EX-99.1 5 c38407_ex99-1.htm

EXHIBIT 99.1

 

 

 

XL CAPITAL ASSURANCE INC.
AND SUBSIDIARY

CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
(UNAUDITED)

FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2005 AND 2004


XL Capital Assurance Inc. and Subsidiary
Condensed Consolidated Balance Sheets
(UNAUDITED)
(U.S. Dollars in thousands, except share and per share amounts)


 
As At
As At
 
 
June 30,
December 31,
 
 
2005
2004
 






 
Assets 
   
 
 
Investments: 
   
 
Fixed maturities available for sale, at fair value 
   
 
   (amortized cost: 2005 - $277,733; 2004 - $270,523) 
$ 
281,648    
$ 
272,950  
Short-term investments, at fair value 
   
 
   (amortized cost: 2005 - $4,278; 2004 - $3,657) 
4,277    
3,657  






 
                         Total investments 
285,925    
276,607  
 
Cash and cash equivalents 
59,013    
58,038  
Accrued investment income 
2,534    
2,564  
Prepaid reinsurance premium 
408,115    
362,725  
Premiums receivable 
4,218    
6,938  
Reinsurance balances recoverable on unpaid losses 
115,552    
91,111  
Intangible assets - acquired licenses 
11,529    
11,529  
Deferred Federal income tax assets 
16,803    
17,260  
Other assets 
23,750    
20,676  






 
                         Total assets 
$ 
927,439    
$ 
847,448  






 
 
Liabilities and Shareholder's Equity 
   
 
 
Liabilities: 
   
 
 Unpaid losses and loss adjustment expenses 
$ 
123,955    
$ 
95,324  
 Deferred premium revenue 
456,980    
406,296  
 Deferred ceding commissions, net 
36,116    
37,270  
 Reinsurance premiums payable 
32,628    
25,849  
 Accounts payable, accrued expenses and other liabilities 
29,948    
25,182  
 Current Federal income tax payable 
2,917    
2,917  
 Intercompany payable to affiliates 
10,165    
20,644  






 
                         Total liabilities 
$
692,709    
$
613,482  






 
 
Shareholder's Equity: 
   
 
 Common stock (par value $7,500 per share; 8,000 shares 
   
 
 authorized; 2,000 shares issued and outstanding) 
$
15,000    
$
15,000  
 Additional paid-in capital 
239,173    
239,173  
 Accumulated other comprehensive income (Net of deferred 
   
 
 Federal income tax effect of: 2005 - $1,370; 2004 - $850) 
2,543    
1,578  
 Accumulated deficit 
(21,986 )   
(21,785 ) 






 
                         Total shareholder's equity 
234,730    
233,966  






 
                         Total liabilities and shareholder's equity 
$ 
927,439    
$ 
847,448  







See accompanying notes to condensed consolidated financial statements.


XL Capital Assurance Inc. and Subsidiary

Condensed Consolidated Statements of Operations and Comprehensive Income
(UNAUDITED)
(U.S. Dollars in thousands)


 
Three months ended    
Six months ended  
 
June 30, 
June 30, 
 
 
 
2005
2004
2005
2004
 












 
 
Revenues 
   
   
   
 
 Gross premiums written 
$
77,964    
$ 
65,390    
$
115,378    
$ 
107,329  
 Ceded premiums written 
(69,795 )   
(58,904 )   
(103,503 )   
(90,596 ) 












                   Net premiums written 
8,169    
6,486    
11,875    
16,733  
 Change in deferred premium revenue 
(4,802 )   
(3,345 )   
(5,295 )   
(9,836 ) 












                   Net premiums earned (Net of ceded earned premium for the 
3,367    
3,141    
6,580    
6,897  
                   six months of $58,113 in 2005 and $42,472 in 2004) 
   
   
   
 
 Net investment income 
3,167    
2,554    
6,201    
5,049  
 Net realized gains (losses) on investments 
65    
(1,162 )   
9    
(689 ) 
 Net realized and unrealized gains (losses) on credit derivatives 
(336 )   
197    
(128 )   
515  
 Fee income and other 
21    
-    
76    
-  












 
                   Total revenues 
6,284    
4,730    
12,738    
11,772  












 
Expenses 
   
   
   
 
 Net losses and loss adjustment expenses (net of ceded losses 
   
   
   
 
     and loss adjustment expenses for the six months of 
4,120    
758    
4,482    
1,415  
     $25,709 in 2005 and $8,713 in 2004) 
   
   
   
 
 Net operating expenses 
4,960    
5,655    
8,520    
11,894  












 
                   Total expenses 
9,080    
6,413    
13,002    
13,309  












 
                   Loss before Federal income tax benefit 
(2,796 )   
(1,683 )   
(264 )   
(1,537 ) 












 
 Federal income tax benefit 
(1,038 )   
(557 )   
(63 )   
(507 ) 












 
                   Net loss 
(1,758 )   
(1,126 )   
(201 )   
(1,030 ) 












 
Comprehensive Income (Loss) 
   
   
   
 
 Other comprehensive income (loss) 
3,556    
(5,627 )   
965    
(2,996 ) 












 
                   Comprehensive income (loss) 
$
1,798    
$ 
(6,753 )   
$
764    
$ 
(4,026 ) 













See accompanying notes to condensed consolidated financial statements.


XL Capital Assurance Inc. and Subsidiary
Condensed Consolidated Statements of Changes in Shareholder’s Equity
(UNAUDITED)
(U.S. Dollars in thousands, except share amounts)


 
Six months ended
Year Ended
 
June 30,
December 31,
 
2005
2004






 
Common Shares 
   
 
 Number of shares, beginning of year 
2,000    
2,000  






                                   Number of shares, end of period 
2,000    
2,000  






 
Common Stock 
   
 
 Balance - beginning of year 
$ 
15,000    
$ 
15,000  






                                   Balance- end of period 
15,000    
15,000  






 
Additional Paid-In Capital 
   
 
 Balance - beginning of year 
239,173    
239,173  






                                   Balance- end of period 
239,173    
239,173  






Accumulated Other Comprehensive Income 
   
 
 Balance - beginning of year 
1,578    
1,327  
 Net change in unrealized appreciation of investments, net of 
   
 
   deferred Federal tax expense of $519 in 2005 and $134 in 2004 
965    
251  






                                   Balance- end of period 
2,543    
1,578  






 
Accumulated deficit 
   
 
 Balance - beginning of year 
(21,785 )   
(18,272 ) 
 Net loss 
(201 )   
(3,513 ) 






                                   Balance- end of period 
(21,986 )   
(21,785 ) 






 
Total shareholder's equity 
$ 
234,730    
$ 
233,966  







See accompanying notes to condensed consolidated financial statements.


XL Capital Assurance Inc. and Subsidiary
Condensed Consolidated Statements of Cash Flows
(UNAUDITED)
(U.S. Dollars in thousands)


 
Six months ended 
 
 
June 30, 
 
 
2005
2004
 






 
Cash flows from operating activities: 
   
 
 Net Loss 
$
(201 )   
$ 
(1,030 ) 
Adjustments to reconcile net loss to net cash used in 
   
 
operating activities 
   
 
     Net realized (gains) losses on sale of investments 
(9 )   
689  
     Net realized and unrealized (gains) losses on credit derivatives 
128    
(515 ) 
           excluding cash received and paid 
   
 
     Amortization of premium on bonds 
578    
686  
     Increase (decrease) in unpaid losses and loss adjustment expenses, net 
4,190    
(158 ) 
     Increase in deferred premium revenue, net 
5,295    
9,836  
     (Decrease) increase in deferred ceding commissions, net 
(1,154 )   
284  
     Increase (decrease) in reinsurance premiums payable 
6,779    
(10,913 ) 
     Decrease (increase) in premiums receivable 
2,720    
(3,671 ) 
     Decrease in accrued investment income 
30    
60  
     (Increase) in deferred Federal income tax assets 
(63 )   
(507 ) 
     Increase (decrease) in accounts payable and accrued expenses 
4,638    
(5,507 ) 
     (Decrease) increase in intercompany payable to affiliates 
(10,479 )   
4,715  
     Other 
(3,089 )   
2,367  






 
                         Total adjustments 
9,564    
(2,634 ) 






 
                         Net cash provide by (used in) operating activities 
9,363    
(3,664 ) 






 
Cash flows from investing activities: 
   
 
 Proceeds from sale of fixed maturities and short-term investments 
54,113    
132,506  
 Proceeds from maturity of fixed maturities and short-term investments 
6,159    
385  
 Purchase of fixed maturities and short-term investments 
(68,660 )   
(153,914 ) 






 
                         Net cash used in investing activities 
(8,388 )   
(21,023 ) 






 
 
Increase (decrease) in cash and cash equivalents 
975    
(24,687 ) 
 
Cash and cash equivalents- beginning of year 
58,038    
76,854  






 
Cash and cash equivalents- end of period 
$
59,013    
$ 
52,167  






 
Taxes paid 
$
-      
$ 
-   







See accompanying notes to condensed consolidated financial statements.


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)



1.
Organization and Ownership

XL Capital Assurance Inc. (the “Company”) is a wholly owned subsidiary of XL Reinsurance America, Inc. (“XL RE AM”). XL RE AM and the Company are indirect wholly owned subsidiaries of XL Capital Ltd (“XL Capital”), a public company whose shares are listed on the New York Stock Exchange.

The Company is an insurance company domiciled in the State of New York and licensed to conduct financial guaranty insurance business throughout the United States, as well as in Puerto Rico, the District of Columbia, and the U.S. Virgin Islands. The Company has triple-A financial strength ratings from Standard & Poor’s, Moody’s Investors Service, and Fitch Ratings. The Company is primarily engaged in the business of providing credit enhancement on fixed and variable rate income securities through the issuance of financial guaranty insurance policies, and credit protection on specific referenced credits or on pools of specific referenced credits through the issuance of credit default swaps.

Financial guaranty insurance provides an unconditional and irrevocable guaranty that protects the holder of a financial obligation against non-payment of principal and interest when due. Financial guaranty insurance may be issued to the holders of the insured obligations at the time of issuance of those obligations, or may be issued in the secondary market to holders of public bonds and structured securities. Credit default swaps are derivative contracts which offer credit protection relating to a particular security or issuer. Under the terms of a credit default swap, the seller of credit protection makes a specified payment to the buyer of credit protection upon the occurrence of one or more specified credit events with respect to a reference obligation or entity. Credit derivatives typically provide protection to a buyer rather than credit enhancement of an issue as in traditional financial guaranty insurance.

On April 24, 2002, the Company formed XL Capital Assurance (U.K.) Limited, (“XLCA-UK”), an insurance company organized under the laws of England. XLCA-UK is a wholly owned subsidiary of the Company.

In addition to its New York headquarters and London subsidiary (which has a Madrid branch), the Company maintains branch offices domestically in California and abroad in Singapore.

2. Basis of Presentation and Consolidation

The accompanying condensed consolidated financial statements include the accounts of the Company and its subsidiary and are unaudited. In the opinion of management, all adjustments, which include only normal recurring adjustments, necessary for a fair statement of the financial position, results of operations and cash flows at June 30, 2005 and for all periods presented, have been made and all significant intercompany accounts and transactions have been eliminated.

The accompanying condensed consolidated financial statements have been prepared in accordance with instructions to Form 10-Q and, accordingly, do not include all of the information and disclosures required by accounting principals generally accepted in the United States of America. These statements should be read in conjunction with the Company’s December 31, 2004 consolidated financial statements and notes thereto. The accompanying condensed consolidated balance sheet as of December 31, 2004 was derived from audited financial statements, but does not include all disclosures required by accounting principles generally accepted in the United States of America. The results of operations for the periods ended June 30, 2005 and 2004 are not necessarily indicative of the operating results for the full year.

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 disclosure of


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


contingent assets and liabilities, as well as the reported amounts of revenue and expenses. Actual results may differ from those estimates. Certain comparative figures have been reclassified to conform with the current year’s presentation.

3. Credit Default Swaps

Credit default swaps are recorded at fair value which is determined using a model developed by the Company and is dependent upon a number of factors including changes in interest rates, credit spreads, changes in credit quality, expected recovery rates and other market factors. The change resulting from movements in these factors is unrealized as the credit default swaps are not traded to realize this value and is included in “net realized and unrealized gains on credit derivatives”. Other elements of the change in fair value are based upon pricing established at the inception of the contract, as well as actual and expected loss payments by the Company.

Effective January 1, 2005, the Company changed the presentation of the results from credit default swaps in its statement of operations to reclassify changes in the fair value of such instruments attributable to earnings from premiums received by the Company from the issuance of such contracts and losses from actual and expected payments to counterparties under such contracts from the line item caption entitled “net realized and unrealized gains (losses) on credit derivatives” to the “premium” and “losses and loss adjustment expense” captions in the statement, respectively. In addition, certain reclassifications were made to the Company’s balance sheet to correspond with the aforementioned changes in its statement of operations. This change in presentation is applicable only to credit default swaps issued by the Company that it has the intent and ability to hold to maturity and is consistent with practices in the financial guaranty insurance industry for reporting the results of such instruments. Results of the prior period presented have been reclassified to conform the current period presented.

The credit default swap portfolio consists of structured pools of corporate obligations that were awarded investment grade ratings at the respective deals’ inception. At June 30, 2005, approximately 90% of the portfolio was rated AAA with the remaining 10% allocated to other investment grade ratings. The weighted average term of the contracts in force was approximately 3.83 years, and the credit default swaps represented approximately 9% of the Company’s credit enhancement par exposure at June 30, 2005.


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


Amounts related to credit default swaps appear in the following financial statement line items as of and for the periods noted:

(U.S. Dollars in thousands) 
(Unaudited) 
 
 
Three Months Ended 
 
 
June 30, 
 



 
 
2005
2004 
 





 
Income Statement 
   
   
Gross written premiums 
$ 
3,474    
$ 
8,169   
Net premiums earned 
310    
779   
Net realized and unrealized gains (losses) on credit derivatives 
(336 )   
197   
Net losses and loss expenses 
27    
62   
 
 
(Unaudited) 
 
 
Six Months Ended 
 
 
June 30, 
 



 
 
2005
2004 
 





 
Income Statement 
   
   
Gross written premiums 
$ 
8,357    
$ 
13,161   
Net premiums earned 
761    
1,172   
Net realized and unrealized gains (losses) on credit derivatives 
(128 )   
515   
Net losses and loss expenses 
81    
155   
 
 
As of
As of 
 
 
June 30,
December 31, 
 
 
2005
2004 
 





 
Assets 
   
   
Reinsurance balances recoverable on unpaid losses 
$ 
8,750    
$ 
8,215   
Reinsurance recoverable on unrealized losses on derivatives 
23,501    
20,514   





 
   Total assets 
$ 
32,251    
$ 
28,729   





 
Liabilities 
   
   
Unpaid losses and loss adjustment expenses 
$ 
9,502    
$ 
8,886   
Unrealized losses on derivatives 
22,367    
19,252   





 
   Total liabilities 
$ 
31,869    
$ 
28,138   





 

4. Recent Developments

In March 2005, the FASB issued FASB Staff Position (“FSP”) FIN 46(R)-5, Implicit Variable Interests Under FASB Interpretation No. 46(R) which requires an enterprise to consider whether it holds an implicit variable interest in a Variable Interest Entity (“VIE”) and what affect this may have on the calculation of expected losses and residual returns of the VIE and the determination of which party, if any, is considered the primary beneficiary of the VIE. The Company adopted the FSP effective April 1, 2005. The adoption of this FSP had no material impact on the Company’s financial condition or results of operations.

At the request of the Securities and Exchange Commission, the Financial Accounting Standards Board has added a project to their agenda to review the accounting for financial guaranty insurance. The Company recognizes that there is diversity in practice among financial guarantee insurers and reinsurers


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


with respect to their accounting policies. Current accounting literature, specifically Financial Accounting Standards Board (“FASB”) Statement of Financial Accounting Standards No. 60 "Accounting and Reporting by Insurance Enterprises" ("SFAS 60”) and FASB Statement of Financial Accounting Standards No. 97 "Accounting and Reporting by Insurance Enterprises for Certain Long-Duration Contracts and for Realized Gains and Losses from the Sale of Investments" ("SFAS 97"), does not specifically address the unique characteristics of loss reserves for financial guarantee insurance contracts. Consequently, the accounting principles applied by the industry, as well as the Company, have evolved over time and incorporate the concepts of both short-duration and long-duration contract accounting under the provisions of SFAS 60 and SFAS 97, as well as other accounting literature, such as FASB No. 5 “Accounting for Contingencies” and Emerging Issues Task Force (“EITF”) Issue No. 85-20 “Recognition of Fees for Guaranteeing a Loan”. The Company will continue its loss reserving methodology as described in the 2004 year-end financial statements until further guidance is provided by the FASB.

5. Variable Interest Entities

The Company participates in transactions which utilize variable interest entities (“VIE’s”) in the ordinary course of the Company’s business. The Company provides financial guaranty insurance of structured transactions backed by pools of assets of specified types, municipal obligations supported by the issuers’ ability to charge fees for specified services or projects, and corporate risk obligations including essential infrastructure projects and obligations backed by receivables from future sales of commodities and other specified services. The obligations related to these transactions are often securitized through off-balance sheet VIE’s. In synthetic transactions, the Company guarantees payment obligations of counterparties, including VIE’s, through credit default swaps referencing asset portfolios. The Company only provides financial guaranty insurance of these VIE’s for fixed premiums at market rates but does not hold any equity positions or subordinated debt in these off-balance sheet arrangements. These financial guaranty insurance contracts represent variable interests held by the Company in VIE’s.

In underwriting financial guaranty insurance, the Company believes the risk of any loss to be remote based upon the Company’s requirement that guaranteed obligations be investment-grade prior to the provision of credit enhancement. Typically, in the case of asset-backed securities and other structured obligations, such investment grade ratings are based upon subordination, cash reserves and other structural protections. Consequently, the Company has determined that it is not the primary beneficiary of any VIE’s in which it holds a variable interest. Accordingly, these VIE’s are not consolidated.

6. Tax Sharing Agreement

The Company’s U.S. Federal income tax return is consolidated with XLA and its subsidiaries. XLA maintains a tax sharing agreement with its subsidiaries, whereby the consolidated U.S. Federal income tax liability is allocated among affiliates in the ratio that each affiliate’s separate return liability bears to the sum of the separate return liabilities of all affiliates that are members of the consolidated group. In addition, a complementary method is used which results in reimbursement by profitable affiliates to loss affiliates for tax benefits generated by loss affiliates. As of June 30, 2005 and December 31, 2004, the Company had deferred Federal income tax assets of $16,803,000 and $17,260,000, respectively. Management has concluded that the net deferred federal income tax assets are more likely than not to be realized, therefore, no valuation allowance has been provided.

7. Treaties and Agreements with Affiliates

General Services Agreements

The Company entered into a General Services Agreement effective January 28, 2002 (the “XLFAS General Services Agreement”) with an affiliated company, XL Financial Administrative Services Inc.


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


(“XLFAS”). For the three months ended June 30, 2005 and 2004, operating expenses were allocated to the Company under this agreement in the amount of $19,805,652 and $16,031,901, respectively. For the six months ended June 30, 2005 and 2004, such expenses were $29,206,287 and $28,529,280, respectively.

In addition to the XLFAS General Services Agreement the Company has entered into two service agreements with certain of its U.S. affiliates, including its ultimate U.S. holding company, X.L. America, Inc. (“XLA”). These services agreements include the Amended and Restated General Services Agreement, dated January 1, 2003 (the “Global Services Agreement”) among X.L. Global Services, Inc.(“XLGS”), XLA on behalf of: the Company, XLFAS and various other affiliates and the Second Amended and Restated General Services Agreement, dated January 1, 2003 (the “XL America General Services Agreement”), among XLA, XLFAS, the Company and various other affiliates. Expenses allocated to the Company under the Global Services Agreement and the XL America General Services Agreement for the three months ended June 30, 2005 and 2004 were $4,694,225 and $2,830,248, respectively. For the six months ended June 30, 2005 and 2004, such expenses were $8,321,892 and $5,624,628, respectively.

Effective January 1, 2005 the Company entered into an arrangement with an affiliate for investment management services. For the three and six months ended June 30, 2005, the Company incurred expenses of $39,138 and $78,121, respectively, under the agreement.

Employee Benefit Plans

XLA maintains a qualified defined contribution pension plan for the benefit of all eligible employees and a non-qualified deferred compensation plan for the benefit of certain employees of XLFAS and some other subsidiaries (collectively, the “Plans”). XLFAS’s discretionary contributions to both Plans are based on a fixed percentage of employee contributions and compensation as defined by the Plans. The Company’s share of allocated pension expense was $703,650 and $417,174 for the three months ended June 30, 2005 and 2004, respectively, and $1,272,660 and $1,033,932 for the six months ended June 30, 2005 and 2004, respectively.

Facultative Quota Share Reinsurance Treaties

On October 6, 1999, the Company entered into an arm’s-length Facultative Quota Share Reinsurance Treaty (“Treaty”) with XL Financial Assurance Ltd. (“XLFA”), a Bermuda financial guaranty reinsurer, which is 86.8% owned by XL Capital through its wholly owned subsidiary, XL Insurance (Bermuda) Ltd. The remaining 13.2% of XLFA is owned by Financial Security Assurance Holdings Ltd., an unrelated company. Under the terms of this agreement, XLFA agrees to reinsure up to 90% of the Company’s acceptable risks. The Company is allowed up to a 30% ceding commission (or such other percentage on an arm’s-length basis) on ceded premiums written under the terms of this agreement.

The Company entered into a Facultative Master Certificate (the “XL Re Treaty”) with XL RE AM, effective as of December 1, 2002. Under the terms of the XL Re Treaty, XL RE AM agrees to automatically reinsure risks insured by the Company under financial guaranty insurance policies up to the amount necessary for the Company to comply with single risk limitations set forth in Section 6904(d) of the New York Insurance Laws. The reinsurance provided by XL RE AM may be on an excess of loss or quota share basis. The Company is allowed up to 30% ceding commission (or such other percentage on an arm’s-length basis) on ceded premiums written under the terms of this agreement.


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


Amounts ceded to affiliate reinsurers are as follows:

(U.S. Dollars in thousands)   
Three Months 
Three Months 
 
   
ended June 30, 
ended June 30, 
 
   
2005 
2004 
 






Ceded premiums written  $  68,989      $  57,921   
Ceded premiums earned    28,089        28,701   
Ceding commission revenue    13,553        8,871   
Ceded losses and loss adjustment expenses    21,827        5,552   
 
   
Six Months 
Six Months 
 
   
ended June 30, 
ended June 30, 
 
   
2005 
2004 
 






 
Ceded premiums written  $  101,203      $  88,375   
Ceded premiums earned    56,004        52,055   
Ceding commission revenue    22,369        16,175   
Ceded losses and loss adjustment expenses    25,433        8,111   

Related Party Guarantees

In 2002, the Company began providing financial guaranty insurance policies insuring timely payment of investment agreements issued by XL Asset Funding Company I LLC (“XLAF”), an affiliate of the Company. As of June 30, 2005 and December 31, 2004, the net aggregate amount of investment agreements insured was $317,500,600 and $255,730,165, respectively. These insurance policies are collateralized by investment securities, accrued interest, cash and cash equivalents, which as of June 30, 2005 and December 31, 2004 had an aggregate fair value of $325,302,310 and $262,421,920, respectively. In the current quarter, the Company began providing coverage of certain derivative contracts entered into by XLAF. As of June 30, 2005, the total notional value insured was $25,000,000. Under these agreements, the Company recorded net premiums written and earned of $763,308 and $424,694 during the three months ended June 30, 2005 and 2004, respectively, and $1,371,552 and $830,227 during the six months ended June 30, 2005 and 2004, respectively.

8. Liability for Losses and Loss Adjustment Expenses

The Company’s liability for losses and loss adjustment expenses consists of case basis reserves and unallocated reserves. Activity in the liability for losses and loss adjustment expenses is summarized as follows:


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


 
As of and for the
As of and for the
 
 
Six Months ended
Twelve Months ended
 
 
June 30, 2005
December 31, 2004
 






(U.S. dollars in thousands) 
Case
Unallocated
Case
Unallocated
 
 
Reserves
Reserves
Reserves
Reserves
 
 
Balance, beginning of period 
$ 
45,550    
$ 
49,774    
$ 
-    
$ 
30,976  
Incurred losses and loss adjustment 
   
   
   
 
   expense 
22,016    
7,432    
47,755    
18,798  
Paid loss and loss adjustment 
   
   
   
 
   expense 
(817 )   
   
(2,205 )   
-  












Balance, end of period 
66,749    
57,206    
45,550    
49,774  
Reinsurance recoverable 
(62,705 )   
(52,847 )   
(45,124 )   
(45,987 ) 












Net balance, end of period 
$ 
4,044    
$ 
4,359    
$ 
426    
$ 
3,787  













Case Basis Reserves for Losses and Loss Adjustment Expenses

During the year ended December 31, 2004, the Company recorded a provision for losses of approximately $42.1 million, representing the present value loss expected to be incurred in the future with respect to an insured project financing. Because this loss represented a full limit loss to the subordinated tranche of the insured transaction, the remaining unearned premium pertaining to such tranche, which aggregated approximately $23.3 million, was fully earned resulting in a net loss, before reinsurance, of approximately $18.8 million. The portion of the insured exposure to which this loss relates was fully reinsured on a first-loss basis by an affiliate of the Company and, accordingly, there was no net impact on the Company’s results of operations from this loss provision. Pursuant to the assumptions upon which the estimate was based, under its existing reinsurance arrangements, approximately 17.5% of any additional loss provision in excess of the aforementioned amount provided will be retained by the Company. During the three-month period ended June 30, 2005, the company recorded an additional provision for loss relating to this transaction of $16.0 million, on a net present value basis, to reflect certain adverse developments, after reinsurance to the aforementioned affiliate, the net impact on the Company’s results of operations from this loss provision was $2.8 million. The total remaining par insured by the Company in connection with this transaction aggregated approximately $250 million ($43.9 million net of reinsurance to affiliates) at December 31, 2004, and amortizes over many years into the future. The estimate of loss was necessarily based on assumptions and estimates extending over many years into the future. There is currently no payment default with respect to this transaction. Management continues to monitor the exposure and will revise its loss estimate as necessary. The financing vehicle through which the project financing was issued is considered a variable interest entity under FASB Interpretation 46/46R, Consolidation of Variable Interest Entities, however, the Company is not the primary beneficiary. If this transaction is restructured or if the Company exercises its contractual rights in the event of a default, the primary beneficiary in the transaction will have to be reconsidered. If such events occur, the Company will likely be required to consolidate the financing vehicle.

During the three-month period ended June 30, 2005, the company recorded a provision for loss of $5.2 million representing the present value loss expected to be incurred in the future with respect to an insured residential mortgage securitization. The insured exposure to which this loss relates was 82.6% reinsured by an affiliate of the Company on a pro rata basis and, accordingly, the net impact on the Company’s results of operations from this loss provision was $0.9 million. The total remaining par insured by the Company in connection with this transaction aggregated approximately $366.6 million ($55.4 million net


XL Capital Assurance Inc. and Subsidiary
Notes to Condensed Consolidated Financial Statements
(UNAUDITED)


of reinsurance to affiliates) at June 30, 2005, and amortizes over many years into the future. The estimate of loss was necessarily based on assumptions and estimates extending over many years into the future. There is currently no payment default with respect to this transaction. Management continues to monitor the exposure and will revise its loss estimate as necessary, as information becomes available.

Other than the two matters described above, case basis reserves at June 30, 2005 consisted of reserves for loss adjustment expenses which relate to remediation efforts associated with certain insured transactions, including the aforementioned project financing.

Unallocated Reserves

The Company maintains an unallocated loss reserve for expected levels of losses associated with currently insured issues, which is estimated by management based upon an actuarial reserving analysis. The actuarial methodology applied by the Company is in accordance with Actuarial Standards of Practice No. 36, Determination of Reasonable Provision. This methodology was adopted by the Company in 2002. The methodology applied is based on the selection of an initial expected loss ratio, as well as an expected loss emergence pattern. The Company’s selection of an initial expected loss ratio and loss emergence pattern considered the characteristics of the Company’s own book of business as well its actual loss experience and that of the industry. On an annual basis, the Company compares its selected initial expected loss ratio to its actual loss experience, as well as to industry loss experience, and will adjust it as considered necessary, to ensure such initial expected loss ratio continues to be appropriate for the risks in its in-force business. In addition, the expected loss emergence pattern will be adjusted or realigned on an annual basis, as considered necessary, to better correlate with the underlying changes in the Company’s in force business. The Company’s unallocated reserve is available to be applied to new case basis reserves that may be established for claims on current outstanding insured principal and interest in the future.