Max Capital Group Ltd. Reports Fourth-Quarter and Year-End 2008 Results

February 11, 2009

HAMILTON, Bermuda--(BUSINESS WIRE)--Feb. 11, 2009-- Max Capital Group Ltd. (NASDAQ: MXGL; BSX: MXGL BH) today reported a net loss for the three months ended December 31, 2008, of $94.1 million, or $1.67 per diluted share, compared to net income of $62.4 million, or $1.00 per diluted share, for the three months ended December 31, 2007. Net operating loss, which represents net income or loss excluding after-tax net realized gains and losses on fixed maturities and foreign exchange, for the three months ended December 31, 2008, was $85.0 million, or $1.51 per diluted share, compared to net operating income of $63.4 million, or $1.01 per diluted share, for the three months ended December 31, 2007.

For the year ended December 31, 2008, the Company had a net loss of $175.3 million, or $3.10 per diluted share, compared to net income of $303.2 million, or $4.75 per diluted share, for the year ended December 31, 2007. For the year ended December 31, 2008, the Company had a net operating loss of $146.7 million, or $2.59 per diluted share, compared to net operating income of $307.2 million, or $4.81 per diluted share, for the year ended December 31, 2007.

W. Marston (Marty) Becker, Chairman and Chief Executive Officer of Max Capital Group Ltd., said: “In 2008, solid performances by our underwriting units were overshadowed by losses in our alternative investment portfolio. In a year generally regarded as being a soft pricing year, as well as having the fourth-highest U.S. property losses from catastrophes, our losses have been limited compared to many of our peers and our overall combined ratios have remained attractive. Max Specialty, our U.S. excess and surplus lines operation, grew considerably during 2008 and we expanded our specialty insurance and reinsurance capabilities with our fourth-quarter acquisition of Max at Lloyd’s, which provided us entry to the world’s most famous specialty insurance marketplace. We believe this greater product and geographic diversification will allow us to take advantage of more favorable market conditions as they emerge, and will help limit the volatility of our future underwriting results.

“On the investment side, Max has not been immune to the turmoil of the financial markets, and the negative return and volatility experienced by our alternative investments was worse than we had previously modeled. Late last year we announced our intention to reduce and rebalance our alternative investment allocation and this process is well under way. Total alternative investments are less than 15% of invested assets at year-end and we expect them to be less than 12% by the end of March 2009. The decision to change our asset mix in this way reflects the growing strength and scale of our underwriting platforms.

“Looking ahead, while we expect the market to remain in transition throughout 2009, opportunities continue to arise. Max Capital and our individual platforms are well-positioned from both a business and capital standpoint to continue to compete effectively and to take advantage of market dislocations,” Becker concluded.

Gross premiums written from property and casualty underwriting for the three months ended December 31, 2008 were $224.1 million compared to $161.8 million for the three months ended December 31, 2007, an increase of 38.5%. The increase in gross premiums written principally reflects growth in the Company’s U.S. specialty insurance and Bermuda/Dublin insurance segments. Net premiums earned from property and casualty underwriting for the three months ended December 31, 2008 were $153.8 million compared to $124.6 million for the same period of 2007. Life and annuity reinsurance gross premiums written for the three months ended December 31, 2008 were $147.9 million compared to $238.4 million for the same period in 2007, reflecting two new reinsurance transactions written in 2008 compared to five in 2007.

Gross premiums written from property and casualty underwriting for the year ended December 31, 2008, were $1,012.1 million compared to $776.3 million for the year ended December 31, 2007, an increase of 30.4%. The increase in gross premiums written reflects year-over-year increases in all of the Company’s property and casualty segments, with particularly strong growth in the U.S. specialty insurance segment in its first full year of operations. Net premiums earned from property and casualty underwriting for the year ended December 31, 2008 were $571.9 million compared to $516.5 million for the same period of 2007, reflecting additional premiums written. Life and annuity reinsurance gross premiums written for the year ended December 31, 2008 were $242.2 million compared to $302.0 million for the same period in 2007, reflecting three new reinsurance transactions written in 2008 compared to six in 2007.

Net investment income for the three months ended December 31, 2008 decreased to $44.2 million from $49.4 million for the same period in 2007, which is attributable to an increased weighting year-over-year in lower-yielding cash balances and lower yields on fixed-maturity investments. Net investment income for the year ended December 31, 2008 decreased to $181.6 million from $188.2 million for the same period in 2007. Net losses on alternative investments for the three months ended December 31, 2008 were $88.0 million, for a negative 8.28% rate of return, compared to net gains of $50.0 million and a 4.27% rate of return for the same period in 2007. Net losses on alternative investments for the year ended December 31, 2008 were $233.0 million, for a negative 19.27% rate of return, compared to net gains of $186.7 million and a 16.97% rate of return for the same period in 2007. In accordance with the Company’s accounting policy, the unrealized mark-to-market gains and losses from the alternative investment portfolio are recorded through net income rather than as an adjustment to book value through other comprehensive income. Invested assets were $5.4 billion as of December 31, 2008, with an allocation of 85.9% to cash and fixed maturities and 14.1% to alternative investments. The Company’s liquidity position at December 31, 2008 is strong, with $949.4 million in cash and 70% of fixed maturities investments held in government, agency or AAA-rated securities.

Property and casualty net losses and loss expenses were $115.2 million with a loss ratio of 74.9% for the three months ended December 31, 2008, compared to $87.2 million with a loss ratio of 69.9% for the same period in 2007. Property and casualty net losses and loss expenses were $393.7 million with a loss ratio of 68.9% for the year ended December 31, 2008, compared to $330.4 million with a loss ratio of 64.0% for the same period in 2007. Net losses recognized in the year ended December 31, 2008 related to hurricane losses were $50.0 million (net of reinstatement premiums of $7.4 million). There were no catastrophe-related losses recorded in the fourth-quarter of 2008 and no comparable catastrophe-related losses in 2007. Results for the three months and year ended December 31, 2008 include net favorable development on prior period reserves of $2.1 million and $90.7 million, respectively. Favorable development reflects lower than expected claims emergence on prior year contracts, with the majority of the development occurring in casualty lines of business on 2006 and prior years. Net favorable development on prior period reserves in the three months and year ended December 31, 2007 were $6.7 million and $45.6 million, respectively.

Claims and policy benefits for life and annuity reinsurance for the three months and year ended December 31, 2008 were $164.4 million and $301.5 million, respectively, compared to $254.0 million and $345.6 million for the three months and year ended December 31, 2007, respectively. No material reserve changes were recognized in 2008. The decrease in 2008 for the quarter and the year is principally attributable to fewer life and annuity transactions written in 2008 compared to the same periods in 2007.

Acquisition costs for the three months ended December 31, 2008 were $16.6 million compared to $14.6 million for the three months ended December 31, 2007. Acquisition costs for the year ended December 31, 2008 were $52.4 million compared to $61.4 million for the year ended December 31, 2007. The decrease for the year is principally attributable to growth in the U.S. specialty insurance segment, which generally has lower acquisition costs, and changes in the business mix of the other segments.

Interest expense for the three months ended December 31, 2008 was $15.5 million, compared to $12.6 million for the same period in 2007. The increase in the fourth-quarter was principally due to fluctuations in interest rates on funds held for retrocessionaires. Interest expense for the year ended December 31, 2008 was $36.1 million, compared to $42.7 million for the same period in 2007. The decrease for the year principally reflects the reduction in interest expense on bank loans due to the decrease in LIBOR compared to the previous year.

Foreign exchange losses for the three months and year ended December 31, 2008 were $7.9 million and $9.9 million, respectively, compared to negligible foreign exchange losses in both 2007 periods. The Company’s 2008 foreign exchange losses were principally attributable to a build-up of British pounds prior to the acquisition of the Company’s Max at Lloyd’s segment, which is not expected to be a recurring item.

General and administrative expenses for the three months ended December 31, 2008, were $33.9 million compared to $27.0 million for the same period in 2007. General and administrative expenses for the year ended December 31, 2008, were $127.5 million, compared to $106.7 million for the same period in 2007. The increase for the quarter and the year principally reflects the growth of the Company’s U.S. specialty segment compared to the respective 2007 quarter and year, and expenses associated with acquisition activities undertaken in 2008.

During the three months ended December 31, 2008, under the Board-approved share repurchase authorization, the Company repurchased 287,900 of its common shares at an average price of $12.50 per share for a total amount of $3.6 million. For the year ended December 31, 2008, the Company repurchased 4,147,864 of its common shares at an average price of $26.48 per share for a total amount of $109.8 million. As of December 31, 2008, $69.8 million remains available under the Company’s share repurchase authorization. On December 31, 2008, the Company’s subsidiary, Max USA Holdings Ltd., repurchased $8.5 million principal amount of its senior notes for a total amount of $6.2 million, recognizing a gain of $2.3 million, and reducing the principal amount of senior notes outstanding to $91.5 million at December 31, 2008.

Shareholders’ equity was $1,280.3 million at December 31, 2008. Book value per share at December 31, 2008 was $22.94 per share, compared to $27.54 at December 31, 2007, a decrease of 16.7%. Diluted book value per share at December 31, 2008, was $22.46 compared to $25.59 at December 31, 2007, a decrease of 12.2%.

Max Capital Group Ltd., through its operating subsidiaries, provides specialty insurance and reinsurance products to corporations, public entities, property and casualty insurers and life and health insurers.

This release includes statements about future economic performance, finances, expectations, plans and prospects of the Company that constitute forward-looking statements for purposes of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from those suggested by such statements. For further information regarding cautionary statements and factors affecting future results, please refer to the Company’s most recent Annual Report on Form 10-K, Quarterly Reports on Form 10-Q filed subsequent to the Annual Report and other documents filed by the Company with the SEC. The Company undertakes no obligation to update or revise publicly any forward-looking statement whether as a result of new information, future developments or otherwise.

In presenting the Company’s results, management has included and discussed net operating income or loss per diluted share and net operating return on average shareholders’ equity. Such measures are “non-GAAP financial measures” as defined in Regulation G. Management believes that these non-GAAP financial measures, which may be defined differently by other companies, allow for a more complete understanding of the Company’s business. These measures, however, should not be viewed as a substitute for those determined in accordance with GAAP. The reconciliation of such measures to their respective most directly comparable GAAP financial measures is presented in the attached financial information in accordance with Regulation G.

MAX CAPITAL GROUP LTD.

 
 

CONSOLIDATED BALANCE SHEETS

(Expressed in thousands of United States Dollars, except per share and share amounts)
December 31, 2008 December 31, 2007
(Unaudited)
ASSETS
Cash and cash equivalents $ 949,404 $ 397,656
Fixed maturities, trading securities at fair value 61,820 -
Fixed maturities, available for sale at fair value 3,592,039 3,663,226
Alternative investments, at fair value 753,658 1,061,734
Accrued interest income 52,882 49,100
Premiums receivable 554,845 432,965
Losses and benefits recoverable from reinsurers 846,622 578,333
Deferred acquisition costs 51,337 44,187
Prepaid reinsurance premiums 192,889 130,071
Trades pending settlement 85,727 112,423
Other assets 110,772 68,834
   
Total assets $ 7,251,995 $ 6,538,529
 
 
LIABILITIES
Property and casualty losses $ 2,938,171 $ 2,333,877
Life and annuity benefits 1,366,976 1,203,509
Deposit liabilities 219,260 220,513
Funds withheld from reinsurers 164,157 169,263
Unearned property and casualty premiums 574,134 439,581
Reinsurance balances payable 160,686 99,221
Accounts payable and accrued expenses 81,916 58,892
Bank loans 375,000 330,000
Senior notes 91,364 99,779
   
Total liabilities   5,971,664   4,954,635
 
 
SHAREHOLDERS' EQUITY
Preferred shares (par value $1.00)
20,000,000 shares authorized;
no shares issued or outstanding - -
Common shares (par value $1.00)
200,000,000 shares authorized;
55,805,790 (2007 - 57,515,075) shares issued and outstanding 55,806 57,515
Additional paid-in capital 763,391 844,455
Accumulated other comprehensive loss (45,399) (20,341)
Retained earnings 506,533 702,265
   
Total shareholders' equity   1,280,331   1,583,894
 
Total liabilities and shareholders' equity $ 7,251,995 $ 6,538,529
 
Book Value Per Share $ 22.94 $ 27.54
 
Diluted Book Value Per Share $ 22.46 $ 25.59
 
Diluted Shares Outstanding 57,017,157 61,901,228

MAX CAPITAL GROUP LTD.

     
 
CONSOLIDATED STATEMENTS OF INCOME AND COMPREHENSIVE INCOME (Unaudited)
(Expressed in thousands of United States Dollars, except per share and share amounts)
 
Three Months Ended December 31 Years Ended December 31
2008 2007 2008 2007
REVENUES
Gross premiums written $ 372,065 $ 400,197 $ 1,254,250 $ 1,078,286
Reinsurance premiums ceded   (114,196)   (78,176)   (414,047)   (281,696)
Net premiums written $ 257,869 $ 322,021 $ 840,203 $ 796,590
 
Earned premiums $ 409,572 $ 433,522 $ 1,170,248 $ 1,074,173
Earned premiums ceded   (108,073)   (70,604)   (356,738)   (256,268)
Net premiums earned 301,499 362,918 813,510 817,905
 
Net investment income 44,226 49,355 181,624 188,206
Net (losses) gains on alternative investments (88,003) 50,035 (232,993) 186,721
Net realized losses on fixed maturities (948) (1,042) (18,859) (4,017)
Net realized gain on retirement of senior notes 2,245 - 2,245 -
Other income 457 158 1,458 745
       
Total revenues   259,476   461,424   746,985   1,189,560
 
LOSSES AND EXPENSES
Net losses and loss expenses 115,160 87,165 393,745 330,394
Claims and policy benefits 164,351 253,962 301,526 345,602
Acquisition costs 16,635 14,597 52,379 61,360
Interest expense 15,542 12,555 36,089 42,663
Foreign exchange losses 7,889 10 9,873 25
General and administrative expenses 33,924 26,963 127,459 106,689
       
Total losses and expenses   353,501   395,252   921,071   886,733
 
(LOSS) INCOME BEFORE TAXES (94,025) 66,172 (174,086) 302,827
 
Income tax expense (benefit)   58   3,822   1,232   (422)
 
NET (LOSS) INCOME (94,083) 62,350 (175,318) 303,249
 
Change in net unrealized gains and losses on available for sale securities, net of tax 118,821 24,841 9,882 369
Foreign currency translation adjustment (17,471) (1,557) (34,940) 978
       
COMPREHENSIVE INCOME (LOSS) $ 7,267 $ 85,634 $ (200,376) $ 304,596
 
Basic earnings per share $ (1.67) $ 1.07 $ (3.10) $ 5.06
Diluted earnings per share $ (1.67) $ 1.00 $ (3.10) $ 4.75
Diluted net operating earnings per share (1) $ (1.51) $ 1.01 $ (2.59) $ 4.81
 
Weighted average shares outstanding - basic   56,296,064   58,480,101   56,565,588   59,892,414
Weighted average shares outstanding - diluted (1)   56,296,064   62,534,171   56,565,588   63,839,232
 
 

(1) In accordance with U.S. generally accepted accounting principles, diluted earnings per share calculations use weighted average common shares outstanding - basic, for periods with a net loss

MAX CAPITAL GROUP LTD.

   
 
CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY (Unaudited)
(Expressed in thousands of United States Dollars)
Years Ended December 31
2008 2007
Preferred shares
Balance, beginning of year $ - $ -
Balance, end of year   -   -
 
Common shares
Balance, beginning of year 57,515 60,277
Issuance of shares 2,439 1,527
Repurchase of shares   (4,148)   (4,289)
Balance, end of year   55,806   57,515
 
Additional paid-in capital
Balance, beginning of year 844,455 933,292
Issuance of common shares, net 4,379 3,449
Stock based compensation expense 20,248 17,780
Repurchase of shares   (105,691)   (110,066)
Balance, end of year   763,391   844,455
 
Accumulated other comprehensive loss
Balance, beginning of year (20,341) (21,688)
Holding losses on available for sale securities arising in year, net of tax (5,327) (3,630)
Net realized losses on available for sale securities included in net income, net of tax 15,209 3,999
Currency translation adjustments   (34,940)   978
Balance, end of year   (45,399)   (20,341)
 
Retained earnings
Balance, beginning of year 702,265 418,180
Net (loss) income (175,318) 303,249
Dividends paid   (20,414)   (19,164)
Balance, end of year   506,533   702,265
 
Total shareholders' equity $ 1,280,331 $ 1,583,894

MAX CAPITAL GROUP LTD.

 
 
CONSOLIDATED STATEMENTS OF CASH FLOWS (Unaudited)
(Expressed in thousands of United States Dollars)
Years Ended December 31
2008 2007
OPERATING ACTIVITIES
Net (loss) income $ (175,318) $ 303,249
Adjustments to reconcile net income to net cash from operating activities:
Stock based compensation 20,248 17,780
Amortization of premium on fixed maturities 5,095 5,146
Accretion of deposit liabilities 4,507 4,607
Net losses (gains) on alternative investments 232,993 (186,721)
Net realized losses on fixed maturities 18,859 4,017
Net realized gain on retirement of senior notes (2,245) -
Changes in:
Accrued interest income (3,498) (10,178)
Premiums receivable (52,844) (42,076)
Losses and benefits recoverable from reinsurers (223,188) (37,102)
Deferred acquisition costs 2,934 4,877
Prepaid reinsurance premiums (55,801) (25,698)
Trades pending settlement 26,696 24,140
Other assets (3,006) (3,607)
Property and casualty losses 373,625 (11,348)
Life and annuity benefits 200,434 252,601
Funds withheld from reinsurers (5,106) (85,460)
Unearned property and casualty premiums 84,563 4,128
Reinsurance balances payable 46,934 19,715
Accounts payable and accrued expenses 12,799 14,405
   
Cash provided by operating activities   508,681   252,475
 
INVESTING ACTIVITIES
Purchases of fixed maturities (964,606) (1,459,418)
Sales of fixed maturities 438,634 428,522
Redemptions of fixed maturities 514,988 466,988
Net sales of alternative investments 75,083 190,824
Acquisition of subsidiaries, net of cash acquired 103,155 (28,400)
   
Cash provided by (used in) investing activities   167,254   (401,484)
 
FINANCING ACTIVITIES
Net proceeds from issuance of common shares 6,818 4,976
Repurchase of common shares (109,839) (114,355)
Net proceeds from bank loans 45,000 120,000
Net (repayment) proceeds from issuance of senior notes (8,415) 99,497
Dividends paid (20,414) (19,163)
Additions to deposit liabilities 16,681 19,253
Payment of deposit liabilities (23,000) (9,630)
   
Cash (used in) provided by financing activities   (93,169)   100,578
 
Effect of exchange rate on cash (31,018) 4,192
 
Net increase in cash and cash equivalents 551,748 (44,239)
 
Cash and cash equivalents, beginning of year 397,656 441,895
   
CASH AND CASH EQUIVALENTS, END OF YEAR $ 949,404 $ 397,656
 
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION:
 
Interest paid totaled $21,416 and $21,514 for the years ended December 31, 2008 and 2007, respectively.
Corporate taxes paid totaled $199 and $1,879 for the years ended December 31, 2008 and 2007, respectively.

MAX CAPITAL GROUP LTD.

             
 
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–YEARS ENDED DECEMBER 31, 2008 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Year to Date Segment Information: Property & Casualty   Life & Annuity   Corporate   Consolidated
Bermuda/Dublin
Reinsurance   Insurance   U.S. Specialty   Max at Lloyd's   Total   Reinsurance
 
Gross premiums written $ 419,509 $ 389,368 $ 194,353 $ 8,844 $ 1,012,074 $ 242,176 $ - $ 1,254,250
Reinsurance premiums ceded   (92,421)     (198,098)     (118,710)     (4,294)     (413,523)     (524)     -     (414,047)
Net premiums written $ 327,088   $ 191,270   $ 75,643   $ 4,550   $ 598,551   $ 241,652   $ -   $ 840,203
 
Earned premiums $ 426,157 $ 371,080 $ 121,172 $ 9,663 $ 928,072 $ 242,176 $ - $ 1,170,248
Earned premiums ceded   (84,366)     (189,125)     (77,374)     (5,349)     (356,214)     (524)     -     (356,738)
Net premiums earned 341,791 181,955 43,798 4,314 571,858 241,652 - 813,510
 
Net investment income 36,069 18,437 7,235 542 62,283 40,058 79,283 181,624
Net losses on alternative investments (51,096) (23,499) - - (74,595) (100,921) (57,477) (232,993)
Net realized losses on fixed maturities - - (523) 508 (15) - (18,844) (18,859)
Net realized gain on retirement of senior notes - - - - - - 2,245 2,245
Other income   -     1,112     303     160     1,575     -     (117)     1,458
 
Total revenues 326,764 178,005 50,813 5,524 561,106 180,789 5,090 746,985
 
Net losses and loss expenses 218,749 142,150 30,376 2,470 393,745 - - 393,745
Claims and policy benefits - - 301,526 - 301,526
Acquisition costs 51,328 (2,810) 3,039 981 52,538 (159) - 52,379
Interest expense 7,516 - - - 7,516 6,818 21,755 36,089
Foreign exchange (gains) losses - - - (382) (382) - 10,255 9,873
General and administrative expenses   28,548     21,101     27,235     2,525     79,409     2,917     45,133     127,459
Total losses and expenses 306,141 160,441 60,650 5,594 532,826 311,102 77,143 921,071
                             
Income (loss) before taxes $ 20,623 $ 17,564 $ (9,837) $ (70) $ 28,280 $ (130,313) $ (72,053) $ (174,086)
 
Loss Ratio (a) 64.0% 78.1% 69.4% 57.3% 68.9%
Combined Ratio (b) 87.4% 88.2% 138.5% 138.5% 91.9%
 
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–THREE MONTHS ENDED DECEMBER 31, 2008 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Quarter Segment Information: Property & Casualty Life & Annuity Corporate Consolidated
Bermuda/Dublin
Reinsurance   Insurance   U.S. Specialty   Max at Lloyd's   Total   Reinsurance
 
Gross premiums written $ 42,025 $ 113,080 $ 60,191 $ 8,844 $ 224,140 $ 147,925 $ - $ 372,065
Reinsurance premiums ceded   (7,288)     (64,999)     (37,376)     (4,294)     (113,957)     (239)     -     (114,196)
Net premiums written $ 34,737   $ 48,081   $ 22,815   $ 4,550   $ 110,183   $ 147,686   $ -   $ 257,869
 
Earned premiums $ 115,494 $ 92,988 $ 43,502 $ 9,663 $ 261,647 $ 147,925 $ - $ 409,572
Earned premiums ceded   (26,549)     (48,134)     (27,803)     (5,349)     (107,835)     (238)     -     (108,073)
Net premiums earned 88,945 44,854 15,699 4,314 153,812 147,687 - 301,499
 
Net investment income 8,272 5,124 1,672 542 15,610 10,126 18,490 44,226
Net losses on alternative investments (21,458) (9,923) - - (31,381) (42,170) (14,452) (88,003)
Net realized losses on fixed maturities - - - 508 508 - (1,456) (948)
Net realized gain on retirement of senior notes - - - - - - 2,245 2,245
Other income   -     -     163     160     323     -     134     457
 
Total revenues 75,759 40,055 17,534 5,524 138,872 115,643 4,961 259,476
 
Net losses and loss expenses 68,423 33,331 10,936 2,470 115,160 - - 115,160
Claims and policy benefits - - - - - 164,351 - 164,351
Acquisition costs 16,154 (865) 980 981 17,250 (615) - 16,635
Interest expense 5,134 - - - 5,134 4,722 5,686 15,542
Foreign exchange (gains) losses - - - (382) (382) - 8,271 7,889
General and administrative expenses   6,567     5,049     6,636     2,525     20,777     644     12,503     33,924
Total losses and expenses 96,278 37,515 18,552 5,594 157,939 169,102 26,460 353,501
                             
Income (loss) before taxes $ (20,519)   $ 2,540   $ (1,018)   $ (70)   $ (19,067)   $ (53,459)   $ (21,499)   $ (94,025)
 
Loss Ratio (a) 76.9% 74.3% 69.7% 57.3% 74.9%
Combined Ratio (b) 102.5% 83.6% 118.2% 138.5% 99.6%
 
(a) The loss ratio is calculated by dividing net losses and loss expenses by net premiums earned.
(b) The combined ratio is calculated by dividing the sum of net losses and loss expenses, acquisition costs and general and administrative expenses by net premiums earned.

MAX CAPITAL GROUP LTD.

           
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–YEARS ENDED DECEMBER 31, 2007 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Year to Date Segment Information: Property & Casualty   Life & Annuity   Corporate   Consolidated
Bermuda/Dublin
Reinsurance   Insurance   U.S. Specialty   Total   Reinsurance
 
Gross premiums written $ 345,156 $ 382,926 $ 48,243 $ 776,325 $ 301,961 $ - $ 1,078,286
Reinsurance premiums ceded   (44,565)     (201,987)     (34,610)     (281,162)     (534)     -     (281,696)
Net premiums written $ 300,591   $ 180,939   $ 13,633   $ 495,163   $ 301,427   $ -   $ 796,590
 
Earned premiums $ 356,448 $ 398,776 $ 16,988 $ 772,212 $ 301,961 $ - $ 1,074,173
Earned premiums ceded   (43,501)     (199,223)     (13,010)     (255,734)     (534)     -     (256,268)
Net premiums earned 312,947 199,553 3,978 516,478 301,427 - 817,905
 
Net investment income 41,025 16,160 5,974 63,159 33,936 91,111 188,206
Net gains on alternative investments 53,021 14,271 - 67,292 60,713 58,716 186,721
Net realized losses on fixed maturities - - - - - (4,017) (4,017)
Other income   -     -     -     -     -     745     745
 
Total revenues 406,993 229,984 9,952 646,929 396,076 146,555 1,189,560
 
Net losses and loss expenses 173,317 153,816 3,261 330,394 - - 330,394
Claims and policy benefits - - - - 345,602 - 345,602
Acquisition costs 60,910 (1,162) 376 60,124 1,236 - 61,360
Interest expense 11,890 - - 11,890 6,864 23,909 42,663
Foreign exchange losses - - - - - 25 25
General and administrative expenses   28,394     19,348     17,430     65,172     2,813     38,704     106,689
Total losses and expenses 274,511 172,002 21,067 467,580 356,515 62,638 886,733
                         
Income (loss) before taxes $ 132,482   $ 57,982   $ (11,115)   $ 179,349   $ 39,561   $ 83,917   $ 302,827
 
Loss Ratio (a) 55.4% 77.1% 82.0% 64.0%
Combined Ratio (b) 83.9% 86.2% n/a 88.2%
 
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–THREE MONTHS ENDED DECEMBER 31, 2007 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Quarter Segment Information: Property & Casualty   Life & Annuity   Corporate   Consolidated
Bermuda/Dublin
Reinsurance   Insurance   U.S. Specialty   Total   Reinsurance
 
Gross premiums written $ 36,391 $ 98,848 $ 26,551 $ 161,790 $ 238,407 $ - $ 400,197
Reinsurance premiums ceded   (2,936)     (55,568)     (19,536)     (78,040)     (136)     -     (78,176)
Net premiums written $ 33,455   $ 43,280   $ 7,015   $ 83,750   $ 238,271   $ -   $ 322,021
 
Earned premiums $ 84,870 $ 98,792 $ 11,453 $ 195,115 $ 238,407 $ - $ 433,522
Earned premiums ceded   (12,970)     (48,369)     (9,130)     (70,469)     (135)     -     (70,604)
Net premiums earned 71,900 50,423 2,323 124,646 238,272 - 362,918
 
Net investment income 9,199 4,104 2,118 15,421 11,675 22,259 49,355
Net gains on alternative investments 11,656 3,755 - 15,411 17,399 17,225 50,035
Net realized losses on fixed maturities - - - - - (1,042) (1,042)
Other income   -     -     -     -     -     158     158
 
Total revenues 92,755 58,282 4,441 155,478 267,346 38,600 461,424
 
Net losses and loss expenses 41,833 43,017 2,315 87,165 - - 87,165
Claims and policy benefits - - - - 253,962 - 253,962
Acquisition costs 13,663 (190) 472 13,945 652 - 14,597
Interest expense 2,971 - - 2,971 2,496 7,088 12,555
Foreign exchange losses - - - - - 10 10
General and administrative expenses   7,966     5,939     3,281     17,186     687     9,090     26,963
Total losses and expenses 66,433 48,766 6,068 121,267 257,797 16,188 395,252
                         
Income (loss) before taxes $ 26,322   $ 9,516   $ (1,627)   $ 34,211   $ 9,549   $ 22,412   $ 66,172
 
Loss Ratio (a) 58.2% 85.3% 99.7% 69.9%
Combined Ratio (b) 88.3% 96.7% n/a 94.9%
 
(a) The loss ratio is calculated by dividing net losses and loss expenses by net premiums earned.
(b) The combined ratio is calculated by dividing the sum of net losses and loss expenses, acquisition costs and general and administrative expenses by net premiums earned.

MAX CAPITAL GROUP LTD.

           
   
SCHEDULE OF SUPPLEMENTAL PREMIUM DATA–YEAR ENDED DECEMBER 31, 2008 (Unaudited)
(Expressed in thousands of United States Dollars)
 

Gross Premiums Written by Type of Risk:

Year Ended December 31, 2008 Year Ended December 31, 2007
Gross Premiums Written Percentage of Total Premiums Written Gross Premiums Written Percentage of Total Premiums Written
Property & Casualty:
Bermuda/Dublin Reinsurance:
Agriculture $ 80,454 6.4% $ 985 0.1%
Aviation 31,555 2.5% 34,095 3.1%
Excess Liability 10,165 0.8% 16,716 1.6%
Medical Malpractice 77,133 6.2% 53,138 4.9%
Other 1,934 0.2% 6,031 0.6%
Professional Liability 38,718 3.1% 33,640 3.1%
Property 99,280 7.9% 89,197 8.3%
Marine & Energy 12,769 1.0% 47,077 4.4%
Whole Account 12,906 1.0% 15,080 1.4%
Workers' Compensation   54,595 4.4%   49,197 4.5%
419,509 33.5% 345,156 32.0%
Bermuda/Dublin Insurance:
Aviation 53,034 4.2% 40,934 3.8%
Excess Liability 123,490 9.8% 131,515 12.2%
Professional Liability 159,140 12.7% 157,450 14.6%
Property   53,704 4.3%   53,027 4.9%
389,368 31.0% 382,926 35.5%
U.S. Specialty:
Property 95,848 7.6% 34,721 3.2%
General Casualty 59,838 4.8% 12,302 1.2%
Marine   38,667 3.1%   1,220 0.1%
194,353 15.5% 48,243 4.5%
Max at Lloyd's:
Property 1,446 0.1% - 0.0%
Personal Accident 408 0.0% - 0.0%
Financial Institutions 4,062 0.3% - 0.0%
Professional Liability 2,928 0.3% - 0.0%
Other   - 0.0%   - 0.0%
8,844 0.7% - 0.0%
       
Aggregate Property & Casualty $ 1,012,074 80.7% $ 776,325 72.0%
 
Life & Annuity:
Annuity $ 239,555 19.1% $ 299,261 27.8%
Health - 0.0% 29 0.0%
Life   2,621 0.2%   2,671 0.2%
 
Aggregate Life & Annuity 242,176 19.3% 301,961 28.0%
       
Aggregate P&C and Life & Annuity $ 1,254,250 100.0% $ 1,078,286 100.0%

MAX CAPITAL GROUP LTD.

         
 
NON-GAAP FINANCIAL MEASURE RECONCILIATIONS (Unaudited)
 
Net Operating Income per Diluted Share
(Expressed in thousands of United States Dollars, except per share and share amounts)
 
Three Months Ended December 31 Year Ended December 31
2008 2007 2008 2007
 
Net (loss) income $ (94,083) $ 62,350 $ (175,318) $ 303,249
Net realized losses on fixed maturities, net of tax 1,108 1,046 18,640 3,999
Foreign exchange losses, net of tax   7,999     10   9,982     25
Net operating (loss) income $ (84,976)   $ 63,406 $ (146,696)   $ 307,273
 
Net (loss) income per diluted share (1) $ (1.67) $ 1.00 $ (3.10) $ 4.75
Net realized losses on fixed maturities, net of tax 0.02 0.01 0.33 0.06
Foreign exchange losses, net of tax   0.14     -   0.18     -
Net operating (loss) income per diluted share (1) $ (1.51)   $ 1.01 $ (2.59)   $ 4.81
 
Weighted average shares outstanding - basic 56,296,064 58,480,101 56,565,588 59,892,414
Weighted average shares outstanding - diluted (1) 56,296,064 62,534,171 56,565,588 63,839,232
 
 

(1) In accordance with U.S. generally accepted accounting principles, diluted earnings per share calculations use weighted average common shares outstanding - basic, for periods with a net loss

 

 
 
 

Annualized Return and Annualized Net Operating Return on Average Shareholders' Equity

(Expressed in thousands of United States Dollars)
 
Three Months Ended December 31 Year Ended December 31
2008 2007 2008 2007
 
Net (loss) income $ (94,083) $ 62,350 $ (175,318) $ 303,249
Annualized net (loss) income (376,332) 249,400 (175,318) 303,249
 
Net operating (loss) income $ (84,976) $ 63,406 $ (146,696) $ 307,273
Annualized net operating (loss) income (339,904) 253,624 (146,696) 307,273
 
Beginning shareholders' equity $ 1,274,482 $ 1,533,596 $ 1,583,894 $ 1,390,061
Ending shareholders' equity   1,280,331   1,583,894   1,280,331   1,583,894
Average shareholders' equity $ 1,277,407 $ 1,558,745 $ 1,432,113 $ 1,486,978
 
Annualized return on average shareholders' equity -29.5% 16.0% -12.2% 20.4%
Annualized net operating return on average shareholders' equity -26.6% 16.3% -10.2% 20.7%

MAX CAPITAL GROUP LTD.

           
   
SCHEDULE OF SUPPLEMENTAL INVESTMENT DATA–YEAR ENDED DECEMBER 31, 2008 (Unaudited)
 
Selected Investment Return Data: Periodic Rate of Return
Fair Investment Last Year Last
Value* Distribution 3 Months to Date 60 months**
 
Cash and Fixed Maturities $ 4,603,263 85.9% 4.09% 4.66% 4.27%
 
Convertible Arbitrage 10,650 0.2% 1.96% -12.19% -3.27%
Distressed Securities 115,900 2.2% -10.25% -19.39% 8.17%
Diversified Arbitrage 46,034 0.9% -21.88% -39.72% -4.14%
Emerging Markets 39,683 0.7% -21.54% -30.59% 5.07%
Event-Driven Arbitrage 75,205 1.4% -18.06% -30.31% 5.29%
Fixed Income Arbitrage 30,881 0.6% 5.45% 20.43% 9.63%
Global Macro 87,304 1.6% -0.04% -5.63% 4.88%
Long / Short Credit 38,581 0.7% -8.83% -13.34% 4.60%
Long / Short Equity 290,224 5.4% -0.86% -13.66% 5.00%
Opportunistic   14,746 0.3% -25.39% -41.25% 6.64%
 
MDS **** 749,208 14.0% -8.31% -19.38% 3.08%
 
Reinsurance Private Equity   4,450 0.1% -1.55% 12.91% 8.26%
 
Alternative Investments $ 753,658 14.1% -8.28%