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Contingencies
6 Months Ended
Jun. 30, 2011
Contingencies  
Contingencies
6.  CONTINGENCIES

In the ordinary course of business, the Company is involved in lawsuits, arbitrations and other formal and informal dispute resolution procedures, the outcomes of which will determine the Company's rights and obligations under insurance, reinsurance and other contractual agreements.  In some disputes, the Company seeks to enforce its rights under an agreement or to collect funds owing to it.  In other matters, the Company is resisting attempts by others to collect funds or enforce alleged rights. These disputes arise from time to time and are ultimately resolved through both informal and formal means, including negotiated resolution, arbitration and litigation.  In all such matters, the Company believes that its positions are legally and commercially reasonable.  The statuses of these proceedings are considered when the Company determines its reserves for losses and loss adjustment expenses.  While the final outcome of these matters cannot be predicted with certainty, the Company does not believe that any of these matters, when finally resolved, will have a material adverse effect on the Company's financial position or liquidity.  However, an adverse resolution of one or more of these items in any one quarter or fiscal year could have a material adverse effect on the Company's results of operations in that period.

There are no known significant pending legal issues not involving insurance or reinsurance business activity.

The Company continues to receive claims under expired insurance and reinsurance contracts asserting injuries and/or damages relating to or resulting from environmental pollution and hazardous substances, including asbestos.  Environmental claims typically assert liability for (a) the mitigation or remediation of environmental contamination or (b) bodily injury or property damage caused by the release of hazardous substances into the land, air or water.  Asbestos claims typically assert liability for bodily injury from exposure to asbestos or for property damage resulting from asbestos or products containing asbestos.
 
The Company's reserves include an estimate of the Company's ultimate liability for asbestos and environmental ("A&E") claims.  As of June 30, 2011, approximately 6% of the Company's gross reserves were an estimate of the Company's ultimate liability for A&E claims.  The Company's A&E liabilities emanate from Mt. McKinley, a direct subsidiary of the Company, direct insurance business and Everest Re's assumed reinsurance business.  All of the contracts of insurance and reinsurance under which the Company has received claims during the past three years, expired more than 20 years ago.  There are significant uncertainties surrounding the Company's reserves for it's A&E losses.

A&E exposures represent a separate exposure group for monitoring and evaluating reserve adequacy. The following table summarizes incurred losses with respect to A&E reserves on both a gross and net of reinsurance basis for the periods indicated:
 
   
Three Months Ended
   
Six Months Ended
 
   
June 30,
   
June 30,
 
(Dollars in thousands)
 
2011
   
2010
   
2011
   
2010
 
Gross basis:
                       
Beginning of period reserves
  $ 535,764     $ 625,208     $ 554,790     $ 638,674  
Incurred losses
    753       -       753       -  
Paid losses
    (9,795 )     (11,073 )     (28,821 )     (24,539 )
End of period reserves
  $ 526,722     $ 614,135     $ 526,722     $ 614,135  
                                 
Net basis:
                               
Beginning of period reserves
  $ 368,144     $ 419,230     $ 382,507     $ 430,421  
Incurred losses
    (30 )     -       (30 )     -  
Paid losses
    (7,585 )     (6,579 )     (21,948 )     (17,770 )
End of period reserves
  $ 360,528     $ 412,651     $ 360,528     $ 412,651  
                                 
(Some amounts may not reconcile due to rounding)
                               
 
At June 30, 2011, the gross reserves for A&E losses were comprised of $139,183 thousand representing case reserves reported by ceding companies, $108,765 thousand representing additional case reserves established by the Company on assumed reinsurance claims, $36,881 thousand representing case reserves established by the Company on direct excess insurance claims, including Mt. McKinley and $241,893 thousand representing IBNR reserves.

With respect to asbestos only, at June 30, 2011, the Company had gross asbestos loss reserves of $505,146 thousand, or 95.9%, of total A&E reserves, of which $403,150 thousand was for assumed business and $101,996 thousand was for direct business.

Management believes that these uncertainties and factors continue to render reserves for A&E and particularly asbestos losses significantly less subject to traditional actuarial analysis than reserves for other types of losses.  The Company establishes reserves to the extent that, in the judgment of management, the facts and prevailing law reflect an exposure for the Company or its ceding companies.

Due to the uncertainties, the ultimate losses attributable to A&E, and particularly asbestos, may be subject to more variability than are non-A&E reserves and such variation, depending on coverage under the Company's various reinsurance arrangements, could have a material adverse effect on the Company's future financial condition, results of operations and cash flows.
 
In 1993 and prior, the Company had a business arrangement with The Prudential Insurance Company of America ("The Prudential") wherein, for a fee, the Company accepted settled claim payment obligations of certain property and casualty insurers, and, concurrently, became the owner of the annuity or assignee of the annuity proceeds funded by the property and casualty insurers specifically to fulfill these fully settled obligations.  In these circumstances, the Company would be liable if The Prudential, which has an A+ (Superior) financial strength rating from A.M. Best Company ("A.M. Best"), was unable to make the annuity payments.  The table below presents the estimated cost to replace all such annuities for which the Company was contingently liable for the periods indicated:
 
(Dollars in thousands)
 
At June 30, 2011
 
At December 31, 2010
    $ 143,013     $ 150,560  

Prior to its 1995 initial public offering, the Company purchased annuities from an unaffiliated life insurance company with an A+ (Superior) financial strength rating from A.M. Best to settle certain claim liabilities of the company.  Should the life insurance company become unable to make the annuity payments, the Company would be liable for those claim liabilities.  The table below presents the estimated cost to replace all such annuities for which the Company was contingently liable for the periods indicated:
 
(Dollars in thousands)
 
At June 30, 2011
 
At December 31, 2010
    $ 26,988     $ 26,542