Max Capital Group Ltd. Reports First-Quarter 2009 Earnings

May 5, 2009

HAMILTON, Bermuda--(BUSINESS WIRE)--May. 5, 2009-- Max Capital Group Ltd. (NASDAQ: MXGL; BSX: MXGL BH) today reported net income for the three months ended March 31, 2009 of $44.5 million, or $0.78 per diluted share, compared to net income of $7.7 million, or $0.13 per diluted share, for the three months ended March 31, 2008. Net operating income, which represents net income excluding after-tax net realized gains and losses on fixed maturities and foreign exchange, for the three months ended March 31, 2009, was $41.7 million, or $0.73 per diluted share, compared to net operating income of $6.3 million, or $0.11 per diluted share, for the three months ended March 31, 2008.

W. Marston (Marty) Becker, Chairman and Chief Executive Officer of Max Capital Group Ltd., said: “We are very pleased to report a strong first quarter profit, with each of Max Capital's underwriting platforms in Bermuda, Dublin, the U.S. and Lloyd's producing very favorable results across virtually every product area. Strong growth in gross premiums written was primarily driven by the expansion of Max’s global reach in the U.S. and at Lloyd’s. Loss ratios continue in line with plan, highlighting the benefits of Max’s diversified underwriting philosophy. We expect this trend to continue throughout 2009 as we see modest rate/exposure improvements in many classes of business relative to 2008. Likewise, the continued reduction of our alternative investments as a percentage of our total invested assets is progressing on plan and will continue throughout 2009.

“Our pending merger with IPC is progressing well. Many regulatory approvals have already been received and we are on track for shareholder meetings and an expected closing in June 2009. The new combined organization will be strongly positioned as a global underwriter of specialty insurance and reinsurance, which in turn, will drive enhanced returns and value for our shareholders. With rates across many lines beginning to move positively, the marketplace timing for this transaction is very good,” said Mr. Becker.

Solid Gross Premium Written Growth

Gross premiums written from property and casualty underwriting for the three months ended March 31, 2009 were $433.7 million compared to $306.0 million for the three months ended March 31, 2008, an increase of 41.7%, with corresponding increase of 33.7% in net premiums written between the same periods. The increase in gross premiums written reflects the addition of the Company’s Max at Lloyd’s segment, the continued build-out of the U.S. specialty platform, and modest organic growth in each of the Company’s other property and casualty segments. Net premiums earned from property and casualty underwriting for the three months ended March 31, 2009 were $189.8 million compared to $135.3 million for the same period of 2008, an increase of 40.3%.

Net investment income for the three months ended March 31, 2009 decreased to $40.5 million from $49.6 million for the same period in 2008. The decline from a year ago reflects lower yields on the higher cash and cash equivalents balance held by the Company. A decrease in the fair value of the Company’s fixed maturities portfolio, principally on holdings with durations over ten years, resulted in a $66.1 million reduction to shareholders’ equity for unrealized holding losses, which are recorded through other comprehensive income for the three months ended March 31, 2009. Net gains on alternative investments for the three months ended March 31, 2009 were $18.0 million, for a 2.06% rate of return, compared to net losses of $25.7 million and a negative 2.11% rate of return for the same period in 2008. 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 $5.0 billion as of March 31, 2009, with an allocation of 88.1% to cash and fixed maturities and 11.9% to alternative investments. The Company’s liquidity position at March 31, 2009 is strong, with 72.5% or $3.2 billion, of the $4.4 billion cash and fixed maturities portfolio held in cash, government and government agency-backed securities, or AAA-rated securities.

Property and casualty net losses and loss expenses were $124.7 million with a loss ratio of 65.7% and a combined ratio of 89.7% for the three months ended March 31, 2009, compared to $93.6 million with a loss ratio of 69.2% and a combined ratio of 88.8% for the same period in 2008. Net losses recognized in the three months ended March 31, 2009 related to property catastrophe losses were $3.4 million, with no corresponding losses in the first-quarter of 2008. Results for the three months ended March 31, 2009 include net favorable development on prior period reserves of $12.3 million, which reduced the loss ratio by 6.5 percentage points. Favorable development reflects lower than expected claims emergence on prior year contracts. Net favorable development on prior period reserves in the three months ended March 31, 2008 were $7.8 million.

Claims and policy benefits for life and annuity reinsurance for the three months ended March 31, 2009 were $14.3 million, compared to $15.0 million for the three months ended March 31, 2008. No material reserve changes were recognized and no new life and annuity reinsurance transactions were written during the three months ended March 31, 2009 and 2008, respectively.

Acquisition costs for the three months ended March 31, 2009 were $20.6 million compared to $9.6 million for the three months ended March 31, 2008. The increase over the comparable period is principally attributable to changes in the mix of business written with higher contributions from Max at Lloyd’s and Max Specialty. The 2008 period benefited from lower acquisition costs on certain quota share contracts.

Interest expense for the three months ended March 31, 2009 was $3.9 million, compared to $12.0 million for the same period in 2008. The decrease is principally due to lower interest crediting rates on funds held for retrocessionaires, together with a reduction in interest expense on bank loans due to the decrease in LIBOR compared to the same period in 2008.

General and administrative expenses for the three months ended March 31, 2009, were $44.3 million compared to $24.7 million for the same period in 2008. The largest contributors to the increase were the addition of Max at Lloyd’s, and $5.2 million of professional fees related to the amalgamation with IPC Holdings, Ltd., of which the latter is expected to be only a temporary drag on earnings.

Shareholders’ equity was $1,262.9 million at March 31, 2009. Book value per share at March 31, 2009 was $22.60, compared to $22.94 at December 31, 2008, a decrease of 1.5%. Diluted book value per share at March 31, 2009, was $21.88 compared to $22.46 at December 31, 2008, a decrease of 2.6%. Excluding the increase in net unrealized losses within accumulated other comprehensive income, diluted book value per share increased 2.5% from December 31, 2008 to March 31, 2009. Net operating return on average shareholders’ equity for the three months ended March 31, 2009, was 13.1%, compared to 1.6% for the same period in 2008.

Operating from offices in Bermuda, Ireland, the USA and at Lloyd's, Max Capital Group Ltd. is a global enterprise dedicated to providing diversified specialty insurance and reinsurance products to corporations, public entities, property and casualty insurers, and life and health insurers.

In presenting the Company’s results, management has included and discussed net operating income or loss per diluted share, net operating return on average shareholders’ equity, book value per share and diluted book value per share. 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.

CAUTIONARY NOTE REGARDING FORWARD-LOOKING INFORMATION

This press release includes statements about future economic performance, finances, expectations, plans and prospects of both IPC Holdings, Ltd. (“IPC”) and Max Capital Group Ltd. (“Max”) 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 certain risks and uncertainties, including the risks described in the preliminary joint proxy statement/prospectus of IPC and Max that has been filed with the Securities and Exchange Commission (“SEC”) under “Risk Factors,” many of which are difficult to predict and generally beyond the control of IPC and Max, that could cause actual results to differ materially from those expressed in or suggested by such statements. For further information regarding cautionary statements and factors affecting future results, please also refer to the 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 each of IPC or Max, as the case may be, with the SEC. Neither IPC nor Max undertakes any obligation to update or revise publicly any forward-looking statement whether as a result of new information, future developments or otherwise.

This press release contains certain forward-looking statements within the meaning of the U.S. federal securities laws. Statements that are not historical facts, including statements about our beliefs, plans or expectations, are forward-looking statements. These statements are based on our current plans, estimates and expectations. Some forward-looking statements may be identified by our use of terms such as “believes,” “anticipates,” “intends,” “expects” and similar statements of a future or forward looking nature. In light of the inherent risks and uncertainties in all forward-looking statements, the inclusion of such statements in this press release should not be considered as a representation by us or any other person that our objectives or plans will be achieved. A non-exclusive list of important factors that could cause actual results to differ materially from those in such forward-looking statements includes the following: (a) the occurrence of natural or man-made catastrophic events with a frequency or severity exceeding our expectations; (b) the adequacy of our loss reserves and the need to adjust such reserves as claims develop over time; (c) any lowering or loss of financial ratings of any wholly-owned operating subsidiary; (d) the effect of competition on market trends and pricing; (e) changes in general economic conditions, including changes in interest rates and/or equity values in the United States of America and elsewhere and continued instability in global credit markets; and (f) other factors set forth in the preliminary joint proxy statement/prospectus of IPC and Max, the most recent reports on Form 10-K, Form 10-Q and other documents of IPC or Max, as the case may be, on file with the SEC. Risks and uncertainties relating to the proposed transaction include the risks that: the parties will not obtain the requisite shareholder or regulatory approvals for the transaction; the anticipated benefits of the transaction will not be realized; and/or the proposed transactions will not be consummated. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. We do not intend, and are under no obligation, to update any forward looking statement contained in this press release.

ADDITIONAL INFORMATION ABOUT THE PROPOSED BUSINESS COMBINATION AND WHERE TO FIND IT:

This press release relates to a proposed business combination between IPC and Max. On May 4, 2009, IPC filed with the SEC an amended registration statement on Form S-4, which included a preliminary joint proxy statement/prospectus of IPC and Max. This press release is not a substitute for the preliminary joint proxy statement/prospectus that IPC has filed with the SEC or any other document that IPC or Max may file with the SEC or send to their respective shareholders in connection with the proposed transaction. INVESTORS AND SECURITY HOLDERS ARE URGED TO READ THE PRELIMINARY JOINT PROXY STATEMENT/PROSPECTUS AND ALL OTHER RELEVANT DOCUMENTS FILED OR THAT WILL BE FILED WITH THE SEC, INCLUDING THE DEFINITIVE JOINT PROXY STATEMENT/PROSPECTUS THAT WILL BE PART OF THE DEFINITIVE REGISTRATION STATEMENT ON FORM S-4, AS THEY BECOME AVAILABLE BECAUSE THEY CONTAIN OR WILL CONTAIN IMPORTANT INFORMATION ABOUT THE PROPOSED BUSINESS COMBINATION. All such documents, if filed, would be available free of charge at the SEC’s website (www.sec.gov) or by directing a request to IPC, at Jim Bryce, President and Chief Executive Officer, or John Weale, Executive Vice President and Chief Financial Officer, at 441-298-5100, in the case of IPC’s filings, or Max, at Joe Roberts, Chief Financial Officer, or Susan Spivak Bernstein, Senior Vice President, Investor Relations at 441-295-8800, in the case of Max’s filings.

PARTICIPANTS IN THE SOLICITATION:

IPC and Max and their directors, executive officers and other employees may be deemed to be participants in any solicitation of IPC and Max shareholders, respectively, in connection with the proposed business combination.

Information about IPC’s directors and executive officers is available in the preliminary joint proxy statement/prospectus filed with the SEC on May 4, 2009, relating to IPC’s 2009 annual meeting of shareholders; information about Max’s directors and executive officers is available in the amendment to its annual report on Form-10K, filed with the SEC on April 1, 2009.

MAX CAPITAL GROUP LTD.

   
 
CONSOLIDATED BALANCE SHEETS
(Expressed in thousands of United States Dollars, except per share and share amounts)
March 31, 2009 December 31, 2008
(Unaudited)
ASSETS
Cash and cash equivalents $ 955,577 $ 949,404
Fixed maturities, trading securities at fair value 56,041 61,820
Fixed maturities, available for sale at fair value 3,424,866 3,592,039
Alternative investments, at fair value 599,485 753,658
Accrued interest income 45,816 52,882
Premiums receivable 673,551 554,845
Losses and benefits recoverable from reinsurers 879,823 846,622
Deferred acquisition costs 64,000 51,337
Prepaid reinsurance premiums 238,700 192,889
Trades pending settlement 131,325 85,727
Other assets 108,190 110,772
   
Total assets $ 7,177,374   $ 7,251,995  
 
 
LIABILITIES
Property and casualty losses $ 3,005,125 $ 2,938,171
Life and annuity benefits 1,306,573 1,366,976
Deposit liabilities 153,265 219,260
Funds withheld from reinsurers 148,942 164,157
Unearned property and casualty premiums 690,122 574,134
Reinsurance balances payable 165,008 160,686
Accounts payable and accrued expenses 54,108 81,916
Bank loans 300,000 375,000
Senior notes 91,369 91,364
   
Total liabilities   5,914,512     5,971,664  
 
 
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;
55,883,024 (2008 - 55,805,790) shares issued and outstanding 55,883 55,806
Additional paid-in capital 768,585 763,391
Accumulated other comprehensive loss (107,588 ) (45,399 )
Retained earnings 545,982 506,533
   
Total shareholders' equity   1,262,862     1,280,331  
 
Total liabilities and shareholders' equity $ 7,177,374   $ 7,251,995  
 
Book Value Per Share $ 22.60   $ 22.94  
 
Diluted Book Value Per Share $ 21.88   $ 22.46  
 
Diluted Shares Outstanding 57,713,179 57,017,157

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 March 31
  2009     2008  
REVENUES
Gross premiums written $ 434,273 $ 306,634
Reinsurance premiums ceded   (164,379 )   (104,676 )
Net premiums written $ 269,894   $ 201,958  
 
Earned premiums $ 309,382 $ 209,640
Earned premiums ceded   (119,100 )   (73,828 )
Net premiums earned 190,282 135,812
 
Net investment income 40,488 49,626
Net gains (losses) on alternative investments 18,013 (25,727 )
Net realized gains on fixed maturities 428 1,432
Other income 1,306 1,223
   
Total revenues   250,517     162,366  
 
LOSSES AND EXPENSES
Net losses and loss expenses 124,723 93,602
Claims and policy benefits 14,332 14,955
Acquisition costs 20,630 9,612
Interest expense 3,939 11,957
Foreign exchange (gains) losses (3,476 ) 12
General and administrative expenses 44,283 24,708
   
Total losses and expenses   204,431     154,846  
 
INCOME BEFORE TAXES 46,086 7,520
 
Income tax expense (benefit)   1,547     (229 )
 
NET INCOME 44,539 7,749
 
Change in net unrealized gains and losses on available for sale securities, net of tax (66,098 ) 14,949
Foreign currency translation adjustment 3,909 (4,926 )
   
COMPREHENSIVE (LOSS) INCOME $ (17,650 ) $ 17,772  
 
Net income per share - basic $ 0.79   $ 0.14  
Net income per diluted share $ 0.78   $ 0.13  
Net operating income per diluted share $ 0.73   $ 0.11  
 
Weighted average shares outstanding - basic   56,637,291     56,839,896  
Weighted average shares outstanding - diluted   57,183,826     60,002,077  

MAX CAPITAL GROUP LTD.

   
 
CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY (Unaudited)
(Expressed in thousands of United States Dollars)
 
Three Months Ended March 31
  2009     2008  
Common shares
Balance, beginning of period $ 55,806 $ 57,515
Issuance of common shares 77 2,278
Repurchase of shares   -     (3,342 )
Balance, end of period   55,883     56,451  
 
Additional paid-in capital
Balance, beginning of period 763,391 844,455
Issuance of common shares, net 318 1,580
Stock based compensation expense   4,876   5,007
Repurchase of shares   -     (90,509 )
Balance, end of period   768,585     760,533  
 
Accumulated other comprehensive loss
Balance, beginning of period (45,399 ) (20,341 )
Holding (losses) gains on available for sale securities arising in period, net of tax (66,146 ) 16,377
Net realized losses (gains) on available for sale securities included in net income, net of tax 48 (1,428 )
Currency translation adjustments   3,909     (4,926 )
Balance, end of period   (107,588 )   (10,318 )
 
Retained earnings
Balance, beginning of period 506,533 702,265
Net income 44,539 7,749
Dividends paid   (5,090 )   (5,123 )
Balance, end of period   545,982     704,891  
 
Total shareholders' equity $ 1,262,862   $ 1,511,557  

MAX CAPITAL GROUP LTD.

   
 
CONSOLIDATED STATEMENTS OF CASH FLOWS (Unaudited)
(Expressed in thousands of United States Dollars)
 
Three Months Ended March 31
  2009     2008  
OPERATING ACTIVITIES
Net income $ 44,539 $ 7,749
Adjustments to reconcile net income to net cash (used in) provided by operating activities:
Stock based compensation 4,876 5,007
Amortization of premium on fixed maturities 1,176 1,176
Accretion of deposit liabilities 565 1,187
Net (gains) losses on alternative investments (18,013 ) 25,727
Net realized gains on fixed maturities (428 ) (1,432 )
Changes in:
Accrued interest income 7,058 1,140
Premiums receivable (119,802 ) (86,070 )
Losses and benefits recoverable from reinsurers (35,247 ) (52,615 )
Deferred acquisition costs (12,912 ) (8,484 )
Prepaid reinsurance premiums (45,927 ) (30,848 )
Trades pending settlement (45,598 ) 41,372
Other assets 2,244 (668 )
Property and casualty losses 74,576 96,456
Life and annuity benefits (10,045 ) (13,412 )
Funds withheld from reinsurers (15,215 ) 1,724
Unearned property and casualty premiums 117,718 96,994
Reinsurance balances payable 4,520 21,617
Accounts payable and accrued expenses (27,511 ) (16,988 )
   
Cash (used in) provided by operating activities   (73,426 )   89,632  
 
INVESTING ACTIVITIES
Purchases of fixed maturities (166,421 ) (218,261 )
Sales of fixed maturities 89,324 104,908
Redemptions of fixed maturities 136,297 184,025
Net sales of alternative investments 172,186 36,202
   
Cash provided by investing activities   231,386     106,874  
 
FINANCING ACTIVITIES
Net proceeds from issuance of common shares 395 3,858
Repurchase of common shares - (93,851 )
Net repayments of bank loans (75,000 ) (5,000 )
Dividends paid (5,090 ) (5,123 )
Additions to deposit liabilities 11,649 378
Payment of deposit liabilities (77,143 ) (2,522 )
   
Cash used in financing activities   (145,189 )   (102,260 )
 
Effect of exchange rate on cash (6,598 ) 3,442
 
Net increase in cash and cash equivalents 6,173 97,688
 
Cash and cash equivalents, beginning of period 949,404 397,656
   
CASH AND CASH EQUIVALENTS, END OF PERIOD $ 955,577   $ 495,344  
 
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION:
 
Interest paid totaled $3,568 and $4,976 for the three months ended March 31, 2009 and 2008, respectively.
Corporate taxes paid totaled $nil and $183 for the three months ended March 31, 2009 and 2008, respectively.

MAX CAPITAL GROUP LTD.

               
 
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–THREE MONTHS ENDED MARCH 31, 2009 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Year to Date Segment Information: Property & Casualty   Life & Annuity   Corporate   Consolidated
Bermuda/Dublin
Insurance   Reinsurance   U.S. Specialty   Max at Lloyd's   Total   Reinsurance
 
Gross premiums written $ 87,682 $ 232,982 $ 68,833 $ 44,179 $ 433,676 $ 597 $ - $ 434,273
Reinsurance premiums ceded   (54,941 )     (51,383 )     (40,661 )     (17,301 )     (164,286 )     (93 )     -       (164,379 )
Net premiums written $ 32,741     $ 181,599     $ 28,172     $ 26,878     $ 269,390     $ 504     $ -     $ 269,894  
 
Earned premiums $ 102,197 $ 123,986 $ 54,356 $ 28,246 $ 308,785 $ 597 $ - $ 309,382
Earned premiums ceded   (52,153 )     (26,519 )     (32,951 )     (7,384 )     (119,007 )     (93 )     -       (119,100 )
Net premiums earned 50,044 97,467 21,405 20,862 189,778 504 - 190,282
 
Net investment income 5,241 9,228 1,593 822 16,884 11,566 12,038 40,488
Net gains on alternative investments 1,236 3,042 - - 4,278 7,868 5,867 18,013
Net realized gains (losses) on fixed maturities - - 148 467 615 - (187 ) 428
Other income (loss)   1,147       -       (152 )     72       1,067       -       239       1,306  
 
Total revenues 57,668 109,737 22,994 22,223 212,622 19,938 17,957 250,517
 
Net losses and loss expenses 36,464 66,215 12,085 9,959 124,723 - - 124,723
Claims and policy benefits - - - - - 14,332 - 14,332
Acquisition costs (1,402 ) 17,463 1,224 3,152 20,437 193 - 20,630
Interest expense - (497 ) - - (497 ) (383 ) 4,819 3,939
Foreign exchange (gains) losses - - - (3,510 ) (3,510 ) - 34 (3,476 )
General and administrative expenses   5,129       7,524       7,756       4,721       25,130       694       18,459       44,283  
Total losses and expenses 40,191 90,705 21,065 14,322 166,283 14,836 23,312 204,431
                             
Income (loss) before taxes $ 17,477     $ 19,032     $ 1,929     $ 7,901     $ 46,339     $ 5,102     $ (5,355 )   $ 46,086  
 
Loss Ratio (a) 72.9 % 67.9 % 56.5 % 47.7 % 65.7 %
Combined Ratio (b) 80.3 % 93.6 % 98.4 % 85.5 % 89.7 %
 
SCHEDULE OF SUPPLEMENTAL UNDERWRITING DATA–THREE MONTHS ENDED MARCH 31, 2008 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Year to Date Segment Information: Property & Casualty   Life & Annuity   Corporate   Consolidated
Bermuda/Dublin
Insurance   Reinsurance   U.S. Specialty   Max at Lloyd's (c)   Total   Reinsurance
 
Gross premiums written $ 73,204 $ 203,425 $ 29,352 $ - $ 305,981 $ 653 $ - $ 306,634
Reinsurance premiums ceded   (45,391 )     (39,252 )     (19,902 )     -       (104,545 )     (131 )     -       (104,676 )
Net premiums written $ 27,813     $ 164,173     $ 9,450     $ -     $ 201,436     $ 522     $ -     $ 201,958  
 
Earned premiums $ 91,791 $ 100,614 $ 16,582 $ - $ 208,987 $ 653 $ - $ 209,640
Earned premiums ceded   (49,213 )     (13,597 )     (10,887 )     -       (73,697 )     (131 )     -       (73,828 )
Net premiums earned 42,578 87,017 5,695 - 135,290 522 - 135,812
 
Net investment income 4,055 9,885 1,935 - 15,875 9,805 23,946 49,626
Net losses on alternative investments (2,000 ) (6,485 ) - - (8,485 ) (10,369 ) (6,873 ) (25,727 )
Net realized gains on fixed maturities - - - - - - 1,432 1,432
Other income   1,066       -       -       -       1,066       -       157       1,223  
 
Total revenues 45,699 90,417 7,630 - 143,746 (42 ) 18,662 162,366
 
Net losses and loss expenses 31,111 58,637 3,854 - 93,602 - - 93,602
Claims and policy benefits - - - - - 14,955 - 14,955
Acquisition costs (846 ) 9,964 342 - 9,460 152 - 9,612
Interest expense - 3,043 - - 3,043 2,491 6,423 11,957
Foreign exchange losses - - - - - - 12 12
General and administrative expenses   5,280       6,606       5,193       -       17,079       611       7,018       24,708  
Total losses and expenses 35,545 78,250 9,389 - 123,184 18,209 13,453 154,846
                             
Income (loss) before taxes $ 10,154     $ 12,167     $ (1,759 )   $ -     $ 20,562     $ (18,251 )   $ 5,209     $ 7,520  
 
Loss Ratio (a) 73.1 % 67.4 % 67.7 % 69.2 %
Combined Ratio (b) 83.5 % 86.4 % 164.9 % 88.8 %
 
(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.

(c)

The results of operations for the Max at Lloyd's segment are consolidated only from the November 6, 2008 date of acquisition.

MAX CAPITAL GROUP LTD.

       
 
SCHEDULE OF SUPPLEMENTAL PREMIUM DATA–THREE MONTHS ENDED MARCH 31, 2009 (Unaudited)
(Expressed in thousands of United States Dollars)
 
Gross Premiums Written by Type of Risk: Three Months Ended March 31, 2009 Three Months Ended March 31, 2008

Gross
Premiums
Written

Percentage of
Total Gross
Premiums
Written

Gross
Premiums
Written

Percentage of
Total Gross
Premiums
Written

Property & Casualty:
Bermuda/Dublin Insurance:
Aviation $ 6,185 1.4 % $ 3,199 1.0 %
Excess Liability 34,648 8.0 % 33,915 11.1 %
Professional Liability 32,441 7.5 % 25,501 8.3 %
Property   14,408 3.3 %   10,589 3.5 %
87,682 20.2 % 73,204 23.9 %
Bermuda/Dublin Reinsurance:
Agriculture 87,666 20.2 % 84,992 27.7 %
Aviation 4,159 0.9 % 5,821 1.9 %
Excess Liability 18,141 4.2 % 5,212 1.7 %
Marine & Energy 9,078 2.1 % 6,455 2.1 %
Medical Malpractice 36,393 8.4 % 32,175 10.5 %
Other 1,866 0.4 % 3,088 1.0 %
Professional Liability 9,711 2.2 % 12,263 4.0 %
Property 42,181 9.7 % 41,456 13.5 %
Whole Account 4,375 1.0 % 5,213 1.7 %
Workers' Compensation   19,412 4.5 %   6,750 2.2 %
232,982 53.6 % 203,425 66.3 %
U.S. Specialty:
General Casualty 18,943 4.4 % 8,472 2.8 %
Marine 14,781 3.4 % 4,370 1.4 %
Property   35,109 8.1 %   16,510 5.4 %
68,833 15.9 % 29,352 9.6 %
Max at Lloyd's:
Accident & Health 12,410 2.9 % - -
Financial Institutions 3,824 0.9 % - -
Professional Liability 2,785 0.6 % - -
Property   25,160 5.8 %   - -  
44,179 10.2 % - -
       
Aggregate Property & Casualty $ 433,676 99.9 % $ 305,981 99.8 %
 
Life & Annuity:
Annuity $ - - $ - -
Health - - - -
Life   597 0.1 %   653 0.2 %
 
Aggregate Life & Annuity 597 0.1 % 653 0.2 %
       
Aggregate P&C and Life & Annuity $ 434,273 100.0 % $ 306,634 100.0 %

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 March 31
  2009     2008  
 
Net income $ 44,539 $ 7,749
Net realized gains on fixed maturities, net of tax (285 ) (1,428 )
Foreign exchange gains, net of tax   (2,544 )   -  
Net operating income $ 41,710   $ 6,321  
 
Net income per diluted share $ 0.78 $ 0.13
Net realized gains on fixed maturities, net of tax (0.01 ) (0.02 )
Foreign exchange gains, net of tax   (0.04 )   -  
Net operating income per diluted share $ 0.73   $ 0.11  
 
Weighted average shares outstanding - basic   56,637,291     56,839,896  
Weighted average shares outstanding - diluted   57,183,826     60,002,077  
 
 
Annualized Return and Annualized Net Operating Return on Average Shareholders' Equity
(Expressed in thousands of United States Dollars)
 
Three Months Ended March 31
  2009     2008  
 
Net income $ 44,539 $ 7,749
Annualized net income 178,156 30,996
 
Net operating income $ 41,710 $ 6,321
Annualized net operating income 166,840 25,284
 
Beginning shareholders' equity $ 1,280,331 $ 1,583,894
Ending shareholders' equity   1,262,862     1,511,557  
Average shareholders' equity $ 1,271,597   $ 1,547,726  
 
Annualized return on average shareholders' equity 14.0 % 2.0 %
Annualized net operating return on average shareholders' equity 13.1 % 1.6 %

MAX CAPITAL GROUP LTD.

                 
 
SCHEDULE OF SUPPLEMENTAL INVESTMENT DATA–THREE MONTHS ENDED MARCH 31, 2009 (Unaudited)
 
Selected Investment Return Data:
 
Fair Investment Credit Fair Ratings
Value* Distribution Rating Value* Distribution
 
Cash and Cash Equivalents $ 955,577   19.0 %
U.S. Government and Agencies (1) $ 962,470 27.7 %
U.S. Government and Agencies 385,561 7.6 % AAA 1,296,639 37.3 %
Non-U.S. Government 613,519 12.2 % AA 298,666 8.6 %
Corporate Securities 1,428,150 28.4 % A 753,232 21.6 %
Other Corporate Securities 38,476 0.8 %

BBB

128,906 3.7 %
Asset and Mortgage-Backed Securities 726,853 14.4 % BB 22,209 0.6 %
Collateralized Mortgage Obligations   288,348   5.7 % B or lower   18,785   0.5 %
 
Fixed Maturities   3,480,907   69.1 %   3,480,907   100.0 %
 
Periodic Rate of Return
Last Year Last Last
3 Months to Date 12 months 60 months**
 
Cash and Fixed Maturities $ 4,436,484   88.1 % (0.41 %) (0.41 %) 2.77 % 3.69 %
 
Convertible Arbitrage $ - 0.0 % 16.99 % 16.99 % 2.72 % (0.83 %)
Distressed Securities 85,883 1.7 % (0.25 %) (0.25 %) (19.14 %) 6.91 %
Diversified Arbitrage 44,769 0.9 % 0.25 % 0.25 % (31.44 %) (4.06 %)
Emerging Markets 32,651 0.6 % 0.18 % 0.18 % (30.66 %) 4.05 %
Event-Driven Arbitrage 69,134 1.4 % 2.99 % 2.99 % (29.30 %) 4.55 %
Fixed Income Arbitrage 28,504 0.5 % 9.66 % 9.66 % 15.63 % 11.02 %
Global Macro 73,587 1.5 % (0.16 %) (0.16 %) (5.70 %) 4.17 %
Long / Short Credit 19,309 0.4 % 2.98 % 2.98 % (12.24 %) 4.45 %
Long / Short Equity 226,610 4.5 % 4.05 % 4.05 % (3.86 %) 4.40 %
Opportunistic   14,039   0.3 % (3.43 %) (3.43 %) (41.96 %) 4.66 %
 
MDS *** 594,486 11.8 % 2.00 % 2.00 % (15.95 %) 2.62 %
 
Reinsurance Private Equity   4,999   0.1 % 12.32 % 12.32 % 14.60 % 10.41 %
 
Alternative Investments $ 599,485   11.9 % 2.06 % 2.06 % (15.83 %) 2.07 %
 
Total Investments $ 5,035,969   100.0 % 0.06 % 0.06 % (3.53 %) 3.68 %
 
 
Alternative Investment Return Data ****:
 
HFRI Fund of Funds Composite Index (2) 0.47 % 0.47 % (17.51 %) 1.37 %
 
MDS Performance History **** – 60 months ended March 31, 2009
Annual standard deviation 6.82 %
 
Monthly performance 2004 2005 2006 2007 2008 2009
January 0.16 % 2.75 % 1.28 % (1.37 %) 2.13 %
February 1.69 % 0.39 % 1.50 % 1.83 % 0.65 %
March (0.61 %) 1.22 % 1.90 % (2.58 %) (0.76 %)
April 0.03 % (0.65 %) 1.89 % 2.30 % (0.13 %)
May (0.87 %) (0.68 %) (1.74 %) 2.59 % 2.51 %
June 0.70 % 1.20 % (0.66 %) 0.85 % 0.93 %
July 0.03 % 1.33 % (0.71 %) 0.99 % (4.12 %)
August (0.02 %) 0.98 % 0.02 % (1.62 %) (2.14 %)
September 0.04 % 1.84 % (2.04 %) 1.85 % (7.31 %)
October 1.04 % (1.45 %) 1.37 % 4.15 % (4.85 %)
November 2.54 % 0.61 % 1.81 % 0.10 % (1.75 %)
December 1.74 % 1.37 % 1.96 % (0.13 %) (1.92 %)
 
Quarterly performance
Q1 1.22 % 4.41 % 4.75 % (2.15 %) 2.00 %
Q2 (0.15 %) (0.14 %) (0.54 %) 5.83 % 3.33 %
Q3 0.06 % 4.21 % (2.72 %) 1.18 % (13.03 %)
Q4 5.41 % 0.51 % 5.22 % 4.11 % (8.31 %)
 
Period return 5.31 % 5.88 % 6.30 % 16.78 % (19.38 %) 2.00 %
 
Past performance should not be considered to be a reliable indicator of future performance.
(1) Included within U.S. Governments and Agencies are Agency Mortgage-Backed Securities with a fair value of $576,909
(2) As reported by HFRI as at May 1, 2009
* Expressed in thousands of United States Dollars
** Annualized
*** Net of all fees
**** The percentages shown under the alternative investment return data relate only to the performance of our alternative investments held by MDS.

Source: Max Capital Group Ltd.

Max Capital Group Ltd.
Susan Spivak Bernstein, 1-441-293-8800
Senior Vice President
susan.spivak@maxcapservices.com
or
Kekst and Company
Roanne Kulakoff, 1-212-521-4837
roanne-kulakoff@kekst.com