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W. R. Berkley Corporation Reports Third Quarter Results

Operating ROE 14.7%; Book Value per Share Up 9%

GREENWICH, Conn., Oct 26, 2009 (BUSINESS WIRE) -- W. R. Berkley Corporation (NYSE: WRB) today reported net income for the third quarter of 2009 of $98 million, or 59 cents per share, compared with a net loss of $28 million, or 17 cents per share, for the third quarter of 2008. Operating income for the third quarter of 2009 was $112 million, or 67 cents per share, compared with $103 million, or 63 cents per share, for the corresponding quarter of 2008. Operating income is a non-GAAP financial measure defined by the Company as net income excluding income and losses from investment funds and net investment gains and losses.

Summary Financial Data
(Amounts in thousands, except per share data)
Third QuarterNine Months
2009200820092008
Gross premiums written $ 1,096,740 $ 1,120,134 $ 3,299,559 $ 3,520,117
Net premiums written 969,329 996,333 2,901,713 3,145,447
Net income (loss) 97,722 (27,880) 174,763 240,815
Net income (loss) per diluted share 0.59 (0.17) 1.05 1.37
Operating income 111,746 102,546 328,972 391,283
Operating income per diluted share 0.67 0.63 1.97 2.23

Third quarter highlights included:

Commenting on the Company's activities, William R. Berkley, chairman and chief executive officer, said: "We were pleased with our third quarter results. Investment income increased by 15%, the combined ratio was 95% and the operating return on equity was 14.7%. Our balanced approach to managing the insurance cycle and our overall conservative risk management have enabled us to meet our risk-adjusted return objectives, even as we approach the bottom of the insurance cycle.

"Our capital position is exceptionally strong, and we have approximately $500 million of available liquidity at the holding company. The duration of the investment portfolio continues to be slightly shorter than the duration of our liabilities, while maintaining an average credit quality of AA.

"Although the insurance cycle has not yet turned, for the quarter pricing on renewal business year over year is down less than one half percent and our premium volume is down less than three percent. New business from our start-ups is, in part, offsetting premium declines from our established companies.

"At current pricing levels with existing low interest rates, we believe the industry is operating at a net loss on an accident year basis; and a turn in the cycle is inevitable. We anticipate modest improvement in the economy and a turn in the insurance pricing environment in the first half of next year. We continue to believe that we will meet our objective of a return of 15% on equity," Mr. Berkley concluded.

Webcast Conference Call

The Company will hold its quarterly conference call with analysts and investors to discuss its earnings and other information on Tuesday, October 27, 2009 at 9:00 a.m. eastern time. The conference call will be webcast live on the Company's website at www.wrberkley.com, and related charts will be posted there prior to the call. A recording of the call will be available on the Company's website approximately two hours after the end of the conference call.

About W. R. Berkley Corporation

Founded in 1967, W. R. Berkley Corporation is an insurance holding company that is among the largest commercial lines writers in the United States and operates in five segments of the property casualty insurance business: specialty insurance, regional property casualty insurance, alternative markets, reinsurance and international.

Forward Looking Information

This is a "Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995. Any forward-looking statements contained herein, including statements related to our outlook for the industry and for our performance for the year 2009 and beyond, are based upon the Company's historical performance and on current plans, estimates and expectations. The inclusion of this forward-looking information should not be regarded as a representation by us or any other person that the future plans, estimates or expectations contemplated by us will be achieved. They are subject to various risks and uncertainties, including but not limited to: the cyclical nature of the property casualty industry; the long-tail and potentially volatile nature of the insurance and reinsurance business; product demand and pricing; claims development and the process of estimating reserves; the potential impact of the current conditions in the financial markets and the ongoing economic downturn on our results and financial condition, particularly if such conditions continue; the potential impact of current legislative, regulatory, accounting and other initiatives taken or which may be taken in response to the current conditions in the financial markets and the ongoing economic downturn; investment risks, including those of our portfolio of fixed maturity securities and investments in equity securities, including investments in financial institutions, municipal bonds, mortgage-backed securities, loans receivable, investment funds, merger arbitrage and private equity investments; the uncertain nature of damage theories and loss amounts; natural and man-made catastrophic losses, including as a result of terrorist activities; the impact of significant and increasing competition; the success of our new ventures or acquisitions and the availability of other opportunities; the availability of reinsurance; exposure as to coverage for terrorist acts; our retention under the Terrorism Risk Insurance Programs Reauthorization Act of 2007; the ability of our reinsurers to pay reinsurance recoverables owed to us; the impact of current conditions in the financial markets and the ongoing economic downturn on our ability to raise debt or equity capital if needed; foreign currency and political risks relating to our international operations; other legislative and regulatory developments, including those related to alleged anti-competitive or other improper business practices in the insurance industry; changes in the ratings assigned to us or our insurance company subsidiaries by rating agencies; the availability of dividends from our insurance company subsidiaries; our ability to attract and retain qualified employees; and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission. These risks and uncertainties could cause our actual results for the year 2009 and beyond to differ materially from those expressed in any forward-looking statement we make. Any projections of growth in our net premiums written and management fees would not necessarily result in commensurate levels of underwriting and operating profits. Forward-looking statements speak only as of the date on which they are made, and the Company undertakes no obligation to update publicly or revise any forward-looking statement, whether as a result of new information, future developments or otherwise.

Consolidated Financial Summary
(Amounts in thousands, except per share data)
Third QuarterNine Months
2009200820092008
Revenues:
Net premiums written $ 969,329 $ 996,333 $ 2,901,713 $ 3,145,447
Change in unearned premiums (26,189)58,908(28,193)108,814
Net premiums earned 943,140 1,055,241 2,873,520 3,254,261
Net investment income 141,029 122,345 411,380 423,449
Income (losses) from investment funds (25,657) 31,057 (178,552) 28,389
Insurance service fees 22,039 25,628 73,879 77,501
Net investment gains (losses):
Net realized gains on investment sales 9,594 8,080 72,210 80,946
Other-than-temporary impairments (5,316) (228,110) (139,448) (329,113)
Portion of impairments reclassified
to (from) other comprehensive income (195)-8,409-
Net investment gains (losses) 4,083(220,030)(58,829)(248,167)
Revenues from wholly-owned investees 51,201 40,496 132,046 92,515
Other income 4748931,5842,025
Total revenues 1,136,3091,055,6303,255,0283,629,973
Expenses:
Losses and loss expenses 585,964 694,254 1,793,676 2,056,998
Other operating costs and expenses 353,122 358,580 1,075,983 1,115,002
Expenses from wholly-owned investees 49,849 39,337 126,594 90,615
Interest expense 21,59920,25162,03664,391
Total expenses 1,010,5341,112,4223,058,2893,327,006
Income (loss) before income taxes 125,775 (56,792) 196,739 302,967
Income tax (expense) benefit (27,987)28,964(21,803)(61,915)
Net income (loss) before
noncontrolling interests 97,788 (27,828) 174,936 241,052
Noncontrolling interests (66)(52)(173)(237)
Net income (loss) to common shareholders $97,722$(27,880)$174,763$240,815
Net income (loss) per share:
Basic $0.61$(0.17)$1.09$1.43
Diluted $0.59$(0.17)$1.05$1.37
Average shares outstanding:
Basic 160,468 162,675 160,520 168,826
Diluted 166,736 162,675 166,765 175,369
Operating Results by Segment
(Amounts in thousands, except ratios (1))
Third QuarterNine Months
2009200820092008

Specialty (2):

Gross premiums written

$

352,372

$

373,078

$

1,112,155

$

1,207,800
Net premiums written 300,512 335,782 961,752 1,109,508
Premiums earned 326,645 389,967 1,030,625 1,228,720
Pre-tax income 56,211 87,147 149,875 308,662
Loss ratio 63.8 % 62.9 % 62.2 % 59.9 %
Expense ratio 31.5 % 28.8 % 30.6 % 28.2 %
GAAP combined ratio 95.3 % 91.7 % 92.8 % 88.1 %
Regional (2):
Gross premiums written

$

311,430

$

343,016

$

951,676

$

1,077,644
Net premiums written 277,097 299,504 836,862 938,368
Premiums earned 276,369 306,892 843,888 927,585
Pre-tax income 30,287 17,894 60,329 80,973
Loss ratio 62.6 % 69.3 % 63.4 % 66.8 %
Expense ratio 33.1 % 32.5 % 33.5 % 31.9 %
GAAP combined ratio 95.7 % 101.8 % 96.9 % 98.7 %
Alternative Markets:
Gross premiums written

$

191,493

$

201,347

$

554,327

$

590,592
Net premiums written 169,214 178,634 494,415 517,447
Premiums earned 149,606 157,149 452,908 468,243
Pre-tax income 42,713 51,800 110,108 165,480
Loss ratio 63.9 % 64.8 % 64.1 % 62.2 %
Expense ratio 26.6 % 24.2 % 25.4 % 23.8 %
GAAP combined ratio 90.5 % 89.0 % 89.5 % 86.0 %

Reinsurance (2):

Gross premiums written $ 131,779 $ 104,507 $ 355,852 $ 367,555
Net premiums written 122,963 99,368 330,851 347,960
Premiums earned 107,045 124,710 306,925 408,911
Pre-tax income 26,261 29,540 50,488 96,473
Loss ratio 57.1 % 68.9 % 59.1 % 66.1 %
Expense ratio 39.7 % 33.7 % 39.3 % 34.3 %
GAAP combined ratio 96.8 % 102.6 % 98.4 % 100.4 %
International:
Gross premiums written

$

109,666

$

98,186

$

325,549

$

276,526
Net premiums written 99,543 83,045 277,833 232,164
Premiums earned 83,475 76,523 239,174 220,802
Pre-tax income 9,496 13,440 16,384 31,365
Loss ratio 57.4 % 63.3 % 61.1 % 63.6 %
Expense ratio 41.0 % 36.7 % 39.1 % 37.7 %
GAAP combined ratio 98.4 % 100.0 % 100.2 % 101.3 %

Corporate and Eliminations:

Net investment gains (losses)

$

4,083 $ (220,030 ) $

(58,829

)

$ (248,167 )
Interest expense (21,599 ) (20,251 ) (62,036 ) (64,391 )
Other revenues and expenses (3) (21,677 ) (16,332 ) (69,580 ) (67,428 )
Pre-tax loss (39,193 ) (256,613 )

(190,445

) (379,986 )
Total:
Gross premiums written $ 1,096,740 $ 1,120,134 $ 3,299,559 $ 3,520,117
Net premiums written 969,329 996,333 2,901,713 3,145,447
Premiums earned 943,140 1,055,241 2,873,520 3,254,261
Pre-tax income (loss) 125,775 (56,792 ) 196,739 302,967
Loss ratio 62.1 % 65.8 % 62.4 % 63.2 %
Expense ratio 32.9 % 30.3 % 32.3 % 30.0 %
GAAP combined ratio 95.0 % 96.1 % 94.7 % 93.2 %
(1)

Loss ratio is losses and loss expenses incurred expressed as a percentage of premiums earned. Expense ratio is underwriting expenses expressed as a percentage of premiums earned. Underwriting expenses do not include expenses related to insurance services or unallocated corporate expenses. GAAP combined ratio is the sum of the loss ratio and the expense ratio.

(2)

For the third quarters of 2009 and 2008, weather-related losses were $23 million and $62 million, respectively. For the first nine months of 2009 and 2008, weather-related losses were $59 million and $108 million, respectively.

(3)

Other revenues and expenses include corporate investment income, expenses not allocated to the business segments and revenues and expenses from investments in wholly-owned, non-insurance subsidiaries that are consolidated for financial reporting purposes.

Selected Balance Sheet Information
(Amounts in thousands, except per share data)
September 30, December 31,
20092008
Net invested assets (1) $ 13,725,103 $ 12,522,360
Total assets 17,392,514 16,121,158
Reserves for losses and loss expenses 9,115,137 8,999,596
Senior notes and other debt 1,340,295 1,021,869
Junior subordinated debentures 249,742 249,584
Total equity (2) (3) 3,608,545 3,051,680
Common stockholders equity (4) 3,603,045 3,046,319
Common shares outstanding (4) 160,734 161,467
Common stockholders' equity per share 22.42 18.87
(1) Net invested assets include investments, cash investments and cash equivalents, trading accounts receivable from brokers and clearing organizations, trading account securities sold but not yet purchased and unsettled purchases.
(2)

The Company adopted FASB Statement 160, "Non-controlling Interests in Consolidated Financial Statements", (Accounting Standards Codification Topic 810-10-65) effective January 1, 2009. This guidance requires that noncontrolling (minority) interests in a subsidiary be reported as equity in the consolidated financial statements. The presentation requirements were applied retrospectively to the 2008 financial statements. The effect of the adoption of this guidance was to increase total equity as of December 31, 2008 by $5 million.

(3) After-tax unrealized investment gains were $249 million at September 30, 2009, compared with after-tax unrealized investment losses of $142 million at December 31, 2008. Unrealized currency translation losses were $45 million and $72 million as of September 30, 2009 and December 31, 2008, respectively.
(4) During the first nine months of 2009, the Company repurchased 1.6 million shares of its common stock for $32 million.
Supplemental Information
(Amounts in thousands)

Third QuarterNine Months
Reconciliation of operating income to net income: 2009200820092008
Operating income (1) $ 111,746 $ 102,546 $ 328,972 $ 391,283
Investment gains (losses), net of tax 2,653 (143,020) (38,150) (161,328)
Income (losses) from investment funds,
net of tax (16,677) 20,187 (116,059) 18,453
Effective tax rate adjustment -(7,593)-(7,593)
Net income (loss) $97,722$(27,880)$174,763$240,815
Return on equity:
Net income (2) 12.8% N/M 7.6% 8.9%
Operating income (2) 14.7% 11.4% 14.4% 14.5%
Cash flow:
Cash flow from operations before cash transfers to/from trading account (3)
$

267,870

$ 378,305 $ 548,638 $ 736,156

Cash transfers to/from trading account

(93,341)-(383,341)50,000
Cash flow from operations $174,529$378,305$165,297$786,156
Other operating costs and expenses:
Underwriting expenses $ 310,618 $ 320,184 $ 927,544 $ 976,598
Service expenses

19,770

21,513

62,330

66,009
Net foreign currency (gains) losses (4,631) (4,021) 1,328 (7,345)
Other costs and expenses

27,365

20,904

84,781

79,740
Total $353,122$358,580$1,075,983$1,115,002
(1) Operating income is a non-GAAP financial measure defined by the Company as net income (loss) excluding income or losses from investment funds and net investment gains and losses. The Company refined its definition of operating income beginning with the second quarter of 2009. Management believes that excluding income and losses from investment funds and net investment gains and losses, which result primarily from changes in general economic conditions, provides a useful indicator of trends in the Company's underlying operations.
(2) Return on equity represents net income and net operating income expressed on an annualized basis as a percentage of beginning of year stockholders' equity.
(3) Cash flow from operations before cash transfers to/from trading account is a non-GAAP financial measure that excludes cash contributions to and withdrawals from the arbitrage trading account. Management believes that cash transfers to and withdrawals from the arbitrage trading account are the result of changes in investment allocations and that excluding such transfers provides a useful measure of the Company's cash flow.

SOURCE: W. R. Berkley Corporation

W. R. Berkley Corporation
Karen A. Horvath
Vice President - External Financial Communications
203-629-3000

Copyright Business Wire 2009

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