Kemper Corporation (KMPR) Earnings Call Transcript & Summary

August 10, 2021

New York Stock Exchange US Financials Insurance conference_presentation 47 min

Earnings Call Speaker Segments

Brian Meredith

analyst
#1

Good afternoon, everybody, and welcome to the UBS Financial Services Conference. My name is Brian Meredith, and I am the insurance analyst here at UBS. It gives me great pleasure in presenting our next fireside chat here in the insurance area. We've got Kemper Corporation with us. And from Kemper, we've got the Chairman, President and CEO, Joe Lacher; and we've got Jim McKinney, who is the EVP and Chief Financial Officer. I'm going to go through and ask a number of questions. In addition to that, you have the ability to ask questions yourself via the website. [Operator Instructions]

Brian Meredith

analyst
#2

And with that, let's get started here. Let me start off with our first question here. Let's start off with the topic of the day, topic of the quarter and what happened in the specialty personal auto business with the second quarter. If you looked at your adjusted underlying combined ratio, 107.8% in the second quarter, but that did include some current year development. So as we think about it, what's kind of the right baseline that we should be thinking of to improve upon?

Joseph Lacher

executive
#3

Yes. I think you hit the question the right way, Brian. We would point to the 6-month underlying combined ratio. That takes the intra-year development out. Without looking at that, you'd be off. I do think the numbers you were referencing were private passenger auto, not the whole bucket. So we'd start and point to the specialty.

Brian Meredith

analyst
#4

Yes. [indiscernible] personal, yes.

Joseph Lacher

executive
#5

We'd point you to the Specialty P&C and say, look at the 12-month -- I'm sorry, the 6-month number, and that's the right one to start as a jumping off point without the prior year impacts.

Brian Meredith

analyst
#6

Got you. So kind of going on from that, claims frequency up 45% to 50%. So how much is claims frequency up from the same period in 2019? And what do you see as kind of the long-term trend right now?

Joseph Lacher

executive
#7

Claim -- and again, you're asking the right question, measuring it off of 2020, there's a wonky base effect going on there. It's probably up in the neighborhood of 3% from 2019. What I would tell you is that's sort of a good way to look at it. There's a couple of things going on underneath that. We think that there's typically 1%, 1.5% frequency uptick in a given year that's largely driven by the population. So '19 to '21, you get 2 years of that. That gets you in that zone. I think it's a reasonable pick to see. We're seeing that the losses -- the loss frequency or the types of losses are a little different. This shouldn't shock anybody. There's almost no part of our economy that when you look at the pre-pandemic to the post pandemic, that's running exactly the same. Just because we're not in lockdowns anymore and people are back out and about, you're not seeing a mirror reflection of the down and the up. The miles driven are up a little bit per trip. The time of day has shifted a little bit. The average speed has shifted a little bit. And the simplest way I can describe it is in an old traditional environment where you had a big chunk of people that went to work every day, they left in the morning, they drove in rush-hour traffic. They got to the office and they didn't leave till the end of the day where they drove home in rush hour traffic. Those trips made have been shorter they were at slower speeds because you were in rush hour, there wasn't something going on in the middle. Now with those same people, many of them working from home, they might run a couple of errands in the middle of the day. So they might be on the road at different hours of the day. Because there's not rush hour traffic, they're driving a bit faster. They might take a slightly longer trip because they ran that errand. And if you're driving at 10 miles an hour versus 35 miles an hour, you're going to wind up with a different severity of the accident. So the frequency number is a good one to match. It's generally in line with what we'd look at from a population and a regular sort of frequency uptick when you take 2 years combined, but they're a little different.

James McKinney

executive
#8

I think what I would add on, Brian, is for folks who are trying to kind of reconcile our frequency trends to maybe what would be the broader national averages, you're going to see some differences because the population growth rates across the country is just not commensurate with what the population growth rates are, quite frankly, in the territories that are our largest, so that being California, Florida and Texas. You continue to see significant population growth rates there versus kind of what the national average. So while you might be down from a national perspective, those areas actually have a little bit of a different trend, and we remain in line with the trend that you would see in those markets.

Brian Meredith

analyst
#9

Do you think the trend there is maybe a little elevated? Because it seems like -- I mean, I know where I am, it seems like everybody has been spending COVID in Florida -- you know, [indiscernible] the Northeast.

Joseph Lacher

executive
#10

I think there's an uptick in those geographies for a couple of reasons. One, the population is growing faster than the rest of the U.S. So that's just -- there's just more bodies there. And two, you're finding a lot of people who were spending 2 months there or 3 months there or they're renting the house there. One of the things that typically you'll see and -- when you look at usage-based or attribution of risks or accidents, you're likely to have a higher number of auto accidents right after you've moved. That's not because you became a crummy driver, but it's because you're learning a new geography. You're learning which intersections are tough intersections, where is the store. You might be checking a map more often. You might be checking your Google Maps or Waze or something more often, where once you've lived in a place for a certain while, you just know where these things are and you work around it. You've introduced a learning process, which results in some minor uptick in accidents. So to the extent that we've been concentrated in geographies, even if our insureds aren't the ones who had that experience, the tourists, if you will, even if they were 2- or 3- or 4-month tourists or the newcomers, are experiencing that, and they hit whoever is on the road. So there's some element of that, that's increasing as a result. And that, I think, normalizes itself over time.

Brian Meredith

analyst
#11

Now, does your demographic mix of business have any effect relative to the rest of the industry, at least in the near-term, short-term time frame?

Joseph Lacher

executive
#12

It does a little bit. Just because you're a specialty auto customer doesn't mean you're blue collar versus white collar. It doesn't mean -- it's not an automatic requirement. But as a general rule, our customer base tends to be a little more working class. Their jobs were less likely to be remote working. So in the early days of the pandemic, Specialty Auto saw less frequency decline than, say, a preferred auto space because many of those folks were still -- whatever the job was, maybe they were landscapers, maybe they were working in a grocery store, maybe they were they were doing things that had them out and about more so they didn't get all the frequency benefit. When people started coming back to work and coming back out, they were already out. So when you might see a really big pop in a preferred because they weren't doing anything and now they're doing something, but we also saw an uptick in that frequency because the roads are more congested. And the ability of our group as -- on average, is a little less to be able to be hybrid and remote.

Brian Meredith

analyst
#13

Got you, which makes some sense because if you look at some of the other preferred writers that have reported this quarter, they're still talking about claims frequency 20% below 2019 levels. And you guys are saying, we're basically there, right, and back.

Joseph Lacher

executive
#14

And again, that doesn't shock me because if there's a certain percentage of the population that's still working hybrid, and they had a greater percentage of that population and we have it disproportionately less, you're going to see that. And many of them have their books in places where the population is actually declining. So fewer people -- and even if the population wasn't declining, you've got perhaps folks who were living in the New York metropolitan area who rented a house in Florida for 4 months. Well, not -- even if they're out a little more, they're not out in New York. So you're getting -- if they had an accident, that would go towards that preferred carrier, but everybody else in the New York area saw an effective population decline even if the resident didn't leave. So they didn't see the same uptick. And when those folks go back from Florida to their house, you'll see that ripple through.

Brian Meredith

analyst
#15

Got you. Got you. Interesting. So let's flip over to the severity side of things. You talked about 8% to 10% severity. What is driving the severity? And kind of what are your assumptions on how long this is going to last for the inflationary trends and stuff?

Joseph Lacher

executive
#16

Yes. Great question. I'm going to expand it slightly because what we've seen is some folks misunderstand a little bit. They heard most carriers at the beginning of the pandemic describe a frequency decline and then said severity went up because people were driving maybe a little COVID-crazy. They were a little faster, a little more reckless because people weren't on the road. And because the largest -- on a weighted average basis, most of the claims that dropped out were small claims. So the weighted average severity went up. Many people instinctively say, "Why doesn't the reverse happen?" Okay. Maybe the COVID-crazy driving went back to normal. You've added some more of the smaller losses that came back in. So that might reverse itself. But what happened after that is, I already talked about this, the time of day change from people drove, the average length of trip changed, the average speed changed because there are people who are now working hybrid are doing things in the middle of the day. That meant those tiny fender benders, some of them were replaced with slightly larger accidents. So when you re-mixed, you didn't mix with the smallest. You mix with 1 or 2 steps up. That pushes the average severity up. Then the last piece is the world didn't go back to the pre-pandemic supply chain. There were a certain number of rental cars pre-pandemic. All the rental car companies have smaller fleets. As a result, the cost per day is up in rental cars. The body shops may have fewer employees, and it's harder to get employees back. So it takes another day or 2 to repair a car. Well, maybe there's a storage fee at the body shop. Maybe it's 2 more days of rental car expense at that higher cost. There's chip shortages. There may be a problem getting containers on ships. And as a result, the headlight for this particular vehicle is late getting back into the country. All of those labor costs, supply chain issues, all of those things are driving some piece of severity up. We also saw -- I think much of the industry has been talking about social inflation. We have generally described that, with our lower-limit policies, most of the time, the attorneys were looking at that and saying, "You know what, that's not worth working those policies over because there's not a lot of ROI for me." A lot of them said, seem to behaviorally, it appears, that with fewer auto accidents to work from, they still had a certain staff and they were looking for things to do. The ROI made more sense for them to go to smaller limit policies. So we started to see an uptick in that social inflation that others had experienced that hadn't sort of worked its way into Specialty Auto. We're seeing it work more into those lower-limit policies.

Brian Meredith

analyst
#17

Got you. Do you think that's temporary?

Joseph Lacher

executive
#18

I don't know whether that stays. I don't know. It may be temporary. My instinct tells me that somebody is still going to do the ROI and going to conclude that they're working really hard for not a lot of dollars. But I'm not in that spot. I don't know exactly how the math works on the trial attorney side of the house. I know it doesn't do a lot for consumers. What it does is it adds cost to the system that doesn't usually end up in insured's pockets. It ends up in a trial lawyer's pocket and then ultimately drives cost up in premium. So it's not a social good in the process. I don't know where it ends up. To your -- your full question was how long does this occur? I think the mix change of people driving midday or driving maybe longer trips, more speed, my guess is that's going to be a little more like a permanent change. I think we're going to wind up with more hybrid work environment. I think we're going to wind up with a lot of those changes that will be here for a while. They may not -- I don't think we're ever going to go exactly back to normal "pre-pandemic normal." And if we do, it's going to be over a gradual pace. So I think the mix of types of losses will stay. I don't know what's going to happen on social inflation. We're going to assume that it stays there. And the supply chain issues, I think, are going to be here for a while. I think it's -- I haven't read anywhere where anybody thinks that the sort of the global pandemic vaccination rate and the global problems with shipping are going to be back to normal in under 9 or 12 months. I don't think -- importantly for us, if it's in that 8% to 10% range, what causes us angst is when it changes quickly and it changes by a large order of magnitude. Going from 0% to 10% in 2 months, big challenge. Going from 10% to 20% in 2 months, a big challenge. Staying at 8% to 10% for 12 months and being relatively consistent, not ideal, but we actually -- if we can somewhat forecast it, we can manage that. We can work it into pricing issues. We can work it into how we run and operate the business. It becomes a relatively consistent and stable environment. It takes us a number of quarters to work it in, but it's manageable.

Brian Meredith

analyst
#19

Got you. And on that, I'm just -- how are you booking this stuff? Are you assuming that this inflationary environment stays with us for a while when you kind of book your loss picks?

James McKinney

executive
#20

We have to date in terms of our assumptions, and that's one of the elements that led to a little bit of that Q1 intra-year development, if you will. We had an initial kind of expectation, if you listened to the Q1 call, closer to kind of a 6- to 8-point type severity trend range. We could see the severity or the pressures occurring in the supply chain at that point in time. It was an area that we spent some time on the call talking about trying to highlight this to folks' attention. What we learned in the quarter, though, that brought that forward and further kind of moved us to that 8 to 10 range was less about lockdowns in terms of people's behaviors, driving patterns, more about incremental per capita mortality impact. And once you saw the impact that vaccines had, ability to treat, other elements, and you saw those rates plummet in terms of the impact that it was happening on per capita of rates, you saw people come back and their behaviors migrate more to norms or whatever the new norm is going to be very, very quickly. So once people had a certain level of comfort, and they thought they were maybe dealing with something that would have more of an impact like a flu and that they would work through it, I'm not saying that's what this is, I'm just highlighting a trend, you saw a much quicker return to a normal behavior pattern. And that's despite what's happening either for lockdowns or other elements. It's -- from what I've seen so far, it's really about that incremental mortality rate and how that's changing that drives human behaviors around it.

Brian Meredith

analyst
#21

Got you. Got you. So you're booking it, though, that you're assuming it's going to be around for a little bit longer, the inflationary environment.

James McKinney

executive
#22

Yes, we're booking with an assumption at this stage that it's basically here for the year.

Brian Meredith

analyst
#23

Good. Okay.

Joseph Lacher

executive
#24

And that's appropriate. That's part of the reason we had the prior entry year development. If there's an open claim, we're looking at what we think the ultimate severity will be on those claims and what will happen. And many times, we know the claim's here but we're going to settle it somewhere out in the future. So we need to be putting up the number for the ultimate. Our sense is, Brian, that we've been out in front of the issue and we've been spotting the trend early and then responding to it. We talked about it in the -- in our first quarter call that we saw it coming. To Jim's point, it came more rapidly than we thought it was going to come because people got out and about more quickly. And because they were out and about more quickly and the accidents happen more quickly, that put more stress on the supply chain, which then pushed the inflation up faster as you depleted the shelves, so to speak. And we were describing it as a third and fourth quarter issue. It came in quicker. And so we're going to respond accordingly with every lever, whether it's booking our losses or what we do with underwriting or what we do on pricing or what we do with any other lever we have to manage through the issue.

Brian Meredith

analyst
#25

Yes. Let's follow up on that a little bit here. So you talked about 2 to 4 quarters for this to kind of get back to your mid-90s combined ratios. Typically 1 to 2 quarters, you can reprice pretty quickly. One, how receptive are regulators right now to kind of letting you take that rate? And is that the reason? And also, as you kind of said, what are the levers can you pull here to improve margins on your business without necessarily getting that rate?

Joseph Lacher

executive
#26

Yes. So there's 3 or 4 things under there. One, let me start with sort of a bogey. I think we're talking about not necessarily mid-90s, but we should be thinking in that 97%, 98% range. That's probably the math you do if you got back to a 10% to 12% ROE. So I start with that view. The second piece is what are the levers that we have? One lever is pure base rate. We can change the rate filings. In many of our companies, we have multiple pricing tiers that you move between the pricing tiers for underwriting reasons. We have the ability to change the underwriting rules in those, which, when you move to a different tier, it moves you to a different rate level. So there's the 1.0 rate. There's the 1.05, the 0.95. And there's different underwriting criteria that move you back and forth. We have the ability to adjust those relatively quickly. We have billing plan options that we have at a very granular level. If we decided that males under the age of 35 with an accident, if our data showed that they were running a very hot combined ratio, we could change the billing plan to make it 100% down rather than a 1 month down. That's likely to cause certain of those customers to say, "You know what? I might be willing to pay a higher premium somewhere else to get a better cash flow dynamic." That has an impact on sort of the mix of customers that we wind up with. All of those things -- we can do all of those very quickly and very locally, we are doing those, and we'd expect that. The last piece is regulators -- or the second to last piece, excuse me, is regulators' receptivity. Regulators are very thoughtful, but they have a set of competing priorities. On one hand, they're worried about carrier solvency. They want to make sure you have enough dollars that you're there to pay all the claims to the policyholders. On the other hand, they're worried about affordability and don't want insurance companies to be making sort of a user reset of returns. They want a fair return for the customers and a fair return for the companies, and they're trying to find a balance between the [ 2 ]. Also, the biggest problem they sometimes have is an availability problem. If they get too out of balance on affordability and solvency or making sure the rates are high enough, the -- what a company will do is if they're running a 110% combined ratio, they just stop writing. And if you get enough of them, now we have an availability problem. When regulators are looking at -- and they're looking at filing, all of us file our rates and we use our historical experience and our projections of forward loss trend. 3 months ago, we were all dealing with a big period of COVID, low frequency, lower severity period of what some might describe as increased profitability. And we thought there was frequency and severity coming but it hadn't been seen yet. That's difficult from a regulator's perspective to be certain that's coming. What's happening now is that frequency and severity is here. It's impacting open losses. It's moving very rapidly. It's very visible. Most regulators will look at the last 12 months and say, "That was an anomaly." We shouldn't wait that heavily. And they're going to look at the speed of the rising loss trend and say, "We don't want to have an availability problem or a solvency problem." I'm not suggesting we have a solvency issue, but that's the way -- those are the words a regulator would use. They want to avoid those 2 issues. So my sense is they're going to be more amenable to the fact of needing to respond around it because the data shows that it's there. Now we haven't been through all of the different geographies and all of the different regulatory environments. And -- but my sense is you're going to have most of us in the industry with a similar point of view. Some will be at the front of the line because we see it quicker. Some will be in the middle or the back of the line because we've seen it later but it's not going to be 3 or 4 months before everybody is seeing the same stuff. They're just going to recognize it a little later.

Brian Meredith

analyst
#27

Got you. Got you.

Joseph Lacher

executive
#28

Can I give you one more? The fourth piece is the last piece, which I think is actually probably the most important for people to digest and understand. There is a pace with which, in a stable environment, you can move and fix the profitability. Who here right now is certain how fast the global supply chain is going to open up and whether or not there's going to be any more push from a severity perspective? Who here can tell me right now if we're going to see lockdowns further imposed as the Delta variant runs or if we're going to see people when the FDA puts emergency use, takes that off the label, if companies are going to mandate vaccines, then they're going to push people back into the office. If you see people pushed back into the office faster, and we might even see a little bit more pop in frequency and you see a push in the supply chain problems, we could see combined ratios still go up a little bit. If you see people go back into a little bit of a lockdown mode and you see the supply chain catch up, we're going to see a little bit of help. None of those have anything to do with what any company does on underwriting or pricing. There's probably at least a 3- or 4-point margin of -- combined ratio point margin of motion that we could see over the next couple of quarters that are purely environmental. And depending on where you project the number to be, you may get too much rate and too much underwriting help or you may get too little. And there's only so much a regulator is going to let you get right now, so if you go to the point where you're pushing sort of where the edge of the regulators will let you get and you get a little bit more environmental deterioration, things could actually get a little worse before they get better. I'm not telling you which way it's going to go. What I'm actually telling you is if you sat down with almost any economist, anybody who looks environmentally, you're going to find a range around that, and people should be doing the math. This is us putting the -- like the surgeon general's warning label on the cigarettes, exactly what we did at the first quarter when we said we expect a supply chain issue working. There's some range around that, that's environmental in nature that it's going to take a couple of quarters to know how it's playing out.

Brian Meredith

analyst
#29

Right. Like you said, it could get a little worse, it could get a little better. We just don't know. It makes a lot of sense.

James McKinney

executive
#30

And the error bars around that are much more than what they normally are and the options that you have to navigate that are more limited than what they normally would be. I think it's the big call out.

Brian Meredith

analyst
#31

So let me pose this question then. If there is this uncertainty as far as what the environment is going to look like here going forward, you guys are still driving for market share growth. I mean we saw 13% organic growth in the quarter despite this kind of uncertainty. Why is this a good time right now to take market share? And how much of the growth you're putting on potentially hurting your profitability here?

Joseph Lacher

executive
#32

So let's back up and dismantle that a little bit. The 13%, I think you're picking up premium. Okay. If we -- if -- what somebody did is he said, "I've got 2% less PIF, and I took 15 points of rate." that's premium market share growth, but it's not unit count market share growth. And what it is, is you're doing a dramatic price difference. I think the right thing to look at is to start with PIF growth, which was on the order of 5%. Now remember, when you look across our states, we're in states where the population is growing, a couple, 3%. If the population is growing 3% and we grew 5% on a PIF basis, that's not a lot of market share growth. That's a little bit of market share growth, when you're talking about it on a unit basis in terms of what's there. Then what I would tell you is -- and I don't want to -- I'm not opining on the accuracy of Progressive's numbers, but they're the only one who gives monthly numbers. So it helps us all sort of see a temperature. If you take the -- their April, May and June results, you can see the deterioration. There wasn't much there in April, then it started in May, then it really popped in June. Okay. When we work our growth and we make those trades every day, the trades we were making in March affected April. The trades we were making in April affected May. The trades we were making in May affected June. So you would have expected that the information through April affected 2/3 of the quarter that was reflective of a less challenging profitability environment. I've made comments that we're not going to take our foot off the gas. I want to help clarify them. What I mean by that is, as a team, we're going through the same granular conversation we do in a product management base in each local geography, and we're looking at the trades of the profitability of the book of business we're adding and the individual sells in the rating component. If we think it's an attractive good long-term ROE trade, we're right in it. If we think it's not, we're tightening the underwriting, we're tightening the pricing. We're doing whatever we can to move it into that category. And if there's nothing we can do to move it into that category, we're slowing the acquisition. My guess is that puts a little growth pressure on us in the next quarter or so. My guess is because I think we're earlier to solving the problem, we're going to get that tuned where we think it's more appropriate more rapidly. And then what you're going to see is when others are saying, "Oh, shucks, I'm off," and they start tightening their underwriting and tighten their pricing, our hope is that we're already there with the catcher's mitt waiting to catch the volume because we've already made the profitability adjustments to be appropriate. So I would expect some modest slowing, probably not to negative, but some modest slowing in the next quarter, 2. And then I would expect us to be healthier faster than most of the industry. And when they're losing weight, that should be an opportunity for us to pick up the share. We're going to be very thoughtful capital allocators, and we're going to be very thoughtful measures of what's coming in the funnel. And is it generating the appropriate long-term return? And can we apply the right penicillin to get it there? And if we can't, we're going to try to keep it out of the funnel.

Brian Meredith

analyst
#33

Got you. That makes sense.

James McKinney

executive
#34

And Brian, one thing that I would just highlight or add on to kind of what Joe was highlighting, our growth that Joe's referencing is obviously very strong, but it still kind of at the lower end of what our normal kind of range is. And so while we navigate this environment and continue to work through it, when you think about that overall growth story or other, if the return to -- the normal return for applications and desire continues to kind of build to what our normalized level would be, even though we're taking actions and being more restrictive or other, there is some of that, that provide -- that's kind of a tailwind against or the counter or some of the things that we're doing that would normally have a little bit of an impact on growth. And so while I think growth as a whole, to Joe's point over this time, it would surprise me if we posted record growth numbers for us. I mean that would be unusual in terms of what we're thinking. It would not surprise me if we continue to take a little bit of market share. It'd be disciplined market share if that comes through. Wouldn't be intended because we're starting with what's appropriate for market access and making sure that we're balancing all the needs of our stakeholders. But just given how that funnel and the amount of business that has been coming into that funnel, there's the potential that you'll see a little bit of that in an unusual way relative to maybe other periods that you would have worked through.

Brian Meredith

analyst
#35

Makes sense. I guess one other just quick one here. American Access yields all just kind of acquired. Are you seeing similar trends at American Access with respect to frequency, severity? Is that something that we could see a little bit of a surprise here next quarter or 2 as you kind of get that integrated?

Joseph Lacher

executive
#36

We're seeing consistency in frequency and severity. I don't anticipate you're going to see a surprise from that. We were thoughtful about reviewing all the data and information, booking that. We're thoughtful and working our claim organization and dealing with this. And we've got it worked into our product management organization. So we're using -- I keep using the analogy of penicillin. But we're -- we got it in the same doctor's office with the same penicillin and the same tools and the same analytics working through it. So it's not like we've got it hanging off separately on an island and nobody is talking to them and we'll see them in 6 months.

Brian Meredith

analyst
#37

That's good. Awesome.

James McKinney

executive
#38

I think the other thing is, and what drove some of that is just -- it's a little bit -- there are some of the elements that we highlighted in terms of some of the underlying BI or PIP elements that have kind of been out there, and we've seen some of the changes in patterns. The company is obviously not in Florida. You've got your primary underwritings in kind of Indiana, Arizona, Illinois. So there's a component of that where we're just looking at kind of that base of business. And so it has -- it's aligned with kind of all of our trends, but some of those things that are a little bit different and nuanced in this period, it's not quite as impacted by just because of where its regional or geographic exposure is.

Brian Meredith

analyst
#39

Amplitude is a little bit lower. Yes, I get it. That makes sense. So can we pivot just a little bit here? The reserve charge you took in the second quarter related to Florida tipped something that I'm getting questions about. Maybe provide kind of the rationale behind the charge and maybe a little bit on the court decision and what kind of led to the charge.

Joseph Lacher

executive
#40

Sure. Happy to. Look, overall, Florida, particularly South Florida, is a challenging environment. That's one of the reasons you really want to be a specialist there. It has a lot of competitors who aren't specialists opting to be out of that environment. The reason it's a great place to be a specialist is because of the challenging environment. So we're actually okay with that, and we know that sometimes those things are going to occur. So we expect them. In this particular case, Florida's PIP law, and I'm going to oversimplify and use an example, so this isn't perfectly precise, they had 2 standards in the law. One was effectively a fee schedule and then one was a limit to the maximum amount a provider could charge. The fee schedule was sort of the participating limit, and this was supposed to be what an insurance carrier pervade the provider. Let's make it up, let's say, that was $4,000 for whatever treatment it was. Then there was a limited amount that said the maximum that provider could charge was $4,200. The difference between the $4,000 and the $4,200 was $200 that they could charge the customer. So the limited amount was intended to make sure the customer didn't get gouged. The participating amount was to make sure that the fee schedule was what the company had to pay the provider. They were designed to be that way. It appears that Florida changed something in their law at one point. And however the drafting work, I'm not opining on Florida's legislative or anything else, but it appeared that the court found that, that sloppy drafting made it unclear which amount was to be paid. And a provider was arguing the insurance company should pay them the limited amount, not the participating amount. That's totally illogical when you understand what's going on. And it's about, in these cases, about $100 or $120 per claim is what it was. The issue becomes once that court ruling came out, we wind up with a choice. Do we go back and pay the extra $100 or $120 per claim? Or does a provider have the ability then to say, "You didn't pay me what you owed me. I'm going to sue you for it." And now we've got a bunch of litigation costs out of it. If we pay the limited amount, another provider might say, "You overpaid and you eroded the policyholders' limit. And because you've eroded the limit, the $120 wasn't available for me when I provided another service." So everybody is trying to figure out how they sue in the process. We started doing a set of calculus and said, "You know what, we think that paying the $120 and then figuring out how to appropriately, in those claims, make sure we haven't eroded a limit and navigate that, was a better answer than driving into litigation." Other carriers have said, "You know what, that's irrational. We don't think that was the way it was intended. We're going to fight it in court, and we're going to hope to get another decision that says you shouldn't pay limited. You should pay participating and then you get 2 out of 3 or you hope for the Supreme Court." But the longer these things stay open, the more you're going to get individual suits that you weren't dealing with what the court looked at. So what this becomes is different specialty carriers, different folks in South Florida tactically are deciding how they deal with this discrepancy. For us, we wrote about -- there's a 5-year statute of limitations open that covers these things. So in that time period, we wrote about $2.5 billion of premium. This is about $55 million of a charge. It's a de minimis number overall. It doesn't change our view on the accident year results of any of those periods that they're all well below our target profitability, and we feel very comfortable that we like Florida. We are happy with every policy we wrote as a result. Like we're -- we feel we -- it's still -- we're confident that an investor would say, "We wish you had grown more there," even after the decision. That's what hindsight would tell us. And then this is us making a tactical decision on what we think and what appears to be a court decision that's different than what would be a logical legislative intent when they're out of whack. What's the best imperfect answer to deal with in the short term when likely litigation is going to occur on anything we do?

Brian Meredith

analyst
#41

Makes sense. Let's pivot over. A quick question here, preferred auto. Is it achieving your target return?

Joseph Lacher

executive
#42

No.

Brian Meredith

analyst
#43

When do you think you can achieve this potentially? And is that really a good strategic fit for you all?

Joseph Lacher

executive
#44

It's not achieving our target return. I think the preferred business, we've said before is we've got a very strategic review focused on it. We're looking to enhance its ability to have a sustainable competitive advantage and focus it in a place that really does have some level of specialization in that market. That process was disrupted in a COVID environment and slowed in a way that we're not thrilled about but was slowed logically, and we're continuing to work it and deal with it. And it seen all of the challenges that the rest of the market has seen on COVID, and it's done it from a less strong position than some other players. So it gets a little more wobbly. And we're continuing to work it aggressively and still have the same point of view that if it's not done with what would be a reasonably foreseeable time period, we're going to have to think about it differently.

Brian Meredith

analyst
#45

Got you. Makes sense. Here's another question, Joe, I get a lot from people when I talk about your company. And that is what's the right ROE target for Kemper, right? And they come back to me and I said, "Well, Joe talks about double digit, right? What's double-digit mean?" And they said, "Well, I look at Progressive, a high-teens ROE. I look at Allstate, 15%, 16% return on equity." Why isn't that the right target for Kemper?

James McKinney

executive
#46

Yes. So I mean, I think those are great questions. There are a couple of different numbers that I might point you to because there's a difference in terms of how we each kind of achieved our end states or gotten to the current points that we're at. The first one is the 10% to 12% return on equity that we put out there. That's significantly above what our weighted average cost of capital. And when we -- basically, depending on the metrics and what we back into, outside of an ability on our end to maximize our ability to build claims, functions and things of that nature to maintain the quality of experience that may slow an engine of growth at times or not just in terms of maintaining our target offering, similar to what Progressive would look like in those areas. At that level, anything actually above that is basically decreasing what would be the present value of the future cash flows into the business. So while you might get happy with a short-term higher ROE, your true intrinsic value is going down as a result of that higher ROE base because you're effectively turning off growth that will have a renewal income stream that is substantially above what your cost of capital is. So while you can -- and the perfect example of where that really comes out is the difference in the Progressive versus Allstate comparisons. Both are very successful companies. But you see where Progressive has really been focused on maximize growth at 96% or better from that. As I imagine they went through similar calculus all, right? I don't know, but that's my guess. And the reality is that you compound those renewal cash flows and what they're in and the additional strategic value that they have to your business in terms of driver knowledge, behavior trends and other things. They more than compensate themselves on a risk adjustment. And as an investor, you're going to really want that just about any day of the week. The secondary component of that and that I would highlight to you, so that's kind of the first chunk, is the return on average tangible common equity. That's where we would much more closely align with Progressive and you would see kind of deltas. We have some goodwill that is a residual of effectively the Infinity acquisition. I would highlight that about, I think, $400 million of it is what I would call fake goodwill for a lack of a word. So when we agreed on our transaction, there is about $1.25 billion at that point in time. That's when we agreed to the exchange of tangible, right, property, right, against kind of future cash flows and their match. Post that, obviously, our stock price appreciated, as people came to value the synergies and the composition of the business and the strategic impact that we could have, right? But it's not like I actually created more equity or the shareholders who are with us on the both companies on that day, right, could actually fundamentally write premium or spend that in some way, right? So while it's true from an accounting perspective, and I'm not trying to argue with FASB or others about how you would account for that, that's not my goal. I'm just saying that would -- some of that appreciation and where they're going, it's not -- you can't really create cash. And if you were to try to optimize around that, you would effectively decrease the total cash flow inside the organization. And so that's why when we provide kind of our targets for that return on average tangible common equity, which tends to be in that 13% to 14%, and we've been closer to 16% to 20%, if you'd look, I have a feeling that those returns on that tangible and the return, I think those look very similar to Progressive. Like if anything, I think when you look at us, you'll see that we operate with much greater capital efficiency and underwriting leverage because of the mixture of our business, which enables us to continue to take profitable market share, do really good things for policyholders as well as do some really good things for our shareholders.

Joseph Lacher

executive
#47

That's why we point back, Brian, all the time to return on average tangible common equity and why we point back to the cash generation of the business because, at the fundamental level, that's really what's driving it. You can get some quirky stuff on the acquisition accounting around the ROE. And we think you get a much, much more appropriate view there. The folks who do the work and look underneath it usually find that they're really pleased with those results.

Brian Meredith

analyst
#48

That makes a lot of sense.

James McKinney

executive
#49

The crossover on the intent of that dilution, if cross not payback, crossover was inside a year. So if you remember that, right, like I just highlight that. That means we returned all the equity plus a return on that equity for that dilution, and then they had an entire business of cash flows to come in thereafter. And that tends -- we tend to try to be very thoughtful about that. So they're both receiving compensation. And then in addition to that, they're now receiving, because we hold ourselves accountable for that incremental $200 million that I would have suggested is kind of real goodwill throughout there, right? We hold ourselves accountable for that, and we can do returns. But they're -- not only did we go to that cash flow in our target. We actually -- for that component, we've actually increased our return on that going forward by 2 to 3 points effectively in terms of what that means to our shareholders. So there's been a nice reward, I think, for holders in terms of how we look at it and try to make sure we're doing the right things.

Brian Meredith

analyst
#50

Yes. They just need to recognize it right now again.

James McKinney

executive
#51

That would be great.

Brian Meredith

analyst
#52

Terrific. Well, listen, we're at the closing point here. We've been going back to 45 minutes of time. I want to thank you, Joe. Thanks, Jim, for all your time, really, really helpful in kind of walking through the situation here. And really, really appreciate all your time, and thank you for everybody for joining.

James McKinney

executive
#53

Thanks a lot.

Joseph Lacher

executive
#54

Thank you.

James McKinney

executive
#55

Appreciate it.

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