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Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU, President & Economist Insurance Information Institute 110 William Street New York, NY 10038 Tel: 212.346.5520 Cell: 917.453.1885 [email protected]

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Page 1: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Ohio Competitive Workers Compensation Task Force Meeting

Ohio Bureau of Workers CompensationColumbus, OH

August 19, 2010Robert P. Hartwig, Ph.D., CPCU, President & Economist

Insurance Information Institute 110 William Street New York, NY 10038Tel: 212.346.5520 Cell: 917.453.1885 [email protected] www.iii.org

Page 2: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

2

Presentation Outline

Insurance, Monopoly and Workers Compensation Economic tests/rationale for monopoly: 2010 vs. 1910

Competition: Market concentration metrics

A Brief History of Workers History in Ohio Social policy, economics, legislation, litigation and politics

Workers Compensation Operating Environment: Intense Competition Size, Growth, Underwriting Performance, Residual Markets, Employer Cost

The Importance of Free, Open and Fair Competition Benefits of competition

The need for all insurers to compete on a level playing field, irrespective of size

Workplace Safety The workplace has never been safer

Workers comp insurers are critical players in safety and risk management

Q & A

Page 3: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Insurance, Monopoly and Workers Compensation

3

What Does Economics Have to Say About Monopoly in Workers Compensation

Insurance Markets?Depends on Which Century You Ask

Page 4: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

4

Figure 1: Economic Test for Rationalization of Monopoly, 2010 vs. 1910

Source: Insurance Information Institute

Economic Tests that Could Be Used to

Rationalize the Existence of Monopoly in

Workers Compensation

Do the

Criteria

Apply in

2010?

Observations Did the

Criteria

Apply in

1910?

Observations

Does any insurer have exclusive ownership of a

resource, expertise or capital necessary to write

workers compensation coverage?

No 46 states allow private sector

competition

764 private insurers wrote workers comp

insurance in these 46 states in 2009

Possibly State insurers

often would have

been in a better

position to secure

capital, data

Do any insurers have an exclusive patent or

process necessary to write workers

compensation insurance?

No Actuarial and underwriting

methodologies for workers

compensation are similar throughout the

industry

Necessary skills/expertise and

technology can be readily acquired

through training or purchase

N/A There were

established

actuarial or

underwriting

procedures for

WC in 1910

Do high fixed costs render the cost of providing

workers compensation too high unless there is

just a single provider of coverage?

No The marginal cost of offering workers

comp in Ohio is relatively low, especially

for insurers already offering the

coverage in other states

Yes

(in Some

States)

Creating a WC

product and

distribution

system would

have been costly

Page 5: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

5

Rationale for Government Monopoly & The Standard Monopoly Critique Governments Do Not Create or Sanction Monopolies for the Purpose of Wealth Creation

Governments Create Monopolies When They Believe the Public Interest Is Being Served To provide a necessary service that otherwise would be unavailable

To provide a service that otherwise would be unaffordable to most

To create an unavoidable service (e.g., toll road)

Any Level of Government Can Create a Monopoly: Federal, State, Local

Standard Critique of Monopoly Monopolies (Including Government Monopolies) Produce Products and Services that

Are of Inferior Quality Due to the fact that the monopolist has no market-based incentive to provide high-quality service or to

improve

Market share and finances are guaranteed by the government

No external benchmark for performance

In contrast, competition drives sellers to improve/innovate or lose market share

The Quality-of-Product Issue is One of the Most Frequently Leveled Criticisms Against Government Monopolies Examples: DMVs, highway maintenance, education, sanitation, public safety

Page 6: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

6

Competition and Workers Compensation in the 21st Century: Market Observations

46 or the 50 State Allow Competition in their Worker Comp Markets Means most states believe competition in WC markets is feasible and desirable Also implies that insurance departments can adequately regulate WC market

764 Insurers (Comprised of 314 Insurance Groups) Wrote Workers Coverage in 2009 By U.S. Dept. of Justice standards, the WC market in every non-monopolistic fund state fits the

definition of “competitive” (no antitrust concerns) Even the largest WC carrier had only an 11% market share nationally in 2009

Barriers to Entry in Workers Compensation Are Low New insurers can enter WC markets with relative ease

Many Insurers Compete in States Near/Like Ohio IN: 88; PA: 85; IL: 95, MI: 62; WI: 82 If OH were competitive today, 65-85 private insurers would likely be writing coverage

No Traditional Economic Criteria that Would Justify the Existence of Monopoly Exist in 2010 In 1910, the situation was different

Residual Market Shares Are Very Small and Are Shrinking Nationally, WC residual market share was just 5% of DPW in 2009 (NCCI states) Combined underwriting loss of these states was just $75 million in 2009

Page 7: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

7

WC Market Concentration* by HHI in Selected States, 2009

519.3

678.9725.4

891.0

1197.7

417.7465.9 471.0 486.8 491.2 496.8

0

200

400

600

800

1000

1200

1400

PA IA WI IN MN IL TN MD NV MI KY

*private insurers only Sources: SNL Financial, U.S. Department of Justice; I.I.I.

In every state near Ohio and with similar economies, the private market for Workers Compensation insurance is highly competitive

Herfindahl-Hirschman Index

An HHI below 1000 means the market is highly competitive. An HHI between 1000 and 1800 means it is moderately competitive. An HHI over 1800 is a

market dominated by one or a very few sellers.

Page 8: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

8

WC Market Share of Top 5 Insurers in Selected States, 2009

42.850.3 48.9

55.6

66.7

44.642.338.837.939.536.0

0

10

20

30

40

50

60

70

80

90

100

PA IA WI IN MN IL TN MD NV MI KY

*private insurers only Sources: SNL Financial; I.I.I.

Market Share (%)

No single insurer or group of insurers dominate workers compensation in markets in nearby states (or in Nevada)

In every state near Ohio and with similar economies, the private market for Workers Compensation insurance is highly competitive

Page 9: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

9

Number of Insurers in the WC Market in Selected States, 2009

117

63

93

6267

29

95

67

8882

7685

0102030405060708090

100110120130

PA IA WI IN MN IL TN MD NV MI KY WV

*private insurers only Sources: SNL Financial; I.I.I.

Number of Insurers WV’s market is transitioning to a competitive state; in 2009

the former monopoly state fund had a 75% market share.

In every state near Ohio and with similar economies, the private market for Workers Compensation insurance is highly competitive

Page 10: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

10

No Single Company Dominates Workers Comp Market in U.S.

Source: Highline Data; Insurance Information Institute.

The five largest writers command 39% of the market. The 10 largest command 51%.

AIG9%

Liberty Mutual11%

Travelers7%

Hartford6%

Zurich6%

Other61%

Page 11: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

11

Like Most of the US, Indiana’s WC Market Is Competitive

Source: SNL Financial; Insurance Information Institute.

The five largest writers command 39% of the market. The 10 largest command 54%.

Travelers7%

Liberty Mutual16%

AIG6%

Accident Fund Group

6%Cincinnati Financial

4%

Rest of market61%

Page 12: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

A Brief History of Workers Compensation in Ohio

12

Social Policy, History, Economics and Politics All Played Important Roles in the

Development of Modern WC Systems, Including Ohio’s

Page 13: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

13

Workers Compensation Timeline

Industrialization of US in the Late 19th/Early 20th Century Led to Increasing & Unacceptably High Number of Deaths and Injuries Among Workers

In 1912, an estimated 18,000 to 23,000 workers were killed on the job (compared to 5,071 in 2008) and approximately 4.7 million (12% or workforce) suffered a nonfatal illness or injury (compared to 3.7 million 2008)

The 1912 death/injury rates would imply 75,600 deaths and 17 million injuries today

More awareness of broader impacts on families of injured/killed workers

Workers Could Seek Redress Under Tort Law, But Seldom Prevailed

Employers usually won suits filed by injured workers by arguing:– Contributory Negligence: Employee was at least partially to blame for the accident– Assumed Risk: By taking the job, the employee understood the hazards involved– Fellow Servant Rule: A fellow worker caused the accident, so the employer was not at fault

European Countries Began to Implement Workers Compensation Programs

Germany (1884); England (1897)

Insurers Began to Sell Commercial Liability Coverage in the Late 1800s

Coverage for inadvertent errors became more commonplace

In the workforce, such policies became the first employer liability policies

Source: Insurance Information Institute.

Page 14: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

14

Cumulative Number of WC Laws Passed, 1910-1920

1

1013

2224

32 32

37 38

42 43

0

5

10

15

20

25

30

35

40

45

1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920

No. of states

Source: http://eh.net/encyclopedia/article/fishback.workers.compensation; Insurance Information Institute.

New York was the first state to pass a WC law in 1910, and Ohio was one of the first ten when its law passed in

1911. By 1920, 43 of the 48 states at that time had passed WC laws

Page 15: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

15

Ohio: A Workers Comp Trailblazer

In 1910, Ohio General Assembly Authorizes Governor to Appoint a Commission to Explore a Workers Comp Law for the State

Commission Issues Report in January 1911 Proposing a WC Law

General Assembly in May 1911 Passed the Workers Compensation Act Ohio’s early response to one of the early 20th century’s most important social and economic

concerns was very progressive but also explains much about how Ohio’s workers compensation market is structured today

Law was voluntary since mandatory nature of laws in other states (NY, MD, MA, MT) resulted in courts deeming the laws to be unconstitutional as an unjustified taking of an employers’ property rights without due process

The WCA of 1911 also established a state fund (not necessarily a monopolistic fund)

Ohio’s Law Survived Court Challenges Due to Its Voluntary Nature Problem: Since law was voluntary, employers generally didn’t buy it; Stayed with tort law where

they generally won suits lodged by employees

Advocates of WC Law Seized the Opportunity to Push their Cause at Ohio’s Constitutional Convention in 1912 Amendment to OH constitution regarding WC law offered and passed easily

WC mandatory law enshrined in state constitution in 1913

Source: Insurance Information Institute.

Page 16: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

16

Ohio: A Workers Comp Trailblazer (cont’d)

By 1913, Ohio Had a WC Law and a State Fund Fund was operating as a de facto monopoly (though self insurance was allowed)

In 1915, Ohio Insurance Commissioner Frank Taggert Ruled that Private Insurers Could Compete with the State for Business Private insurers quickly enter the market

At the Time of Ohio’s Original WC Law in 1911, How Workers Comp Markets Should Be Structured Was an Unsettled Question By 1911, 10 states including OH had WC laws; 6 states had private systems; 2 had competitive

funds and 2 had monopolistic funds; By 1913, 3 other monopolistic systems had been created

Taggert Ruling Challenged but Upheld by State Supreme Court in 1916

In 1917, Assembly Passes Legislation Banning Private Insurers from State Success of legislation in attributed to the influence of powerful unions

Also in 1917, US Supreme Court rules state WC laws are constitutional

State Cancels All Outstanding Private Policies

Despite Several Efforts to Introduce Competition, System Remains Monopolistic to this Day

Source: Insurance Information Institute.

Page 17: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

17

Key Workers Compensation Developments in the 1910s

Source: Insurance Information Institute.

Page 18: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

18

Monopolistic State Funds: Where Are they Today?

State Date started StatusOhio 1911 Still monopolistic

Washington 1911 Monopolistic; referendum sought in 2010

Nevada 1913 State fund privatized in 1999

Oregon 1913 Allowed competition in 1980

West Virginia 1913 Allowed competition in 2008

Wyoming 1915 Still monopolistic

North Dakota 1919 Still monopolistic

Source: Economic History Association, http://eh.net/encyclopedia/article/fishback.workers.compensation, Insurance Information Institute research.

Page 19: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Compensation Operating Environment

19

Despite Significant Volatility in the US Economy and Labor Force, Workers Compensation Remains a Vigorously

Competitive Line

Page 20: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

20

Workers Compensation Net Premiums Written & Annual Growth Rates: 1970-2010P

$3.5

$3.7

$4.2

$4.8

$5.5

$6.2 $7

.5 $9.4 $1

1.3

$13.

2$1

4.2

$14.

6$1

4.0

$14.

0$1

5.1

$17.

1 $20.

4 $23.

4 $26.

1 $28.

2 $31.

0$3

1.3

$29.

7$3

4.3

$32.

7$2

9.5

$27.

7$2

6.5

$24.

2$2

3.1 $2

6.2

$27.

1 $30.

6 $32.

9 $36.

7 $39.

7$4

1.8

$40.

9$3

7.3

$32.

5$3

0.5

$0

$5

$10

$15

$20

$25

$30

$35

$40

$45

70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04 06 08 10

WC

Ne

t P

rem

ium

s W

ritt

en

-15.00%

-10.00%

-5.00%

0.00%

5.00%

10.00%

15.00%

20.00%

25.00%

30.00%

An

nu

al %

Ch

an

ge

in W

C N

PW

WC Net Premiums Written

Annual % Change in NPW

($ Billions)

Sources: A.M. Best (1973-2009); Insurance Information Institute calculations and estimates for 2010.

Page 21: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Compensation Premium Continues Its Sharp DeclineNet Written Premium

$ Billions

Calendar Yearp Preliminary

Source: 1990–2008 Private Carriers, Best's Aggregates & Averages; 2009p, NCCI1996–2009p State Funds: AZ, CA, CO, HI, ID, KY, LA, MD, MO, MT, NM, OK, OR, RI, TX, UT Annual Statements

State Funds available for 1996 and subsequent

Page 22: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

22

WC State Fund Market Share,1996 – 2009p

22.4%

26.4% 25.4%

21.0%

16.9%15.2%

14.1%12.7%

18.7%

12.9%10.8%10.2%10.0%10.6%

0%

5%

10%

15%

20%

25%

30%

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Market Share (%) Private insurance markets are highly competitive. State

fund market shares have been falling steadily since 2003.

Competition, favorable underwriting trends, coverage options, private insurer innovations in risk management have all helped to make the private

sector WC insurance the most attractive option in most cases

Source: 1990–2008 Private Carriers, Best's Aggregates & Averages; 2009p, NCCI, Insurance Information Institute Market Share calculations1996–2009p State Funds: AZ, CA, CO, HI, ID, KY, LA, MD, MO, MT, NM, OK, OR, RI, TX, UT Annual Statements

State Funds available for 1996 and subsequent; p: Preliminary

Page 23: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

23

Wage & Salary Disbursement (Private Employment) vs. WC NWP ($ Billions)

Wage & Salary Disbursements (Payroll Base) vs. Workers Comp Net Written Premiums

* Average Wage and Salary data as of 10/1/2009. Shaded areas indicate recessions. **Estimated “official” end of recession June 2009.Source: US Bureau of Economic Analysis; Federal Reserve Bank of St. Louis at http://research.stlouisfed.org/fred2/series/WASCUR ; I.I.I. Fact Books

Weakening Payrolls Have Eroded $2B+ in Workers Comp Premiums; Nearly 29% of NPW Has Been Eroded Away by the Soft Market and Weak Economy

7/90-3/91 3/01-11/01

$0

$1,000

$2,000

$3,000

$4,000

$5,000

$6,000

$7,000

90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09*

$0

$10

$20

$30

$40

$50

$60

Wage & SalaryDisbursements

WC NPW

WC net premiums written were down $13.7B or 28.7%

to $34.1B in 2009 after peaking at $47.8B in 2005

12/07-6/09**

Page 24: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

2-Year Change in Countrywide NWP -23%

Known Pricing Impacts

Change in Bureau Rates and Loss Costs -7%

Change in Carrier Pricing -4%

Economic Impacts

Change in Total Payroll -4%

Impact of Recession on Industry Group Mix -4% to -6%

Impact of Recession by Firm Size -4% to -6%

Other Impacts +1% to -2%

Contributions to WCNet Written Premium DeclineCalendar Years 2007–2009

Source: NCCI

Page 25: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Estimated Effect of Recessions* on Payroll (Workers Comp Exposure)

*Data represent maximum recorded decline over 12-month period using annualized quarterly wage and salary accrual dataSource: Insurance Information Institute research; Federal Reserve Bank of St. Louis (wage and salary data); National Bureau of Economic Research (recession dates).

-4.4%

-2.0%-1.1%

1.1%

3.7%4.6%

8.5%

3.5%

2.1%

-0.5%

-3.6%

-6%

-4%

-2%

0%

2%

4%

6%

8%

10%

1948-1949

1953-1954

1957-1958

1960-1961

1969-1970

1973-1975

1980 1981-1982

1990-1991

2001 2007-2009

Recessions in the 1970s and 1980s saw smaller exposure impacts

because of continued wage inflation, a factor not present

during the 2007-2009 recession

The Dec. 2007 to mid-2009 recession

caused the largest impact on WC

exposure in 60 years

(Percent Change)

(All Post WWII Recessions)

Recession Dates (Beginning/Ending Years)

Page 26: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Average Approved BureauRates/Loss CostsHistory of Average WC Bureau Rate/Loss Cost Level Changes

12.1

7.4

10.0

2.9

-6.4

-3.2

-6.0

-8.0

-5.4

-2.6

3.5

1.2

4.9

6.6

-6.0-5.1

-5.7-6.6

-3.1-2.4

-1.4

-10

-5

0

5

10

15

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 20092010*

Percent

Calendar Year* States approved through 4/23/2010Countrywide approved changes in advisory rates, loss costs, and assigned risk rates as filed by the applicable rating organization

Cumulative1990–1993

+36.3%

Cumulative 2000–2003

+17.1%

Cumulative 2004–2010

-26.7%

Cumulative 1994–1999

-27.8%

*States approved through 4/23/10.Note: Countrywide approved changes in advisory rates, loss costs and assigned risk rates as filed by applicable rating organization.Source: NCCI.

Page 27: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Comp Employer Costs as Percentage of Total Compensation

All Other includes Paid Leave, Supplemental Pay, Insurance (other than Health), Social Security, Retirement and SavingsSource: US Department of Labor, Bureau of Labor Statistics

All Other category includes Paid Leave, Supplemental Pay, Insurance (other than Health), Social Security, Retirement and SavingsSource: US Department of Labor, Bureau of Labor Statistics.

Private Industry

Workers comp costs as a share of total

compensation fell over the past decade

Page 28: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

28

Comparison of State WC rates

Source: The Ohio Model: Presentation to the Competitive Workers Compensation Task Force, April 15, 2010. Rates weighted by Ohio’s distribution of exposures by classification

Page 29: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

29

Comparison of State WC rates

Source: Oregon Workers’ Compensation Premium Rate Ranking 2008. Rates weighted by Oregon’s distribution of exposures by classification

Ohio’s 2008 rate, $3.32 per $100 payroll was third highest in the country, behind Alaska and Montana. It is markedly higher than surrounding Midwestern states.

Indiana’s rate, by contrast, is 49th. Only North Dakota is lower.

Page 30: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Compensation Combined Ratio: 1973–2010F

96

.8 99

.91

01

.1 10

4.2

10

3.6

99

.49

6.4

10

1.4

10

2.8

10

3.9

11

2.5

12

1.9

11

8.8

12

1.1

11

7.6

11

8.4

11

8.2

11

7.4 12

2.6

12

1.5

10

9.1

10

2.0

97

.0 10

0.0

10

1.0

10

7.0

11

5.3 11

8.2

12

1.7

11

0.9

11

0.0

10

7.0

10

2.7

98

.41

03

.51

04

.3 10

9.0 11

2.0

80

85

90

95

100

105

110

115

120

125

73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

00

01

02

03

04

05

06

07

08

09

P1

0F

Workers Comp Results Are Cyclical

Sources: A.M. Best; Insurance Information Institute.

Page 31: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Compensation Calendar Year Net Combined Ratios

Percent

Calendar Year

Private Carriers and State Funds

Historically, state funds run higher combined rations (worse underwriting performance) than private carriers, in part due to residual market burdens

p PreliminarySource: 1996–2008 Private Carriers, Best's Aggregates & Averages; 2009p, NCCI

1996–2009p NCCI-Affiliated State Funds: AZ, CO, HI, ID, KY, LA, MO, MT, NM, OK, OR, RI, UT Annual Statements1996–2009p State Funds: AZ, CA, CO, HI, ID, KY, LA, MD, MO, MT, NM, OK, OR, RI, TX, UT Annual Statements

Page 32: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers CompensationPre-Tax Operating Gain Ratios

Percent

Calendar Yearp PreliminaryOperating Gain Equals 1.00 minus (Combined Ratio Less Investment Gain on Insurance Transactions and Other Income)Source: 1996–2008 Private Carriers, Best's Aggregates & Averages; 2009p, NCCI

1996–2009p NCCI-Affiliated State Funds: AZ, CO, HI, ID, KY, LA, MO, MT, NM, OK, OR, RI, UT Annual Statements1996–2009p State Funds: AZ, CA, CO, HI, ID, KY, LA, MD, MO, MT, NM, OK, OR, RI, TX, UT Annual Statements

1996–2008 AveragesPrivate Carriers: +7.8%NCCI-Affiliated State Funds: +6.4%State Funds: +2.6%

Private Carriers and State Funds

Page 33: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workers Compensation Residual Market Overview

33

Residual Markets Have Been Shrinking

Page 34: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Percent

Calendar Year

9

1618

17

2224

26

2928

24

43

5

1113 13

1210

86

53

17

11

8

0

5

10

15

20

25

30

85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09p

*NCCI Plan states plus DE, IN, MA MI, NJ, NCp: PreliminarySource: NCCI.

WC Insurance Plan States*Premium as a Percentage of Direct Written Premiums

WC Residual Market Shares Continue to Decline

Page 35: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Percent

Policy Year

178

166170 167

159

143

128

112

10397

115 117113 114

107 107 105 105112 115 115117

95100 102

75

95

115

135

155

175

195

85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09*

NCCI-Serviced WC Residual Market Plansas of December 31, 2009

WC Residual Market Shares Continue to Decline

*NCCI Plan states plus DE, IN, MA MI, NJ, NCp: PreliminarySource: NCCI.

Page 36: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

$ Millions

Policy Year

-$9

43

-$1

,39

4

-$1

,81

5

-$1

,91

2

-$1

,71

1

-$1

,20

9

-$5

65

-$1

29

-$5

0

-$4

7

-$7

9

-$1

49

-$9

9

-$1

03

-$7

6

-$5

7

-$1

14

-$1

00

-$7

5

-$2

,07

7

$1

02

-$6

1

$1

00

$1

-$1

2

($2,500)

($2,000)

($1,500)

($1,000)

($500)

$0

$500

85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09*

*Incomplete policy year projected to ultimate.Source: NCCI.

NCCI-Serviced WC Residual Market Plansas of December 31, 2009

Workers Compensation Residual Market Underwriting Results

Page 37: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

The Importance of Free, Open and Fair Competition

37

Any Changes to Ohio’s System Should Fair Competition, Level Playing Field

Page 38: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

38

Considerations for a Competitive Workers Compensation Environment in Ohio

Any Competitive Structure Under Consideration (Now or in the Future) Should Be Designed to Maximize Free, Open and Fair Competition

Advantages of Competition

Maximizes policyholder choice/options

Enhances product quality

Enhanced array of risk management tools, analytics, solutions

Increased (insurer) diversification across states and other p/c lines

All Insurers, Large and Small, Must Operate on a Level Playing Field

Most of the Insurers that Would Enter the Market Would be Small, But Collectively Would Account for 40% – 60%Very Critical to Success

Opening of the market should not disadvantage them due to size, distribution network

Large carriers, by virtue of their multistate market presence or market share in other commercial lines in Ohio should not be allowed any particular advantage

Source: Insurance Information Institute.

Page 39: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

Workplace Safety is the Paramount Concern

39

Workplace Safety Continues to Improve, in No Small Part Due to the

Efforts of Workers Comp Insurers

Page 40: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

40

Workers Compensation Lost-Time Claim Frequency Continues to Decline*

-4.4

%

0.3

%

-6.5

%

-4.5

%

0.5

%

-3.9

%

-2.3

%

-4.5

%

-6.9

%

-4.5

%

-4.1

%

-3.7

%

-6.6

%

-6.2

%

-3.0

%

-3.4

%

-4.0

%

-9.2

%

-4.2

%

-10%

-8%

-6%

-4%

-2%

0%

2%

91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09P

(Percent) Lost-Time Claims

Claim frequency fell in 4.0% in 2009, in part due to the recession

Cumulative Change of -54.7%

(1991 – 2008)

2009p: Preliminary based on data valued as of 12/31/2009; *Frequency is defined as the number of lost-time claims per 100,000 workers.1991-2008: Based on data through 12/31/2008, developed to ultimateBased on the states where NCCI provides ratemaking services including state funds; Excludes the effects of deductible policies

Page 41: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

41

Frequency: 1926–2009A Long-Term Drift Downward

Note: Recessions indicated by gray bars.Sources: NCCI from US Bureau of Labor Statistics; National Bureau of Economic Research.

Manufacturing – Total Recordable CasesRate of Injury and Illness Cases per 100 Full-Time Workers

Page 42: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

42

Note: Recessions indicated by gray bars.Sources: NCC, US Bureau of Labor Statistics;

Workplace Injury Incidence Rates Declined in Last Four Economic Downturns

Page 43: Ohio Competitive Workers Compensation Task Force Meeting Ohio Bureau of Workers Compensation Columbus, OH August 19, 2010 Robert P. Hartwig, Ph.D., CPCU,

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