Note 10. Investments

The following tables set forth the Company’s cash and investments as of March 31, 2012 and December 31, 2011. The table below includes other-than-temporarily impaired (“OTTI”) securities recognized within other comprehensive income (“OCI”).


	As of March 31, 2012
In thousands	Fair Value		Gross Unrealized Gains		Gross Unrealized Losses			Amortized Cost		OTTI Recognized in OCI
Fixed maturities:
U.S. Government Treasury bonds, agency bonds, and foreign government bonds	$	418,876	$	8,032	$	(856	)	$	411,700	$	—
States, municipalities and political subdivisions		398,399		28,185		(156	)		370,370		—
Mortgage-backed and asset-backed securities:
Agency mortgage-backed securities		385,239		16,240		(7	)		369,006		—
Residential mortgage obligations		20,254		35		(2,009	)		22,228		(1,037	)
Asset-backed securities		49,077		874		(45	)		48,248		—
Commercial mortgage-backed securities		212,609		13,248		(76	)		199,437		—

Subtotal	$	667,179	$	30,397	$	(2,137	)	$	638,919	$	(1,037	)
Corporate bonds		459,109		17,945		(923	)		442,087		—

Total fixed maturities	$	1,943,563	$	84,559	$	(4,072	)	$	1,863,076	$	(1,037	)
Equity securities — common stocks		102,400		27,263		(342	)		75,479		—
Short-term investments		202,977		—		—			202,977		—
Cash		45,508		—		—			45,508		—

Total	$	2,294,448	$	111,822	$	(4,414	)	$	2,187,040	$	(1,037	)


	As of December 31, 2011
In thousands	Fair Value		Gross Unrealized Gains		Gross Unrealized Losses			Amortized Cost		OTTI Recognized in OCI
Fixed maturities:
U.S. Government Treasury bonds, agency bonds, and foreign government bonds	$	336,070	$	8,979	$	(383	)	$	327,474	$	—
States, municipalities and political subdivisions		410,836		28,887		(108	)		382,057		—
Mortgage-backed and asset-backed securities:
Agency mortgage-backed securities		395,860		17,321		(3	)		378,542		—
Residential mortgage obligations		23,148		8		(2,848	)		25,988		(1,682	)
Asset-backed securities		48,934		695		(75	)		48,314		—
Commercial mortgage-backed securities		216,034		10,508		(593	)		206,119		—

Subtotal	$	683,976	$	28,532	$	(3,519	)	$	658,963	$	(1,682	)
Corporate bonds		457,187		15,743		(6,772	)		448,216		—

Total fixed maturities	$	1,888,069	$	82,141	$	(10,782	)	$	1,816,710	$	(1,682	)
Equity securities — common stocks		95,849		23,240		(958	)		73,567		—
Short-term investments		122,220		—		—			122,220		—
Cash		127,360		—		—			127,360

Total	$	2,233,498	$	105,381	$	(11,740	)	$	2,139,857	$	(1,682	)

The fair value of the Company’s investment portfolio may fluctuate significantly in response to various factors such as changes in interest rates, investment quality ratings, equity prices, foreign exchange rates and credit spreads. The Company does not have the intent to sell nor is it more likely than not that it will have to sell debt securities in unrealized loss positions that are not other-than-temporarily impaired before recovery. The Company may realize investment losses to the extent its liquidity needs require the disposition of fixed maturity securities in unfavorable interest rate, liquidity or credit spread environments. Significant changes in the factors the Company considers when evaluating investment for impairment losses could result in a significant change in impairment losses reported in the consolidated financial statements.

The contractual maturity dates for fixed maturity securities categorized by the number of years until maturity as of March 31, 2012 are shown in the following table:


	As of March 31, 2012
In thousands	Fair Value		Amortized Cost
Due in one year or less	$	46,615	$	46,244
Due after one year through five years		627,418		611,661
Due after five years through ten years		385,720		363,151
Due after ten years		216,631		203,101
Mortgage- and asset-backed securities		667,179		638,919

Total	$	1,943,563	$	1,863,076

Expected maturities may differ from contractual maturities because issuers may have the right to call or prepay obligations with or without call or prepayment penalties. Due to the periodic repayment of principal, the mortgage-backed and asset-backed securities are estimated to have an effective maturity of approximately 3.8 years.

The following table shows the amount and percentage of the Company’s fixed maturities and short-term investments at March 31, 2012 by S&P credit rating or, if an S&P rating is not available, the equivalent Moody’s Investor Services (“Moody’s”) rating. The table includes fixed maturities and short-term investments at fair value, and the total rating is the weighted average quality rating.


In thousands	Rating	Fair Value		Percent of Total
Rating description:
Extremely strong	AAA	$	316,690		16	%
Very strong	AA		1,076,193		56	%
Strong	A		411,864		21	%
Adequate	BBB		123,112		6	%
Speculative	BB & Below		11,833		1	%
Not rated	NR		3,871		0	%

Total	AA	$	1,943,563		100	%

The following table summarizes all securities in a gross unrealized loss position as of March 31, 2012 and December 31, 2011, showing the aggregate fair value and gross unrealized loss by the length of time those securities had continuously been in a gross unrealized loss position as well as the relevant number of securities.


	As of March 31, 2012						As of December 31, 2011
In thousands, except # of securities	Number of Securities		Fair Value		Gross Unrealized Loss		Number of Securities		Fair Value		Gross Unrealized Loss
Fixed maturities:
U.S. Government Treasury bonds, agency bonds, and foreign government bonds
0-6 months		28	$	173,094	$	755		7	$	58,587	$	98
7-12 months		—		—		—		—		—		—
> 12 months		2		7,060		101		2		6,883		285

Subtotal		30	$	180,154	$	856		9	$	65,470	$	383
States, municipalities and political subdivisions
0-6 months		6	$	6,731	$	99		7	$	5,894	$	72
7-12 months		2		1,906		34		1		216		1
> 12 months		3		1,717		23		5		2,420		35

Subtotal		11	$	10,354	$	156		13	$	8,530	$	108
Agency mortgage-backed securities
0-6 months		4	$	7,368	$	7		3	$	5,087	$	3
7-12 months		—		—		—		—		—		—
> 12 months		—		—		—		—		—		—

Subtotal		4	$	7,368	$	7		3	$	5,087	$	3
Residential mortgage obligations
0-6 months		3	$	787	$	100		6	$	6,672	$	184
7-12 months		5		2,534		101		7		5,250		313
> 12 months		47		11,780		1,808		47		10,749		2,351

Subtotal		55	$	15,101	$	2,009		60	$	22,671	$	2,848
Asset-backed securities
0-6 months		—	$	—	$	—		2	$	4,933	$	12
7-12 months		4		5,291		45		5		6,645		63
> 12 months		1		2		—		1		2		—

Subtotal		5	$	5,293	$	45		8	$	11,580	$	75
Commercial mortgage-backed securities
0-6 months		7	$	9,311	$	45		6	$	5,465	$	29
7-12 months		2		185		6		3		6,840		550
> 12 months		2		1,040		25		3		1,503		14

Subtotal		11	$	10,536	$	76		12	$	13,808	$	593
Corporate bonds
0-6 months		9	$	37,306	$	138		52	$	135,516	$	4,539
7-12 months		20		39,538		575		18		27,561		1,457
> 12 months		6		7,900		210		8		14,898		776

Subtotal		35	$	84,744	$	923		78	$	177,975	$	6,772

Total fixed maturities		151	$	313,550	$	4,072		183	$	305,121	$	10,782

Equity securities-common stocks
0-6 months		1	$	2,032	$	15		4	$	3,320	$	587
7-12 months		2		3,262		327		1		1,629		371
> 12 months		—		—		—		—		—		—

Total equity securities		3	$	5,294	$	342		5	$	4,949	$	958

As of March 31, 2012 and December 31, 2011, the largest single unrealized loss by a non-government backed issuer in the investment portfolio was $0.3 million and $1.4 million, respectively.

The Company analyzes the unrealized losses quarterly to determine if any are other-than-temporary. The above unrealized losses have been determined to be temporary based on our analysis.

For debt securities, when assessing whether the amortized cost basis of the security will be recovered, the Company compares the present value of cash flows expected to be collected in relation to the current book value. Any shortfalls of the present value of the cash flows expected to be collected to the amortized cost basis is considered the credit loss portion of OTTI losses and is recognized in earnings. All non-credit losses are recognized as changes in OTTI losses within OCI.

To determine whether the unrealized loss on structured securities is other-than-temporary, the Company analyzes the projections provided by its investment managers with respect to an expected principal loss under a range of scenarios and utilizes the most likely outcomes. The analysis relies on actual collateral performance measures such as default rate, prepayment rate and loss severity. These assumptions are applied throughout the remaining term of the deal, incorporating the transaction structure and priority of payments, to generate loss adjusted cash flows. Results of the analysis will indicate whether the security ultimately incurs a loss or whether there is a material impact on yield due to either a projected loss or a change in cash flow timing. A break even default rate is also calculated. A comparison of the break even default rate to the actual default rate provides an indication of the level of cushion or coverage to the first dollar principal loss. The analysis applies the stated assumptions throughout the remaining term of the transaction to forecast cash flows, which are then applied through the transaction structure to determine whether there is a loss to the security. For securities in which a tranche loss is present, and the net present value of loss adjusted cash flows is less than book value, impairment is recognized. The output data also includes a number of additional metrics such as average life remaining, original and current credit support, over 60 day delinquency and security rating.

The significant inputs used to measure the amount of credit loss recognized in earnings were actual delinquency rates, default probability assumptions, severity assumptions and prepayment assumptions. Projected losses are a function of both loss severity and probability of default. Default probability and severity assumptions differ based on property type, vintage and the stress of the collateral. The Company does not intend to sell any of these securities and it is more likely than not that it will not be required to sell these securities before the recovery of the amortized cost basis.

For equity securities, in general, the Company focuses its attention on those securities with a fair value less than 80% of their cost for six or more consecutive months. If warranted as the result of conditions relating to a particular security, the Company will focus on a significant decline in fair value regardless of the time period involved. Factors considered in evaluating potential impairment include, but are not limited to, the current fair value as compared to cost of the security, the length of time the investment has been below cost and by how much the investment is below cost. If an equity security is deemed to be other-than-temporarily impaired, the cost is written down to fair value with the loss recognized in earnings.

For equity securities, the Company also considers its intent to hold securities as part of the process of evaluating whether a decline in fair value represents an other-than-temporary decline in value. For fixed maturity securities, the Company considers its intent to sell a security and whether it is more likely than not that the Company will be required to sell a security before the anticipated recovery as part of the process of evaluating whether a security’s unrealized loss represents an other-than-temporary decline. The Company’s ability to hold such securities is supported by sufficient cash flow from its operations and from maturities within its investment portfolio in order to meet its claims payment and other disbursement obligations arising from its underwriting operations without selling such investments. With respect to securities where the decline in value is determined to be temporary and the security’s value is not written down, a subsequent decision may be made to sell that security and realize a loss. Subsequent decisions on security sales are made within the context of overall risk monitoring, changing information and market conditions.

The following table summarizes the gross unrealized investment losses as of March 31, 2012 by length of time where the fair value is less than 80% of amortized cost.


	Period for Which Fair Value is Less than 80% of Amortized Cost
In thousands	Less than 3 months		Longer than 3 months, less than 6 months		6 months or longer, less than 12 months		12 months or longer			Total
Fixed maturities	$	—	$	—	$	—	$	(547	)	$	(547	)
Equity securities		—		—		—		—			—

Total	$	—	$	—	$	—	$	(547	)	$	(547	)

The table below summarizes the Company’s activity related to OTTI losses for the periods indicated:


	Three Months Ended March 31,
	2012				2011
In thousands, except # of securities	Number of Securities		Amount		Number of Securities		Amount
Total other-than-temporary impairment losses:
Corporate and other bonds		—	$	—		—	$	—
Commercial mortgage-backed securities		—		—		—		—
Residential mortgage-backed securities		1		55		1		33
Asset-backed securities		—		—		—		—
Equities		2		143		1		230

Total		3	$	198		2	$	263
Less: Portion of loss in accumulated other comprehensive income (loss):
Corporate and other bonds			$	—			$	—
Commercial mortgage-backed securities				—				—
Residential mortgage-backed securities				44				22
Asset-backed securities				—				—
Equities				—				—

Total			$	44			$	22
Impairment losses recognized in earnings
Corporate and other bonds			$	—			$	—
Commercial mortgage-backed securities				—				—
Residential mortgage-backed securities				11				11
Asset-backed securities				—				—
Equities				143				230

Total			$	154			$	241

The following table summarizes the cumulative amounts related to the Company’s credit loss portion of the OTTI losses on debt securities for the three months ended March 31, 2012 and 2011. The Company does not intend to sell and it is more likely than not that it will not be required to sell the securities prior to recovery of the amortized cost basis and for which the non-credit loss portion is included in other comprehensive income:


	Three Months Ended March 31,
In thousands	2012		2011
Beginning balance	$	3,321	$	2,228
Additions for credit loss impairments recognized in the current period on securities not previously impaired		—		—
Additions for credit loss impairments recognized in the current period on securities previously impaired		11		11
Reductions for credit loss impairments previously recognized on securities sold during the period		—		—

Ending balance	$	3,332	$	2,239

The contractual maturity dates for fixed maturity securities categorized by the number of years until maturity, with a gross unrealized loss as of March 31, 2012 is presented in the following table:


	As of March 31, 2012
	Gross Unrealized Losses					Fair Value
In thousands	Amount		Percent of Total			Amount		Percent of Total
Due in one year or less	$	102		3	%	$	12,586		4	%
Due after one year through five years		938		23	%		183,891		58	%
Due after five years through ten years		694		17	%		52,004		17	%
Due after ten years		201		5	%		26,771		9	%
Mortgage- and asset-backed securities		2,137		52	%		38,298		12	%

Total	$	4,072		100	%	$	313,550		100	%

The Company’s net investment income was derived from the following sources:


	Three Months Ended March 31,
In thousands	2012			2011
Fixed maturities	$	15,411		$	17,192
Equity securities		947			783
Short-term investments		312			267

Total investment income		16,670			18,242
Investment expenses		(5,412	)		(858	)

Net investment income	$	11,258		$	17,384

Investment expenses for the three months ended March 31, 2012 included $4.5 million of estimated interest expense related to a summary judgment order entered against the Company in Arbitration in its dispute with Resolute over whether interest was due on previously paid balances that were allegedly overdue under certain reinsurance agreements. Refer to Note 9, Commitments and Contingencies.

The change in net unrealized gains/(losses), inclusive of the change in the non credit portion of other-than-temporary impairment losses, consisted of:


	Three Months Ended March 31,
In thousands	2012		2011
Fixed maturities	$	9,128	$	(3,640	)
Equity securities		4,639		3,861

Gross unrealized gains (losses)		13,767		221
Deferred income tax		4,818		183

Change in net unrealized gains (losses), net	$	8,949	$	38

Realized gains/(losses), excluding net other-than-temporary impairment losses recognized in earnings, for the periods indicated were as follows:


	Three Months Ended March 31,
In thousands	2012			2011
Fixed maturities:
Gains	$	3,142		$	2,867
Losses		(1,300	)		(4,256	)

Fixed maturities, net	$	1,842		$	(1,389	)
Equity securities:
Gains	$	—		$	—
Losses		—			—

Equity securities, net	$	—		$	—

Net realized gains (losses)	$	1,842		$	(1,389	)

The following tables present, for each of the fair value hierarchy levels as defined by the accounting guidance for fair value measurements, the Company’s fixed maturities and equity securities by asset class that are measured at fair value on a recurring basis as of March 31, 2012 and December 31, 2011:


	As of March 31, 2012
In thousands	Level 1		Level 2		Level 3		Total
Fixed maturities:
U.S. Government Treasury bonds, agency bonds, and foreign government bonds	$	181,701	$	237,175	$	—	$	418,876
States, municipalities and political subdivisions		—		398,399		—		398,399
Mortgage-backed and asset-backed securities:								—
Agency mortgage-backed securities		—		385,239		—		385,239
Residential mortgage obligations		—		20,254		—		20,254
Asset-backed securities		—		49,077		—		49,077
Commercial mortgage-backed securities		—		212,609		—		212,609

Subtotal	$	—	$	667,179	$	—	$	667,179
Corporate bonds		—		459,109		—		459,109

Total fixed maturities	$	181,701	$	1,761,862	$	—	$	1,943,563
Equity securities-common stocks		102,400		—		—		102,400

Total	$	284,101	$	1,761,862	$	—	$	2,045,963


	As of December 31, 2011
In thousands	Level 1		Level 2		Level 3		Total
Fixed maturities:
U.S. Government Treasury bonds, agency bonds, and foreign government bonds	$	136,625	$	199,445	$	—	$	336,070
States, municipalities and political subdivisions		—		410,836		—		410,836
Mortgage-backed and asset-backed securities:								—
Agency mortgage-backed securities		—		395,860		—		395,860
Residential mortgage obligations		—		23,148		—		23,148
Asset-backed securities		—		48,934		—		48,934
Commercial mortgage-backed securities		—		216,034		—		216,034

Subtotal	$	—	$	683,976	$	—	$	683,976
Corporate bonds		—		457,187		—		457,187

Total fixed maturities	$	136,625	$	1,751,444	$	—	$	1,888,069
Equity securities-common stocks		95,849		—		—		95,849

Total	$	232,474	$	1,751,444	$	—	$	1,983,918

The fair value of financial instruments is determined based on the following fair value hierarchy:

Level 1 — Quoted prices for identical instruments in active markets. Examples are listed equity and fixed income securities traded on an exchange. Treasury securities would generally be considered level 1.

Level 2 — Quoted prices for similar instruments in active markets; quoted prices for identical or similar instruments in markets that are not active; and model-derived valuations in which all significant inputs and significant value drivers are observable in active markets. Examples are asset-backed and mortgage-backed securities which are similar to other asset-backed or mortgage-backed securities observed in the market.

Level 3 — Valuations derived from valuation techniques in which one or more significant inputs or significant value drivers are unobservable. An example would be a private placement with minimal liquidity.

The Company did not have any transfers between Level 1 and 2 for March 31, 2012 and December 31, 2011.

There were no significant judgments made in classifying instruments in the fair value hierarchy.

As of March 31, 2012, the Company did not have any Level 3 assets. Any pricing where the input is based solely on a broker price is deemed to be a Level 3 price. The following tables present a reconciliation of the beginning and ending balances for all investments measured at fair value using Level 3 inputs during the three months ended March 31, 2011:


	For The Three Months Ended March 31, 2011
In thousands	Beginning Balance		Realized Gains (Losses)		Unrealized Gains (Losses)			Purchases		Sales			Settlements		Transfers into Level 3		Transfers out of Level 3			Ending Balance
Assets:
Commercial Mortgage Obligations	$	1,837	$	—	$	(26	)	$	—	$	(4	)	$	—	$	—	$	(1,807	)	$	—

Total assets	$	1,837	$	—	$	(26	)	$	—	$	(4	)	$	—	$	—	$	(1,807	)	$	—

As of March 31, 2012 and December 31, 2011, fixed maturities with amortized values of $9.0 million and $10.2 million, respectively, were on deposit with various state insurance departments. In addition, at March 31, 2012, investments of $1.2 million were on deposit at a U.K. bank to comply with the regulatory requirements of the Financial Services Authority for Navigators Insurance Company’s U.K. Branch. In addition, at March 31, 2012 and December 31, 2011, $0.3 million of investments were pledged as security under a reinsurance treaty.

As of March 31, 2012 and December 31, 2011, the Company did not have a concentration of greater than 5% of invested assets in a single non-U.S. government-backed issuer.