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PATRIOT LIFE INSURANCE COMPANY

 

REPORT OF EXAMINATION

AS OF

DECEMBER 31, 2006

 

 

STATE OF MAINE

BUREAU OF INSURANCE

IT IS HEREBY CERTIFIED THAT THE ANNEXED REPORT OF EXAMINATION FOR

Patriot Life Insurance Company

has been compared with the original on file in this bureau and that it is a correct transcript thereof and of the whole of said original.

IN WITNESS WHEREOF,

I have hereunto set my hand and affixed the official seal of this Office at the City of Augusta this

____ day of January, 2008

 

________________________
Eric A. Cioppa
Acting Superintendent
Bureau of Insurance

 

I hereby certify that the attached report of examination dated July 9, 2007 shows the condition and financial affairs of

PATRIOT LIFE INSURANCE COMPANY

located in Brunswick, Maine as of December 31, 2006 and has been filed in the Bureau of Insurance as a public document.

This report has been reviewed.

_________________________
Stuart E. Turney, CPA
Director of Financial Affairs and Solvency

 

Dated this 16 day of January, 2008

 

TABLE OF CONTENTS

DESCRIPTION OF COMPANY

SCOPE OF EXAMINATION

COMPANY HISTORY

MANAGEMENT AND CONTROL

CORPORATE RECORDS

FIDELITY BOND AND OTHER INSURANCE

OFFICERS', EMPLOYEES' AND AGENTS' WELFARE AND PENSION PLANS

TERRITORY AND PLAN OF OPERATION

GROWTH OF COMPANY

BUSINESS IN FORCE BY STATES

MORTALITY AND LOSS EXPERIENCE

REINSURANCE

ACCOUNTS AND RECORDS

FINANCIAL STATEMENTS

NOTES TO FINANCIAL STATEMENTS

COMMENTS AND RECOMMENDATIONS

 

July 9, 2007

Honorable Eric A. Cioppa
Acting Superintendent
Bureau of Insurance
34 State House Station
Augusta, ME 04333-0034

Dear Sir:

Pursuant to your instructions and in accordance with the provision of 24-A M.R.S.A. § 221, the Maine Bureau of Insurance (hereinafter, "Bureau") conducted an examination of the condition and financial affairs of

PATRIOT LIFE INSURANCE COMPANY

(hereinafter, "Company"), as of December 31, 2006.

The examination, performed at the Company's home office in Brunswick, Maine, was made in accordance with the standards and procedures established by the Bureau and the National Association of Insurance Commissioners (hereinafter, "NAIC") and accordingly, included tests of the accounting records and other procedures considered necessary under the circumstances.

The accompanying financial statements have been prepared in accordance with statutory accounting practices prescribed or permitted by the NAIC and the Bureau. These practices differ in certain respects from generally accepted accounting principles (hereinafter, "GAAP").

For purposes of this report, comments on various items may be limited to matters involving departure from laws, rules or regulations, a significant change in the amount of the item, or where an explanation, comment and/or recommendation is warranted.

The following report is respectfully submitted.

DESCRIPTION OF COMPANY

The Company is a wholly owned subsidiary of Patriot Insurance Company, (hereinafter, "Parent"). The Parent provides administrative and management services for the Company for an agreed upon fee.

In accordance with the provisions of its charter and the laws of the State of Maine, the Company is authorized to write life and health insurance in the State of Maine, but is currently not writing new business.

The Company was last examined as of December 31, 2003 by the Bureau.

SCOPE OF EXAMINATION

The Bureau conducted a routine statutory examination of the Company covering the period of January 1, 2004 to December 31, 2006. A full scope examination was performed using the specific risk analysis approach. The examination was performed concurrently with a financial examination of its Parent. The following matters were reviewed to assess their impact on financial condition and conformity with related laws.

Company History

The Company was incorporated on September 21, 1995 in the State of Maine and commenced operations on October 1, 1995. The Company assumed the insurance assets, related liabilities, duties and responsibilities of Maine National Life Insurance Company. The officers and directors of Maine National Life, with the consent of the State of Maine Superintendent of Insurance, then voluntarily liquidated Maine National Life. Patriot Mutual Insurance Company owned all outstanding common stock of Maine National Life and owns all outstanding stock of the Company.

On July 1, 2007, the Company's Parent was acquired by and became a wholly owned subsidiary of Frankenmuth Mutual Insurance Company. The Company remains a wholly owned subsidiary of Patriot Insurance Company, with Frankenmuth Mutual Insurance Company the ultimate Parent.

Management and Control

Management of the Company is vested in no less than seven (7) and no more than fifteen (15) members of the Board of Directors. The Board of Directors and the Officers serving as of December 31, 2006 were as follows:

Directors

Robert Payne Clark Kathleen Ann Case
Dana Frank Connors Peter Grant Hunt
Richard Louis Pattenaude, Ph.D. David Lee Reinke
Gregory St. Angelo, Jr.  

Officers

Lincoln Jerry Merrill, Jr. President
Richard Louis Pattenaude, Ph.D. Secretary
Donald Wilfred Sirois Treasurer

Each Director and Officer of the Company is required to complete a conflict of interest statement annually to disclose any material interest or affiliation which is likely to be in conflict with his/her official duties and responsibilities to the Company.

Corporate Records

The Company’s Articles of Incorporation, Bylaws, and Minutes of the Board of Directors’ meetings held during the period of examination were reviewed.

Fidelity Bond and Other Insurance

The Company is protected as a named insured under Employee Dishonesty Coverage issued by an insurance carrier authorized in the state of Maine and affords indemnification to an amount not exceeding $100,000.

Officers', Employees' and Agents' Welfare and Pension Plans

The Company does not have any employees, and is managed by its Parent through a management services agreement. Company Officers are officers of the Parent. The Company does not provide any welfare or pension benefits.

Territory and Plan of Operation

The Company operates as a stock life, accident and health insurance company pursuant to 24-A M.R.S.A. The Company has written various types of individual life insurance policies within the State of Maine, but is not currently writing new business.

All operations are administered by the Company's Parent in accordance with a written management agreement. Charges for services are allocated to the Company monthly, and the net due to or from the Parent is reconciled monthly.

Growth of Company

The Company has not written any new business over the past 6 years and is currently in run-off.

Business In Force by States

The Company had 105 life insurance policies in force at 12/31/06, with an aggregate benefit amount of $270,075. All policies were written in the state of Maine.

Mortality and Loss Experience

The Company's aggregate reserves are determined by an outside actuary each year. The death benefits paid were between $5,000 and $16,000 for each year under examination.

Reinsurance

As of December 31, 2002, the Company discontinued its reinsurance activities and is not a party to any reinsurance agreement.

Accounts and Records

Accounts and records were reviewed and tested in order to assess their impact on the Company's financial condition and conformity with related laws.

FINANCIAL STATEMENTS

The accompanying financial statements present fairly, in all material respects, the Company's statutory financial position as of December 31, 2006, statutory results of operations for the period then ended and statutory capital and surplus since the last examination. The financial statements as of December 31, 2005 and December 31, 2004 are unexamined and are presented for comparative purposes only.

STATUTORY STATEMENTS OF ADMITTED ASSETS, LIABILITIES AND SURPLUS

December 31, 2006, 2005 and 2004

  2006 2005
(unexamined)
2004
(unexamined)
Admitted Assets:      
Bonds (Note 1) $ 4,279,160 $ 4,445,264 $ 5,406,673
Common Stocks (Note 2) 2,263,226 2,085,120 723,578
Cash and short-term investments (Note 3) 357,370 161,642 431,055
Contract loans 14,814 12,300 12,258
Investment income due and accrued 36,590 33,531 37,499
Deferred premiums booked but not yet due 426 498 682
Federal income tax recoverable - 76 -
Net deferred tax asset (Note 4) 6,300 3,400 5,400
Aggregate write-ins for other than invested assets 130 54 -
Total Admitted Assets $ 6,958,016 $ 6,741,885 $ 6,617,145
       
Liabilities and Surplus:      
Aggregate reserves for life contracts (Note 5) $ 166,412 $ 167,328 $ 175,047
Interest maintenance reserve 122,055 128,090 142,053
General expenses due or accrued 29,633 22,076 29,533
Taxes, Licenses and fees due or accrued 42 49 72
Asset Valuation Reserve (Note 4) 427,814 206,820 62,364
Payable to Parent 52,432 112,590 90,791
Total Liabilities $ 798,388 $ 636,953 $ 499,860
       
Common stock, $10 stated value, 250,000 shares authorized, issued and outstanding $ 2,500,000 $ 2,500,000 $ 2,500,000
Paid-In-Capital 2,722,461 2,722,461 2,722,461
Unassigned funds (surplus) 937,167 882,471 894,824
Total Surplus $ 6,159,628 $ 6,104,932 $ 6,117,285
       
Total Liabilities and Surplus $ 6,958,016 $ 6,741,885 $ 6,617,145

STATUTORY STATEMENT OF OPERATIONS

Years Ended December 31, 2006, 2005 and 2004

 

  2006 2005
(unexamined)
2004
(unexamined)
Revenue:      
Premiums for life $ 2,125 $ 2,429 $ 3,306
Net investment income 185,963 187,864 192,570
Amortization of interest maintenance reserve 6,035 7,547 8,014
Total revenue $ 194,123 $ 197,840 $ 203,890
       
Expenses:      
Death benefits $ 5,600 $ 13,000 $ 15,880
Surrender benefits and withdrawals - 3,866 -
Change in aggregate reserves (916) (7,719) (31,810)
General insurance expenses and taxes 103,036 103,414 92,338
Total expenses $ 107,720 $ 112,561 $ 76,408
       
Net gain from operations before taxes and capital gain $ 86,403 $ 85,279 $ 127,482
       
Federal income tax benefit (expense) $ 23,754 $ (22,705) $ (11,941)
Realized capital gains (losses) 17,119 36,634 (2,047)
Net Income $ 127,276 $ 99,208 $ 113,494

STATUTORY STATEMENT OF CAPITAL AND SURPLUS

Years Ended December 31, 2006, 2005 and 2004

  2006 2005
(unexamined)
2004
(unexamined)
Capital and Surplus, Beginning of Year $ 6,104,932 $ 6,117,285 $ 6,010,431
       
Net income 127,276 99,208 113,494
Change in unrealized capital gains 145,514 35,273 56,486
Change in net deferred income tax (30,353) 2,588 2,967
Change in non-admitted assets 33,253 (4,966) (3,729)
Change in asset valuation reserve (220,994) (144,455) (62,364)
Change in surplus as regards to policyholders $ 54,696 $ (12,352) $ 106,854
       
Capital and Surplus, End of Year $ 6,159,628 $ 6,104,933 $ 6,117,285

 

NOTES TO FINANCIAL STATEMENTS

 

Note 1 – Bonds $ 4,279,160

  Cost Par Value Market Value Amortized or
Stated Value
         
U.S. Government $ 4,310,319 $ 4,245,000 $ 4,201,410 $ 4,279,160

 

Existence and ownership of bonds was confirmed with investment custodians. Because the amortizable value over the terms of bonds is immaterial, amortization was reviewed for reasonableness. Analytical procedures were performed on investments in bonds.

Note 2 – Common Stocks $ 2,263,226

 

  Cost Market Value
     
Industrial & Misc. $ 2,025,952 $ 2,263,226

 

Existence and ownership of common stocks was confirmed with outside custodians. Analytical procedures were performed on investments in common stock. At December 31, 2006, the Company had 33% of its total assets, and 37% of its surplus invested in common stocks, which is in non-compliance with 24-A M.R.S.A. Chapter 13, §1156 which limits the investment in common stocks to 20% of total assets. The Company is also not in compliance with its own Investment Policy which limits investments in common stocks to 20% of surplus. (See Comment and Recommendation #1)

Note 3 - Cash and Short-term Investments $ 357,370

 

Short-term investments are primarily money market funds.

Note 4 - Net Deferred Tax Asset
Asset Valuation Reserve
$ 6,300
$ 427,814

 

The Company is taxed at regular corporate tax rates on taxable income, as defined by the Internal Revenue Code, and files a combined income tax return with its Parent. There is a written tax allocation agreement in place between the Company and its Parent. The Financial Statements in this report have not been adjusted from the Annual Statement filed with the Bureau. The audited Financial Statements prepared by an outside CPA firm differ from the Annual Statement and the Examination Report Financial Statements because the audited statements include a reclassification of liabilities from the AVR, which was determined to be overstated, to the deferred tax liability. That adjustment to the Financial Statements was not made in this report because there was no affect on surplus, and the amount of the adjustment was immaterial. (See Comment and Recommendation #2)

Note 5 - Aggregate Reserves for Life Contracts $ 166,412

 

Estimated aggregate reserves are prepared for the Company by contracted actuaries. The Company had 105 life insurance policies in force at December 31, 2006 with an aggregate benefit amount of $270,075; as a result, actuarial assistance was not considered necessary.

COMMENTS AND RECOMMENDATIONS

  1. Comment:

    The Company is not in compliance with 24-A M.R.S.A. §1156, which limits investments in common stocks to 20% of total admitted assets. Common stock investments of the Company represent 33% of total admitted assets at December 31, 2006.

    The Company is also not in compliance with its investment policy which limits investments in common stock to 20% of Statutory Surplus. Common stock investments represent 37% of Statutory Surplus at December 31, 2006.

    The investment issues noted above appear to have resulted from a strategic initiative by senior management and the Board of Directors to manage investment assets on an aggregated basis with the Parent which resulted in an over-allocation of common stock to the Company.

    Recommendation:

    The Company should comply with 24-A M.R.S.A. §1156 as well as the Company's investment policy and communicate the investment policy to all parties involved in the management of the investment portfolio. All stock investments were sold during 2007.

  2. Comment:

    The asset valuation reserve (AVR) amount incorrectly excluded deferred taxes. The exclusion of deferred taxes results in the AVR being overstated by $80,621 and deferred tax liability understated by the same amount. Netting deferred tax assets and liability results in a $74,321 net deferred tax liability and eliminates the $6,300 net deferred tax asset.

    The Company's Audited Statutory Financial Statements were adjusted to reflect these changes. However, no examination adjustments were made as the amounts are not considered to be material or misleading.

    Recommendation:

    The Company should ensure the asset valuation reserve (AVR) is calculated and reported correctly.

 

STATE OF MAINE


COUNTY OF KENNEBEC, SS

Michael R. Nadeau, CPA, CFE, CISA, AES, being duly sworn according to law, deposes and says that in accordance with the authority vested in him by Eric A. Cioppa, Acting Superintendent of Insurance, pursuant to the Insurance Laws of the State of Maine, has made an examination of the condition and financial affairs of

PATRIOT LIFE INSURANCE COMPANY

of Brunswick, Maine as of December 31, 2006, and that the foregoing report of examination, subscribed to by him, is true to the best of his knowledge and belief. The following examiners from the Bureau of Insurance assisted:

Margaret S. Boghosian, CPA, CFE
Analisa M. Gallant

Respectfully submitted,

___________________________________
Michael R. Nadeau, CPA, CFE, CISA, AES
Examiner-In-Charge

 

Subscribed and sworn to before me
this 17 day of January, 2008

Patricia A. Galouch
_______________________________
Notary Public
My commission expires: March 2, 2014

 

Last Updated: October 1, 2008