Annual Report 2015 - NYCIRB - New York Compensation Insurance
Transcription
Annual Report 2015 - NYCIRB - New York Compensation Insurance
NEW YORK COMPENSATION INSURANCE RATING BOARD C W E L O X O N R P S K E S E R I R I S C L A I M S E L O N N L A S S I F I C A T I E R E U L A T I O N A M S J C T E T U E I D S R O I Y N Y C I R B S A F G M O D A I N A N C I A L D A T I A F E I N S P E C T I O N T L C Y O A U N I T S P S R E O S T A T I S T I C A L R E P O R T I A T A N D A R D P R E M I U M G I N C U R R E D D L O S S E S A O N S I T M ANNUAL REPORT 2015 Our 101st Year of Service To All Insurance Carriers That Provide Workers Compensation Insurance Protection For Employers in New York State ©2016 New York Compensation Insurance Rating Board All rights reserved. No portion of this book may be reproduced by any means, or stored in a retrieval system for subsequent reproduction, without the permission of the New York Compensation Insurance Rating Board. President’s Message This past year brought with it some definite improvements from both a technical and administrative standpoint. On a technical note, loss costs increased by an average of 5.9%, bringing them closer to adequate levels. In addition, a new classification ratemaking methodology, intended to achieve longer term loss cost stability, was approved by the Department of Financial Services (DFS), who recognized the need for modernization of the prior system. Finally, a change in the Experience Rating split point between primary and excess losses in the Experience Rating formula, to match national levels, will allow for more responsive credits for those insureds who maintain accident-free workplaces. Administratively, we have had a number of accomplishments take place in 2015. Key among these endeavors was the elimination of all hardcopy criticism letters, which are now being more efficiently handled through carrier interaction utilizing the Board’s on-line Manage Policy system. Also, in an effort to keep carrier contacts up-to-date for various Board programs and inquiries, a web-based interactive carrier administration system has been recently established at the Rating Board. This should dramatically improve the efficiency of communicating with individual carriers. Very importantly, too, the placement of the Board’s interactive applications within a Centralized Security System in 2015 is key to the future of the organization, especially as it continues to address the issues associated with cyber security. Recalling this past year, it is difficult for me to avoid reflecting not just upon the most recent twelve month period but on the many years preceding it as this will be my last message to the membership as Board President. It has been my privilege and honor to lead this organization, which has shown to be vital to the State of New York, the insurance industry, employers and their employees who are injured while performing their job functions. Many things have changed since I first began my tenure as Board President in 1991, but what has remained consistent over time is the commitment of those involved with the Rating Board, from Board and Committee members to Executive and other staff members as well as the pride in attempting to make the Rating Board a better and more efficient organization. I thank all of you who have been involved in this process and hope that you will all continue to be integral to the development and growth of the Rating Board as it begins its second century of providing needed services to the workers compensation insurance community. Sincerely, Monte Almer Clockwise from top Vincent Licause - VP, Finance & Administration Monte Almer - President Lucy DeCaro - VP, Operations Mitchell Tenzer - Chief Information Officer Philip Reda - VP, Underwriting & Field Services Ziv Kimmel - VP & Chief Actuary NYCIRB Mission Statement To be the primary resource and authority for workers compensation insurance in the state of New York by providing professional services and technical expertise through the use of state of the art technology in the development of high quality products and information that meet the needs of the insurance industry, as well as employers, government agencies and all others involved with the workers compensation system. 3 NYCIRB Regulatory Filings 4 NYCIRB “If we want our regulators to do better, we have to embrace a simple idea: regulation isn’t an obstacle to thriving free markets; it’s a vital part of them.” James Surowiecki American Journalist The New Yorker Magazine NYCIRB LOSS COST FILING On May 12, 2015, the Rating Board, with the approval of the Board of Governors, submitted its annual loss cost filing to the New York State Department of Financial Services (DFS) for approval with a proposed effective date of October 1, 2015. This filing was comprised of an experience indication of +8.7%, a trend factor of -1.3%, a +0.7% impact due to legislative and regulatory changes and a -1.3% change in loss adjustment expenses. The filing also included a change in the charges for terrorism from 3.8¢ per $100 of payroll to 4.5¢. The total indicated loss cost level change requested in the 2015 filing was an average increase in loss costs of 6.9% for new and renewal policies. The initial filing document was subsequently supplemented by submissions of revised experience rating factors, an update to the percentage charge for USL&HW exposure for non-F classes and indicated loss cost changes for volunteer firefighters and ambulance workers. Additional actuarial data was also submitted to the DFS in response to a request for supplementary information. This data included accident year experience, a detailed analysis of paid loss development patterns, as well as loss cost level indications that were calculated on the basis of the accident year and the paid loss information. The Department informed the Rating Board on July 13, 2015 that it would disapprove the requested increase of 6.9%, but an indication of 5.9%, based on a lower percentage of losses reflecting the 2007 reforms that was included in the filing, and a different trend factor, would be acceptable. On July 14, 2015 the Rating Board, with the approval of the Board of Governors, submitted an amended filing reflecting the alternate set of assumptions, as indicated by the DFS, proposing an average increase in loss costs of 5.9%. On July 15, the Department of Financial Services issued its decision, approving the Rating Board’s amended filing, to become effective October 1, 2015. Subsequently, the DFS also approved a filing to revise the methodology to calculate classification loss costs. The approval required that, in the first year of implementing the new methodology, individual class loss costs would not change by more than +/-20% of the average change for the respective industry group, and that no class would experience a loss cost increase of more than 30%. NEW YORK RATING PLANS & STATISTICAL PLAN A filing to revise the primary/excess split point used in the Experience Rating Modification formula from $10,000 to $15,000 was submitted to the DFS with a proposed effective date of October 1, 2015. On August 11, 2015, the DFS approved the filing. A filing to amend the New York Retrospective Rating Plan Manual to incorporate revised excess loss pure premium factors, state hazard group relativities and retrospective rating development factors was made in 2015 and approved with an effective date of January 1, 2016. This change will ensure that these factors are kept current with respect to future inflationary effects on claim costs in the establishment of retrospective premiums. 6 NYCIRB REGULATORY FILINGS APPROVED – 2015 New York Workers Compensation and Employers Liability Manual: Item Description Summary Clarifies Code 5102’s application to solar panel installation with Code 5102 - ‘Door, Door associated electrical and plumbing Frame or Sash Erection’ - to be separately classified under Clarification codes 5190 and 5183 respectively. RC Bulletin # and Date RC-2384 02/20/15 Effective April 1, 2015 Clarifies bakery operations to be Code 8033 - ‘Supermarket separately classified under code 2003. - Retail’ - Clarification Effective April 1, 2015 Terrorism Risk Insurance Updates Manuals and Forms Program Reauthorization needed as a result of TRIPRA 2015. Act - 2015 Effective January 1, 2015 New York Sole Proprietors - Exclusion Endorsement WC 31 03 16A Clarifies that the endorsement includes members of LLC’s, PSLC’s, and RLLP’s along with sole proprietors and partners. RC-2385 02/20/15 RC-2386 02/23/15 RC-2387 02/26/15 Effective April 1, 2015 Manual wording correction: “Wholesale Dollars” to “Whole Rule V – Payroll Basis – Dollars”. Wording Correction Issued October 1, 2015 7 RC-2389 07/02/15 NYCIRB Item Description NY Construction Classification Premium Adjustment Program Per Policy Calculation ‘Edible Fruit Arrangements’ – Designation of Code 8001 Audit Response Timeframe (Correction) Summary Amends adjustment calculation from a per group basis to a per policy basis. RC Bulletin # And Date RC-2390 07/02/15 Issued June 1, 2015 Manual update to reflect the inclusion of edible fruit and/or vegetable floral type arrangements. RC-2391 07/02/15 Effective October 1, 2015 Manual wording correction: “sixty (60) days” to “thirty (30) days” for audit response time. RC-2392 07/02/15 Issued October 1, 2015 Code 8043 – ‘Retail Store NOC - Including Service of Food’ Clarifies the elimination of reference to Code 9074. Code 8857 – ‘Social Case Workers – Traveling’ – (Correction) Manual wording correction: Code “8854” to “8857”. Issued October 1, 2015 Issued October 1, 2015 8 RC-2393 07/02/15 RC-2394 07/02/15 NYCIRB Item Description Summary Codes 9093 & 9016 – Phraseology adjustments Reassigned certain amusement exposures from Code 9016 to Code 9093. RC Bulletin # And Date RC-2396 07/17/15 Effective October 1, 2015 Deposit Premium Rule Allows carriers to offer Workers Compensation policies with no deposit premiums. Effective January 1, 2016 9 RC-2407 12/02/15 NYCIRB Legislation 10 NYCIRB “Of the powers conferred upon the General Government by the Constitution of the United States much the most important are those given to the legislative body.” Samuel Freeman Miller Associate Justice United States Supreme Court 11 NYCIRB New York Legislation The following bills, pertaining to workers compensation, were enacted during the 2015 legislative session. A. Governor’s Budget Bill - Key Sections Regarding Workers Compensation: 1) A3005B/S2005B - Repeals miscellaneous fees levied by the Workers’ Compensation Board with regard to arbitration while retaining the necessary functions associated with these fees. (Signed 4/13/2015 - Chapter 55) 2) A3006B/S2006B - Removes certain certification and renewal fees required to be paid by employers who are directed to participate in the workplace safety and loss prevention program. (Signed 4/13/2015 - Chapter 56) 3) A3009B/S2009B - Increases the cap on deductions from an owner’s share of purses to two percent for the cost of workers compensation insurance for the New York Jockey Injury Compensation Fund. (Signed 4/13/2015 - Chapter 59) B. Other Enacted State Legislation of Note: 1) A1241A/S1233A - Insurance Law Provides for coverage for surgical first assistant services performed by a registered nurse first assistant who is certified in operating room nursing and who performs surgical first assistant services within his or her scope of practice in every policy of insurance in instances in which reimbursement for surgical first assistant services is provided. (Signed 12/11/15 - Chapter 536) 2) A7394/S5025 - Workers’ Compensation Law Relates to the livery driver fund and prohibits independent livery drivers from driving until he or she recovers from injury. (Signed 11/20/15 - Chapter 452) 3) A8259A/S5979 - Workers’ Compensation Law Relates to interim assessments on the members of a defaulted group self-insurer and authorizes the Chair to levy an interim assessment within 120 days of default. (Signed 7/21/15 - Chapter 66) 12 NYCIRB Federal Legislation On January 12, 2015 President Obama signed the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) of 2015 (H.R.26), extending the program through December 31, 2020. The TRIPRA extension provides for increasing carriers’ share of compensation from 15%, by 1% each year, up to 20% by the year 2020. In addition, the aggregate retention amount for all carriers is to be increased annually by $2 billion up to a level of $37.5B, and the program trigger is increased by $20 million annually up to a level of $200M. The TRIPRA extension law includes several other provisions including requiring government agencies to perform studies relating to the Program, and requiring carriers to provide data related to the TRIPRA Program to be used for the governmental studies. The Rating Board is also continuing to monitor the possible effects of the Affordable Care Act on the workers compensation system, as well as other potential Federal legislation and regulation relating to workers compensation, such as Medicare Set Aside requirements, which may impact the New York workers compensation system. 13 NYCIRB New York Workers Compensation 2015 Review 14 NYCIRB Claim Frequency and Claim Cost Workers compensation financial data available in 2015 showed that, following the significant decrease in lost-time claim frequency in 2011, claim frequency has remained relatively flat in subsequent years. Claim costs, on the other hand, continue to increase, albeit at a decreasing rate. The observed New York lost-time (indemnity) claim frequency decreased in 2008 following two years of relatively flat frequency trend. Frequency was relatively flat in Policy Year 2009 before increasing significantly in Policy Year 2010 for the first time in several years. Frequency then decreased in 2011, but remained flat afterwards in 2012 and 2013. The resulting projection is for a slightly decreasing frequency trend going forward. Studies suggest that, during economic recessions and recoveries, claim frequency may fluctuate due to changes in the mix of employees in the job market. This would explain the decrease in frequency in 2008, as the economy went into “the great recession,” as well as the increases that are observed as the economy entered a recovery. Other factors, such as the increases in the maximum weekly benefits that were implemented as part of the 2007 legislation, may also put upward pressure on claim frequency. The observed frequency trend in New York is consistent with countrywide results. Claim costs in New York were projected to continue rising in 2015 for both indemnity and medical payments. Prescription drug costs continue to represent a significant portion of overall medical expenses. Utilization of medical services and the increasing use of new and costly technology in the medical field continue to drive these costs higher for workers compensation. The implementation of Medical Treatment Guidelines in December of 2010, the subsequent modifications of these guidelines, and the introduction of a new set of guidelines for non-acute pain treatment, may provide for some control of the rising medical costs by reducing some of the utilization of medical services. However, many of the medical services that are rendered in accordance with the guidelines do not require payer authorization, and that may offset some of the savings. Expenses associated with the implementation of the guidelines, as well as handling requests for variance from the guidelines, and changes to the medical fee schedules (also effective in December 2010) may also offset some of the expected savings in overall medical costs. 15 NYCIRB Indemnity claim costs, after reflecting the quantifiable impacts of the 2007 reforms, are projected to continue to rise, but at a slower pace than the projected increase in medical costs. Preliminary reports on the effectiveness of the Medical Treatment Guidelines indicate that they are starting to work in many sectors, which should help to control indemnity costs by way of better outcomes for injured employees. Guidelines for Permanent Impairment and Loss of Earning Capacity were implemented on January 1, 2012. This, combined with procedural changes implemented by the Workers’ Compensation Board (WCB), in 2013, may result in a decrease in the lag to Permanent Partial Disability Classification, which might also mitigate some of the increase in indemnity costs over time. Indemnity vs. Medical Although the relationship between indemnity and medical costs was expected to change as a result of the 2007 reforms, the latest data and projections suggest that indemnity costs are estimated to now represent over 60% of the total workers compensation claim costs in New York, which is approximately the same as the pre-reform level. 16 NYCIRB New York Indemnity vs. Medical Costs 61% 39% Indemnity Medical Source: NYCIRB Financial Data Underwriting Results On a calendar year basis, carriers, on average, continued to experience an overall underwriting loss for New York workers compensation business. Following the combined ratio deterioration in 2012, there was a significant improvement in both 2013 and 2014. Improvements in both the loss ratio and expense ratio contributed to the 2013 results. A significant improvement in the expense ratio in 2014 (due primarily to changes in the assessment process) more than offset a slightly increasing loss ratio. Recent increases in the loss cost levels in 2011 and 2013 supported the lower loss ratio. 17 NYCIRB Premium Volume As expected, with the implementation of the reform and the associated reduction in rates in 2007, as well as an additional decrease in the loss cost level in October of 2008, direct earned premiums in 2008 experienced a significant decrease compared to the prior years, which sustained a decade of steadily increasing premium volume. Despite loss cost level increases in 2009 and 2010, the economic downturn resulted in an additional premium decrease of over 3% in 2009 and virtually no change in 2010. Subsequently, however, premium volume increased significantly, by 16% in 2011, 14% in 2012, and an additional 11% in 2013. This was a result of higher approved loss costs in recent years, as well as the effects of the economic recovery. In 2014, premium volume decreased slightly, primarily due to the elimination of the assessment as a premium component in the Annual Statement. Market Share The State Insurance Fund has historically been the largest writer of workers compensation in New York. Although its share of the carrier market had been increasing slowly, but steadily, from 2000 through 2005, the Fund’s market share decreased in 2006 to a level of 41%. The market share remained flat through 2008 and, in 2009, the Fund’s market share decreased by 2.9 percentage points to 38% of the total New York market. Additional slight decreases in market share for the Fund are observed in both 2010 and 2011. These decreases may be partly attributed to the shift to the loss cost environment. In 2012, however, the market share for the Fund increased significantly to 40%, followed by additional increases in 2013 and 2014. In 2014, the Fund’s market share reached a high of 46%. 18 NYCIRB Historical Rate / Loss Cost Changes From 1996 through 2008 there was a cumulative reduction in manual rate /loss cost level of over 40%. These decreases were attributable mostly to various reforms enacted in 1996 and 2007. Other reasons for the large decrease over this time period were improving experience and regulatory decisions with respect to the Rating Board’s annual rate filings. In 2009, 2010 and 2011 the increase in claim costs, as well as the continued increase in the maximum weekly benefits, resulted in three consecutive increases in the loss cost level. In 2012, with claim frequency no longer exhibiting significant decreases and claim cost continuing to rise, an 11.5% increase was filed with the Department of Financial Services (DFS). This filing was disapproved by the DFS and, therefore, the loss cost level did not change in 2012. In 2013, due to further increases in claims costs and maximum weekly benefits, as well as the closing of the Fund for Reopened Cases, the DFS approved a 9.5% increase to become effective on October 1, 2013. The loss cost level again did not change in 2014, followed by approval of a 5.9% increase which became effective on October 1, 2015. 19 NYCIRB Loss Cost Multipliers With the advent of loss costs in October 2008, individual carrier rate levels, in the form of loss cost multipliers, have, in effect, replaced deviations in the private carrier market. Indicators of carrier pricing can be observed from the most recent approved loss cost multipliers, updated as of December 2015. The average private carrier loss cost multiplier is 1.29. The dispersion of multipliers around this average indicates that there continues to be substantial price competition at the current loss cost level. Summary Loss cost adequacy continued in 2015 to be a key element for maintaining a healthy workers compensation market in New York. Changing claim frequency and severity trends, the 2007 reforms, specifically the increased maximum weekly benefits, adherence to the Medical Treatment Guidelines and the manner in which the Guidelines for Permanent Impairment and Loss of Earning Capacity are applied, as well as improvements in the efficiency of the benefit delivery system, will continue to impact system costs in the future. These changes, the continuing nature of competition under the loss cost system, and the economic recovery will all be critical elements and contributors to the health of the overall workers compensation market in future years. 20 NYCIRB BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS ommittees BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIAL FUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIALFUNDSCONSERVATION*ACTUARIAL*MEDICALCLAIMS BOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIAL FUNDS CONSERVATION*ACTUARIAL*MEDICAL CLAIMSBOG*NOMINATING*ADMINISTRATION*UNDERWRITING*SPECIAL FUNDS CONSERVATION*ACTUARIAL* C 21 NYCIRB BOARD OF GOVERNORS Kashyap C. Saraiya ACE American Insurance Company Eric Madoff State Insurance Fund Lev Ginsburg N.Y.S. Business Council Elizabeth Heck Greater NY Mutual Insurance Company Tracey Ant Hartford Accident & Wade Overgaard - Chair The Travelers Indemnity Company Arthur Wilcox N.Y.S. AFL-CIO Steven Smith N.Y.S. Workers’ Compensation Board 22 Indemnity Company Mary Beth Woods N.Y.S. Department Of Financial Services NYCIRB BOARD OF GOVERNORS The Board of Governors (BOG) reviewed and adopted the Rating Board’s proposed budget for the estimated expenses for 2016, as recommended by the Administration Committee. The BOG then authorized the assessment for the expenses of the Rating Board on the member companies/carriers. The BOG also reviewed the proposed 2016 budget for the Special Funds Conservation Committee (SFCC) and authorized the assessment of each carrier’s share on the membership. In addition to the above, the BOG authorized the submittal to the New York State Department of Financial Services (DFS) of a loss cost filing change of +6.9% on new and renewal business. The proposed loss cost change which was authorized by the BOG included a review of the costs of the terrorism risk in light of reauthorization of the TRIA program. This filing was subsequently amended and a loss cost change of +5.9% was approved by the DFS. The BOG also reviewed an Audit Report from the Board’s Auditors, EisnerAmper LLP, as well as the findings of the Board’s Audit Committee. The Board further reviewed a proposed carrier affiliation agreement, which will continue to be discussed in 2016 for possible future implementation. In addition, the BOG heard presentations from the Board’s pension actuary concerning the current actuarial valuation of the Pension Trust, of which NYCIRB is a member, and the use of cash balance retirement plans by other Trust participants. Furthermore, the BOG reviewed the Rating Board’s role in the Department of Labor’s Code Rule 59 (Compulsory Workplace Safety & Loss Prevention Program) and approved, subject to further BOG input, the issuance by the Rating Board, of a survey to carriers regarding the procedures followed and the effectiveness of this Program as currently established. Finally, the BOG agreed to establish, at the Board’s next meeting, to be held in conjunction with the Rating Board’s Annual Meeting, two subcommittees: one to review and offer suggestions concerning the Code Rule 59 program and the other to review the Board’s Employee Benefit Program. 23 NYCIRB UNDERWRITING COMMITTEE There were two Underwriting Committee meetings Members & Representatives held during 2015: May 6 and November 4, 2015. ACE American Insurance Co. Stephen Hawkins American Home Assurance Co. Ira Feuerlicht Continental Casualty Co. Eric Hsu Greater NY Mutual Ins. Co. Chris Mandato Hartford Accident & Indemnity Co. Kelly McLaughlin Liberty Mutual Ins. Co. Kristina Lankford Paramount Ins. Co. Mark M. Battistelli The State Ins. Fund Sherwin Taylor The Travelers Indemnity Co. Lindsay G. Ladin Zurich North America Ins. Co. Helena Schweighardt Public Members David Dickson N.Y.S. AFL-CIO Mary Beth Woods Noteworthy highlights from the May 6, 2015 meeting are: • The Committee was asked to consider the Actuarial Committee’s recommendation to submit a loss cost filing to the Department of Financial Services (DFS), to be effective October 1, 2015. In addition to the annual proposed loss cost changes due to experience, trend, benefits, and Loss Adjustment Expenses, this year’s recommended change included a proposal to revise the loss cost provision for terrorism from 3.8 cents to 4.5 cents (per $100 of payroll). The Committee accepted the Actuarial indication and recommended that it be considered by the Board of Governors. • Classification Appeal Hearing: The Committee unanimously upheld the Rating Board’s position that classification Code 9093 “Amusement Parks” is appropriate for Paintball facilities and courses in lieu of the requested classification which contemplates yoga. • The Committee voted unanimously to amend the phraseology relating to Classification “Sports Related Entertainment Facilities”, Code 9093, to include miniature golf, laser tag, paintball, archery range, shooting gallery – non firearms, tennis club (public), ping pong parlor, and bocce ball. • The Committee voted to amend the phraseology relating to Classification “Florist Store & Drivers”, code 8001, to include “Edible Fruit and/or Vegetable Floral Type Arrangements – Wholesale or Retail - & Drivers”. • The Committee voted unanimously to file five updates and corrections to the New York Workers Compensation and Employers Liability Manual. • The Committee determined that the Economic and Trade Sanctions (OFAC) form is a policyholder notice and should not be filed as an endorsement. N.Y.S. Department of Financial Services Steven Smith N.Y.S. Workers’ Compensation Board 24 NYCIRB Noteworthy highlights from the November 4, 2015 meeting are: • Classification Appeal Hearing: The Committee denied an appeal presented to the Committee requesting a solar panel installer be reclassified as electricians. • The Committee voted to amend the Deposit Premium Rule, making it optional in lieu of mandatory. (This filing was approved December 2, 2015 for a January 1, 2016 effective date). • The Committee agreed that the Rating Board will prepare a draft filing to eliminate the Anniversary Rating Date, making the Rating Date the same as the policy effective date. A draft filing is to be sent to voting members for a mail vote. • The Committee agreed that the Rating Board will prepare a draft filing to create an Audit Non Compliance Rule, allowing carriers to surcharge employers for not complying with carrier audit requests. This draft filing will be sent to voting members for a mail vote. • The Committee voted to update the following codes and classifications to include “Architectural Wood Windows and Doors”: Code 2818 – Cabinet Work with Power Machinery; and Code 5429– Cabinet Work Installation. These changes were filed with the Department of Financial Services on November 23, 2015. 25 NYCIRB ACTUARIAL COMMITTEE Members & Representatives ACE American Ins. Co. John Celidonio Continental Casualty Co. Julia Stenberg Hartford Accident & Indemnity Co. W. Keith Landry Liberty Mutual Ins. Co. Nancy R. Treitel-Moore PMA Ins. Co. Scott Curlee QBE Insurance Corporation Brett King The State Insurance Fund Reuben Epstein The Travelers Indemnity Co. Rick Poulin Utica Mutual Ins. Co. Paul Cohen Zurich North America Ins. Co. James Smieszkal Public Member Kevin Matthew Ryan Bickerstaff, Whatley, Ryan & Burkhalter There were three in-person meetings and one teleconference meeting of the Actuarial Committee held in 2015. The Committee reviewed and discussed, in detail, the methodology and data used in the calculation of the annual indicated loss cost change and recommended that a general loss cost revision, based on the experience of private carriers and The State Insurance Fund, as well as experience from large deductible policies, be filed effective October 1, 2015. Included in this recommendation was a continuing affirmation of the previous pricing methodology for incorporating the effects of the 2007 reforms in the filing, including potential effects of the reforms with respect to loss development, trend and loss adjustment expenses. The impact of the 2013 reforms, specifically the closing of the Reopened Case Fund, was also taken into consideration, as well as the prospective increase in costs associated with the annual statutory changes in the maximum weekly benefits. An update to the terrorism loss cost provision was also reviewed and included as part of the recommended revision of the 2015 loss cost level. In addition, the Committee reviewed various aspects of the proposed new Class Ratemaking methodology, and recommended that the new methodology be re-filed with the Department of Financial Services (DFS). The Committee also reviewed proposed changes to the determination of loss costs for maritime classifications. The Committee reviewed the latest information relating to Retrospective Rating Plan values, and recommended that a new methodology to determine excess loss pure premium factors be filed, incorporating excess loss statistical curve fitting procedures, as well as an application of a generalized linear model as a way of smoothing average severities among the seven hazard groups. The new methodology also involved implementing different applications of loss adjustment expenses by injury type. 26 NYCIRB In the area of Experience Rating, the Committee reviewed a staff analysis that supported future inflationary adjustments to the split point used in the rating formula to differentiate between primary and excess losses. The inflationary adjustments are to be based on changes over time in the average cost per case in New York, rounded to the nearest $500. The Committee, therefore, recommended filing an increase in the split point from the current $15,000 to $16,000 to become effective October 1, 2016. To ensure that the Experience Rating Plan performs in an optimal manner, the Committee also suggested that further research be performed with respect to the Ballast (B value) used in the experience rating formula. The Committee also recommended that additional research be performed with respect to the targeting of an average experience modification in the State, which would require a study of the Merit Rating Program. In addition, the Committee approved a revised methodology to determine Expected Loss Rates. The methodology revisions were necessary to match the determination of experience rating values to the newly implemented class ratemaking methodology. The Committee also reviewed various staff studies relating to wage projection as well as average, minimum, and regional wages. In addition, the Committee reviewed aggregate ratemaking enhancements and the industry groups used in New York ratemaking procedures. 27 NYCIRB AUDIT COMMITTEE The Audit Committee was formed in 2014. Members & Representatives American Home Assurance Co. Sal Branca Liberty Mutual Insurance Co. The primary purpose of the Committee is to assist the Board in fulfilling its responsibility for the oversight of the quality and integrity of the accounting, auditing and financial reporting practices of the NYCIRB. Susan Verity State Insurance Fund Eric Madoff Public Member N.Y.S. Workers’ Compensation Board Trisha Gannon At the meeting of July 9, 2015, the Committee reviewed the 2014 Audit results with representatives of the Accounting firm EisnerAmper LLP. Also discussed was the Non-Profit Revitalization Act of 2013 and its impact on NYCIRB. The second meeting took place on December 16, 2015, to review NYCIRB’s Federal Form 990. In January of 2016, representatives from the accounting firm of EisnerAmper LLP, will inform the Committee of the procedures and the schedule for the 2015 financial audit. 28 NYCIRB 29 NYCIRB 2015 ANNUAL MEETING & CENTENNIAL CELEBRATION NYCIRB 2015 ANNUAL MEETING & CENTENNIAL CELEBRATION NYCIRB ACTUARIAL*INFORMATION TECHNOLOGY*OPERATIONS*UNDERWRITING & FIELD SERVICES*FINANCE & ADMIN ISTRATIONACTUARIAL*INFORMATION TECHNOLOGY*OPERATIONS*UNDERWRITING & FIELD SERVICES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION TECHNOLOGY*OPERATIONS*UNDERWRITING & FIELD SERVCES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION TECHNOLOGYOPERATIONS*UNDERWRITING & FIELD SERVICES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION TECHNOLOGY*OPERATIONS*UNDERWRI TING & FIELD SERVICES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION TECHNOLOGY*OPERATIONS*UN DERWRITING & FIELD SERVICES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION TECHNOLOGY*OPERATI ONS*UNDERWRITING & FIELD SERVICES*FINANCE & 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OLOGY*OPERATIONS*UNDERWRITING & FIELD SERVICES*FINANCE & ADMINISTRATIONACTUARIAL*INFORMATION D 32 NYCIRB Actuarial The staff of the Actuarial Department focuses on pricing, legislative analyses, research, data quality and special studies. Pricing The Actuarial Department continues to play a vital role in various areas relating to both procedural and technical issues within the New York workers compensation system. Four filings were prepared in 2015, including the general loss cost revision and several associated filing supplements. The Rating Board’s actuarial staff also prepared supplemental exhibits that provided additional support to key elements of the loss cost filing, including the manner in which the impact of the 2007 reform legislation was factored into the proposed loss cost change. In 2015, Actuarial Department staff also completed the development of a new methodology to determine Excess Loss Pure Premium Factors. While additional research in this area is necessary, the Department made significant strides toward a revised methodology that uses sophisticated statistical methods, such as the dispersion of loss development factors, and fitting of average severities using a generalized linear model. The improvements to the methodology included applying procedures that would stabilize the results from one revision to another. The new methodology is similar to the one adopted in other jurisdictions. Although this methodology is planned to undergo some additional minor enhancements, the Actuarial Department has obtained approval for using the new methodology starting in 2016. The Actuarial Department is also responsible for analyzing any legal or regulatory changes that may have a cost impact. In 2015, staff reviewed and analyzed, among other items, the potential implications associated with raising the minimum wage. Other legislative proposals were also reviewed, but have resulted in no impact on the overall loss cost level. Research Actuarial research of not only the current methodologies, but also of prospective techniques and methodologies, are critical to the success of both the Rating Board and the Actuarial Department. The Actuarial Department continues to study and perform research in several important ratemaking areas. In recognition of the need for more detailed medical data to analyze New York medical cost drivers than was being reported, the Rating Board contracted with the National Council on Compensation Insurance (NCCI) in 2008 to collect detailed New York medical transactional data. In 2015, the Rating Board received an annual update of this data. The Rating Board’s updated dataset now includes information on medical services performed over a 54 month period. Preliminary reports were subsequently generated from this data and continue to be studied and enhanced by Department staff. As additional data is received and analyzed, this 33 NYCIRB data source will be a key tool in identifying the underlying cost drivers of medical losses and their impact on the workers compensation system. The overall balance of the Experience Rating Plan is essential for the equity of the workers compensation pricing system. Further testing of the Plan, through a series of quintile tests, was undertaken in 2015 as a key measure of the Plan’s equity and balance. Staff has also continued to monitor the activities of the NCCI in this area. As a result, study commenced with respect to potential changes to the Plan in the areas of the split point, eligibility, and the experience rating formula. The research performed in 2015 led to a recommendation by the Actuarial Committee to index the split point to inflation in 2016 and annually thereafter. Staff will continue to examine the Plan to decide whether further refinements are needed to any of the plan parameters. In 2015, the Actuarial Department completed the implementation of a change in classification ratemaking methodology to be consistent with the methodology that was implemented in other states by the NCCI and a number of independent rating organizations. The new methodology is expected to further stabilize classification loss costs, and was used to derive the loss costs that became effective October 1, 2015. As part of this analysis, a revised procedure was developed in 2015 to derive loss costs for maritime classifications, to be more consistent with the approach used in other jurisdictions. Additional studies were undertaken by the Actuarial Department in 2015, examining preliminary results from the newly implemented Schedule Rating program, as well as the study of the industry groups used in ratemaking. In addition, Actuarial studies were performed in support of the Underwriting Department’s classification research. Statistics & Statistical Reporting The Actuarial Department is responsible for identifying, checking and verifying unit statistical report losses, premium and payroll that do not fall within reasonable ranges of values. In 2015, efforts continued within the Department to identify and correct erroneous unit statistical reports (USRs) that could not be resolved through customary data processing edits. As part of this process, the staff utilized additional analytical tools and reconciliation processes to improve the overall quality of the USRs. Upon completion of the 2015 review process, Schedule Z data (unadjusted payroll, premium and losses by classification) for Policy Years 2008 through 2012 was compiled by the Actuarial Department and released by the Rating Board. As an adjunct to the Schedule Z, pure premium classification experience (five years of developed payroll and losses by classification) was also produced and posted on the Rating Board’s website, www.nycirb.org. The Actuarial Department also worked in collaboration with the IT Department to update with new data the “Premium Loss On Demand” website application, that allows carriers to access information from the statewide Schedule Z data, as well as their own. 34 NYCIRB Other relevant statistical information was posted on the Rating Board’s website in 2015, including the latest aggregate financial data call experience, claim cost and claim frequency data by injury type, calendar year underwriting results and the details of the 2015 loss cost filing. The Actuarial Department is also responsible for collecting and analyzing the annual Aggregate Financial Data submitted by the carriers. To accomplish this task, the staff administers the New York Financial Call Information System© (NYFCIS©), a web-based vehicle for the submission of the annual aggregate data. In 2015, several enhancements that were designed to improve carrier interface were incorporated into the system. Additional data edits were introduced to ensure data accuracy. The New York Data Call Incentive Program is also part of the NYFCIS©. Under the program, fines are imposed on carriers that fail to submit data in a timely and accurate manner. Both the system edits and the incentive program work to improve financial data quality and timeliness. As part of the quality assurance process, in 2015 staff resumed reconciliation between the data reported on the financial calls and data reported on the USRs, and contacted carriers in order to resolve any differences. 35 NYCIRB Information Technology The Information Technology (I.T.) Department is comprised of the Programming and Infrastructure Management divisions. The Infrastructure Management team is responsible for the Board’s Local Area Network (LAN), its associated servers and equipment, and desktop configuration and support. Their normal day-to-day responsibilities include keeping the network running, supporting users, data and network security, and disaster recovery functions. In addition to its day-to-day activities, the team completed several system modifications and projects that included the redesign and implementation of a larger and more efficient data storage structure, and development of a statistical database infrastructure that, combined with the redesign of the associated databases, provides the Actuaries greater control over the data and an easier method for creating ad-hoc research and reports. The Programming Team is responsible for the maintenance and development of the NYCIRB website, creation and implementation of web-based applications, and providing valuable support to the Actuarial and Underwriting Departments. Some of the projects completed in 2015 included the automation of the Board’s quarterly assessment processing, the development of the New York Carrier Administration System (NYCAS) and New York Meeting Minutes (NYMM) applications, and the modifications of the Master Alphabetical Classification Index (MACI) and Digital Library systems. The NYCAS application allows members to maintain and modify their company contact information for a variety of business areas. The NYMM application allows members to view approved NYCIRB Actuarial and Underwriting Committee Meeting minutes from 2011 to present. Each set of minutes has bookmarks, where appropriate, which will advance to a specific section if needed, and includes a dynamic search functionality that highlights all minutes and all occurrences that contain the searched criteria. The MACI and Digital Library systems have new features that allow for easier maintenance and the underlying operating system has been upgraded to bring the systems to industry web application standards. The Programming Team has also provided support to the Actuarial Department in the area of classification experience, experience rating research, as well as other research projects relating to individual classifications and various pricing programs. In addition, approximately fifty-nine million Medical Data Call records were processed this year which is twenty-six percent greater than what was processed in 2014 and an eightyfour percentage increase over the past two years. Related to the processing of this data was the modification and development of a series of reports to determine various medical claims data segmentation. 36 NYCIRB Operations The Operations Department handles much of the Board’s routine processing of policy, unit statistical and rating data, and is comprised of three support divisions; Data Quality, Spectrum Management and Rating Services. The staff also represents the Board in other industry organizations and works closely with other Data Collection Organizations (DCOs). Our involvement and collaboration with Compensation Data Exchange (CDX), the American Cooperative Council on Compensation Technology (ACCCT) and the Electronic Data Interchange Committee (EDI) of the Workers Compensation Insurance Organizations (WCIO) allows the Board to continue providing useful tools and services to the industry that make use of national data standards. Participation in these collaborative exchanges demonstrates the Rating Board’s commitment to reducing costs associated with data collection. Data Quality The Data Quality division is responsible for the collection, verification, and processing of unit statistical data, in accordance with the New York Workers Compensation Statistical Plan. In 2015, this division received 6,635 electronic files containing 685,887 individual unit statistical reports. Of these, 46,621 exposure and claim records were found to contain questionable or erroneous information. This represents an increase in the error ratio from 4.5% in 2014 to 6.8% in 2015. This year, the Board staff noted a further decrease in the amount of time carriers needed to submit correction reports for USRs that failed validations. This is attributed to the increase in the usage of the Board’s on-line application Manage USR (MUSR). Implemented in November 2011, MUSR allows member carriers to create, view and correct unit statistical reports; prepare WC STAT files for submission directly to the Board, or via CDX; view error reports; and manage the timely submission of data through a unit report tracking feature. Ninety-six Carrier Groups are utilizing MUSR. The Data Quality staff also administers the Rating Board’s Unit Statistical Late Charge Program. In 2015, the Rating Board issued 761 Delinquent Lists for USRs that reached their due date and had not been submitted; and 77 Fine Lists for USRs that were still outstanding two months beyond their due date. Spectrum Management Spectrum is the Board’s internal processing system through which the majority of the Board’s data is processed. The Spectrum Management team performs quality assurance and is responsible for ensuring that Spectrum operates effectively and accurately, testing and approving all enhancements and changes. In 2015, several improvements were added to our Policy processing, specifically in the area of Endorsements. 37 NYCIRB Rating Services The Rating Services division administers the New York Experience Rating Plan, which includes Merit Rating. Experience & Merit Rating In 2015, the Board issued 102,610 Experience Ratings, 23,242 Revisions and 126,692 Merit Ratings. Rating information is posted on the Board’s website and available to the carrier of record to view, print or download. Requests for hardcopy information can be obtained by other parties upon receipt of appropriate authorization from the insured. The staff responded to 18,693 such authorized requests for rating and other supporting documents during the year. Compulsory Workplace & Loss Consultation Program The Rating Board’s statutory responsibilities under the Compulsory Workplace Safety and Loss Consultation Program are to identify and notify those employers who meet the Program’s criteria. Notifications were issued to 1,513 employers in 2015, a slight decrease from the 1,576 notifications in 2014. Copies of these notifications are provided to the New York State Department of Labor as well as to the employer’s current insurance carrier. 38 NYCIRB Underwriting & Field Services Overview The Underwriting and Field Services Department performs policy, endorsement, cancellation and reinstatement reviews, answers underwriting inquiries, resolves employer matters, maintains the Classification System, and conducts onsite employer audits and inspections. In 2015 the Department was reorganized into the following units: Inspection and Classification; Policy and Ownership; and Audit. The Inspection and Classification Unit consists of a unit manager, an inspection supervisor, a classification supervisor, thirteen field inspectors, eleven classification analysts, and two inspection coordinators. The Policy and Ownership Unit consists of a unit manager, a policy examination supervisor, an ownership examination supervisor, twenty policy analysts, and nine ownership analysts. The Audit Unit consists of a manager, an assistant manager, an audit support supervisor, eleven field auditors, two audit reviewers, two audit coordinators, and one field service assistant. Additionally, the Department has one project manager. The reorganization into this Department structure allows for more focused subject matter specialization and enhanced customer service. Inspection The Inspection team performs on-site physical inspections of an employer’s operations throughout New York State. These inspections are used to determine whether or not the insurance carrier has properly classified the employer on their workers compensation policy. There are three types of inspections conducted: Routine, Test, and Expedite. Routine Inspections are conducted for employers that are experience rated. The frequency of Routine Inspections is on a pre-determined cycle: three years for upstate employers; five years for downstate employers. Test Inspections are conducted on a purely random basis for employers that are not experience rated. The Board also performs special request inspections, on an Expedited basis, to resolve issues that arise between employers and their insurance carriers if the Rating Board did not yet complete an inspection. Completed inspections for the past four years are shown below and include Routine (Scheduled), Test (Random), and Expedite Inspections. INSPECTIONS PERFORMED (# of insureds) Total Inspections 2012 2013 2014 2015 7,906 7,884 7,833 7,543 Routine (Scheduled) 5,159 5,287 4,768 4,456 Test (Random) 1,765 2,287 2,689 2,708 982 310 376 379 Expedite The total number of inspections remained consistent during the past four years. Note that the numbers in this chart reflect inspections on a per insured basis, and do not reflect all the locations visited. Locations visited are reflected in the inspection exhibits within the Classification section of this report. 39 NYCIRB Test Inspections were established to ensure that employers not eligible for experience rating are properly classified. The number of Test Inspections varies from year to year based upon employer and carrier needs, Rating Board industry reviews, and to maximize productivity for inspectors who regularly travel great distances. Classification Analysis Classification Analysis is performed by the Rating Board to oversee the reliability of carriers’ classification assignment process. Analysis typically begins with on-site inspections of employers’ operations. Inspection reports are submitted to the Rating Board’s home office where Classification Analysts review the reports. Classification Analysts will then either finalize the classification or suspend classification for further review. The following charts illustrate the number of Routine, Test, and Expedite Inspections performed over the past four years and reflect the number of classification changes that resulted from these inspections: ROUTINE INSPECTIONS REVIEWED (# of Locations) 2012 2013 2014 11,220 13,958 11,867 8,304 (2) No. of Class Changes 1,098 917 751 639 % Requiring Changes (2) ÷ (1) 9.8% 6.6% 6.3% 7.7% (1) Routine Inspections 2015 This review of the 2015 Routine Inspections resulted in 639 changes in classification; 206 of which were changes to the governing classification. The precipitous drop in routine inspections reviewed is due to a change in the inspection procedure in 2015 which limited the number of additional locations inspected for an insured with multiple locations. Total inspections performed, however, remained consistent, as previously shown. TEST INSPECTIONS REVIEWED (# of Locations) (1) Test Inspections (2) No. of Class Changes % Requiring Changes (2) ÷ (1) 2012 2013 2014 2015 2,107 2,743 3,019 3,061 321 557 462 424 15.2% 20.3% 15.3% 13.9% 40 NYCIRB This review of the 2015 Test Inspections resulted in 424 changes in classification; 321 of which were changes to the governing classification. EXPEDITE INSPECTIONS REVIEWED (# of Locations) 2012 2013 2014 2015 (1) Expedite Inspections 1,108 920 736 778 (2) No. of Class Changes 228 181 222 214 20.6% 19.7% 30.1% 27.5% % Requiring Changes (2) ÷ (1) This review of the 2015 Expedite Inspections resulted in 214 changes in classification; 104 of which were changes to the governing classification. The Rating Board responded to 6,467 Classification inquiries during 2015. All of these inquiries were submitted and responded to electronically; there were no hard copy submissions or responses during 2015. 2015 Number of Correspondence Responses 6,467 2014 6,612 2013 7,035 2012 8,940 Year Policy Policy Analysts perform in-depth reviews and validation of policies and subsequent policy transactions such as: new and renewal policies; endorsements; cancellations; and reinstatements. Carriers are required to correct policy writing errors found during these reviews. The correction process is enforced through the Rating Board’s Criticism Fining Program. The Rating Board received 1,719,290 policies, endorsements, cancellations, and reinstatements during 2015; 143,342 of which required Policy Analyst review. These reviews generated 26,021 criticisms, totaling $344,900 in fines. 41 NYCIRB The following four charts illustrate the total number of transactions processed during 2015, 2014, 2013, and 2012. The (13%) transaction increase from 2013 to 2014 is the result of processing efficiencies gained through system enhancements. The graph following the charts illustrates a comparison of all four years. Transactions Processed During 2015 Type of Transaction Policies Endorsements Canc/Reins TOTAL Excluding NYSIF 375,635 522,602 327,661 1,225,898 NYSIF Only 186,201 110,417 196,774 493,392 Total Transactions 561,836 633,019 524,435 1,719,290 Transactions Processed During 2014 Type of Transaction Excluding NYSIF NYSIF Only Total Electronic Transactions Policies 374,173 187,617 561,790 Endorsements Canc/Reins 513,394 360,968 105,516 182,292 618,910 543,260 1,248,535 475,425 1,723,960 TOTAL Transactions Processed During 2013 Type of Transaction Policies Endorsements Canc/Reins TOTAL 179,506 88,619 136,352 404,477 Total Electronic Transactions 570,085 497,374 460,812 1,528,271 Excluding NYSIF 386,624 399,703 358,130 NYSIF Only 182,029 94,950 149,870 Total Electronic Transactions 568,653 494,653 508,000 1,144,457 426,849 1,571,306 Excluding NYSIF 390,579 408,755 324,460 1,123,794 NYSIF Only Transactions Processed During 2012 Type of Transaction Policies Endorsements Canc/Reins TOTAL 42 NYCIRB The following two charts illustrate the number of policies and endorsements requiring review and the number of criticisms issued for each of the past four years. Policies and Endorsements Requiring Review: Year 2015 2014 2013 2012 Number of Policies & Endorsements Requiring Review 143,342 125,134 90,457 82,186 Criticisms Issued: Year Number of Criticisms Issued 2015 2014 2013 2012 26,021 23,669 14,808 13,136 The graph below illustrates the proportion of criticisms issued to transactions reviewed. The respective ratios are as follows: 2015 – 18%; 2014 – 19%; 2013 – 16%; 2012 – 16%. These ratios are relatively consistent from year to year. 43 NYCIRB Policies and endorsements that pass all system edits without error eliminate the need for staff review. Ownership Ownership analysis entails investigating changes in employer names and legal ownership of both experience and merit rated employers. This review aids in the determination of whether to include or exclude entities in an employer’s rating. The Rating Board processed 18,520 ownership investigations during 2015, resulting in 16,154 letters and affidavits. The following chart illustrates a comparison of cases processed and letters and affidavits processed for the past four years: Ownership Investigations 2015 2014 2013 2012 Cases Processed 18,520 15,969 18,708 20,297 Letters and Affidavits Processed 16,154 14,726 12,921 11,380 The number of cases processed decreased 8.8% from the beginning of this time period; however, the number of letters and affidavits processed increased 42% from 2012. 44 NYCIRB Audit The Audit Unit oversees administration of the following programs: Premium Verification; New York Carrier Test Audit Performance Program; Payroll Limitation Law; and New York Construction Classification Premium Adjustment Program (CCPAP). The Premium Verification Program examines the various premium audit methodologies used by insurance carriers to determine an insured’s final premium. The various audit methodologies used by carriers are: policyholder statements, estimated /waived audits, telephone audits, and electronic data interface (EDI) audits. Rating Board selection of employers for physical audits is done on a purely random basis under the Premium Verification Program. Rating Board Auditors conduct thorough reviews of each component comprising an insured’s final premium. This review is vital in validating the accuracy of carrier premium charges. All industries, except those that are purely clerical in nature or under Federal Laws, are reviewed under the program. The following chart summarizes the results of the Board’s premium audit verifications for the past four years: YEAR 2015 2014 2013 2012 AUDITS PERFORMED 3,140 3,617 3,014 3,064 AUDIT ERRORS 1,055 1,175 938 1,138 AUDIT ERROR RATIO 33.6% 32.5% 31.1% 37.1% The New York Carrier Test Audit Performance Program verifies that member carriers accurately and consistently apply proper classifications, loss costs, excess loss premium factors, and rating plans to policies. It also ensures that statistical data is accurately reported on policies affected by the program and establishes a standard of performance for carriers to achieve following an audit. The Payroll Limitation Law applies to eligible employers whose weekly payrolls are limited based upon an amount established by the Department of Financial Services. CCPAP provides premium credits to qualifying construction employers. Rating Board Auditors review and validate the following: classifications used by carriers; number of employees and their duties (this includes executive officers, sole proprietors, partners, and members of LLC’s if coverage is elected); reported payrolls; merit ratings; experience modifications; subcontractor status; and identification of independent contractors. Auditors, as well as audit reviewers, will also verify whether the correct Loss Costs and Loss Cost Multipliers were used by carriers. The Rating Board also undertakes special audits in order to assist in resolving issues between carriers and their insureds. These audits may involve a specific review of: payroll allocation to employees; appropriate classification of employees; review of sales figures to determine the proper governing classification; or specifics about premium calculations. Special Audit figures are included in all of the charts in this section. The Rating Board noted an increase in special audits completed during the 2015 audit year. 45 NYCIRB The Rating Board finalized fewer audits in 2015 than in 2014 primarily due to changes in available staffing during the year and the increase in special audits, many of which required more than one auditor and additional time to complete. Carrier error ratios, by type of audit, were: Physical Audits Policyholder Statements Estimated Audits Telephone Audits EDI Audits 2012 27% 44% 76% 35% 56% 2013 20% 38% 72% 36% 46% 2014 23% 36% 75% 34% 45% 2015 24% 39% 75% 37% 41% The primary reasons for carrier audit errors are differences in remuneration and/or allocation of payroll and misclassification of employees by employers. The following chart illustrates these error percentages for the most recent four-year period: TYPE OF AUDIT DIFFERENCE 2012 2013 2014 2015 Payroll/Remuneration 54.6% 56.2% 58.5% 55.3% Classification (Employer and Employee) 26.2% 26.7% 23.1% 30.9% The net premium difference between the Rating Board’s premium calculations and carriers’ premium calculations for the past four years is shown in the chart below: AUDIT RESULTS 2012 2013 2014 2015 Board Net Premium $29,973,930 $33,352,321 $46,277,873 $38,827,367 Carrier Net Premium $29,621,655 $33,052,641 $45,351,029 $38,516,420 +1.2% +0.9% +2.0% +0.8% % Difference of Board Premium to Carrier Premium Carriers are notified of audit results upon finalization of each audit. Carriers have thirty days to review the Rating Board’s findings. Carriers either correct the premium billed and furnish the Rating Board with a revised premium billing and Unit Statistical Report (USR), or notify the Rating Board of its disagreement with the Rating Board’s findings. 46 NYCIRB Construction Classification Premium Adjustment Program (CCPAP) The Audit Unit is also responsible for administering the New York Construction Classification Premium Adjustment Program (CCPAP). This program provides premium credits to eligible employers in the construction industry by recognizing the inherent wage level differentials within this industry. The total number of new applications decreased from 5,109 in 2014 to 4,238 in 2015. This represents a decrease of 17% from the prior year, which also reflects the downward trend in new applications over the past few years. However, the Rating Board adopted a “per policy” application procedure, effective June 1, 2015, whereby employers must submit a separate application for each policy (wrap-up, Contractor Controlled Insurance Progam (CCIP), or Owner Controlled Insurance Program (OCIP) policies). The number of applications should, therefore, increase next year as a result of this new “per policy” procedure. The Rating Board issued average credits of 9.1% during 2015. This compares to an average credit of 10.1% issued in 2014, an average credit of 15.9% issued in 2013, and an average credit of 15.4% issued in 2012. A total of 672 employers did not meet the CCPAP eligibility requirements and, therefore, did not qualify for a credit. The main reason for ineligibility is employers not meeting the minimum hourly wage required under the program. The Board’s on-line application submission process continues to reduce the time it takes for employers to receive their credits. Project Management The Project Management Division oversees the creation, periodic review, maintenance, and updating of Board processes, procedures, and manuals. Additionally, classification studies are continually performed within the Project Management Division. 47 NYCIRB FINANCE & ADMINISTRATION Office Services Division The Office Services Division is responsible for the imaging of policy related documents, endorsements, and cancellations into the Board’s operating system (Spectrum). In addition, it is responsible for archiving numerous historical documents into the Board’s SharePoint site. This unit also processes and distributes mail and transmits e-mail notifications to the Board’s membership. In 2015, the Imaging Section of this division processed and imaged 44,813 hard copy documents with an average of 6 pages per document. In 2014, a total of 50,711 hard copy documents were imaged with an average of 5 pages per document. The volume in the Board’s incoming mail was approximately 50,544 items of correspondence in 2015 compared to 54,491 in 2014. The outgoing mail increased from 53,568 in 2014 to 59,479 in 2015. Human Resources Division The Board averaged 138 staff members during the year. Under the Board’s salary classification program, 132 performance reviews were conducted and 12 employees received grade promotions. Nineteen (19) employees received commendations for being employed by the Board for 10 years or more. Approximately 83% percent of the Board staff has accrued five or more continuous years of service. During the year, one employee in the Information Technology Department received the Workers Compensation Professional designation (WCP) from the American Society of Workers Compensation Professionals (AMCOMP). The Education Committee continues to encourage employees to pursue designations to further their careers in the insurance industry. The Wellness Committee organized an Employee Health Fair, participated in the AIDS and Breast Cancer Walk and hosted various donation drives. Weekly yoga sessions were also continued. The Committee continued to host sessions on nutrition, physical well being and financial seminars. The Health & Safety Committee continues to monitor a company-wide Health and Safety Policy and Program. 48 NYCIRB Financial Comparison of Expenses UNADJUSTED Expenses: Salaries Contract Services Personnel Cost Pensions F.I.C.A. Employees’ Group Insurance Employees’ Savings Plan Statutory W/C & D/B Insurance Other Payroll Taxes Rent for Space Electricity Rent for Machines Maintenance & Repairs Furniture & Fixtures Stationery & Supplies Printing Telephone Postage Travel Insurance, General Legal Rent Tax System Projects Miscellaneous Total Expenses Less Special Income Assessable Expenses Less Annual Membership Fee Net Disbursements Assessment Ratios *2015 Premium Estimated 2015 9,103,442 269,280 172,226 1,119,903 638,172 2,163,803 301,236 111,147 65,323 2,182,828 109,999 124,873 178,592 5,114 46,466 42,716 47,774 47,233 264,795 105,705 290,057 141,022 1,168,929 560,954 19,261,589 959,655 18,301,934 278,688 18,023,246 0.00324 49 2014 8,860,111 239,798 29,858 1,079,056 618,610 1,952,140 300,486 65,507 56,457 1,987,810 115,901 126,017 146,129 4,290 43,570 28,163 71,237 30,280 248,078 91,330 213,519 94,425 1,178,207 393,622 17,974,601 1,084,671 16,889,930 277,250 16,612,680 0.00316 2013 8,585,548 264,752 58,082 1,080,527 601,233 1,809,895 302,491 28,707 36,290 1,987,810 106,726 119,679 85,428 4,287 69,788 14,250 64,039 46,100 282,752 76,624 336,400 45,522 976,748 409,357 17,393,035 872,161 16,520,874 281,313 16,239,564 0.00359 NYCIRB MEMBERSHIP 50 NYCIRB The membership of the Board at the end of 2015 and 2014 was as follows: 2015 STOCK CARRIERS 341 NON-STOCK CARRIERS 27 STATE INSURANCE FUND RECIPROCAL CARRIER TOTAL 2014 338 27 1 1 2 1 371 367 The following changes in membership have occurred since the last report: ADMISSIONS EFFECTIVE AmTrust Insurance Company of Kansas, Inc. 02/02/15 Milwaukee Casualty Insurance Company 02/02/15 Employers Assurance Company 05/06/15 The Gray Insurance Company 05/27/15 Privilege Underwriters Reciprocal Exchange 06/30/15 Berkshire Hathaway Direct Insurance Company 09/14/15 Allied Property & Casualty Insurance Company 09/21/15 AMCO Insurance Company 09/21/15 Depositors Insurance Company09/21/15 51 NYCIRB RESIGNATIONS Camden Fire Insurance Association 03/09/15 Northern Assurance Company of America 03/09/15 OneBeacon Midwestern Insurance Company 03/09/15 AutoOne Insurance Company 03/18/15 AutoOne Select Insurance Company 03/18/15 NAME CHANGES OneBeacon America Insurance Company to Lamorak Insurance Company OneBeacon Insurance Company to Bedivere Insurance Company Leading Insurance Group Insurance Company, Ltd. to Kookmin Best Insurance Company, Ltd. 52 EFFECTIVE EFFECTIVE 03/09/15 03/09/15 09/03/15 Members As O f December 31, 2015 NYCIRB ~A~ B~ ACADIA INSURANCE COMPANY ACCIDENT FUND GENERAL INS. COMPANY ACCIDENT FUND INS. COMPANY OF AMERICA ACCIDENT FUND NATIONAL INS. COMPANY ACE AMERICAN INSURANCE COMPANY ACE FIRE UNDERWRITERS INSURANCE COMPANY ACE PROPERTY & CASUALTY INS. COMPANY ACIG INSURANCE COMPANY ADMIRAL INDEMNITY COMPANY ADVANTAGE WORKERS COMPENSATION INS. CO. AIG PROPERTY CASUALTY COMPANY AIOI INSURANCE COMPANY OF AMERICA AIU INSURANCE COMPANY ALL AMERICA INSURANCE COMPANY ALLIANCE NATIONAL INSURANCE COMPANY ALLIANZ GLOBAL RISKS US INSURANCE COMPANY ALLIANZ UNDERWRITERS INSURANCE COMPANY ALLIED EASTERN INDEMNITY COMPANY ALLIED PROPERTY & CASUALTY INSURANCE COMPANY ALLMERICA FINANCIAL ALLIANCE INS. COMPANY ALLMERICA FINANCIAL BENEFIT INS. COMPANY AMCO INSURANCE COMPANY AMERICAN ALTERNATIVE INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY AMERICAN CASUALTY COMPANY OF READING PA AMERICAN COUNTRY INSURANCE COMPANY AMERICAN ECONOMY INSURANCE COMPANY AMERICAN FAMILY HOME INSURANCE COMPANY AMERICAN FIRE & CASUALTY COMPANY AMERICAN FUJI FIRE & MARINE INSURANCE COMPANY AMERICAN GUARANTEE & LIABILITY INSURANCE AMERICAN HOME ASSURANCE COMPANY AMERICAN INSURANCE COMPANY AMERICAN MINING INSURANCE COMPANY AMERICAN MODERN HOME INSURANCE COMPANY AMERICAN PET INSURANCE COMPANY AMERICAN STATES INSURANCE COMPANY AMERICAN ZURICH INSURANCE COMPANY AMERISURE INSURANCE COMPANY AMERISURE MUTUAL INSURANCE COMPANY AMGUARD INSURANCE COMPANY AMTRUST INSURANCE COMPANY OF KANSAS, INC. ARCH INSURANCE COMPANY ARCH INDEMNITY INSURANCE COMPANY ARGONAUT INSURANCE COMPANY ARGONAUT MIDWEST INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION ASSURANCE COMPANY OF AMERICA ATLANTIC SPECIALITY INSURANCE COMPANY AUTOMOBILE INSURANCE COMPANY OF HARTFORD AXA INSURANCE COMPANY 53 BANKERS STANDARD INSURANCE COMPANY BEDIVERE INSURANCE COMPANY BERKLEY NATIONAL INSURANCE COMPANY BERKLEY REGIONAL INSURANCE COMPANY BERKSHIRE HATHAWAY DIRECT INS. COMPANY BERKSHIRE HATHAWAY HOMESTEAD INS. CO. BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY BLUE RIDGE INDEMNITY COMPANY BLUE RIDGE INSURANCE COMPANY BROTHERHOOD MUTUAL INS. COMPANY ~C~ CALIFORNIA INSURANCE COMPANY CAPITOL INDEMNITY CORPORATION CAROLINA CASUALTY CO. INCORPORATED CASTLEPOINT INSURANCE COMPANY CASTLEPOINT NATIONAL INS. COMPANY CENTRAL MUTUAL INSURANCE COMPANY CENTRE INSURANCE COMPANY CHARTER OAKS FIRE INSURANCE COMPANY CHEROKEE INSURANCE COMPANY CHUBB INDEMNITY INSURANCE COMPANY CHUBB NATIONAL INSURANCE COMPANY CHURCH MUTUAL INSURANCE COMPANY CIM INSURANCE CORPORATION CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, THE CINCINNATI INSURANCE COMPANY, THE CITIZENS INSURANCE CO OF AMERICA CLERMONT INSURANCE COMPANY COLONIAL AMERICAN CASUALTY & SURETY CO. COMMERCE & INDUSTRY INSURANCE COMPANY CONTINENTAL CASUALTY COMPANY CONTINENTAL INDEMNITY COMPANY CONTINENTAL INSURANCE COMPANY, THE CONTINENTAL WESTERN INS. COMPANY CRUM & FORSTER INDEMNITY COMPANY ~D~ DEPOSITORS INSURANCE COMPANY DISCOVER PROPERTY & CASUALTY INS CO. ~E~ EASTERN ADVANTAGE ASSURANCE COMPANY EASTERN ALLIANCE INSURANCE COMPANY Members As O f December 31, 2015 NYCIRB EASTGUARD INSURANCE COMPANY ELECTRIC INSURANCE COMPANY EMPLOYERS ASSURANCE COMPANY EMPLOYERS FIRE INSURANCE COMPANY EMPLOYERS COMPENSATION INS. COMPANY EMPLOYERS INSURANCE COMPANY OF WAUSAU EMPLOYERS MUTUAL CASUALTY COMPANY EMPLOYERS PREFERRED INSURANCE COMPANY ERIE INSURANCE COMPANY ERIE INSURANCE COMPANY OF NEW YORK ERIE INSURANCE PROPERTY CASUALTY CO. EVEREST NATIONAL INSURANCE COMPANY EXCELSIOR INSURANCE COMPANY EXECUTIVE RISK INDEMNITY INCORPORATED GREENWICH INSURANCE COMPANY GUARANTEE INSURANCE COMPANY GUIDEONE MUTUAL INSURANCE COMPANY ~H~ HANOVER AMERICAN INS. COMPANY, THE HANOVER INSURANCE COMPANY HARCO NATIONAL INSURANCE COMPANY HARLEYSVILLE INSURANCE COMPANY HARLEYSVILLE INSURANCE CO. OF NEW YORK HARLEYSVILLE PREFERRED INS. COMPANY HARLEYSVILLE WORCESTER INS. COMPANY HARTFORD ACCIDENT & INDEMNITY COMPANY HARTFORD CASUALTY INSURANCE COMPANY HARTFORD FIRE INSURANCE COMPANY HARTFORD INSURANCE CO. OF THE MIDWEST HARTFORD UNDERWRITERS INS. COMPANY HDI-GERLING AMERICA INSURANCE COMPANY HEREFORD INSURANCE COMPANY HERMITAGE INSURANCE COMPANY HIGHLANDS INSURANCE COMPANY HOMELAND INSURANCE CO. OF NEW YORK ~F~ FALLS LAKE NATIONAL INSURANCE COMPANY FARM FAMILY CASUALTY INSURANCE COMPANY FARMERS INSURANCE EXCHANGE FARMINGTON CASUALTY COMPANY FDM PREFERRED INSURANCE COMPANY, INC. FEDERAL INSURANCE COMPANY FEDERATED MUTUAL INSURANCE COMPANY FEDERATED RURAL ELECTRIC INS. EXCHANGE FEDERATED SERVICE INSURANCE COMPANY FIDELITY & DEPOSIT COMPANY OF MD. FIDELITY & GUARANTY INSURANCE COMPANY FIDELITY & GUARANTY INS. UNDERWRITERS INCORP. FIRE DISTRICTS INSURANCE COMPANY, INC. FIRE DISTRICTS OF NY MUTUAL INS. COMPANY FIREMAN’S FUND INSURANCE COMPANY FIREMEN’S INSURANCE COMPANY OF WASH. D.C. FIRST LIBERTY INSURANCE CORP. FIRST NATIONAL INSURANCE CO. OF AMERICA FLAGSHIP CITY INSURANCE COMPANY FLORISTS’ INSURANCE COMPANY FLORISTS’ MUTUAL INSURANCE COMPANY FOREMOST INS. CO. OF GRAND RAPIDS MICHIGAN FOREMOST PROPERTY & CASUALTY INS.COMPANY FOREMOST SIGNATURE INSURANCE COMPANY ~I~ ILLINOIS NATIONAL INSURANCE COMPANY IMPERIUM INSURANCE COMPANY INDEMNITY INSURANCE CO. OF NORTH AMERICA INDIANA LUMBERMENS MUTUAL INS. COMPANY INFINITY ASSURANCE INSURANCE COMPANY INSURANCE COMPANY OF GREATER N. Y. INSURANCE COMPANY OF NORTH AMERICA INSURANCE COMPANY OF THE STATE OF PENN. INSURANCE COMPANY OF THE WEST INTERSTATE INDEMNITY COMPANY ~K~ KOOKMIN BEST INSURANCE COMPANY, LTD ~L~ ~G~ LAMORAK INSURANCE COMPANY LANCER INSURANCE COMPANY LIBERTY INSURANCE CORPORATION LIBERTY INSURANCE UNDERWRITERS INC. LIBERTY MUTUAL FIRE INSURANCE COMPANY LIBERTY MUTUAL INSURANCE COMPANY LM GENERAL INSURANCE COMPANY LM INSURANCE CORPORATION LM PERSONAL INSURANCE COMPANY LM PROPERTY AND CASUALTY INS. COMPANY LUMBERMEN’S UNDERWRITING ALLIANCE GENERAL CASUALTY COMPANY OF WISCONSIN GENERAL INSURANCE COMPANY OF AMERICA GENERAL STAR NATIONAL INSURANCE COMPANY GENESIS INSURANCE COMPANY GRANITE STATE INSURANCE COMPANY GRAPHIC ARTS MUTUAL INSURANCE COMPANY GREAT AMERICAN ALLIANCE INSURANCE COMPANY GREAT AMERICAN ASSURANCE COMPANY GREAT AMERICAN INSURANCE COMPANY GREAT AMERICAN INSURANCE COMPANY OF NY GREAT DIVIDE INSURANCE COMPANY GREAT NORTHERN INSURANCE COMPANY GREAT WEST CASUALTY COMPANY GREATER N. Y. MUTUAL INSURANCE COMPANY 54 Members As O f December 31, 2015 NYCIRB ~M~ ~O~ MAIN STREET AMERICA ASSURANCE COMPANY MAINE EMPLOYERS’ MUTUAL INS. COMPANY MAJESTIC INSURANCE COMPANY MANUFACTURERS ALLIANCE INS. COMPANY MARKEL INSURANCE COMPANY MARYLAND CASUALTY COMPANY MASSACHUSETTS BAY INSURANCE COMPANY MEMIC CASUALTY COMPANY MEMIC INDEMNITY COMPANY MERCER INSURANCE COMPANY MERIDIAN SECURITY INSURANCE COMPANY MERCHANTS INS. COMPANY OF NEW HAMPSHIRE MERCHANTS MUTUAL INSURANCE COMPANY MERCHANTS PREFERRED INSURANCE COMPANY MICHIGAN MILLERS INSURANCE COMPANY MID CENTURY INSURANCE COMPANY MIDDLESEX INSURANCE COMPANY MIDWEST EMPLOYERS CASUALTY COMPANY MILWAUKEE CASUALTY INSURANCE COMPANY MITSUI SUMITOMO INS. COMPANY OF AMERICA MOTORIST COMMERICAL MUTUAL INS. COMPANY MOUNT VERNON FIRE INSURANCE COMPANY MOUNTAIN VALLEY INDEMNITY COMPANY OAK RIVER INSURANCE COMPANY (KANSAS) OBI NATIONAL INSURANCE COMPANY OHIO CASUALTY INSURANCE COMPANY OHIO SECURITY INSURANCE COMPANY OLD REPUBLIC GENERAL INS. CORPORATION OLD REPUBLIC INSURANCE COMPANY ORISKA INSURANCE COMPANY ~P~ PACIFIC EMPLOYERS INSURANCE COMPANY PACIFIC INDEMNITY COMPANY PARAMOUNT INSURANCE COMPANY PATRIOT GENERAL INSURANCE COMPANY PEERLESS INDEMNITY INSURANCE COMPANY PEERLESS INSURANCE COMPANY PENN LUMBERMAN’S MUTUAL INS. COMPANY PENN MILLERS INSURANCE COMPANY PENN. MANUFACTURERS ASSN. INS. COMPANY PENNSYLVANIA INSURANCE COMPANY PENNSYLVANIA MANUFACTURERS INDEMNITY CO. PENNSYLVANIA NATIONAL MUTUAL CASUALTY CO. PETROLEUM CASUALTY COMPANY PHARMACISTS MUTUAL INSURANCE COMPANY PHOENIX INSURANCE COMPANY PLATTE RIVER INSURANCE COMPANY PRAETORIAN INSURANCE COMPANY PREFERRED MUTUAL INSURANCE COMPANY PREFERRED PROFESSIONAL INSURANCE CO PRESERVER INSURANCE COMPANY *PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE PROCENTURY INSURANCE COMPANY PROPERTY & CASUALTY INS. CO. OF HARTFORD PROTECTIVE INSURANCE COMPANY PROVIDENCE WASHINGTON INSURANCE COMPANY PUBLIC SERVICE INSURANCE COMPANY ~N~ NATIONAL AMERICAN INSURANCE COMPANY NATIONAL CASUALTY COMPANY NATIONAL FIRE INSURANCE CO. OF HARTFORD NATIONAL GRANGE MUTUAL INS. COMPANY NATIONAL INTERSTATE INSURANCE COMPANY NATIONAL LIABILITY & FIRE INS. COMPANY NATIONAL SURETY CORPORATION NATIONAL UNION FIRE INS. CO. OF PITTS., PA NATIONWIDE AGRIBUSINESS INS. COMPANY NATIONWIDE MUTUAL FIRE INS. COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE PROPERTY & CASUALTY INS. CO. NETHERLANDS INSURANCE COMPANY NEW HAMPSHIRE INSURANCE COMPANY NEW JERSEY MANUFACTURERS INS. COMPANY NEW YORK MARINE & GENERAL INS. COMPANY NORGUARD INSURANCE COMPANY NORTH AMERICAN ELITE INSURANCE COMPANY NORTH AMERICAN SPECIALTY INS. COMPANY NORTH POINTE INSURANCE COMPANY NORTH RIVER INSURANCE COMPANY NORTHBROOK INDEMNITY COMPANY NORTHERN INSURANCE COMPANY OF NY NORTHWESTERN NATIONAL CASUALTY CO. NORTHWESTERN NATIONAL INS. COMPANY NOVA CASUALTY COMPANY ~Q~ QBE INSURANCE CORPORATION ~R~ RANGER INSURANCE COMPANY REGENT INSURANCE COMPANY REPUBLIC-FRANKLIN INSURANCE COMPANY REPWEST INSURANCE COMPANY RIVERPORT INSURANCE COMPANY RLI INSURANCE COMPANY ROCHDALE INSURANCE COMPANY ROCKWOOD CASUALTY INSURANCE COMPANY 55 Members As Of December 31, 2015 NYCIRB ~S~ SAFECO INSURANCE COMPANY OF AMERICA SAFETY FIRST INSURANCE COMPANY SAFETY NATIONAL CASUALTY CORP. SAMSUNG FIRE & MARINE INSURANCE CO. LTD. SEABRIGHT INSURANCE COMPANY SECURITY NATIONAL INSURANCE COMPANY SELECTIVE INSURANCE COMPANY OF AMERICA SELECTIVE INSURANCE COMPANY OF NEW YORK SELECTIVE INS. COMPANY OF SOUTH CAROLINA SELECTIVE WAY INSURANCE COMPANY SENECA INSURANCE COMPANY INCORPORATED SENTINEL INSURANCE COMPANY SENTRY CASUALTY COMPANY SENTRY INSURANCE A MUTUAL COMPANY SENTRY SELECT INSURANCE COMPANY SOMPO JAPAN FIRE & MARINE INS. CO. OF AMERICA SOMPO JAPAN INSURANCE COMPANY OF AMERICA SPARTA INSURANCE COMPANY ST. PAUL FIRE & MARINE INSURANCE COMPANY ST. PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY ST. PAUL PROTECTIVE INSURANCE COMPANY STANDARD FIRE INSURANCE COMPANY STARR INDEMNITY & LIABILITY COMPANY STAR INSURANCE COMPANY STARNET INSURANCE COMPANY STATE AUTO PROPERTY & CASUALTY INS. COMPANY STATE AUTOMOBILE MUTUAL INSURANCE COMPANY STATE FARM FIRE & CASUALTY COMPANY STATE FARM GENERAL INSURANCE COMPANY STATE INSURANCE FUND STATE NATIONAL INSURANCE COMPANY, INC. STONINGTON INSURANCE COMPANY STRATHMORE INSURANCE COMPANY SUN INSURANCE OFFICE OF AMERICA INC ~T~ THE GRAY INSURANCE COMPANY T.H.E. INSURANCE COMPANY TECHNOLOGY INSURANCE COMPANY TNUS INSURANCE COMPANY TOKIO MARINE AMERICA INSURANCE COMPANY TOWER INSURANCE COMPANY OF NEW YORK TOWER NATIONAL INSURANCE COMPANY TOYOTA MOTOR INSURANCE COMPANY TRANS PACIFIC INSURANCE COMPANY TRANSGUARD INSURANCE CO OF AMERICA INC TRANSPORTATION INSURANCE COMPANY TRAVELERS CASUALTY COMPANY TRAVELERS CASUALTY & SURETY CO OF AMER TRAVELERS CASUALTY & SURETY COMPANY TRAVELERS CASUALTY COMPANY OF CONNECTICUT TRAVELERS CASUALTY INS. COMPANY OF AMERICA TRAVELERS COMMERCIAL INSURANCE COMPANY TRAVELERS INDEMNITY COMPANY TRAVELERS INDEMNITY COMPANY OF AMERICA TRAVELERS INDEMNITY CO. OF CONNECTICUT TRAVELERS PROPERTY CASUALTY CO. OF AMERICA TRI-STATE INSURANCE COMPANY OF MINNESOTA *TRUCK INSURANCE EXCHANGE TRUMBULL INSURANCE COMPANY TWIN CITY FIRE INSURANCE COMPANY ~U~ U. S. FIDELITY & GUARANTY INS. COMPANY U. S. FIRE INSURANCE COMPANY U.S. SPECIALITY INSURANCE COMPANY UNIGARD INDEMNITY COMPANY UNIGARD INSURANCE COMPANY UNIGARD SECURITY INSURANCE COMPANY UNION INSURANCE COMPANY UNITED FARM FAMILY INSURANCE COMPANY UNITED STATE LIABILITY INSURANCE COMPANY UNITED WISCONSIN INSURANCE COMPANY UNIVERSAL UNDERWRITERS INS. COMPANY UTICA MUTUAL INSURANCE COMPANY UTICA NATIONAL ASSURANCE COMPANY UTICA NATIONAL INS. COMPANY OF OHIO UTICA NATIONAL INS. COMPANY OF TEXAS ~V~ VALLEY FORGE INSURANCE COMPANY VANLINER INSURANCE COMPANY VIGILANT INSURANCE COMPANY VIRGINIA SURETY COMPANY, INC. ~W~ WAUSAU BUSINESS INSURANCE COMPANY WAUSAU GENERAL INSURANCE COMPANY WAUSAU UNDERWRITERS INSURANCE COMPANY WESCO INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY WESTCHESTER FIRE INSURANCE COMPANY WESTERN SELECT INSURANCE COMPANY WESTFIELD INSURANCE COMPANY WESTPORT INSURANCE CORPORATION WILLIAMSBURG NATIONAL INSURANCE CO WORK FIRST CASUALTY COMPANY ~X~ XL INSURANCE AMERICA, INC. XL SPECIALITY INSURANCE COMPANY ~Z~ ZENITH INSURANCE COMPANY ZURICH NORTH AMERICA INSURANCE COMPANY ZURICH NORTH AMERICAN INS. CO. OF ILLINOIS *Reciprocal 56