Berkshire Hathaway, Liberty Mutual And Asbestos

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Berkshire Hathaway, Liberty Mutual And Asbestos by David Merkel, CFA of The Aleph Blog

Recently, a friend of mine from Canada came to stay with me.  We talked about a wide number of things, but when we talked about investing, I described insurance investing to him, giving my usual explanation on reserving.

Classical life insurance reserves are a science.  Death happens with regularity, it is only a question of when.  Short-tail P&C, health, etc, are almost a science — the claims come quickly, and the reserves get adjusted rapidly.  Long-tail Casualty and Liability is a dark art at best.  Mortgage, financial, and title insurance reserving is not even an art; there is no good theory behind them, as is true of life insurance products with secondary guarantees, particularly those dealing with variable products.

As an example of long-tail P&C, I told my friend about Berkshire Hathaway and asbestos — I mentioned to him how Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B) has become the reinsurer of choice for insurers with uncertain asbestos liabilities.  Buffett has reinsured White Mountains Insurance Group Ltd (NYSE:WTM), American International Group Inc (NYSE:AIG), Cna Financial Corp (NYSE:CNA), Equitas Resources Corp (CVE:EQT) (OTCMKTS:EQTRF). and many others, the most recent being Liberty Mutual, which happened after the talk with my friend.

Here’s a round up of hedge funds’ May returns

InvestTyro Absolute Return Fund was down 1.5% for May. The fund's main contributors in May were Super Micro Computer, which gained 1.6%, Shyft Group, which was up 1%, and GCI Liberty, which gained 1%. Detractors in May include Recro Pharma, which fell 2.6%, index shorts and hedges, which declined 2%, and DXC Technology, which was Read More


This is retroactive reinsurance, where an insurer purchases insurance from a reinsurer to cover business previously written.  This is an uncommon form of insurance, and most commonly used when the amount of claims is very uncertain.

Quoting from the Bloomberg article:

Liberty Mutual Group Inc. issued $750 million of bonds to help finance a payment to a unit of Warren Buffett’s Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B) for covering the insurance company’s liabilities tied to asbestos.

The 4.85 percent, 30-year notes were sold to yield 160 basis points more than similar-maturity Treasuries, according to data compiled by Bloomberg. Standard & Poor’s increased Liberty Mutual’s rating one level to BBB from BBB- after Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B)’s National Indemnity Co. agreed last week to provide as much as $6.5 billion of coverage for the insurance company’s liabilities for asbestos, environmental and workers’ compensation policies.

“This agreement covers Liberty Mutual’s potentially volatile U.S. A&E liabilities and largely mitigates potential risks from future adverse reserve developments,” Tracy Dolin, an S&P analyst, said in a statement.

Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B), which has grown over the last five decades by investing insurance premiums in stocks and takeovers, has assumed billions of dollars in asbestos risk from insurers including American International Group Inc (NYSE:AIG) and Cna Financial Corp (NYSE:CNA).

Liberty Mutual paid Omaha, Nebraska-based National Indemnity about $3 billion for the coverage, according to a July 17 company statement.

This is similar to the other deals, where the premium paid is roughly half the amount of what Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B) could have ot pay out at maximum.  Note that BRK has capped its exposure to the claims.   If asbestos claims against Liberty Mutual exceed $6.5 Billion, Liberty Mutual will have to pay the excess.

I don’t think there is another American insurance company with more asbestos exposure than Berkshire Hathaway.  That’s not necessarily a bad thing, though.  Let me quote from Berkshire Hathaway’s recent 10-K:

We are exposed to environmental, asbestos and other latent injury claims arising from insurance and reinsurance contracts. Liability estimates for environmental and asbestos exposures include case basis reserves and also reflect reserves for legal and other loss adjustment expenses and IBNR [DM: Incurred But Not Reported] reserves. IBNR reserves are based upon our historic general liability exposure base and policy language, previous environmental loss experience and the assessment of current trends of environmental law, environmental cleanup costs, asbestos liability law and judgmental settlements of asbestos liabilities.

The liabilities for environmental, asbestos and other latent injury claims and claims expenses net of reinsurance recoverables were approximately $13.7 billion at December 31, 2013 and $14.0 billion at December 31, 2012. These liabilities included approximately $11.9 billion at December 31, 2013 and $12.4 billion at December 31, 2012 of liabilities assumed under retroactive reinsurance contracts. Liabilities arising from retroactive contracts with exposure to claims of this nature are generally subject to aggregate policy limits. Thus, our exposure to environmental and other latent injury claims under these contracts is, likewise, limited. We monitor evolving case law and its effect on environmental and other latent injury claims. Changing government regulations, newly identified toxins, newly reported claims, new theories of liability, new contract interpretations and other factors could result in significant increases in these liabilities. Such development could be material to our results of operations. We are unable to reliably estimate the amount of additional net loss or the range of net loss that is reasonably possible.

Long tail P&C reserves are roughly 20% of the total gross P&C reserves of Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B), and this deal with Liberty Mutual increases it.  Again, that’s not a bad thing, necessarily.  Given the premium paid, even if Berkshire Hathaway pays out the maximum on average 10 years from now, the deal is a winner if BRK earns more than 8% per year.  If 15 years 5.3%.  If 20 years, 4%.  Given the long period before the ultimate payment of claims, Berkshire Hathaway Inc. can make money in most scenarios.

That said, if anything bad ever did happen to Berkshire Hathaway, such that its solvency was impaired, there would be a lot of insurance companies hurting as a result. Berkshire Hathaway Inc. (NYSE:BRK.A) (NYSE:BRK.B) is critical to the payment of asbestos claims.  There is not a better company to entrust with this task.

Full Disclosure: Long BRK/B for myself and clients — we own the equivalent of one “A” share.

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David J. Merkel, CFA, FSA — 2010-present, I am working on setting up my own equity asset management shop, tentatively called Aleph Investments. It is possible that I might do a joint venture with someone else if we can do more together than separately. From 2008-2010, I was the Chief Economist and Director of Research of Finacorp Securities. I did a many things for Finacorp, mainly research and analysis on a wide variety of fixed income and equity securities, and trading strategies. Until 2007, I was a senior investment analyst at Hovde Capital, responsible for analysis and valuation of investment opportunities for the FIP funds, particularly of companies in the insurance industry. I also managed the internal profit sharing and charitable endowment monies of the firm. From 2003-2007, I was a leading commentator at the investment website RealMoney.com. Back in 2003, after several years of correspondence, James Cramer invited me to write for the site, and I wrote for RealMoney on equity and bond portfolio management, macroeconomics, derivatives, quantitative strategies, insurance issues, corporate governance, etc. My specialty is looking at the interlinkages in the markets in order to understand individual markets better. I no longer contribute to RealMoney; I scaled it back because my work duties have gotten larger, and I began this blog to develop a distinct voice with a wider distribution. After three-plus year of operation, I believe I have achieved that. Prior to joining Hovde in 2003, I managed corporate bonds for Dwight Asset Management. In 1998, I joined the Mount Washington Investment Group as the Mortgage Bond and Asset Liability manager after working with Provident Mutual, AIG and Pacific Standard Life. My background as a life actuary has given me a different perspective on investing. How do you earn money without taking undue risk? How do you convey ideas about investing while showing a proper level of uncertainty on the likelihood of success? How do the various markets fit together, telling us us a broader story than any single piece? These are the themes that I will deal with in this blog. I hold bachelor’s and master’s degrees from Johns Hopkins University. In my spare time, I take care of our eight children with my wonderful wife Ruth.