 30, 2023, as compared to the earlier period, was primarily due to a net reduction to the Company’s valuation allowance against foreign tax credits and foreign net operating losses in the earlier period.
    The Company has not provided U.S. deferred income taxes on the undistributed earnings of approximately $217 million of its non-U.S. subsidiaries since these earnings are intended to be permanently reinvested in the non-U.S. subsidiaries. In the future, if such earnings were distributed, the Company projects that the incremental tax, if any, will be immaterial.




















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Results of Operations for the Three Months Ended September 30, 2023 and 2022
Business Segment Results

Following is a summary of gross and net premiums written, net premiums earned, loss ratios (losses and loss expenses incurred expressed as a percentage of net premiums earned), expense ratios (underwriting expenses expressed as a percentage of net premiums earned) and GAAP combined ratios (sum of loss ratio and expense ratio) for each of our business segments for the three months ended September 30, 2023 and 2022. The GAAP combined ratio represents a measure of underwriting profitability, excluding investment income. A GAAP combined ratio in excess of 100 indicates an underwriting loss; a number below 100 indicates an underwriting profit.
($ in thousands)20232022
Insurance:
Gross premiums written$2,990,869 $2,719,824 
Net premiums written2,508,740 2,237,608 
Net premiums earned2,319,435 2,129,014 
Loss ratio62.6 %63.2 %
Expense ratio28.4 %28.0 %
GAAP combined ratio91.0 %91.2 %
Reinsurance & Monoline Excess:
Gross premiums written$362,336 $362,114 
Net premiums written339,719 339,666 
Net premiums earned322,479 312,947 
Loss ratio56.8 %70.2 %
Expense ratio27.8 %28.4 %
GAAP combined ratio84.6 %98.6 %
Consolidated:
Gross premiums written$3,353,205 $3,081,938 
Net premiums written2,848,459 2,577,274 
Net premiums earned2,641,914 2,441,961 
Loss ratio61.9 %64.1 %
Expense ratio28.3 %28.0 %
GAAP combined ratio90.2 %92.1 %
    Net Income to Common Stockholders. The following table presents the Company’s net income to common stockholders and net income per diluted share for the three months ended September 30, 2023 and 2022:
(In thousands, except per share data)20232022
Net income to common stockholders$333,586 $228,879 
Weighted average diluted shares271,439 279,642 
Net income per diluted share$1.23 $0.82 
    The Company reported net income to common stockholders of $334 million in 2023 compared to $229 million in 2022. The $105 million increase in net income was primarily due to an after-tax increase in net investment income of $54 million primarily due to rising interest rates and a larger investment portfolio of fixed maturity securities, an after-tax increase in underwriting income of $53 million mainly due to the growth in premium rates, an after-tax decrease in net investment losses of $20 million mainly due to the change in market value on equity securities, and an after-tax reduction in minority interest of $2 million, partially offset by an after-tax decrease in foreign currency gains of $15 million mainly due to lower strengthening of the U.S. dollar against other currencies in 2023, an after-tax increase in corporate expenses of $5 million due to increased compensation-related costs, an increase of $3 million in tax expense due to a change in the effective tax rate and an after-tax decrease in profits from insurance service income of $1 million. The number of weighted average diluted shares decreased by 8.2 million for 2023 compared to 2022, mainly reflecting shares repurchased in 2023.
    Premiums. Gross premiums written were $3,353 million in 2023, an increase of 9% from $3,082 million in 2022. The increase was due to a $271 million increase in the Insurance segment and a $222 thousand increase in the Reinsurance & Monoline Excess segment. Approximately 80.5% of premiums expiring in 2023 were renewed, and 81% of premiums expiring in 2022 were renewed.
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    Average renewal premium rates for insurance and facultative reinsurance increased 7.2% in 2023 when adjusted for changes in exposures, and increased 8.5% excluding workers' compensation.
    A summary of gross premiums written in 2023 compared with 2022 by line of business within each business segment follows:
•Insurance - gross premiums increased 10% to $2,991 million in 2023 from $2,720 million in 2022. Gross premiums increased $135 million (13%) for other liability, $122 million (20%) for short-tail lines, and $58 million (16%) for commercial automobile, and decreased $40 million (9%) for professional liability and $4 million (1%) for workers' compensation.
•Reinsurance & Monoline Excess - gross premiums remained flat in 2023 with 2022 at $362 million. Gross premiums increased $9 million (11%) for property reinsurance and $9 million (12%) for monoline excess, and decreased $18 million (9%) for casualty reinsurance.
    Net premiums written were $2,848 million in 2023, an increase of 11% from $2,577 million in 2022. Ceded reinsurance premiums as a percentage of gross written premiums were 15% in 2023 and 16% in 2022.
    Premiums earned increased 8% to $2,642 million in 2023 from $2,442 million in 2022. Insurance premiums (including the impact of rate changes) are generally earned evenly over the policy term, and accordingly, recent rate increases will be earned over the upcoming quarters. Premiums earned in 2023 are related to business written during both 2023 and 2022. Audit premiums were $88 million in 2023 compared with $77 million in 2022 due to an increase in exposures.
    Net Investment Income. Following is a summary of net investment income for the three months ended September 30, 2023 and 2022:
AmountAverage Annualized
Yield
($ in thousands)2023202220232022
Fixed maturity securities, including cash and cash equivalents and loans receivable$239,727 $146,051 4.5 %3.0 %
Arbitrage trading account17,876 10,694 5.9 3.7 
Equity securities12,714 14,650 4.7 5.1 
Investment funds4,450 36,045 1.1 8.5 
Real estate(1,986)(2,297)(0.6)(0.7)
Gross investment income272,781 205,143 4.1 3.3 
Investment expenses(1,837)(2,327)— — 
Total$270,944 $202,816 4.1 %3.3 %
    Net investment income increased 34% to $271 million in 2023 from $203 million in 2022 due primarily to a $94 million increase in income from fixed maturity securities mainly driven by rising interest rates and a larger investment portfolio, a $7 million increase from arbitrage trading account (including investment income from trading account receivables from brokers and clearing organizations) and a $1 million reduction from investment expenses, partially offset by a $32 million decrease in income from investment funds primarily due to real estate funds and transportation funds and a $2 million decrease from equity securities. The Company maintained the short duration of its fixed maturity security portfolio, thereby reducing the potential impact of mark-to-market on the portfolio and positioning the Company to react quickly to changes in the current interest rate environment. We expect investment income to increase as we reinvest our fixed maturity portfolio at the current higher rates. Average invested assets, at cost (including cash and cash equivalents), were $26.7 billion in 2023 and $24.6 billion in 2022.
    Insurance Service Fees. The Company earns fees from an insurance distribution business, a third-party administrator and as a servicing carrier of workers' compensation assigned risk plans for certain states. Insurance service fees were $23 million in 2023 and $28 million in 2022. The decrease in service fees resulted from the sale of the property and casualty insurance services division of Breckenridge IS, Inc.
    Net Realized and Unrealized Gains (Losses) on Investments. The Company buys and sells securities and other investment assets on a regular basis in order to maximize its total return on investments. Decisions to sell securities and other investment assets are based on management’s view of the underlying fundamentals of specific investments as well as management’s expectations regarding interest rates, credit spreads, currency values and general economic conditions. Net realized and unrealized losses on investments were $41 million in 2023 and $66 million in 2022. The losses of $41 million in
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2023 reflected net realized losses on investments of $22 million (primarily due to an impairment of $21 million recognized on a real estate investment) and an increase in unrealized losses on equity securities of $19 million. The losses of $66 million in 2022 reflected net realized losses on investments of $16 million (primarily due to foreign exchange losses on investments) and an increase in unrealized losses on equity securities of $50 million.
Change in Allowance for Expected Credit Losses on Investments. Based on credit factors, the allowance for expected credit losses is increased or decreased depending on the percentage of unrealized loss relative to amortized cost by security, changes in rating of the security by a rating agency, and adverse conditions specifically related to the security, among other factors. The pre-tax change in allowance for expected credit losses on investments increased by $2 million ($1 million after-tax) and $1 million ($0.9 million after-tax) in 2023 and 2022, respectively, which are reflected in net investment gains (losses), primarily due to change in estimate.
Revenues from Non-Insurance Businesses. Revenues from non-insurance businesses were derived from businesses engaged in the distribution of promotional merchandise, world-wide textile solutions and aviation-related businesses that provide services to aviation markets, including (i) the distribution, manufacturing, repair and overhaul of aircraft parts and components, (ii) the sale of new and used aircraft, and (iii) avionics, fuel, maintenance, storage and charter services. Revenues from non-insurance businesses increased to $137 million in 2023 from $119 million in 2022 mainly due to the aviation-related businesses.
    Losses and Loss Expenses. Losses and loss expenses increased to $1,636 million in 2023 from $1,565 million in 2022. The consolidated loss ratio was 61.9% in 2023 and 64.1% in 2022. Catastrophe losses, net of reinsurance recoveries, were $62 million (including current accident year losses of approximately $411 thousand related to COVID-19) in 2023 and $94 million (including losses of approximately $1 million related to COVID-19) in 2022. Favorable prior year reserve development (net of premium offsets) was $1 million in 2023 and adverse prior year reserve development was $39 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development increased 1.0 point to 59.6% in 2023 from 58.6% in 2022.
    A summary of loss ratios in 2023 compared with 2022 by business segment follows:
•Insurance - The loss ratio was 62.6% in 2023 and 63.2% in 2022. Catastrophe losses were $46 million in 2023 compared with $51 million in 2022. Adverse prior year reserve development was $1 million in 2023 and $35 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development increased 1.5 points to 60.6% in 2023 from 59.1% in 2022.
•Reinsurance & Monoline Excess - The loss ratio was 56.8% in 2023 and 70.2% in 2022. Catastrophe losses were $16 million in 2023 compared with $43 million in 2022. Favorable prior year reserve development was $2 million in 2023 and adverse prior year reserve development was $4 million in 2022. The loss ratio excluding catastrophe losses and prior year reserve development decreased 2.7 points to 52.6% in 2023 from 55.3% in 2022.
Other Operating Costs and Expenses. Following is a summary of other operating costs and expenses for the three months ended September 30, 2023 and 2022:
($ in thousands)20232022
Policy acquisition and insurance operating expenses$747,007 $685,325 
Insurance service expenses21,225 24,991 
Net foreign currency gains(22,498)(41,065)
Other costs and expenses62,935 56,286 
Total$808,669 $725,537 
    Policy acquisition and insurance operating expenses are comprised of commissions paid to agents and brokers, premium taxes and other assessments and internal underwriting costs. Policy acquisition and insurance operating expenses increased 9% and net premiums earned increased 8% from 2022. The expense ratio (underwriting expenses expressed as a percentage of net premiums earned) increased by 0.3% to 28.3% in 2023 from 28.0% in 2022 mainly due to lower ceding commissions, increased compensation costs and new start-up operating unit expenses.
    Service expenses, which represent the costs associated with the fee-based businesses, were $21 million in 2023, down from $25 million in 2022, as a result of the sale of the property and casualty insurance services division of Breckenridge IS, Inc.
    Net foreign currency gains result from transactions denominated in a currency other than a company's operating functional currency. Net foreign currency gains were $22 million in 2023 compared to $41 million in 2022, primarily due to lower strengthening of the U.S. dollar against other currencies in 2023.
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Other costs and expenses represent general and administrative expenses of the parent company and other expenses not allocated to business segments, including the cost of certain long-term incentive plans and new business ventures. Other costs and expenses increased to $63 million in 2023 from $56 million in 2022, primarily due to the increase in compensation-related costs in 2023.
    Expenses from Non-Insurance Businesses. Expenses from non-insurance businesses represent costs associated with businesses engaged in the distribution of promotional merchandise, world-wide textile solutions and aviation-related businesses that include (i) cost of goods sold related to aircraft and products sold and services provided, and (ii) general and administrative expenses. Expenses from non-insurance businesses increased to $134 million in 2023 from $116 million in 2022 mainly due to the aviation-related businesses.
Interest Expense. Interest expense was $32 million in both 2023 and 2022.
Income Taxes. The effective income tax rate was 20.6% and 19.5% for the three months ended September 30, 2023 and 2022, respectively. The effective income tax rate increased for the three months ended September 30, 2023, primarily due to a lower tax benefit related to equity-based compensation, as well as higher foreign and state income taxes.
    The Company has not provided U.S. deferred income taxes on the undistributed earnings of approximately $217 million of its non-U.S. subsidiaries since these earnings are intended to be permanently reinvested in the non-U.S. subsidiaries. In the future, if such earnings were distributed the Company projects that the incremental tax, if any, will be immaterial.







47
Investments
    As part of its investment strategy, the Company establishes a level of cash and highly liquid short-term and intermediate-term securities that, combined with expected cash flow, it believes is adequate to meet its payment obligations. In addition to fixed maturity securities, the Company invests in equity securities, merger arbitrage securities, investment funds, private equity, loans and real estate related assets. The Company's investments in investment funds and its other alternative investments have experienced, and the Company expects to continue to experience, greater fluctuations in investment income.
    The Company also attempts to maintain an appropriate relationship between the average duration of the investment portfolio and the approximate duration of its liabilities (i.e., policy claims and debt obligations). The average duration of the fixed maturity portfolio, including cash and cash equivalents, was 2.4 years at both September 30, 2023 and December 31, 2022. The Company’s fixed maturity investment portfolio and investment-related assets as of September 30, 2023 were as follows:
($ in thousands)Carrying
Value		Percent
of Total
Fixed maturity securities:
U.S. government and government agencies$1,467,199 5.6 %
State and municipal:
Special revenue1,646,921 6.3 
State general obligation405,969 1.6 
Local general obligation385,340 1.5 
Corporate backed179,973 0.7 
Pre-refunded (1)102,594 0.3 
Total state and municipal2,720,797 10.4 
Mortgage-backed:
Agency1,250,357 4.8 
Commercial629,512 2.4 
Residential-Prime196,519 0.8 
Residential-Alt A2,937 — 
Total mortgage-backed2,079,325 8.0 
Asset-backed4,087,458 15.6 
Corporate:
Industrial3,344,567 12.8 
Financial2,679,247 10.3 
Utilities643,277 2.5 
Other581,723 2.2 
Total corporate7,248,814 27.8 
Foreign government and foreign government agencies1,431,712 5.5 
Total fixed maturity securities19,035,305 72.9 
Equity securities:
Common stocks961,433 3.7 
Preferred stocks220,628 0.8 
Total equity securities1,182,061 4.5 
Cash and cash equivalents (2)2,035,399 7.8 
Investment funds1,600,495 6.1 
Real estate1,270,545 4.9 
Arbitrage trading account825,049 3.1 
Loans receivable177,750 0.7 
Total investments$26,126,604 100.0 %
____________________
(1) Pre-refunded securities are securities for which an escrow account has been established to fund the remaining payments of principal and interest through maturity. Such escrow accounts are funded almost exclusively with U.S. Treasury and U.S. government agency securities.
(2) Cash and cash equivalents includes trading accounts receivable from brokers and clearing organizations, trading account securities sold but not yet purchased and unsettled purchases.
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Fixed Maturity Securities. The Company’s investment policy with respect to fixed maturity securities is generally to purchase instruments with the expectation of holding them to their maturity. However, management of the available for sale portfolio is considered necessary to maintain an approximate matching of assets and liabilities as well as to adjust the portfolio as a result of changes in financial market conditions and tax considerations.
The Company’s philosophy related to holding or selling fixed maturity securities is based on its objective of maximizing total return. The key factors that management considers in its investment decisions as to whether to hold or sell fixed maturity securities are its view of the underlying fundamentals of specific securities as well as its expectations regarding interest rates, credit spreads and currency values. In a period in which management expects interest rates to rise, the Company may sell longer duration securities in order to mitigate the impact of an interest rate rise on the fair value of the portfolio. Similarly, in a period in which management expects credit spreads to widen, the Company may sell lower quality securities, and in a period in which management expects certain foreign currencies to decline in value, the Company may sell securities denominated in those foreign currencies. The sale of fixed maturity securities in order to achieve the objective of maximizing total return may result in realized gains or losses; however, there is no reason to expect these gains or losses to continue in future periods.
Equity Securities. Equity securities primarily represent investments in common and preferred stocks in companies with potential growth opportunities in different sectors, mainly in the financial institutions, energy and technology sectors.
Investment Funds. At September 30, 2023, the carrying value of investment funds was $1.6 billion, including investments in financial services funds of $430 million, other funds of $403 million (which includes a deferred compensation trust asset of $31 million), transportation funds of $336 million, real estate funds of $191 million, infrastructure funds of $125 million and energy funds of $115 million. Investment funds are generally reported on a one-quarter lag.
Real Estate. Real estate is directly owned property held for investment. At September 30, 2023, real estate properties in operation included a long-term ground lease in Washington D.C., an office complex in New York City and the completed portion of a mixed-use project in Washington D.C. In addition, part of the previously mentioned mixed-use project in Washington D.C. is under development. The Company expects to fund further development costs for the project with a combination of its own funds and external financing. The Company recognized impairments on real estate of $21 million and $72 million in the three months and nine months ended September 30, 2023, respectively. During the first quarter of 2022, the Company sold an office building in London.
Arbitrage Trading Account. The arbitrage trading account is comprised of direct investments in arbitrage securities. Merger arbitrage is the business of investing in the securities of publicly held companies that are the targets in announced tender offers and mergers.
Loans Receivable. Loans receivable, which are carried at amortized cost (net of allowance for expected credit losses), had an amortized cost of $178 million and an aggregate fair value of $174 million at September 30, 2023. The amortized cost of loans receivable is net of an allowance for expected credit losses of $4 million as of September 30, 2023. Loans receivable include real estate loans of $160 million that are secured by commercial and residential real estate located primarily in London and New York. Real estate loans generally earn interest at fixed or stepped interest rates and have maturities through 2026. Loans receivable include commercial loans of $18 million that are secured by business assets and have fixed interest rates with varying maturities not exceeding 10 years.
Market Risk. The fair value of the Company’s investments is subject to risks of fluctuations in credit quality and interest rates. The Company uses various models and stress test scenarios to monitor and manage interest rate risk. The Company attempts to manage its interest rate risk by maintaining an appropriate relationship between the effective duration of the investment portfolio and the approximate duration of its liabilities (i.e., policy claims and debt obligations). The effective duration for the fixed maturity portfolio (including cash and cash equivalents) was 2.4 years at both September 30, 2023 and December 31, 2022.
In addition, the fair value of the Company’s international investments is subject to currency risk. The Company attempts to manage its currency risk by matching its foreign currency assets and liabilities where considered appropriate.

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Liquidity and Capital Resources
    Cash Flow. Cash flow provided from operating activities increased to $2,231 million in the nine months ended September 30, 2023 from $1,773 million in the nine months ended September 30, 2022, primarily due to increased premium receipts, partially offset by an increase in loss and loss expense payments.
    The Company's insurance subsidiaries' principal sources of cash are premiums, investment income, service fees and proceeds from sales and maturities of portfolio investments. The principal uses of cash are payments for claims, taxes, operating expenses and dividends. The Company expects its insurance subsidiaries to fund the payment of losses with cash received from premiums, investment income and fees. The Company generally targets an average duration for its investment portfolio that is within 1.5 years of the average duration of its liabilities so that portions of its investment portfolio mature throughout the claim cycle and are available for the payment of claims if necessary. In the event operating cash flow and proceeds from maturities and prepayments of fixed income securities are not sufficient to fund claim payments and other cash requirements, the remainder of the Company's cash and investments is available to pay claims and other obligations as they become due. The Company's investment portfolio is highly liquid, with approximately 80% invested in cash, cash equivalents and marketable fixed maturity securities as of September 30, 2023. If the sale of fixed maturity securities were to become necessary, a realized gain or loss equal to the difference between the cost and sales price of securities sold would be recognized.
    Debt. At September 30, 2023, the Company had senior notes, subordinated debentures and other debt outstanding with a carrying value of $2,837 million and a face amount of $2,865 million. In the first quarter of 2022, the Company repaid at maturity its $77 million aggregate principal amount of 8.7% senior notes in January and its $350 million aggregate principal amount of 4.625% senior notes in March. The maturities of the outstanding debt are $7 million in 2024, $3 million in 2025, $250 million in 2037, $350 million in 2044, $470 million in 2050, $400 million in 2052, $185 million in 2058, $300 million in 2059, $250 million in 2060, and $650 million in 2061.
On April 1, 2022, the Company entered into a senior unsecured revolving credit facility that provides for revolving, unsecured borrowings up to an aggregate of $300 million with a $50 million sublimit for letters of credit. The Company may increase the amount available under the facility to a maximum of $500 million subject to obtaining lender commitments for the increase and other customary conditions. Borrowings under the facility may be used for working capital and other general corporate purposes. All borrowings under the facility must be repaid by April 1, 2027, except that letters of credit outstanding on that date may remain outstanding until April 1, 2028 (or such later date approved by all lenders). Our ability to utilize the facility is conditioned on the satisfaction of representations, warranties and covenants that are customary for facilities of this type. As of September 30, 2023, there were no borrowings outstanding under the facility.
    Equity. At September 30, 2023, total common stockholders’ equity was $6.9 billion, common shares outstanding were 258,043,531 and stockholders’ equity per outstanding share was $26.80. During the nine months ended September 30, 2023, the Company repurchased 7,146,975 shares of its common stock for $430.5 million. In the third quarter of 2023, the board of directors of the Company declared a regular quarterly cash dividend of $0.11 per share and a special cash dividend of $0.50 per share. In the second quarter of 2023, the board of directors of the Company declared a regular quarterly cash dividend of $0.11 per share. In the first quarter of 2023, the board of directors of the Company declared a regular quarterly cash dividend of $0.10 per share and a special cash dividend of $0.50 per share. The number of common shares outstanding excludes shares held in a grantor trust established by the Company for delivery upon settlement of vested but mandatorily deferred RSUs.
    Total Capital. Total capitalization (equity, debt and subordinated debentures) was $9.8 billion at September 30, 2023. The percentage of the Company’s capital attributable to senior notes, subordinated debentures and other debt was 29% at September 30, 2023 and 30% at December 31, 2022.

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Item 3.     Quantitative and Qualitative Disclosure About Market Risk
    Reference is made to the information under “Investments - Market Risk” under the caption “Management’s Discussion and Analysis of Financial Condition and Results of Operations” in this Form 10-Q.

Item 4.     Controls and Procedures
    Disclosure Controls and Procedures. The Company’s management, including its Chief Executive Officer and Chief Financial Officer, has conducted an evaluation of the effectiveness of the Company’s disclosure controls and procedures pursuant to Securities Exchange Act Rule 13a-14 as of the end of the period covered by this quarterly report. Based on that evaluation, the Chief Executive Officer and Chief Financial Officer concluded that the Company has in place effective controls and procedures designed to ensure that information required to be disclosed by the Company in the reports it files or submits under the Securities Exchange Act of 1934, as amended, and the rules thereunder, is recorded, processed, summarized and reported within the time periods specified in the Securities and Exchange Commission’s rules and forms.
    Changes in Internal Control over Financial Reporting. During the quarter ended September 30, 2023, there were no changes in the Company’s internal control over financial reporting that have materially affected, or are reasonably likely to materially affect, the Company’s internal control over financial reporting.

PART II — OTHER INFORMATION
Item 1. Legal Proceedings
    Please see Note 20 to the notes to the interim consolidated financial statements.

Item 1A. Risk Factors
There have been no material changes from the risk factors previously disclosed in the Company’s annual report on Form 10-K for the fiscal year ended December 31, 2022.


Item 2. Unregistered Sales of Equity Securities and Use of Proceeds    
    Set forth below is a summary of the shares repurchased by the Company during the three months ended September 30, 2023, and the number of shares remaining authorized for purchase by the Company:

Total number
of shares purchased		Average price
paid per share		Total number of shares purchased
as part of publicly announced plans or programs		Maximum number of
shares that may yet be purchased under the plans or programs
July 2023— $— — 14,850,000 
August 202348,016 $60.75 48,016 14,801,984 
September 2023— $— — 14,801,984 



Item 5. Other Information

None of the Company's directors or officers adopted, modified or terminated a Rule 10b5-1 trading arrangement or a non-Rule 10b5-1 trading arrangement during the quarter ended September 30, 2023, as such terms are defined under Item 408(a) of Regulation S-K.
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Item 6. Exhibits
Number 
Certification of the Chief Executive Officer pursuant to Rule 13a-14(a)/ 15d-14(a).
  
Certification of the Chief Financial Officer pursuant to Rule 13a-14(a)/ 15d-14(a).
  
Certification of the Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
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SIGNATURES
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 thereunto duly authorized.


 
W. R. BERKLEY CORPORATION



Date:November 3, 2023/s/ W. Robert Berkley, Jr.
 W. Robert Berkley, Jr.
 President and Chief Executive Officer 
  
Date:November 3, 2023/s/ Richard M. Baio
 Richard M. Baio
 Executive Vice President -
Chief Financial Officer
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