UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 10-Q

Quarterly report pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

For the quarterly period ended March 31, 2010

Commission file number 001-11252

Hallmark Financial Services, Inc.

(Exact name of registrant as specified in its charter)

Nevada
 
87-0447375
(State or other jurisdiction of
 
(I.R.S. Employer
Incorporation or organization)
 
Identification No.)
     
777 Main Street, Suite 1000, Fort Worth, Texas
 
76102
     
(Address of principal executive offices)
  
(Zip Code)

Registrant's telephone number, including area code:  (817) 348-1600

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.    Yes x   No ¨
 
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).   Yes   ¨   No ¨

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.  See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
Large accelerated filer ¨
Accelerated filer ¨
Non-accelerated filer ¨
Smaller reporting company x

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).   Yes  ¨   No x
 
Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date: Common Stock, par value $.18 per share – 20,123,336 shares outstanding as of May 13, 2010.

 

 

PART I
FINANCIAL INFORMATION

Item 1.  Financial Statements

INDEX TO FINANCIAL STATEMENTS

   
Page Number
     
Consolidated Balance Sheets at March 31, 2010 (unaudited) and December 31, 2009
 
3
     
Consolidated Statements of Operations (unaudited) for the three months    ended March 31, 2010 and March 31, 2009
 
4
     
Consolidated Statements of Stockholders’ Equity and Comprehensive Income (unaudited) for the three months ended March 31, 2010 and March 31, 2009
 
5
     
Consolidated Statements of Cash Flows (unaudited) for the three months ended March 31, 2010 and March 31, 2009
 
6
     
Notes to Consolidated Financial Statements (unaudited)
  
7

 
2

 

Hallmark Financial Services, Inc. and Subsidiaries
Consolidated Balance Sheets
($ in thousands, except share amounts)

   
March 31
   
December 31
 
   
2010
   
2009
 
   
(unaudited)
       
ASSETS
           
             
Investments:
           
Debt securities, available-for-sale, at fair value (cost; $305,355 in 2010 and $287,108 in 2009)
  $ 310,474     $ 291,876  
Equity securities, available-for-sale, at fair value (cost; $24,367 in 2010 and $27,251 in 2009)
    36,343       35,801  
                 
Total investments
    346,817       327,677  
                 
Cash and cash equivalents
    110,556       112,270  
Restricted cash and cash equivalents
    7,505       5,458  
Premiums receivable
    53,439       46,635  
Accounts receivable
    3,308       3,377  
Receivable for securities
    2,704       -  
Prepaid reinsurance premiums
    14,296       12,997  
Reinsurance recoverable
    10,999       10,008  
Deferred policy acquisition costs
    22,198       20,792  
Goodwill
    41,080       41,080  
Intangible assets, net
    27,956       28,873  
Prepaid expenses
    1,524       923  
Other assets
    13,241       18,779  
                 
Total assets
  $ 655,623     $ 628,869  
                 
LIABILITIES AND STOCKHOLDERS' EQUITY
               
Liabilities:
               
Note payable
  $ 2,800     $ 2,800  
Subordinated debt securities
    56,702       56,702  
Reserves for unpaid losses and loss adjustment expenses
    196,546       184,662  
Unearned premiums
    132,167       125,089  
Unearned revenue
    180       191  
Reinsurance balances payable
    713       3,281  
Accrued agent profit sharing
    612       1,790  
Accrued ceding commission payable
    4,233       8,600  
Pension liability
    2,655       2,628  
Deferred federal income taxes, net
    2,368       942  
Federal income tax payable
    2,588       1,266  
Payable for securities
    7,001       19  
Accounts payable and other accrued expenses
    10,459       13,258  
                 
Total liabilities
    419,024       401,228  
                 
Commitments and Contingencies (Note 17)
               
                 
Redeemable non-controlling interest
    1,063       1,124  
                 
Stockholders' equity:
               
Common stock, $0.18 par value (authorized 33,333,333 shares in 2010 and 2009; issued 20,872,831 in 2010 and 2009)
    3,757       3,757  
Additional paid-in capital
    121,196       121,016  
Retained earnings
    104,768       98,482  
Accumulated other comprehensive income
    11,083       8,589  
Treasury stock, at cost (749,495 shares in 2010 and 757,828 in 2009)
    (5,268 )     (5,327 )
                 
Total stockholders' equity
    235,536       226,517  
                 
    $ 655,623     $ 628,869  

The accompanying notes are an integral part
of the consolidated financial statements

 
3

 

Hallmark Financial Services, Inc. and Subsidiaries
Consolidated Statements of Operations
(Unaudited)
($ in thousands, except per share amounts)

   
Three Months Ended
 
   
March   31
 
   
2010
   
2009
 
             
Gross premiums written
  $ 81,859     $ 71,479  
Ceded premiums written
    (9,064 )     (2,232 )
Net premiums written
    72,795       69,247  
Change in unearned premiums
    (5,780 )     (9,817 )
Net premiums earned
    67,015       59,430  
                 
Investment income, net of expenses
    3,201       4,269  
Net realized gains (losses)
    3,803       (348 )
Finance charges
    1,643       1,350  
Commission and fees
    151       6,189  
Processing and service fees
    3       15  
Other income
    7       5  
                 
Total revenues
    75,823       70,910  
                 
Losses and loss adjustment expenses
    43,098       36,842  
Other operating expenses
    21,482       23,750  
Interest expense
    1,146       1,159  
Amortization of intangible assets
    916       714  
                 
Total expenses
    66,642       62,465  
                 
Income before tax
    9,181       8,445  
Income tax expense
    2,890       1,662  
Net income
    6,291       6,783  
Less: Net income (loss) attributable to non-controlling  interest
    5       (7 )
                 
Net income attributable to Hallmark Financial Services, Inc.
  $ 6,286     $ 6,790  
                 
Net income per share attributable to Hallmark Financial Services, Inc. common stockholders:
               
Basic
  $ 0.31     $ 0.33  
Diluted
  $ 0.31     $ 0.33  

The accompanying notes are an integral part
of the consolidated  financial statements

 
4

 

Hallmark Financial Services, Inc. and Subsidiaries
Consolidated Statements of Stockholders' Equity and Comprehensive Income
(Unaudited)
($ in thousands)

   
Three Months Ended
 
   
March 31,
 
   
2010
   
2009
 
             
Common Stock
           
Balance, beginning of period
  $ 3,757     $ 3,751  
Issuance of common stock upon option exercises
    -       6  
Balance, end of period
    3,757       3,757  
                 
Additional Paid-In Capital
               
Balance, beginning of period
    121,016       119,928  
Accretion of redeemable noncontrolling interest
    (78 )     (94 )
Equity based compensation
    298       262  
Exercise of stock options
    (40 )     104  
                 
Balance, end of period
    121,196       120,200  
                 
Retained Earnings
               
Balance, beginning of period
    98,482       72,242  
Net income attributable to Hallmark Financial Services, Inc.
    6,286       6,790  
                 
Balance, end of period
    104,768       79,032  
                 
Accumulated Other Comprehensive Income (Loss)
               
Balance, beginning of period
    8,589       (16,432 )
Additional minimum pension liability, net of tax
    36       80  
Net unrealized holding gains arising during period
    6,261       8,713  
Reclassification adjustment for losses included in net income
    (3,803 )     (4,718 )
                 
Balance, end of period
    11,083       (12,357 )
                 
Treasury Stock
               
Balance, beginning of period
    (5,327 )     (77 )
Issuance of treasury stock upon option exercises
    59       -  
Balance, end of period
    (5,268 )     (77 )
                 
Total Stockholders' Equity
  $ 235,536     $ 190,555  
                 
Net income
  $ 6,291     $ 6,783  
Additional minimum pension liablilty, net of tax
    36       80  
Net unrealized holding gains arising during period
    6,261       8,713  
Reclassification adjustment for losses included in net income
    (3,803 )     (4,718 )
Comprehensive income
    8,785       10,858  
Less: Comprehensive income (loss) attributable to non-controlling interest
    5       (7 )
Comprehensive income attributable to
               
Hallmark Financial Services, Inc.
  $ 8,780     $ 10,865  

The accompanying notes are an integral part
of the consolidated  financial statements
 
5

  
Hallmark Financial Services, Inc. and Subsidiaries
Consolidated Statements of Cash Flows
(Unaudited)
($ in thousands)
  
   
Three Months Ended
 
   
March 31
 
   
2010
   
2009
 
Cash flows from operating activities:
           
Net income
  $ 6,291     $ 6,783  
                 
Adjustments to reconcile net income to cash provided by operating activities:
               
Depreciation and amortization expense
    1,155       928  
Deferred federal income taxes
    89       (1,103 )
Realized (gains) losses on investments
    (3,803 )     348  
Change in prepaid reinsurance premiums
    (1,299 )     (322 )
Change in premiums receivable
    (6,804 )     (4,900 )
Change in accounts receivable
    2,724       594  
Change in deferred policy acquisition costs
    (1,406 )     (1,478 )
Change in reserves for unpaid losses and loss adjustment expenses
    11,884       8,476  
Change in unearned premiums
    7,078       9,991  
Change in unearned revenue
    (11 )     (867 )
Change in accrued agent profit sharing
    (1,178 )     (1,400 )
Change in reinsurance recoverable
    (991 )     740  
Change in reinsurance payable
    (2,568 )     -  
Change in current federal income tax recoverable/payable
    1,322       2,345  
Change in accrued ceding commission payable
    (4,367 )     (13 )
Change in all other liabilities
    (2,772 )     (9,081 )
Change in all other assets
    6,666       (2,190 )
Net cash provided by operating activities
    12,010       8,851  
                 
Cash flows from investing activities:
               
Purchases of property and equipment
    (268 )     (428 )
Net transfers (into)/from restricted cash and cash equivalents
    (2,047 )     2,833  
Purchases of investment securities
    (51,965 )     (22,014 )
Maturities, sales and redemptions of investment securities
    40,681       12,443  
Payment for acquisition of subsidiaries
    -       (3,343 )
Net cash used in investing activities
    (13,599 )     (10,509 )
                 
Cash flows from financing activities:
               
Proceeds from exercise of employee stock options
    19       110  
Net repayments of notes payable
    -       (1,269 )
Distribution to non-controlling interest
    (144 )     -  
Net cash used in financing activities
    (125 )     (1,159 )
                 
Decrease in cash and cash equivalents
    (1,714 )     (2,817 )
Cash and cash equivalents at beginning of period
    112,270       59,134  
Cash and cash equivalents at end of period
  $ 110,556     $ 56,317  
                 
Supplemental cash flow information:
               
Interest paid
  $ 1,151     $ 1,186  
Taxes paid
  $ 1,479     $ 419  
Supplemental schedule of non-cash investing activities:
               
Change in receivable for securities related to investment disposals settled after the balance sheet date
  $ (2,655 )   $ (33 )
Change in payable for securities related to investment purchases settled after the balance sheet date
  $ 6,982     $ (3,511 )
 
The accompanying notes are an integral part
of the consolidated financial statements

 
6

 

Hallmark Financial Services, Inc. and Subsidiaries
Notes to Consolidated Financial Statements (Unaudited)

1. General

Hallmark Financial Services, Inc. (“Hallmark” and, together with subsidiaries, “we,” “us” or “our”) is an insurance holding company engaged in the sale of property/casualty insurance products to businesses and individuals.  Our business involves marketing, distributing, underwriting and servicing our insurance products, as well as providing other insurance related services.

We pursue our business activities through subsidiaries whose operations are organized into five business units, which are supported by our four insurance company subsidiaries.  Our Standard Commercial business unit (formerly known as our AHIS Operating Unit) handles commercial insurance products and services in the standard market.  Our E&S Commercial business unit (formerly known as our TGA Operating Unit) handles primarily commercial insurance products and services in the excess and surplus lines market.  Our General Aviation business unit (formerly known as our Aerospace Operating Unit) handles general aviation insurance products and services.  Our Excess & Umbrella business unit (formerly known as our Heath XS Operating Unit) offers low and middle market commercial umbrella and excess liability insurance on both an admitted and non-admitted basis focusing primarily on trucking, specialty automobile and non-fleet automobile coverage. Our Personal Lines business unit (formerly known as our Personal Lines Operating Unit) handles personal insurance products and services.  Our insurance company subsidiaries supporting these operating units are American Hallmark Insurance Company of Texas (“AHIC”), Hallmark Insurance Company (“HIC”), Hallmark Specialty Insurance Company (“HSIC”) and Hallmark County Mutual Insurance Company (“HCM”).

These five business units are segregated into three reportable industry segments for financial accounting purposes.  The Standard Commercial Segment presently consists solely of the Standard Commercial business unit and the Personal Segment presently consists solely of the Personal Lines business unit.  The Specialty Commercial Segment includes the E&S Commercial, General Aviation and Excess & Umbrella business units.

2. Basis of Presentation

Our unaudited consolidated financial statements included herein have been prepared in accordance with U.S. generally accepted accounting principles (“GAAP”) and include our accounts and the accounts of our subsidiaries.  All significant intercompany accounts and transactions have been eliminated in consolidation.  Certain information and footnote disclosures normally included in financial statements prepared in accordance with GAAP have been condensed or omitted pursuant to rules and regulations of the Securities and Exchange Commission (“SEC”) for interim financial reporting.  These unaudited consolidated financial statements should be read in conjunction with our audited consolidated financial statements for the year ended December 31, 2009 included in our Annual Report on Form 10-K filed with the SEC.

The interim financial data as of March 31, 2010 and 2009 is unaudited.  However, in the opinion of management, the interim data includes all adjustments, consisting of normal recurring adjustments, necessary for a fair statement of the results for the interim periods.  The results of operations for the period ended March 31, 2010 are not necessarily indicative of the operating results to be expected for the full year.

 
7

 

Redeemable   non-controlling interest

We are accreting the redeemable non-controlling interest to its redemption value from the date of issuance to the earliest determinable redemption date, August 29, 2012, using the interest method.  Changes in redemption value are considered a change in accounting estimate.  We follow the two class method of computing earnings per share.  We treat only the portion of the periodic adjustment to the redeemable non-controlling interest carrying amount that reflects a redemption in excess of fair value as being akin to an actual dividend.  (See Note 3, “Business Combinations.”)

Reclassification

Certain previously reported amounts have been reclassified in order to conform to our current year presentation.  Such reclassification had no effect on net income or stockholders’ equity.

Income taxes

We file a consolidated federal income tax return.  Deferred federal income taxes reflect the future tax consequences of differences between the tax bases of assets and liabilities and their financial reporting amounts at each year end.  Deferred taxes are recognized using the liability method, whereby tax rates are applied to cumulative temporary differences based on when and how they are expected to affect the tax return. Deferred tax assets and liabilities are adjusted for tax rate changes in effect for the year in which these temporary differences are expected to be recovered or settled.

Use of Estimates in the Preparation of the Financial Statements

  Our preparation of financial statements in conformity with GAAP requires us to make estimates and assumptions that affect our reported amounts of assets and liabilities and our disclosure of contingent assets and liabilities at the date of our consolidated financial statements, as well as our reported amounts of revenues and expenses during the reporting period.  Refer to “Critical Accounting Estimates and Judgments” in our Annual Report on Form 10-K for the year ended December 31, 2009 for information on accounting policies that we consider critical in preparing our consolidated financial statements. Actual results could differ materially from those estimates.

Fair Value of Financial Instruments

Fair value estimates are made at a point in time, based on relevant market data as well as the best information available about the financial instruments.  Fair value estimates for financial instruments for which no or limited observable market data is available are based on judgments regarding current economic conditions, credit and interest rate risk.  These estimates involve significant uncertainties and judgments and cannot be determined with precision.  As a result, such calculated fair value estimates may not be realizable in a current sale or immediate settlement of the instrument.  In addition, changes in the underlying assumptions used in the fair value measurement technique, including discount rate and estimates of future cash flows, could significantly affect these fair value estimates.

Investment Securities:  Fair values for debt securities and equity securities are obtained from an independent pricing service or based on quoted market prices. (See Note 4, “Fair Values” and Note 5, “Investments.”)

 
8

 

Cash and Cash Equivalents:  The carrying amounts reported in the balance sheet for these instruments approximate their fair values.

Restricted Cash and Cash Equivalents :  The carrying amount for restricted cash reported in the balance sheet approximates the fair value.

Notes Payable:  The carrying value of our bank credit facility of $2.8 million approximates the fair value based on the current interest rate.

Subordinated Debt Securities:  Our trust preferred securities have a carried value of $56.7 million and a fair value of $55.6 million as of March 31, 2010.  The fair value of our trust preferred securities is based on discounted cash flows using a current yield to maturity of 8.0% based on similar issues to discount future cash flows.

For accrued investment income, amounts recoverable from reinsurers, federal income tax payable and other liabilities, the carrying amounts approximate fair value because of the short maturity of such financial instruments.

Variable Interest Entities

On June 21, 2005, we formed Hallmark Statutory Trust I (“Trust I”), an unconsolidated trust subsidiary, for the sole purpose of issuing $30.0 million in trust preferred securities.  Trust I used the proceeds from the sale of these securities and our initial capital contribution to purchase $30.9 million of subordinated debt securities from Hallmark.  The debt securities are the sole assets of Trust I, and the payments under the debt securities are the sole revenues of Trust I.

On August 23, 2007, we formed Hallmark Statutory Trust II (“Trust II”), an unconsolidated trust subsidiary, for the sole purpose of issuing $25.0 million in trust preferred securities.  Trust II used the proceeds from the sale of these securities and our initial capital contribution to purchase $25.8 million of subordinated debt securities from Hallmark.  The debt securities are the sole assets of Trust II, and the payments under the debt securities are the sole revenues of Trust II.

In 2009, the Financial Accounting Standards Board (“FASB”) issued revised accounting standards regarding consolidation of variable interest entities, which was effective for us on January 1, 2010.  Accordingly, we reevaluated our investments in Trust I and II (collectively the “Trusts”) and determined that, while the Trusts continue to be variable interest entities, we are not the primary beneficiary.  Therefore, the Trusts are not included in our consolidated financial statements.

Recently Issued Accounting Standards

In June 2009, the FASB issued Statement of Financial Accounting Standards No. 168, “The FASB Accounting Standards Codification and the Hierarchy of Generally Accepted Accounting Principles — a replacement of FASB Statement No. 162” (the “Codification”).  The Codification reorganized existing U.S. accounting and reporting standards issued by the FASB and other related private sector standard setters into a single source of authoritative accounting principles arranged by topic.  The Codification supersedes all existing U.S. accounting standards. All other accounting literature not included in the Codification (other than SEC guidance for publicly-traded companies) is considered non-authoritative.  The Codification was effective on a prospective basis for interim and annual reporting periods ending after September 15, 2009.  The adoption of the Codification changed our references to GAAP accounting standards but did not impact our financial position or results of operations.

 
9

 

In September 2006, FASB issued Statement of Financial Accounting Standards No. 157, “Fair Value Measurements,” which was codified into FASB Accounting Standards Codification (“ASC”) Topic 820, “Fair Value Measurements and Disclosures” (“ASC  820”).  ASC 820 establishes a separate framework for determining fair values of assets and liabilities that are required by other authoritative GAAP pronouncements to be measured at fair value.  In addition, ASC 820 incorporates and clarifies the guidance in FASB Concepts Statement 7 regarding the use of present value techniques in measuring fair value.  ASC 820 does not require any new fair value measurements.   ASC 820 is effective for financial statements issued for fiscal years beginning after November 15, 2007.  In January 2010, the FASB updated ASC 820 requiring additional disclosures about fair value measurements regarding transfers between fair value categories as well as purchases, sales, issuances and settlements related to fair value measurements of financial instruments with non-observable inputs.  This update was effective for interim and annual periods beginning after December 15, 2009 except for disclosures about purchases, sales, issuances and settlements of financial instruments with non-observable inputs, which are effective for years beginning after December 15, 2010. The adoption of ASC 820 had no impact on our financial position or results of operations but did require additional disclosures.  (See Note 4, “Fair Value.”)

In February 2007, FASB issued Statement of Financial Accounting Standards No. 159, “The Fair Value Option for Financial Assets and Liabilities,” which was codified into FASB ASC Topic 825, “Financial Instruments” (“ASC 825”).   ASC 825 permits entities to choose to measure many financial instruments and certain other items at fair value with changes in fair value included in current earnings.  The election is made on specified election dates, can be made on an instrument–by–instrument basis, and is irrevocable.  ASC 825 is effective for financial statements issued for fiscal years beginning after November 15, 2007. The adoption of ASC 825 had no impact on our financial position or results of operations as we did not elect to apply ASC 825 to any eligible items.

In December 2007, the FASB issued Revised Statement of Financial Accounting Standards No. 141R, “Business Combinations,” which was codified into FASB ASC Topic 805, “Business Combinations” (“ ASC 805”).  ASC 805 provides revised guidance on how an acquirer recognizes and measures in its financial statements the identifiable assets acquired, the liabilities assumed, and any noncontrolling interest in the acquired entity. In addition, it provides revised guidance on the recognition and measurement of goodwill acquired in the business combination. ASC 805 also provides guidance specific to the recognition, classification, and measurement of assets and liabilities related to insurance and reinsurance contracts acquired in a business combination. ASC 805 applies to business combinations for acquisitions occurring on or after January 1, 2009. The adoption of ASC 805 did not have a material effect on our financial position or results of operations.  However, ASC 805 will impact the accounting for any future acquisitions.

In December 2007, the FASB issued Statement of Financial Accounting Standards No. 160, “Noncontrolling Interests in Consolidated Financial Statements—an amendment of Accounting Research Bulletin No. 51,” which was codified into FASB ASC Topic 810, “Noncontrolling Interests” (“ASC 810”).  ASC 810 amends Accounting Research Bulletin No. 51 to establish accounting and reporting standards for the noncontrolling interest in a subsidiary and for the deconsolidation of a subsidiary.  In addition, it clarifies that a noncontrolling interest in a subsidiary is an ownership interest in the consolidated entity that should be reported as a component of equity in the consolidated financial statements.  ASC 810 is effective on a prospective basis beginning January 1, 2009, except for the presentation and disclosure requirements which are applied on a retrospective basis for all periods presented. The adoption of ASC 810 did not have a significant impact on our financial position or results of operations.

 
10

 

In April 2009, FASB issued FASB Staff Position No. FAS 157-4, “Determining Fair Value When the Volume and Level of Activity for the Asset or Liability Have Significantly Decreased and Identifying Transactions That Are Not Orderly,” which was codified into ASC Topic 820, (“ASC 820”). ASC 820 provides guidance for estimating fair value when the volume and level of activity for the asset or liability have significantly decreased and identifying circumstances that may indicate that a transaction is not orderly.   ASC 820 is effective for interim and annual reporting periods ending after June 15, 2009, and is applied prospectively. The adoption of this guidance did not have a significant impact on our financial position or results of operations.

In April 2009, FASB issued FASB Staff Position No. FAS 115-2 and FAS 124-2, “Recognition and Presentation of Other-Than-Temporary Impairments,” which was codified into FASB ASC Topic 320, “Investment Securities” (“ASC 320”), amending prior other-than-temporary impairment guidance for debt in order to make the guidance more operational and improve the presentation and disclosure of other-than-temporary impairments in the financial statements. ASC 320 did not amend existing recognition and measurement guidance related to other-than-temporary impairments of equity securities. The provisions of  ASC 320 are effective for interim periods ending after June 15, 2009.  We adopted ASC 320 effective April 1, 2009 which resulted in a cumulative effect adjustment to the beginning balances of retained earnings and accumulated other comprehensive income of approximately $2.6 million before tax and $1.7 million net of tax.

In April 2009, FASB issued FASB Staff Position No. FAS 107-1 and APB Opinion No. 28-1, “Interim Disclosures about Fair Value of Financial Instruments,” which was codified into ASC 825.   ASC 825 requires disclosures about fair value of financial instruments for interim reporting periods as well as in annual financial statements. This guidance is effective for interim periods ending after June 15, 2009 but did not impact our financial position or results of operations.  However, additional footnote disclosures to our interim and annual financial statements were required.

In May 2009, FASB issued Statement of Financial Accounting Standard No. 165, “Subsequent Events,” which was codified into FASB ASC Topic 855, “Subsequent Events” (“ASC 855”), which provides authoritative accounting literature for a topic previously addressed only in the auditing literature.  The provisions of ASC 855 are effective for interim financial periods ending after June 15, 2009. The adoption of ASC 855 did not have a significant impact on our financial position or results of operations.

In June 2009, FASB issued Statement of Financial Accounting Standards No. 167, “Amendments to FASB Interpretation No. 46(R)” (“SFAS 167”), which was codified into FASB ASC Topic 810, “Consolidation,” addresses the effects of eliminating the qualifying special-purpose entity concept and responds to concerns about the application of certain key provisions of FASB Interpretation No. 46(R), “Consolidation of Variable Interest Entities,” including concerns over the transparency of enterprises’ involvement with variable interest entities.  SFAS 167 is effective for calendar year end companies beginning on January 1, 2010 with earlier application prohibited.  The adoption of ASC Topic 810 did not have a material impact on our financial position or results of operations.

 
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3. Business Combinations

We account for business combinations using the purchase method of accounting pursuant to ASC 805. The cost of an acquired entity is allocated to the assets acquired (including identified intangible assets) and liabilities assumed based on their estimated fair values.  The excess of the cost of an acquired entity over the net of the amounts assigned to assets acquired and liabilities assumed is an asset referred to as “goodwill.” Indirect and general expenses related to business combinations are expensed as incurred for acquisitions in 2009 and after.  Prior to 2009, indirect and general expenses were capitalized.

            Effective August 29, 2008, we acquired 80% of the issued and outstanding membership interests in the subsidiaries now comprising our Excess & Umbrella business unit for consideration of $15.0 million.  In connection with the acquisition, we executed an operating agreement for each subsidiary.  The operating agreements grant us the right to purchase the remaining 20% membership interests in the subsidiaries and grant to an affiliate of the seller the right to require us to purchase such remaining membership interests (the “Put/Call Option”).  The Put/Call Option becomes exercisable by either us or the affiliate of the seller upon the earlier of August 29, 2012, the termination of the employment of the seller by the Excess & Umbrella business unit or a change of control of Hallmark. If the Put/Call Option is exercised, we will have the right or obligation to purchase the remaining 20% membership interests in the Excess & Umbrella business unit  for an amount equal to nine times the average Pre-Tax Income (as defined in the operating agreements) for the previous 12 fiscal quarters.  We estimate the ultimate redemption value of the Put/Call Option to be $2.2 million at March 31, 2010.

Effective June 5, 2009, we acquired all of the issued and outstanding shares of CYR Insurance Management Company (“CYR”).  CYR has as its primary asset a management agreement with Hallmark County Mutual Insurance Company, (“HCM”), which provides for CYR to have management and control of HCM.  We acquired all of the issued and outstanding shares of CYR for consideration of a base purchase price of $4.0 million paid at closing plus an override commission in an amount equal to 1% of the net premiums and net policy fees of HCM for the years 2010 and 2011 subject to a maximum of $1.25 million.  The override commission is paid monthly as the subject premiums and policy fees are written.  The fair value of the management agreement acquired is $3.2 million and is being amortized over four years.  HCM is used to front certain lines of business in our Specialty Commercial and Personal Segments in Texas where we previously produced policies for third party county mutual insurance companies and reinsured 100% for a fronting fee.

4. Fair Value

ASC 820 defines fair value, establishes a consistent framework for measuring fair value and expands disclosure requirements about fair value measurements. ASC 820, among other things, requires us to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. In addition, ASC 820 precludes the use of block discounts when measuring the fair value of instruments traded in an active market, which were previously applied to large holdings of publicly traded equity securities.

We determine the fair value of our financial instruments based on the fair value hierarchy established in ASC 820.  In accordance with ASC 820, we utilize the following fair value hierarchy:

 
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·
Level 1: quoted prices in active markets for identical assets;

 
·
Level 2: inputs to the valuation methodology include quoted prices for similar assets and liabilities in active markets, inputs of identical assets for less active markets, and inputs that are observable for the asset or liability, either directly or indirectly, for substantially the full term of the instrument; and

 
·
Level 3: inputs to the valuation methodology that are unobservable for the asset or liability.

This hierarchy requires the use of observable market data when available.

Under ASC 820, we determine fair value based on the price that would be received for an asset or paid to transfer a liability in an orderly transaction between market participants on the measurement date.  It is our policy to maximize the use of observable inputs and minimize the use of unobservable inputs when developing fair value measurements, in accordance with the fair value hierarchy described above.  Fair value measurements for assets and liabilities where there exists limited or no observable market data are calculated based upon our pricing policy, the economic and competitive environment, the characteristics of the asset or liability and other factors as appropriate.  These estimated fair values may not be realized upon actual sale or immediate settlement of the asset or liability.

Where quoted prices are available on active exchanges for identical instruments, investment securities are classified within Level 1 of the valuation hierarchy.  Level 1 investment securities include common and preferred stock.  If quoted prices are not available from active exchanges for identical instruments, then fair values are estimated using quoted prices from less active markets, quoted prices of securities with similar characteristics or by pricing models utilizing other significant observable inputs.  Examples of such instruments, which would generally be classified within Level 2 of the valuation hierarchy, include corporate bonds, municipal bonds and U.S. Treasury securities.  In cases where there is limited activity or less transparency around inputs to the valuation, investment securities are classified within Level 3 of the valuation hierarchy.  Level 3 investments are valued based on the best available data in order to approximate fair value.  This data may be internally developed and consider risk premiums that a market participant would require.  Investment securities classified within Level 3 include other less liquid investment securities.
 
The following table presents for each of the fair value hierarchy levels, our assets that are measured at fair value on a recurring basis at March 31, 2010 (in thousands).

 
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Quoted Prices in
   
Other
             
   
Active Markets for
   
Observable
   
Unobservable
       
   
Identical Assets
   
Inputs
   
Inputs
       
   
(Level   1)
   
(Level   2)
   
(Level   3)
   
Total
 
                         
U.S. Treasury securities and obligations of U.S. Government
  $ -     $ 6,511     $ -     $ 6,511  
Corporate debt securities
    -       133,312       -       133,312  
Municipal bonds
    -       145,908       24,107       170,015  
Asset backed
    -       636       -       636  
Total debt securities
    -       286,367       24,107       310,474  
                                 
Financial services
    20,764       -       -       20,764  
All other
    15,579       -       -       15,579  
Total equity securities
    36,343       -       -       36,343  
                                 
Total debt and equity securities
  $ 36,343     $ 286,367     $ 24,107     $ 346,817  
 
Due to significant unobservable inputs into the valuation model for certain municipal bonds in illiquid markets, we classified these as Level 3 in the fair value hierarchy.  We used an income approach in order to derive an estimated fair value of such securities, which included inputs such as expected holding period, benchmark swap rate, benchmark discount rate and a discount rate premium for illiquidity.

The following table summarizes the changes in fair value for all financial assets measured at fair value on a recurring basis using significant unobservable inputs (Level 3) during the three months ended March 31, 2010 (in thousands).

Beginning balance as of January 1, 2010
  $ 25,272  
         
Net purchases, issuances, sales and settlements
    (2,000 )
Total realized/unrealized gains included in net income
    -  
Net gains included in other comprehensive income
    835  
Transfers in and/or out of Level 3
    -  
         
Ending balance as of March 31, 2010
  $ 24,107  

 
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5. Investments

We complete a detailed analysis each quarter to assess whether any decline in the fair value of any investment below cost is deemed other-than-temporary. All securities with an unrealized loss are reviewed.  We recognize an impairment loss when an investment’s value declines below cost, adjusted for accretion, amortization and previous other-than-temporary impairments and it is determined that the decline is other-than-temporary.
 
Equity Investments :   Some of the factors considered in evaluating whether a decline in fair value for an equity investment is other-than-temporary include: (1) our ability and intent to retain the investment for a period of time sufficient to allow for an anticipated recovery in value; (2) the recoverability of cost; (3) the length of time and extent to which the fair value has been less than cost; and (4) the financial condition and near-term and long-term prospects for the issuer, including the relevant industry conditions and trends, and implications of rating agency actions and offering prices. When it is determined that an equity investment is other-than-temporarily impaired, the security is written down to fair value, and the amount of the impairment is included in earnings as a realized investment loss. The fair value then becomes the new cost basis of the investment, and any subsequent recoveries in fair value are recognized at disposition. We recognize a realized loss when impairment is deemed to be other-than-temporary even if a decision to sell an equity investment has not been made. When we decide to sell a temporarily impaired available-for-sale equity investment and we do not expect the fair value of the equity investment to fully recover prior to the expected time of sale, the investment is deemed to be other-than-temporarily impaired in the period in which the decision to sell is made.
 
Debt Investments:    We assess whether we intend to sell, or it is more likely than not that we will be required to sell, a fixed maturity investment before recovery of its amortized cost basis less any current period credit losses.  For fixed maturity investments that are considered other-than-temporarily impaired and that we do not intend to sell and will not be required to sell, we separate the amount of the impairment into the amount that is credit related (credit loss component) and the amount due to all other factors.  The credit loss component is recognized in earnings and is the difference between the investment’s amortized cost basis and the present value of its expected future cash flows.  The remaining difference between the investment’s fair value and the present value of future expected cash flows is recognized in other comprehensive income.
 
Major categories of recognized gains (losses) on investments are summarized as follows (in thousands):

 
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Three Months Ended
 
   
March   31
 
   
2010
   
2009
 
             
U.S. Treasury securities and obligations of U.S. Government
  $ -     $ -  
Corporate debt securities
    3,294       137  
Municipal bonds
    (96 )     (4 )
Equity securities-financial services
    566       50  
Equity securities- all other
    39       8  
Net realized gain
    3,803       191  
Other-than-temporary impairments
    -       (539 )
Gain (loss) on investments
  $ 3,803     $ (348 )
 
We realized gross gains on investments of $3.9 million and $0.3 million during the three months ended March 31, 2010 and 2009, respectively. We realized gross losses on investments of $0.1 million and $0.6 million during the three months ended March 31, 2010 and 2009, respectively. We recorded proceeds from the sale of investment securities of $47.1 million and $12.7 million during the three months ended March 31, 2010 and 2009, respectively. Realized investment gains and losses are recognized in operations on the specific identification method.

 
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The amortized cost and estimated fair value of investments in debt and equity securities (in thousands) by category is as follows:
 
         
Gross
   
Gross
       
   
Amortized
   
Unrealized
   
Unrealized
   
Fair
 
 
 
Cost
   
Gains
   
Losses
   
Value
 
                         
As of March 31, 2010                        
                         
U.S. Treasury securities and obligations of U.S. Government
  $ 6,511     $ 1     $ (1 )   $ 6,511  
Corporate debt securities
    129,741       4,637       (1,066 )     133,312  
Municipal bonds
    168,486       3,114       (1,585 )     170,015  
Asset backed
    617       19       -       636  
                                 
Total debt securities
    305,355       7,771       (2,652 )     310,474  
                                 
Financial services
    15,178       5,651       (65 )     20,764  
All other
    9,189       6,406       (16 )     15,579  
                                 
Total equity securities
    24,367       12,057       (81 )     36,343  
                                 
Total debt and equity securities
  $ 329,722     $ 19,828     $ (2,733 )   $ 346,817  
                                 
As of December 31, 2009
                               
                                 
U.S. Treasury securities and obligations of U.S. Government
  $ 6,830     $ 23     $ (17 )   $ 6,836  
Corporate debt securities
    94,560       7,190       (2,201 )     99,549