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Annual Report 2001 - Chubb Group of Insurance Companies

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occurred, including both those known to us and those<br />

yet to be reported. In establishing such reserves,<br />

management considers facts currently known and the<br />

present state <strong>of</strong> the law and coverage litigation. How-<br />

ever, given the expansion <strong>of</strong> coverage and liability by the<br />

courts and the legislatures in the past and the possibili-<br />

ties <strong>of</strong> similar interpretations in the future, particularly as<br />

they relate to asbestos and toxic waste claims, additional<br />

increases in loss reserves may emerge in future periods.<br />

Any such increases would have an adverse eÅect on<br />

future operating results. However, management does not<br />

expect that any such increases would have a material<br />

adverse eÅect on the Corporation's consolidated Ñnancial<br />

condition or liquidity.<br />

Litigation costs remain substantial, particularly for hazardous<br />

waste claims. Primary policies provide a limit on<br />

indemnity payments but many do not limit defense<br />

costs. This unlimited defense provided in the policies<br />

sometimes leads to the payment <strong>of</strong> defense costs<br />

substantially exceeding the indemnity exposure. A substantial<br />

portion <strong>of</strong> the funds we have expended to date<br />

has been for legal fees incurred in the prolonged<br />

litigation <strong>of</strong> coverage issues.<br />

The tragic event <strong>of</strong> September 11 changed the way the<br />

property and casualty insurance industry views cata-<br />

strophic risk. Numerous classes <strong>of</strong> business have become<br />

exposed to terrorism related catastrophic risks in addition<br />

to the catastrophic risks related to natural occur-<br />

rences. This has required us to change how we identify<br />

and evaluate risk accumulations. We have changed our<br />

underwriting protocols to address terrorism and the<br />

limited availability <strong>of</strong> terrorism reinsurance. However,<br />

given the uncertainty <strong>of</strong> the potential threats, we cannot<br />

be sure that we have addressed all the possibilities.<br />

Reserves for asbestos and toxic waste claims cannot be<br />

estimated with traditional loss reserving techniques that<br />

rely on historical accident year loss development factors.<br />

We have established case reserves and expense reserves<br />

for costs <strong>of</strong> related litigation where suÇcient information<br />

has been developed to indicate the involvement <strong>of</strong> a<br />

speciÑc insurance policy. In addition, IBNR reserves<br />

have been established to cover additional exposures on<br />

both known and unasserted claims.<br />

The following table presents loss reserve activity, net <strong>of</strong><br />

reinsurance recoverable, related to asbestos and toxic<br />

waste claims. Reinsurance recoveries related to these<br />

claims are not signiÑcant.<br />

Years Ended December 31<br />

<strong>2001</strong> 2000 1999<br />

(in millions)<br />

CATASTROPHE EXPOSURE<br />

Loss reserves, beginning <strong>of</strong> yearÏÏÏÏÏÏÏ $450 $524 $1,075(a)<br />

Incurred losses ÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏ 61 31 47 The Corporation's property and casualty subsidiaries also<br />

Losses paid ÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏÏ 99 105 598(a)<br />

have exposure to insured losses caused by hurricanes,<br />

Loss reserves, end <strong>of</strong> year ÏÏÏÏÏÏÏÏÏÏÏ $412 $450 $ 524 earthquakes, winter storms, windstorms and other natural<br />

(a) Includes $549 million related to asbestos claims against Fibreboard<br />

catastrophic events. The frequency and severity <strong>of</strong><br />

Corporation.<br />

natural catastrophes are unpredictable. The extent <strong>of</strong><br />

losses from a catastrophe is a function <strong>of</strong> both the total<br />

Reserves for asbestos and toxic waste claims are continu- amount <strong>of</strong> insured exposure in an area aÅected by the<br />

ally reviewed and updated. Further increases in such loss event and the severity <strong>of</strong> the event. We continually<br />

reserves in 2002 and future years are possible as legal assess our concentration <strong>of</strong> underwriting exposures in<br />

and factual issues concerning these claims continue to be catastrophe prone areas globally and develop strategies to<br />

clariÑed. The amount cannot be reasonably estimated at manage this exposure through individual risk selection,<br />

the present time.<br />

subject to regulatory constraints, and through the<br />

purchase <strong>of</strong> catastrophe reinsurance. In recent years, we<br />

Management believes that the aggregate loss reserves <strong>of</strong> have invested in modeling technologies and concentrathe<br />

property and casualty subsidiaries at December 31, tion management tools that enable us to better monitor<br />

<strong>2001</strong> were adequate to cover claims for losses that had and control catastrophe exposures. We also continue to<br />

35

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