Protective Life Corporation (NYSE: PL) today reported results
for the fourth quarter of 2009 and for the twelve months ended
December 31, 2009. Highlights include:
- Net income for the fourth
quarter of 2009 was a record $131.0 million, or $1.50 per average
diluted share, compared to a net loss of $15.9 million, or $0.22
per average diluted share, in the fourth quarter of 2008. Operating
income, after tax, for the fourth quarter of 2009 was a record
$132.3 million, or $1.51 per average diluted share, compared to
$56.7 million, or $0.80 per average diluted share, in the fourth
quarter of 2008.
- Net income for the twelve months
ended December 31, 2009 was $271.5 million, or $3.34 per average
diluted share, compared to a net loss of $41.9 million, or $0.59
per average diluted share, for the twelve months ended December 31,
2008. Operating income, after tax, for the twelve months ended
December 31, 2009 was $322.6 million, or $3.97 per average diluted
share, compared to operating income, after tax, of $239.9 million,
or $3.37 per average diluted share, for the twelve months ended
December 31, 2008. The 2009 full year operating income amount was a
record for the Company.
- Fourth quarter results included
a pre-tax gain of approximately $120 million, or $0.89 per average
diluted share, related to the issuance of $800 million aggregate
senior notes and the concurrent re-purchase of $800 million in
non-recourse funding obligations held by third parties, at a
discount. This pre-tax gain amount includes the write-off of
deferred debt issuance costs and the incremental increase in
interest expense during the quarter that resulted from this
transaction.
- Shareowners’ equity ended 2009
at $2.5 billion, representing a 225.7% increase over December 31,
2008. Shareowners’ equity per common share outstanding ended 2009
at $28.96, increasing $18.07 from $10.89 at December 31, 2008.
John D. Johns, Protective’s Chairman, President and Chief
Executive Officer commented:
“In the face of very difficult economic conditions Protective
made solid progress on many fronts in 2009 and finished the year on
a strong and positive note. Operating earnings were at a record
level for the quarter and the year. Shareowners’ equity at the end
of the year reached a record level, and our book value per common
share improved materially from the low level reported in early
2009. In our regulated insurance companies we expect to report a
record level of consolidated statutory capital and surplus and a
risk-based capital ratio at the highest level in our Company’s
history. Our investment portfolio’s performance also trended
positively, as realized losses and impairments moderated and our
commercial real estate portfolio continued to hold up well in a
challenging market environment.
Much progress was also made in our core business lines. Life
Marketing continued to produce excellent mortality results and
ended the year with strong sales momentum in the universal life
product line. Our Annuity segment achieved record pre-tax operating
earnings, solid sales results and continued expansion of our
distribution platforms. The Acquisitions segment once again
produced solid and steady earnings. Asset Protection successfully
navigated through a very tumultuous year in the auto industry by
cutting expenses and growing the distributor base. As we look to
2010, our focus will be on growing core earnings by investing our
substantial excess liquidity, improving margins and returns on our
life insurance products, finding attractive acquisition
opportunities and growing our retail product distribution platforms
in Life Marketing, Annuities and Asset Protection.”
Net income for the fourth quarter of 2009 included:
- Net realized investment losses,
after tax, of $1.9 million, or $0.01 per average diluted share,
compared to net realized investment losses, after tax, of $72.6
million, or $1.02 per average diluted share, in the fourth quarter
of 2008
- Pre-tax credit related
other-than-temporary impairments of $18.3 million, or $0.13 per
average diluted share, are included in the $0.01 per share of net
realized investment losses in the fourth quarter of 2009
Business Segment Results
Fourth Quarter and Full Year
The table below sets forth business segment operating income
(loss) before income tax for the periods shown:
Operating Income (Loss) Before Income Tax ($ in thousands)
4Q09 4Q08 2009
2008 Life Marketing $ 31,593 $ 51,737 $ 137,826 $ 188,535
Acquisitions 32,037 35,368 133,760 136,479 Annuities 19,647 6,175
56,642 18,707 Stable Value Products 10,441 27,866 61,963 89,811
Asset Protection 6,562 6,087 23,229 30,789 Corporate & Other
104,405 (41,747 ) 81,980 (105,986 )
$ 204,685 $ 85,486 $
495,400 $ 358,335
In the Life Marketing and Asset Protection segments, pre-tax
operating income equals segment income before income tax for all
periods. In the Stable Value Products, Annuities, Acquisitions and
Corporate & Other segments, operating income (loss) excludes
realized investment gains (losses), periodic settlements on
derivatives, and related amortization of DAC and VOBA. A
reconciliation of operating income before income tax to income
before income tax is included below:
($ in thousands)
4Q09 4Q08
2009 2008 Operating income before income
tax $ 204,685 $ 85,486 $
495,400 $ 358,335 Realized investment gains
(losses) Stable Value Products 790 (18,667 ) (2,697 ) (6,427 )
Annuities 717 387 (5,288 ) (12,917 ) Acquisitions 6,208 (45,227 )
29,863 (96,781 ) Corporate & Other (13,191 ) (45,695 ) (102,302
) (310,739 ) Less: Periodic settlements on derivatives Corporate
& Other - 1,569 3,401 5,754
Related amortization of deferred
policy acquisition costs, value of businesses acquired
Annuities - 979 1,570 2,072 Acquisitions (3,559 ) (7
) (6,773 ) (1,224 )
Income (loss) before income
tax $ 202,768 $ (26,257
) $ 416,778 $ (75,131
)
Income (loss) before income tax, unlike operating income (loss)
before income tax, does not exclude realized gains (losses), net of
the related amortization of DAC and VOBA, and participating income
from real estate ventures. Income before income tax for the
Acquisitions segment was $41.8 million for the fourth quarter of
2009 compared to a loss before income tax of $9.9 million for the
fourth quarter of 2008. Income before income tax for the Annuities
segment was $20.4 million for the fourth quarter of 2009 compared
to income before income tax of $5.6 million for the fourth quarter
of 2008. Income before income tax for the Stable Value Products
segment was $11.2 million for the fourth quarter of 2009 compared
to $9.2 million for the fourth quarter of 2008. Income before
income tax for the Corporate & Other segment was $91.2 million
for the fourth quarter of 2009 compared to a loss before income tax
of $92.7 million for the fourth quarter of 2008.
Sales
The Company uses sales statistics to measure the relative
progress of its marketing efforts. The Company derives these
statistics from various sales tracking and administrative systems
and not from its financial reporting systems or financial
statements. These statistics measure only one of many factors that
may affect future profitability of the business segments and
therefore, are not intended to be predictive of future
profitability.
The table below sets forth business segment sales for the
periods shown:
($ in millions)
4Q09 4Q08 2009 2008 Life
Marketing $ 44.3 $ 37.9 $ 162.6 $ 157.7 Annuities 522.5 976.1
2,021.5 2,612.6 Stable Value Products - 58.3 - 1,968.8 Asset
Protection 74.2 76.1 305.0 410.6
Review of Business Segment Results for Fourth Quarter
Life Marketing
Life Marketing segment pre-tax operating income was $31.6
million in the fourth quarter of 2009 compared to $51.7 million in
the fourth quarter of 2008. The decrease was primarily due to lower
investment income on the traditional life block, higher funding
costs, higher lapses on term policies leaving the level premium
period and less favorable mortality than in the prior year’s
quarter. Favorable mortality of $6.2 million is included in the
fourth quarter of 2009 results. Included in the fourth quarter of
2008 was $13.7 million of favorable mortality.
Sales were $44.3 million in the fourth quarter of 2009, an
increase of 16.9% compared to $37.9 million in the fourth quarter
of 2008. Universal life insurance sales (including variable
universal life) in the current quarter were $22.3 million compared
to $14.5 million in the fourth quarter of 2008. Term insurance
sales in the current quarter were $22.1 million compared to $22.3
million in the prior year’s quarter.
Acquisitions
Acquisitions segment pre-tax operating income was $32.0 million
in the fourth quarter of 2009 compared to $35.4 million in the
fourth quarter of 2008, primarily due to expected runoff of the
blocks of business.
Annuities
Annuities segment pre-tax operating income was $19.6 million in
the fourth quarter of 2009 compared to $6.2 million in the fourth
quarter of 2008. The current quarter included $5.7 million of
positive fair value changes, representing a positive variance of
$16.1 million compared to the prior year’s quarter. The segment
experienced continued growth in the single premium deferred annuity
and variable annuity lines during the fourth quarter. Annuity
account values reached a record $10.4 billion as of December 31,
2009, an increase of 21.8% over the prior year. Net cash flows for
the segment remained positive during the quarter.
Sales in the fourth quarter of 2009 were $522.5 million compared
to $976.1 million in the fourth quarter of 2008. The decrease was
primarily due to lower fixed annuity sales, partially offset by
record variable annuity sales. Variable annuity sales were $285.5
million in the fourth quarter of 2009, an increase of approximately
155.3%, compared to $111.8 million in the fourth quarter of 2008.
Fixed annuity sales were $237.0 million in the fourth quarter of
2009 compared to $864.3 million in the prior year’s quarter.
Stable Value
Products
Stable Value Products segment pre-tax operating income was $10.4
million in the fourth quarter of 2009 compared to $27.9 million in
the fourth quarter of 2008. The decrease was a result of an
expected decline in average account values and a decline in
operating spreads. Included in operating income during the fourth
quarter of 2008 was $6.4 million of other income resulting from the
early retirement of funding agreements. There were no early funding
agreement retirements in the fourth quarter of 2009. Excluding the
effect of this gain, the spread decreased 36 basis points to 116
basis points for the three months ended December 31, 2009, compared
to the prior year’s quarter. Deposit balances as of December 31,
2009 were $3.6 billion.
There were no sales during the three months ended December 31,
2009 compared to $58.3 million in the previous year’s quarter.
Asset
Protection
Asset Protection segment pre-tax operating income was $6.6
million in the fourth quarter of 2009 compared to $6.1 million in
the fourth quarter of 2008. The current quarter earnings included
$1 million from a litigation settlement.
Sales in the fourth quarter of 2009 were $74.2 million, down
$1.8 million, or 2.4%, compared to the fourth quarter of 2008,
driven by lower sales in credit insurance and the GAP product.
Service contract sales of $57.5 million for the current quarter
improved 7.5% over the fourth quarter of 2008.
Corporate &
Other
This segment consists primarily of net investment income on
capital, interest expense on debt, ancillary run-off lines of
business, and various items not associated with the other segments.
Corporate & Other segment pre-tax operating income was $104.4
million in the fourth quarter of 2009 compared to a $41.7 million
loss in the fourth quarter of 2008. The improvement in the current
quarter was primarily due to a $120.1 million gain generated from
the repurchase, at a discount, of non-recourse funding obligations
owned by third parties and mark-to-market adjustments on a
portfolio of securities designated for trading. The portfolio
designated for trading had a market value of approximately $272.6
million as of December 31, 2009. The mark-to-market on this trading
portfolio positively impacted income by $6.3 million for the three
months ended December 31, 2009, a $40.9 million more favorable
impact than in the prior year’s quarter. Offsetting the items noted
above was lower investment income resulting from reduced yields on
a large balance of cash and short-term investments.
Investments
- Total cash and investments were
$29.3 billion as of December 31, 2009. This includes $1.3 billion
of cash and short-term investments.
- The net unrealized loss position
was $256.7 million, after tax and DAC offsets, an improvement of
$1.3 billion or approximately 83.7%, compared to December 31,
2008.
- During the fourth quarter of
2009, the Company recorded an $18.3 million pre-tax loss on credit
related other-than-temporary impairments.
- Problem loans and foreclosed
properties represented 0.6% of the commercial mortgage loan
portfolio as of December 31, 2009.
Net Realized Investment/Derivative Activity
Three Months
Ended
Twelve Months
Ended
($ per average diluted share)
December 31, 2009
Impairments/Credit related losses $ (0.13 ) $ (1.44 ) Modco net
activity 0.03 0.26 Interest rate related derivatives 0.08 0.39
Credit default swaps 0.01 0.03 All other -
0.13
Total $ (0.01 ) $
(0.63 )
Operating income differs from the GAAP
measure, net income, in that it excludes realized investment gains
(losses) and related amortization. The tables below reconcile
operating income to net income:
Fourth Quarter and Full Year Consolidated Results
4Q09 4Q08
2009 2008 ($ in thousands; net
of income tax)
After-tax Operating Income $ 132,257 $ 56,720
$ 322,592 $ 239,898
Realized investment gains (losses)
and related amortization
Investments (3,938 ) (61,039 ) 81,479 (380,471 ) Derivatives
2,692 (11,594 ) (132,583 ) 98,718
Net Income (loss) $ 131,011
$ (15,913 ) $ 271,488
$ (41,855 ) 4Q09
4Q08 2009 2008 ($ per average diluted share;
net of income tax)
After-tax Operating Income $ 1.51 $ 0.80
$ 3.97 $ 3.37
Realized investment gains (losses)
and related amortization
Investments (0.04 ) (0.87 ) 1.00 (5.35 ) Derivatives 0.03
(0.15 ) (1.63 ) 1.39
Net
Income (loss) $ 1.50 $ (0.22
) $ 3.34 $ (0.59 )
For information relating to non-GAAP measures (operating income,
shareowners’ equity per share excluding other comprehensive income
(loss), operating return on average equity, and net income (loss)
return on average equity) in this press release, please refer to
the disclosure at the end of this press release. All per share
results used throughout this press release are presented on a
diluted basis, unless otherwise noted.
Twelve Months Ended December 31, 2009
2008 Operating Income Return on Average Equity
12.4 % 9.6 % Net Income Return on Average Equity 10.4 % (1.7
%)
Operating income return on average equity and net
income return on average equity are measures used by management
to evaluate the Company’s performance. Operating income return on
average equity for the twelve months ended December 31, 2009 was
calculated by dividing operating income for this period by the
average ending balance of shareowners’ equity (excluding
accumulated other comprehensive income (loss)) for the five most
recent quarters. Net income (loss) return on average equity for the
twelve months ended December 31, 2009, was calculated by dividing
net income (loss) for this period by the average ending balance of
shareowners’ equity (excluding accumulated other comprehensive
income (loss)) for the five most recent quarters.
Reconciliation of Shareowners' Equity, Excluding Accumulated
Other Comprehensive Income (Loss) ($ in thousands)
As of December 31, 2009
2008 Total shareowners' equity $ 2,478,821 $ 761,095
Less: Accumulated other
comprehensive income (loss)
(321,169 ) (1,667,056 )
Total shareowners' equity
excluding accumulated other comprehensive income (loss)
$ 2,799,990 $ 2,428,151
Reconciliation of Shareowners'
Equity per share, Excluding Accumulated Other Comprehensive Income
(Loss) per share
($ per common share
outstanding)
As of December 31, 2009 2008 Total
shareowners' equity $ 28.96 $ 10.89
Less: Accumulated other
comprehensive income (loss)
(3.76 ) (23.85 )
Total shareowners' equity
excluding accumulated other comprehensive income (loss)
$ 32.72 $ 34.74
2010 Guidance
Protective will not provide earnings guidance but will discuss
the outlook for 2010 during its fourth quarter 2009 earnings call
as scheduled below.
Conference Call
There will be a conference call for management to discuss the
quarterly results with analysts and professional investors on
February 11, 2010 at 9:00 a.m. Eastern. Analysts and professional
investors may access this call by dialing 1-866-356-4441
(international callers 1-617-597-5396) and entering the conference
passcode: 35650959. A recording of the call will be available from
12:00 p.m. Eastern February 11, 2010 until midnight February 25,
2010. The recording may be accessed by calling 1-888-286-8010
(international callers 1-617-801-6888) and entering the passcode:
74573763.
The public may access a live webcast of the call, along with a
call presentation, on the Company’s website at
www.protective.com.
A recording of the webcast will also be available from
12:00 p.m. Eastern February 11, 2010 until midnight February
25, 2010.
Supplemental financial information is also available on the
Company’s website at www.protective.com in the Analyst/Investor
section under Financial Information/Quarterly & Other
Reports.
Information Relating to Non-GAAP Measures
Throughout this press release, GAAP refers to accounting
principles generally accepted in the United States of America.
Consolidated and segment operating income (loss) are defined as
income (loss) before income tax excluding net realized investment
gains (losses) net of the related amortization of deferred policy
acquisition costs (“DAC”), and value of businesses acquired
(“VOBA”), and participating income from real estate ventures.
Periodic settlements of derivatives associated with corporate debt
and certain investments and annuity products are included in
realized gains (losses) but are considered part of consolidated and
segment operating income because the derivatives are used to
mitigate risk in items affecting consolidated and segment operating
income (loss). Management believes that consolidated and segment
operating income (loss) provides relevant and useful information to
investors, as it represents the basis on which the performance of
the Company’s business is internally assessed. Although the items
excluded from consolidated and segment operating income (loss) may
be significant components in understanding and assessing the
Company’s overall financial performance, management believes that
consolidated and segment operating income (loss) enhances an
investor’s understanding of the Company’s results of operations by
highlighting the income (loss) usually attributable to the normal,
recurring operations of the Company’s business. As prescribed by
GAAP, certain investments are recorded at their market values with
the resulting unrealized gains (losses) affected by a related
adjustment to DAC and VOBA, net of income tax, reported as a
component of share owners’ equity. The market values of fixed
maturities increase or decrease as interest rates change. The
Company believes that an insurance company’s shareowners’ equity
per share may be difficult to analyze without disclosing the
effects of recording accumulated other comprehensive income (loss),
including unrealized gains (losses) on investments.
Calculation of Operating Income
Return on Average Equity
Twelve Months Ended December
31, 2009
($ in thousands)
Twelve
Three Months Ended
Months Ended NUMERATOR: 3/31/2009
6/30/2009 9/30/2009 12/31/2009
12/31/2009 Net Income $ 22,135 $ 90,757 $
27,585 $ 131,011 $ 271,488 Net of:
Realized investment gains
(losses), net of income tax
Investments (85,585 ) 82,439 87,495 (6,251 ) 78,098 Derivatives
47,675 (72,400 ) (108,339 ) 2,692 (130,372 )
Related amortization of DAC and
VOBA, net of income tax
(51 ) 612 507 2,313 3,381 Add back:
Derivative gains related to Corp.
debt and investments, net of income tax
1,455 756 - -
2,211
Operating Income $ 61,551
$ 80,862 $ 47,922 $ 132,257
$
322,592 Shareowners'
Accumulated Equity Excluding Other
Accumulated Other Shareowners' Comprehensive
Comprehensive DENOMINATOR: Equity Income
(Loss) Income (Loss) December 31, 2008 $ 761,095
$ (1,667,056 ) $ 2,428,151 March 31, 2009 783,178 (1,660,204 )
2,443,382 June 30, 2009 1,628,375 (1,031,719 ) 2,660,094 September
30, 2009 2,302,799 (375,472 ) 2,678,271 December 31, 2009 2,478,821
(321,169 ) 2,799,990 Total $ 13,009,888
Average
$ 2,601,978 Operating
Income Return on Average Equity 12.4 %
Calculation of Net Income
Return on Average Equity
Twelve Months Ended December
31, 2009
($ in thousands)
Twelve
Three Months Ended
Months Ended
NUMERATOR: 3/31/2009 6/30/2009
9/30/2009 12/31/2009 12/31/2009 Net
Income $ 22,135 $ 90,757 $ 27,585 $ 131,011
$
271,488 Shareowners'
Accumulated Equity Excluding Other
Accumulated Other Shareowners' Comprehensive
Comprehensive DENOMINATOR: Equity Income
(Loss) Income (Loss) December 31, 2008 761,095
(1,667,056 ) 2,428,151 March 31, 2009 783,178 (1,660,204 )
2,443,382 June 30, 2009 1,628,375 (1,031,719 ) 2,660,094 September
30, 2009 2,302,799 (375,472 ) 2,678,271 December 31, 2009 2,478,821
(321,169 ) 2,799,990 Total $ 13,009,888
Average
$ 2,601,978 Net
Income Return on Average Equity 10.4 %
Forward-Looking Statements
This release includes “forward-looking statements” which express
expectations of future events and/or results. All statements based
on future expectations rather than on historical facts are
forward-looking statements that involve a number of risks and
uncertainties, and the Company cannot give assurance that such
statements will prove to be correct. The factors which could affect
the Company’s future results include, but are not limited to,
general economic conditions and the following known risks and
uncertainties: the Company is exposed to the risks of natural and
man-made catastrophes, pandemics, malicious and terrorist acts that
could adversely affect the Company’s operations; the Company
operates in a mature, highly competitive industry, which could
limit its ability to gain or maintain its position in the industry
and negatively affect profitability; a ratings downgrade or other
negative action by a ratings organization could adversely affect
the Company; the Company’s policy claims fluctuate from period to
period resulting in earnings volatility; the Company’s results may
be negatively affected should actual experience differ from
management’s assumptions and estimates which by their nature are
imprecise and subject to changes and revision over time; the
Company’s valuation of its investments could be adversely impacted
by results that differ from its expectations or assumptions; the
use of reinsurance, and any change in the magnitude of reinsurance,
introduces variability in the Company’s statements of income; the
Company could be forced to sell investments at a loss to cover
policyholder withdrawals; interest rate fluctuations could
negatively affect the Company’s spread income or otherwise impact
its business, including, but not limited to, the volume of sales,
the profitability of products, investment performance, and asset
liability management; equity market volatility could negatively
impact the Company’s business, particularly with respect to the
Company’s variable products, including an increase in the rate of
amortization of DAC and estimated cost of providing minimum death
benefit and minimum withdrawal benefit guarantees relating to the
variable products; insurance companies are highly regulated and
subject to numerous legal restrictions and regulations, including,
but not limited to, restrictions relating to premium rates, reserve
requirements, marketing practices, advertising, privacy, policy
forms, reinsurance reserve requirements, acquisitions, and capital
adequacy, and the Company cannot predict whether or when regulatory
actions may be taken that could adversely affect the Company or its
operations; changes to tax law or interpretations of existing tax
law could adversely affect the Company, including, but not limited
to, the demand for and profitability of its insurance products and
the Company’s ability to compete with non-insurance products; the
Company may be required to establish a valuation allowance against
its deferred tax assets, which could materially adversely affect
the Company’s results of operations, financial condition and
capital position; financial services companies are frequently the
targets of litigation, including, but not limited to, class action
litigation, which could result in substantial judgments, and the
Company, like other financial services companies, in the ordinary
course of business is involved in litigation and arbitration;
publicly held companies in general and the financial services
industry in particular are sometimes the target of law enforcement
investigations and the focus of increased regulatory scrutiny; the
Company’s ability to maintain competitive unit costs is dependent
upon the level of new sales and persistency of existing business,
and a change in persistency may result in higher claims and/or
higher or more rapid amortization of deferred policy acquisition
costs and thus higher unit costs and lower reported earnings; the
Company’s investments, including, but not limited to, the Company’s
invested assets, derivative financial instruments and commercial
mortgage loan portfolio, are subject to market, credit, and
regulatory risks, and these risks could be heightened during
periods of extreme volatility or disruption in financial and credit
markets; the Company may not realize its anticipated financial
results from its acquisitions strategy, which is dependent on
factors such as the availability of suitable acquisitions, the
availability of capital to fund acquisitions and the realization of
assumptions relating to the acquisition; the Company is dependent
on the performance of others, including, but not limited to,
distributors, third-party administrators, fund managers, reinsurers
and other service providers, and, as with all financial services
companies, its ability to conduct business is dependent upon
consumer confidence in the industry and its products; the Company’s
reinsurers could fail to meet assumed obligations, increase rates,
or be subject to adverse developments that could affect the
Company, and the Company’s ability to compete is dependent on the
availability of reinsurance, which has become more costly and less
available in recent years, or other substitute capital market
solutions; the success of the Company’s captive reinsurance program
and related marketing efforts is dependent on a number of factors
outside the control of the Company, including, but not limited to,
continued access to capital markets, a favorable regulatory
environment, and the overall tax position of the Company; computer
viruses or network security breaches could affect the data
processing systems of the Company or its business partners, and
could damage the Company’s business and adversely affect its
financial condition and results of operations; the Company’s
ability to grow depends in large part upon the continued
availability of capital; new GAAP and statutory accounting rules or
changes to existing GAAP and statutory accounting rules could
negatively impact the Company; the Company’s risk management
policies and procedures may leave it exposed to unidentified or
unanticipated risk, which could negatively affect its business or
result in losses; capital and credit market volatility or
disruption could adversely impact the Company’s financial condition
or results from operations in several ways, including but not
limited to the following: causing market price and cash flow
variability in the Company’s fixed income portfolio, defaults on
principal or interest payments by issuers of the Company’s fixed
income investments, other than temporary impairments of the
Company’s fixed income investments; adversely impacting the
Company’s ability to efficiently access the capital markets to
finance its reserve, capital and liquidity needs; deterioration of
general economic conditions could result in a severe and extended
economic recession, which could materially adversely affect the
Company’s business and results of operations; there can be no
assurance that the actions of the U.S. Government or other
governmental and regulatory bodies for the purpose of stabilizing
the financial markets will achieve their intended effect; the
Company may not be able to protect its intellectual property and
may be subject to infringement claims; the Company could be
adversely affected by an inability to access its credit facility;
the amount of statutory capital the Company has and must hold to
maintain its financial strength and credit ratings and meet other
requirements can vary significantly and is sensitive to a number of
factors; and the Company operates as a holding company and depends
on the ability of its subsidiaries to transfer funds to it to meet
its obligations and to pay dividends. Please refer to Part I, Item
1A, Risk Factors and Cautionary Factors that may Affect Future
Results of the Company’s most recent Form 10-K and Part II, Item
1A, Risk Factors, of the Company’s subsequent
quarterly reports on Form 10-Q for more information
about these factors.
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