• Filing Date: 2019-03-08
  • Form Type: 10-K
  • Description: Annual report
v3.10.0.1
Regulatory Requirements and Restrictions
12 Months Ended
Dec. 31, 2018
Text Block [Abstract]  
Regulatory Requirements and Restrictions
Note 25 — Regulatory Requirements and Restrictions
The Company has no restrictions on the payment of dividends to its shareholders except those restrictions imposed by the Florida Business Corporation Act and those restrictions imposed by insurance statutes and regulations applicable to the Company’s insurance subsidiaries. As of December 2018, without prior regulatory approval, $90,561 of the Company’s consolidated retained earnings was free from restriction under the insurance statutes and regulations and available for the payment of dividends in 2019. The following briefly describes certain related and other requirements and restrictions imposed by the states or jurisdiction in which the Company’s insurance subsidiaries are incorporated.
Florida
HCPCI and TypTap, which are domiciled in Florida, prepare their statutory financial statements in accordance with accounting principles and practices prescribed or permitted by the Florida Department of Financial Services, Office of Insurance Regulation, which Florida utilizes for determining solvency under the Florida Insurance Code (the “Code”). The commissioner of the FLOIR has the right to permit other practices that may deviate from prescribed practices. Prescribed statutory accounting practices are those practices that are incorporated directly or by reference in state laws, regulations, and general administrative rules applicable to all insurance enterprises domiciled in Florida. Permitted statutory accounting practices encompass all accounting practices that are not prescribed; such practices differ from state to state, may differ from entity to entity within a state, and may change in the future.
The Code requires HCPCI to maintain capital and surplus equal to the greater of 10% of their respective liabilities or a statutory minimum as defined in the Code. TypTap, the Company’s insurance subsidiary organized in 2015, is subject to a consent order that requires TypTap to maintain minimum capital and surplus of $20,000 during each of the three years ending December 31, 2016, 2017, and 2018. At December 31, 2018, HCPCI was required to maintain minimum capital and surplus of $21,700. At December 31, 2017, HCPCI was required to maintain minimum capital and surplus of $25,900. HCPCI and TypTap were in compliance with these requirements at December 31, 2018 and 2017.
U.S. GAAP differs in certain respects from the accounting practices prescribed or permitted by insurance regulatory authorities (statutory-basis). These entities’ statutory-basis financial statements are presented on the basis of accounting practices prescribed or permitted by the FLOIR. The FLOIR has adopted the National Association of Insurance Commissioner’s (“NAIC”) 
Accounting Practices and Procedures Manual
 as the basis of its statutory accounting practices. At December 31, 2018, 2017 and 2016, HCPCI’s statutory-basis capital and surplus was approximately $149,000, $153,000 and $183,000, respectively. For the year ended December 31, 2018, HCPCI had a statutory-basis net income of approximately $20,700. For the year ended December 31, 2017, HCPCI had a statutory-basis net loss of approximately $10,500 as compared with a statutory-basis net income of approximately $5,900 for the year ended December 31, 2016. At December 31, 2018, 2017 and 2016, TypTap’s statutory-basis capital and surplus was approximately $26,000, $24,000 and $25,000, respectively. For the year ended December 31, 2018, TypTap had a statutory-basis net income of approximately $2,034 in contrast to statutory-basis net losses of approximately $797 and $364 for the years ended December 31, 2017 and 2016, respectively. Statutory-basis surplus differs from stockholders’ equity reported in accordance with U.S. GAAP primarily because policy acquisition costs are expensed when incurred. In addition, the recognition of deferred tax assets is based on different recoverability assumptions.
Since inception, HCPCI and TypTap have each maintained a cash deposit with the Insurance Commissioner of the state of Florida in the amount of $300 to meet regulatory requirements.
Under Florida law, a domestic insurer may not pay any dividend or distribute cash or other property to its stockholders except out of that part of its available and accumulated capital and surplus funds which is derived from realized net operating profits on its business and net realized capital gains. A Florida domestic insurer may not make dividend payments or distributions to stockholders without prior approval of the FLOIR if the dividend or distribution would exceed the larger of (1) the lesser of (a) 10.0% of its capital surplus or (b) net income, not including realized capital gains, plus a two year carry forward, (2) 10.0% of capital surplus with dividends payable constrained to unassigned funds minus 25% of unrealized capital gains or (3) the lesser of (a) 10.0% of capital surplus or (b) net investment income plus a three year carry forward with dividends payable constrained to unassigned funds minus 25% of unrealized capital gains.
Alternatively, a Florida domestic insurer may pay a dividend or distribution without the prior written approval of the FLOIR if (1) the dividend is equal to or less than the greater of (a) 10.0% of the insurer’s capital surplus as regards to policyholders derived from realized net operating profits on its business and net realized capital gains or (b) the insurer’s entire net operating profits and realized net capital gains derived during the immediately preceding calendar year, (2) the insurer will have policy holder capital surplus equal to or exceeding 115.0% of the minimum required statutory capital surplus after the dividend or distribution, (3) the insurer files a notice of the dividend or distribution with the FLOIR at least ten business days prior to the dividend payment or distribution and (4) the notice includes a certification by an officer of the insurer attesting that, after the payment of the dividend or distribution, the insurer will have at least 115% of required statutory capital surplus as to policyholders. Except as provided above, a Florida domiciled insurer may only pay a dividend or make a distribution (1) subject to prior approval by the FLOIR or (2) 30 days after the FLOIR has received notice of such dividend or distribution and has not disapproved it within such time.
As a result, HCPCI was qualified to make dividend payments at December 31, 2018, 2017 and 2016.
In addition, Florida property and casualty insurance companies are required to adhere to prescribed 
premium-to-capital
 surplus ratios. Florida state law requires that the ratio of 90% of written premiums divided by surplus as to policyholders does not exceed 10 to 1 for gross written premiums or 4 to 1 for net written premiums. The required ratio of gross and net written premium to surplus, which the Company’s
insurance
companies had exceeded, is summarized below:
 
 
 
Years Ended December 31,
 
 
 
2018
 
 
2017
 
 
2016
 
HCPCI:
 
 
 
 
 
 
 
 
 
 
 
 
Gross
 
 
2.17 to 1
 
 
 
2.01 to 1
 
 
 
1.81 to 1
 
Net
 
 
1.27 to 1
 
 
 
1.11 to 1
 
 
 
1.07 to 1
 
TypTap:
 
 
 
 
 
 
 
 
 
 
 
 
Gross
 
 
0.57 to 1
 
 
 
0.33 to 1
 
 
 
0.09 to 1
 
Net
 
 
0.38 to 1
 
 
 
0.27 to 1
 
 
 
0.07 to 1
 
Bermuda
The Bermuda Monetary Authority requires Claddaugh Casualty Insurance Company, Ltd. (“Claddaugh”), the Company’s Bermuda domiciled reinsurance subsidiary, to maintain minimum capital and surplus of $2,000. At December 31, 2018 and 2017, Claddaugh’s statutory capital and surplus was approximately $45,000 and $63,000, respectively. For the years ended December 31, 2018 and 2017, Claddaugh reported statutory net losses of approximately $8,100 and $5,200, respectively, in contrast with a statutory net profit of approximately $13,200 for the year ended December 31, 2016. During 2018, Claddaugh made a return of capital distribution of $
10,000
to the Company. During 2017, Claddaugh made a dividend payment of $20,000 to the Company. There were no cash dividends paid by Claddaugh during 2016.
 
HCPCI and TypTap are subject to risk-based capital (“RBC”) requirements as specified by the NAIC. Under those requirements, the amount of minimum capital and surplus maintained by a property and casualty insurance company is to be determined based on the various risks related to it. Pursuant to the RBC requirements, insurers having less statutory capital than required by the RBC calculation will be subject to varying degrees of regulatory action, depending on the level of capital inadequacy. At December 31, 2018 and 2017, the Company’s insurance subsidiaries individually exceeded any applicable minimum risk-based capital requirements and no corrective actions have been required. As of December 31, 2018, the combined statutory capital and surplus and minimum capital and surplus of the Company’s U.S. insurance subsidiaries were approximately $175,077 and $41,700, respectively.
At December 31, 2018 and 2017, restricted net assets represented by the Company’s insurance subsidiaries amounted to $181,571 and $180,286, respectively.