NYSDFS Property Insurance Companies Exam Report - Fire Districts Of New .

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REPORT ON EXAMINATIONOFFIRE DISTRICTS OF NEW YORK MUTUAL INSURANCE COMPANY, INC.AS OFDECEMBER 31, 2018DATE OF REPORTOCTOBER 25, 2019EXAMINERJUSTIN MATHEW

TABLE OF CONTENTSITEMPAGE NO.1.Scope of examination22.Description of Company3A.B.C.D.E.366783.Corporate governanceTerritory and plan of operationReinsuranceAffiliated groupSignificant ratiosFinancial statements10A. Balance sheetB. Statement of incomeC. Capital and surplus account1012134.Losses and loss adjustment expenses135.Compliance with prior report on examination146.Summary of comments and recommendations16

KATHY HOCHULGovernorADRIENNE A. HARRISActing SuperintendentSeptember 29, 2021Honorable Adrienne A. HarrisActing SuperintendentNew York State Department of Financial ServicesAlbany, New York 12257Madam:Pursuant to the requirements of the New York Insurance Law, and in compliance with the instructionscontained in Appointment Number 31877 dated March 21, 2019, attached hereto, I have made anexamination into the condition and affairs of Fire Districts of New York Mutual Insurance Company, Inc.,as of December 31, 2018, and submit the following report thereon.Wherever the designation “the Company” or “FDM” appears herein without qualification, it should beunderstood to indicate Fire Districts of New York Mutual Insurance Company, Inc.Wherever the term “Department” appears herein without qualification, it should be understood to mean theNew York State Department of Financial Services.The examination was conducted at the Company’s home office located at 1 Blue Hill Plaza, Pearl River,NY 10965-3104.One State Street, New York, NY 10004-1511 (212) 480-6400 www.dfs.ny.go

21.SCOPE OF EXAMINATIONThe Department has performed a group examination of Fire Districts of New York Mutual InsuranceCompany, Inc., a single-state insurer. The previous examination was conducted as of December 31, 2014.This examination covered the four-year period from January 1, 2015 through December 31, 2018. Theexamination of the Company was performed concurrently with the examinations of the following insurers:Fire Districts Insurance Company (“FDI”) and FDM Preferred Insurance Company, Inc. (“FPI”).Collectively, the three insurers are referred to as Fire Districts Group (“FDG”). Transactions occurringsubsequent to this period were reviewed where deemed appropriate by the examiner.This examination was conducted in accordance with the National Association of InsuranceCommissioners (“NAIC”) Financial Condition Examiners Handbook, which requires that we plan andperform the examination to evaluate the financial condition and identify current and prospective risks ofthe Company by obtaining information about the Company including corporate governance, identifying andassessing inherent risks within the Company, and evaluating system controls and procedures used tomitigate those risks. This examination also includes assessing the principles used and significant estimatesmade by management, as well as evaluating the overall financial statement presentation, and evaluatingmanagement’s compliance with New York laws, statutory accounting principles and annual statementinstructions.This examination report includes, but is not limited to, the following:Company historyManagement and controlTerritory and plan of operationReinsuranceAffiliated groupFinancial statement presentationLoss review and analysisSummary of recommendationsA review was also made to ascertain what action was taken by the Company with regard to therecommendations contained in the prior report on examination.This report on examination is confined to financial statements and comments on those matters thatinvolve departures from laws, regulations or rules, or that are deemed to require explanation or description.

32.DESCRIPTION OF COMPANYFDM was incorporated under the laws of the State of New York on November 2, 1977. It becamelicensed on November 28, 1978 and commenced business on December 20, 1978. Business originated withthe joining of various fire districts within New York State to form a mutual insurance company to providevolunteer firefighters with the benefits afforded under workers’ compensation and employers’ liabilityinsurance, including insurances provided under the Volunteer Firefighters’ Benefit Law (“VFBL”).The Company was granted tax-exempt status by the Internal Revenue Service on September 23,1981, pursuant to Section 115(1) of the Internal Revenue Code, and by the New York State Department ofTaxation and Finance on April 30, 1980, pursuant to Article 33 of Section 1512(a)(1) of the New York StateTax Law. All premiums paid to the Company are derived from tax dollars allocated to the fire districts.The New York Compensation Insurance Rating Board sets the loss costs component of rates usedby workers’ compensation writers. In an effort to achieve more appropriate pricing for its insureds, onDecember 21, 2007, the Company formed two wholly-owned stock subsidiaries: FPI and FDI. Bothsubsidiaries were licensed on March 16, 2009 and commenced business that same day. The Companydesigned a three-tier pricing format: FDM writes standard risks, FPI writes preferred risks at discountedrates and FDI writes substandard risks at surcharged rates.A.Corporate GovernancePursuant to the Company’s charter and by-laws, management of the Company is vested in a boardof directors consisting of twelve members, and in no case, shall there be less than nine members. The boardmeets four times during each calendar year. As of December 31, 2018, the board of directors was comprisedof the following twelve members:Name and ResidencePrincipal Business AffiliationCraig P. DeBaunOceanside, NYAdministrator for Lifeguard Certification,Nassau County, NYRoberta G. DoremusTallman, NYRetiredJohn J. EganSelden, NYDistrict Manager,Selden Fire Department

4Name and ResidencePrincipal Business AffiliationMichael H. GeoghanBayport, NYPresident,Fire Districts of New York Mutual InsuranceCompany, Inc.President,Walter P. Geoghan Agency, IncDominick D. GreeneNewburgh, NYRetiredThomas E. Herlihy, Jr.Tully, NYSecretary,Fire Districts of New York Mutual InsuranceCompany, Inc.John LoScalzoHuntington, NYRetiredFrank A. NocerinoNorth Massapequa, NYRetiredLawrence A. PierceMendon, NYVice President,Fire Districts of New York Mutual InsuranceCompany, Inc.Randall J. RiderTonawanda, NYRetiredWilliam L. Van GorderJohnston, NYInsurance Account Agent,Mang Insurance Agency LLCMichael L. WhiteClay, NYTreasurer,Fire Districts of New York Mutual InsuranceCompany, Inc.Marketing Agent,McNeil & Company, Inc.Section 1215 of the New York Insurance Law states, in part:“The office of a trustee or director of any domestic mutual insurer shallimmediately become vacant whenever he fails to attend at least one regularmeeting of the board of trustees or directors in any period of eighteenconsecutive months, or unless excused by the board, which action shall beentered on the minutes ”

5Subsequent to the July 21, 2017 Board of Directors meeting, Mr. Frank Nocerino did not attend anyboard of directors’ meetings, nor was he excused from attending by the board. On April 25, 2018, DirectorLarry Pierce was elected Vice President of the Company to replace Mr. Nocerino. Mr. Nocerino remaineda board member. Subsequent to the examination period, effective June 25, 2019, President MichaelGeoghan removed Mr. Nocerino as director to comply with Section 1215 of the New York Insurance Law.The Company has not appointed a new director since Mr. Nocerino’s removal.Section 312(b) of the New York Insurance Law states, in part:“A copy of the report shall be furnished by such insurer or other person to eachmember of its board of directors and each such member shall sign a statementwhich shall be retained in the insurer’s files confirming that such member hasreceived and read such report ”The examiner requested each board members’ signed statement which indicated that he has receivedand read the report on examination as of December 31, 2014. The Company failed to provide the examinerall board members’ statements regarding the prior report on examination. It is recommended that theCompany comply with the provisions of Section 312(b) of the New York Insurance Law and ensure that acopy of the report on examination is furnished to each board member and that the requisite board memberstatement is available for review.As of December 31, 2018, the principal officers of the Company were as follows:NameTitleMichael H. GeoghanLawrence A. PierceThomas E. Herlihy, Jr.Michael L. WhiteMatthew P. VehliesPresidentVice PresidentSecretaryTreasurerExecutive Vice President &Chief Operating OfficerConflict of Interest StatementsThe Company was unable to provide all Code of Business Conduct and Ethics Disclosure statementssigned by directors, officers and key employees for the examination period. It is recommended that theCompany require all of its directors, officers and key employees to complete a Code of Business Conductand Ethics Disclosure statement on an annual basis and ensure that all questionnaires are completedaccurately, signed, maintained and available for review.

6B.Territory and Plan of OperationAs of December 31, 2018, the Company was licensed to write business in New York only. Thelicense covers workers’ compensation and employers’ liability insurance as defined in paragraph 15 ofSection 1113(a) of the New York Insurance Law. This includes volunteer firefighters’ benefit insurance(“VFBI”) provided pursuant to the VFBL and volunteer ambulance workers’ benefit insurance providedpursuant to the Volunteer Ambulance Workers’ Benefit Law. The Company provides VFBI to volunteerfirefighters of fire companies, departments, or districts and provides associated workers’ compensationcoverage to the paid employees of these organizations. In 2009, the Company ceased writing insurance forvolunteer ambulance corporations.Based upon the line of business for which the Company is licensed and pursuant to the requirementsof Articles 13 and 41 of the New York Insurance Law, the Company is required to maintain a minimumsurplus to policyholders in the amount of 300,000.The following schedule shows the direct and assumed premiums written by the Company for theperiod under examination:Calendar YearDirect PremiumsAssumed PremiumsTotal Gross Premiums2015201620172018 10,507,401 11,988,481 11,026,962 9,964,344 11,168,470 10,988,483 10,109,372 9,289,480 21,675,871 22,976,964 21,136,334 19,253,824Effective April 1, 2009, the Company entered into an intercompany pooling agreement with itssubsidiaries. The three companies agreed to pool all insurance risks and to participate by means ofintercompany reinsurances at a fixed percentage basis, with the Company’s lead participation being 75%,and FPI’s and FDI’s participations being 10% and 15%, respectively. The pooling and participation are forpremiums earned and losses incurred on or after April 1, 2009. The agreement was submitted to andapproved by the Department pursuant to the provisions of Section 1505(d) of the New York Insurance Law.C.ReinsuranceThe Company has an excess of loss treaty in place with the following coverage: 19,600,000 inexcess of 400,000. The agreement is comprised of five layers with a different limit within each layer. As

7of December 31, 2018, reinsurance recoverables of approximately 20.2 million and 20 million wereattributable to Swiss Reinsurance America Corporation and Maiden Reinsurance North America, Inc.,respectively. Additionally, the reinsurance recoverables from both of these authorized reinsurers representmore than 25% of the Company’s surplus to policyholders. The Company has a trust agreement withMaiden Re whereby the reinsurer deposits funds into the trust to cover outstanding case reserves, unpaidbalances and IBNR. The trust agreement is for the benefit of all companies in the Fire Districts Group. Asof December 31, 2018, the market value of the trust was 24,341,604.The ceded reinsurance agreement in effect as of the examination date was reviewed and found tocontain the required clauses, including an insolvency clause meeting the requirements of Section 1308 ofthe New York Insurance Law.Examination review found that the Schedule F data reported by the Company in its filed annualstatement accurately reflected its reinsurance transactions. Additionally, management has represented thatthe ceded reinsurance agreement transfers both underwriting and timing risk as set forth in the NAICAccounting Practices and Procedures Manual, Statement of Statutory Accounting Principles (“SSAP”) No.62R. Representations were supported by appropriate risk transfer analyses and an attestation from theCompany's Chief Executive Officer and Chief Financial Officer pursuant to the NAIC Annual StatementInstructions. Additionally, the examination review indicated that the Company was not a party to any finitereinsurance agreements. The reinsurance agreement was accounted for utilizing reinsurance accounting asset forth in SSAP No. 62R.During the examination period, the Company ceded more than 50% of its written premium. TheCompany received approval to do so, pursuant to the provisions of Section 1308(e)(1)(A) of the New YorkInsurance Law.D.Affiliated GroupThe Company wholly owns FDI and FPI. Because the ultimate controlling party of the affiliatedgroup is the Company, an authorized insurer, it is exempt from the requirements of Article 15 of the NewYork Insurance Law and Department Regulation 52. The Company is subject to the requirements of Article16 of the New York Insurance Law; however, it received a waiver for the filing requirements of DepartmentRegulation 53, because all affiliates are insurance companies subject to Articles 3 and 16 of the New YorkInsurance Law.

8The following is an unabridged chart of the affiliated group at December 31, 2018:Fire Districts of New York MutualInsurance Company, Inc.(New York)FDM PreferredInsurance Company, Inc.(New York)Fire Districts InsuranceCompany, Inc.(New York)In addition to the inter-company pooling agreement, the Company was party to the followingagreement with other members of its affiliated group as of December 31, 2018:Service and Cost Allocation AgreementEffective January 30, 2009, the Company entered into a service and cost allocation agreement withFDI and FPI, whereby the Company agrees to provide personnel services, and makes available its property,equipment and facilities. Pursuant to the agreement, FDI and FPI agree to reimburse the Company inaccordance with the requirements of Department Regulation 30. This agreement was filed with theDepartment pursuant to Article 16 of the New York Insurance Law and was non-disapproved.E.Significant RatiosThe Company’s operating ratios, computed as of December 31, 2018, fall within the benchmarkranges set forth in the Insurance Regulatory Information System of the NAIC.Operating RatiosNet premiums written to policyholders’ surplusAdjusted liabilities to liquid assetsTwo-year overall operatingResult28%63%56%

9Underwriting RatiosThe underwriting ratios presented below are on an earned/incurred basis and encompass the fouryear period covered by this examination:AmountRatioLosses and loss adjustment expenses incurredOther underwriting expenses incurredNet underwriting gain emiums earned 58,947,465100.00%The Company’s reported risk-based capital (“RBC”) score was 1,555.7% at December 31, 2018.The RBC score is a measure of the minimum amount of capital appropriate for a reporting entity to supportits overall business operations in consideration of its size and risk profile. There were no financialadjustments that impacted the Company’s RBC score.

103.A.FINANCIAL STATEMENTSBalance SheetThe following shows the assets, liabilities and surplus as regards policyholders as of December 31,2018, as reported by the Company:AssetsAssetsAssets NotAdmitted Net AdmittedAssetsBondsCommon stocksCash, cash equivalents and short-termInvestmentsInvestment income due and accruedUncollected premiums and agents’ balances inthe course of collectionDeferred premiums, agents’ balances andinstallments booked but deferred and not yet dueAmounts recoverable from reinsurersElectronic data processing equipment and softwareFurniture and equipment, including health caredelivery assetsReceivables from parent, subsidiaries and affiliatesClaims escrowOther assetsRent security depositPrepaid expenses 78,090,44017,938,833 otal assets 103,245,753 311,836 15

11Liabilities, Surplus and Other FundsLiabilitiesLosses and loss adjustment expensesReinsurance payable on paid losses and lossadjustment expensesCommissions payable, contingent commissionsand other similar chargesOther expenses (excluding taxes, licenses and fees)Unearned premiumsAdvance premiumCeded reinsurance premiums payable (net ofceding commissions)Payable to parent, subsidiaries and affiliatesWorkers compensation assessmentAbandoned property – claimsFunds due – Swiss ReDirectors severance 49,723,676Total liabilities 367441,94610,28124755,657149,000Surplus and Other FundsSpecial contingent surplusUnassigned funds (surplus)Surplus as regards policyholdersTotal liabilities, surplus and other funds 300,00046,953,99647,253,996 102,933,917

12B.Statement of IncomeNet income for the four-year examination period, as reported by the Company, was 22,218,599 asdetailed below:Underwriting IncomePremiums earnedDeductions:Losses and loss adjustment expenses incurredOther underwriting expenses incurred 58,947,465 35,601,94710,387,583Total underwriting deductions45,989,530Net underwriting gain 12,957,935Investment IncomeNet investment income earnedNet realized capital gain 5,819,0563,440,018Net investment gain9,259,074Other IncomeNet gain from agents’ or premiums balancescharged offTotal other incomeNet income1,5901,590 22,218,599

13C.Capital and SurplusSurplus as regards policyholders increased 26,602,141 during the examination period January 1,2015 through December 31, 2018 as reported by the Company, detailed as follows:Surplus as regards policyholders as reportedby the Company as of December 31, 2014 20,651,855Gains inSurplusLosses inSurplusNet incomeNet unrealized capital gainsChange in non-admitted assets 22,218,5994,018,565364,9770Total gains and losses 26,602,141 0Net increase in surplus26,602,141Surplus as regards policyholders as reportedby the Company as of December 31, 20184. 47,253,996LOSSES AND LOSS ADJUSTMENT EXPENSESThe examination liability for the captioned items of 49,723,676 is the same as reported by theCompany as of December 31, 2018. The examination analysis of the loss and loss adjustment expensereserves was conducted in accordance with generally accepted actuarial principles and statutory accountingprinciples, including SSAP No. 55.

145.COMPLIANCE WITH PRIOR REPORT ON EXAMINATIONThe prior report on examination contained eight recommendation as follows (page number refers tothe prior report):ITEMA.PAGE NO.Corporate Governancei. It was recommended that the board revoke the waivers previously issued,and in the future, as a matter of policy, no longer issue any blanketwaivers of the Company’s entire Code of Business Conduct and Ethics.11The Company has complied with this recommendation.ii. It was recommended that the board take various actions to ensure it hasthe comprehensive knowledge necessary to fully exercise its fiduciaryresponsibilities to the policyholders of the Company, as follows:111) Require an annual full written disclosure of real, apparent orperceived conflicts of interest from all directors, officers, andemployees.2) Review sufficiently waivers to provisions of the Code of BusinessConduct and Ethics.3) If it deems that a conflict of interest exists, the board takes stepsto ensure that the conflict does not adversely affect the position ofthe Company or its policyholders.The Company has not complied with item 1 of this recommendation. Asimilar recommendation is made in this report.It was recommended that the Company terminate the administrativeiii. rights of person(s) who are employee(s) of the McNeil Agency to theCompany’s integrated underwriting, claims, and accounting system.12The Company has complied with this recommendation.It was recommended that the Company comply with Section 2314 of theiv. New York Insurance Law.13The Company has complied with this recommendation.It was recommended that the Company form an Underwriting Committee,v. whose responsibilities would include, at a minimum, the following:13

15ITEM1) Review and approve all proposed carrier changes prior to policyissuance;PAGE NO.2) Approve all renewals prior to issuance, ensuring that each insuredis placed in the proper carrier upon renewal and that underwritingguidelines are properly applied.3) Review and approve new business prior to issuing the policy;4) Review and approve all changes to the Company’s UnderwritingManual;5) Approve all prospective/new agencies, prior to the issuance of thecontract.The Company has complied with this recommendation.It was recommended that the Underwriting Committee include propervi. documentation of the review process in all underwriting files and policyapplications.14The Company has complied with this recommendation.It was recommended that the Company exclude agents, marketingvii. representatives, or employees of any agency that does business with FDG,from the composition of the Underwriting Committee.14The Company has complied with this recommendation.It was recommended that the board of directors exercise its fiduciaryviii. responsibilities to ensure that management is operating in the best interestof the Company and its policyholders.The Company has complied with this recommendation.14

166.SUMMARY OF COMMENTS AND RECOMMENDATIONSITEMA.PAGE NO.Corporate Governancei. It is recommended that the Company comply with the provisions ofSection 312(b) of the New York Insurance Law and ensure that a copy ofthe report on examination is furnished to each board member and that therequisite board member statement is available for review.5ii. It is recommended that the Company require all of its directors, officersand key employees to complete a Code of Business Conduct and EthicsDisclosure statement on an annual basis and ensure that all questionnairesare completed accurately, signed, maintained and available for review.5

Respectfully submitted,/S/Justin MathewSenior Insurance ExaminerSTATE OF NEW YORK))ss:COUNTY OF NEW YORK )Justin Mathew, being duly sworn, deposes and says that the foregoing report, subscribed by him,is true to the best of his knowledge and belief./S/Justin MathewSubscribed and sworn to before methisday of, 2021

NY 10965-3104. One State Street, New York, NY 10004-1511 (212) 480-6400 www.dfs.ny.go . res . 2 . 1. SCOPE OF EXAMINATION . Johnston, NY Insurance Account Agent, Mang Insurance Agency LLC Michael L. White Clay, NY Treasurer, Fire Districts of New York Mutual Insurance Company, Inc. Marketing Agent,

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