MARYLAND. Voluntary Market

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1 MARYLAND Voluntary Market PURE PREMIUMS and RATING VALUES PROPOSED EFFECTIVE NOVEMBER 1, 2003

2 The enclosed materials are copyrighted materials of the National Council on Compensation Insurance, Inc. ("NCCI") The use of these materials may be governed by a separate contractual agreement between NCCI and its licensees such as an affiliation agreement between you and NCCI. Unless permitted by NCCI, you may not copy, create derivative works, (by way of example, create or supplement your own works, databases, software, publications, manuals, or other materials) display, perform, or use the materials, in whole or in part, in any media. Such actions taken by you, or by your direction, may be in violation of federal copyright and other commercial laws. NCCI does not permit or acquiesce such use of its materials. In the event such use is contemplated or desired, please contact NCCI's Legal Department for permission.

3 Maryland TABLE OF CONTENTS BACKGROUND AND FILING PROCEDURE 1 SUMMARY OF PROPOSED CHANGE IN LOSS COSTS 2 KEY COMPONENT EXPERIENCE, TREND AND BENEFITS 3 EXPERIENCE 3 TREND 4 BENEFITS 11 CONCLUSION 12 EXHIBITS 13 HISTORICAL LOSS COST CHANGES 13 RECENT KEY LEGISLATION 14 MARYLAND WRITTEN PREMIUM 16 MARYLAND LARGEST WORKERS COMP WRITERS 17 PROPOSED LOSS COSTS AND RATING VALUES NCCI KEY CONTACTS APPENDIX NCCI AFFILIATES

4 Maryland BACKGROUND AND FILING PROCEDURE The workers compensation benefit system in Maryland is designed to cover medical costs associated with workplace injuries, as well as provide wage replacement (indemnity) benefits to injured workers for lost work time. The National Council on Compensation Insurance, Inc. (NCCI) collects an extensive amount of information regarding the workers compensation system in Maryland, and submits proposed advisory prospective loss costs for review and approval by the Maryland Commissioner of Insurance. These advisory prospective loss costs are intended to cover the indemnity and medical benefits provided under the system. They do not, however, contemplate any other costs associated with providing workers compensation insurance (such as commissions, taxes, etc.), or the expenses associated with providing these benefits (loss adjustment expenses). Each insurance company offering workers compensation insurance in Maryland must file a loss cost multiplier to be applied to the approved advisory prospective loss costs in order to compute the final workers compensation rates that they intend to charge. This multiplier is intended to cover the other costs associated with providing workers compensation insurance that are not already part of the advisory prospective loss costs. Alternatively, insurance companies may opt to not adopt these loss costs and make an independent filing instead. In this filing, NCCI is proposing that the Commissioner of Insurance approves a 4.7% decrease in the current loss costs (which went into effect on January 1, 2003), and that the new loss costs take effect on November 1, This document will explain why this decrease is necessary. NCCI separately determines loss costs for each workers compensation classification. In this filing, the actual change from the current loss cost is different depending on the classification. In fact, the loss costs for some classifications would increase if this filing is approved. Employers unable to secure coverage in the voluntary market can apply for such coverage from the Injured Workers Insurance Fund in Maryland. 1

5 Maryland SUMMARY OF PROPOSED CHANGE IN LOSS COSTS Key Components Percentage Change Experience, Trend and Benefits -9.4% Impact of Attorney fee Change +3.1% Impact of Harris vs. Board of Educ.of Howard County +2.0% Overall Change Requested -4.7% A brief discussion of each of these key components follows this page. The change in loss costs varies depending on the classification. Each classification belongs to one of five industry groups. The average change proposed for each of these five groups is displayed below, as well as the largest increase and largest decrease possible for a classification in each of those groups. OVERALL CHANGE -4.7% MANUFACTURING -10.3% Maximum Increase +15% Maximum Decrease -35% CONTRACTING -0.5% Maximum Increase +25% Maximum Decrease -25% OFFICE & CLERICAL -6.7% Maximum Increase +18% Maximum Decrease -32% MISCELLANEOUS -6.2% Maximum Increase +19% Maximum Decrease -31% GOODS & SERVICES -5.3% Maximum Increase +20% Maximum Decrease -30% 2

6 Maryland KEY COMPONENT EXPERIENCE, TREND AND BENEFITS This key component has three main parts. EXPERIENCE NCCI reviewed the emerging experience of Maryland workers compensation policies in recent years. The primary focus of our review was on premiums and losses from Policy Years 2000 and 2001, evaluated as of December 31, A policy year captures the premiums and losses from the block of policies that have effective dates during a given year. Policy Year 2001 is the most recently available policy year, since the last policy had an effective date of December 31, 2001 and did not expire until December 31, The use of the two most recently available policy years is consistent with the filings made in the past several years by NCCI in Maryland. Calendar-Accident Year 2002 experience was also examined for the purposes of this filing. A calendar-accident year captures the premiums earned during a given year, together with the losses associated with workplace accidents taking place during the same year. This information is useful in analyzing whether the pattern observed in recent years can be expected to continue in the same direction into future time periods. It should be noted that NCCI adjusts the historical policy and calendar-accident year experience to reflect both loss cost changes approved and statutory benefit changes implemented since that time period. The specific loss experience used by NCCI in this filing is paid which is benefit amounts already paid by insurers on reported claims. The use of paid loss experience is also consistent with NCCI s filings in the past several years in Maryland. From these losses, NCCI has computed loss development factors. They are needed since there is substantial lag between the time a claim is reported and the time the claim is finally settled. The factors are based on how pattern of loss payments changed over time for claims from older years. In the 11/01/2003 filing, NCCI relied on the average change in paid estimates over the last three years from the first report to the nineteenth report. The loss development factor from 19th report to ultimate, herein called the tail factor, has been selected based on five years average excluding high and low. 3

7 Maryland TREND As noted above, the filing relies primarily on the experience from Policy Years 2000 and However, the proposed loss costs are intended for use with policies with effective dates starting on November 1, Therefore, it is necessary to use trend factors that forecast how much the future Maryland workers compensation experience will differ from the past. These trend factors measure anticipated changes in the amount of indemnity and medical benefits as compared to anticipated changes in the amount of workers wages. For example, if benefit costs are expected to grow faster than wages, then a trend factor greater than zero should be applied. Conversely, if wages are expected to grow faster than benefit costs, then a trend factor less than zero is indicated. The chart below shows the history of indemnity loss ratios for the past 19 years. An indemnity loss ratio represents the proportion of premium dollars that are necessary to cover indemnity benefits (the figures in the chart reflect premiums at today s loss costs and losses at today s statutory benefit levels). Maryland Indemnity Loss Ratio History Indemnity Loss Ratio Year Policy Year Maryland s indemnity loss ratio continued to decline in policy year

8 Maryland Underlying these loss ratios are the number of workplace injuries (claim frequency) and the average cost of each of these injuries. The chart below summarizes the recent history of lost-time claims (i.e., those claims where a worker missed work time due to a workplace injury) in Maryland. Maryland Frequency 45.0 Frequency per Million of On-Leveled Premium Year Policy Year Maryland claim frequency continued to decline in policy year

9 Maryland For these workplace injuries, the average indemnity cost over time can be tracked by observing the following chart. Maryland Indemnity Cost Per Case 17,000 16,500 Average Cost Per Case 16,000 15,500 15,000 14,500 14,000 13,500 13,000 12,500 12, Year Policy Year Indemnity average cost per case experienced a modest increase in policy year 2001, its fifth consecutive year of increase. 6

10 Maryland After removing the impact of the growth in workers wages that occurred over this time period, the average indemnity cost per case in excess of wage growth is shown in the following chart. Maryland Indemnity Cost Per Case 18,000 Average Cost Per Case 17,500 17,000 16,500 16,000 15,500 15, Year Policy Year After 3 consecutive years of increases, Maryland s indemnity average cost per case (in excess of wage growth) showed a decline in the latest policy year. However, early indications from accident year 2002 show an average indemnity cost per case that is comparable to the policy year 2000 level. In last year s Maryland filing, NCCI proposed an indemnity trend factor of -1% per year. Based on our analysis this year, we are proposing an indemnity trend factor of 1% per year. This means that indemnity benefits are expected to increase at a slower pace than workers wages. 7

11 Maryland On the medical side of benefits, the chart below shows the history of medical loss ratios for the past 19 years. Maryland Medical Loss Ratio History Medical Loss Ratio Year Policy Year The modest decrease in the Maryland medical loss ratio in policy year 2001 was the third consecutive decrease after relatively stable loss ratios from 1994 through

12 Maryland As with indemnity, underlying these loss ratios are the number of workplace injuries (claim frequency) and the average cost of each of these injuries. The frequency chart discussed earlier is also a primary driver of medical costs. For these workplace injuries, the average medical cost over time is tracked in the following chart. Maryland Medical Cost Per Case Average Cost Per Case 13,500 13,000 12,500 12,000 11,500 11,000 10,500 10,000 9,500 9,000 8,500 8,000 7,500 7, Year Policy Year. Maryland s medical cost per case continued to increase in policy year

13 Maryland After removing the impact of the growth in workers wages that occurred over this time period, the average medical cost per case in excess of wage growth is shown in the following chart: Maryland Medical Cost Per Case 13,500 13,000 Average Cost Per Case 12,500 12,000 11,500 11,000 10,500 10,000 9,500 9, Year Policy Year Maryland s medical average cost per case in excess of wage growth has risen steadily since 1994 and experienced a particularly large increase in the latest policy period. In last year s Maryland filing, NCCI proposed a medical trend factor of 1.5% per year. Based on our analysis this year, we are again proposing a medical trend factor of 1.5% per year. This means that medical benefits are expected to increase at a slightly faster pace than workers wages. 10

14 Maryland BENEFITS Workers injured in Maryland receive wage replacement (indemnity) benefits at a rate of [2/3] of their pre-injury weekly wage. These benefits are subject to a weekly minimum and maximum. Each January, the minimum and maximum weekly benefits are updated based on the most recent average weekly wage in Maryland. Since losses from Policy Years 2000 and 2001 reflect the indemnity benefits being paid at that time, it is necessary for NCCI to reflect what the level of these benefits will be starting January 1, Updating the proposed voluntary loss costs to reflect the impact of minimum and maximum benefit increases on January 1, 2004 results in a 1.8% increase for indemnity losses. Since indemnity claims comprise 57.2% of all losses, the overall impact is 1.0%. A similar adjustment for medical costs needed to be made as a result of an increase in the hospital fee schedule implemented by the Maryland Health Services Cost Review Commission. The hospital fee schedule was increased by an average of 5.1% effective July 1, The total impact on medical costs is estimated at 1.9%. Since medical claims comprise 42.8% of all losses, the estimated overall impact is 0.8%. Another adjustment was needed as a result of revisions to the attorney fee schedule in Maryland by the Workers Compensation Commission. Various changes and amendments to the attorney fee schedule became effective from February to April of The method used to determine certain fees and maximums varies by injury. The most significant dollar change was to fees for permanent partial (PP) and permanent total (PT) disability. The maximum fee allowed increased from $7,500 to 20 times the state average weekly wage (SAWW). Fees for most of the other indemnity injury types (except for TT and TP) and legal procedures (except for settlement agreements) also increased by almost 100%. We estimate that the cost impact on the total workers compensation system is an increase of +3.1%. Due to a recent decision by Maryland s highest court, yet another adjustment was required. On June 6, 2003, Maryland s Court of Appeals, the state s highest court, issued a decision in Harris v. Board of Education of Howard County that changed the compensability rules under the workers compensation act. The court overruled a judicially created doctrine permitting denial of benefits for injuries that do not result from unusual activity on the part of the claimant. The court held that the unusual activity requirement is a distinct minority view in the nation and contravenes the liberal purposes of the Workers Compensation Act. We estimate an overall increase in workers compensation system costs in Maryland of 2% as a result of this decision. 11

15 Maryland CONCLUSION This filing document provides a high-level perspective on why Maryland loss costs need to decrease 4.7%. This decrease is due, in large part, to a continued decline in frequency of claims; however, medical costs continue to increase and there are early signs that indemnity costs will no longer continue in their favorable downward direction. These observations are consistent with what is being observed in the latest national data. In many states, efforts have been made to erode legislative reform, increase benefits, and weaken the exclusive remedy provision in workers compensation. Some reports also indicate that the savings from reform, managed care, and safety awareness may have begun to run dry. Therefore, continued diligence is needed by Maryland workers compensation stakeholders to ensure that the system remains strong and competitive. Following are various exhibits containing other Maryland workers compensation information that may be of interest, as well as the proposed loss costs and rating values by classification. 12

16 Maryland EXHIBIT I Maryland Historical Loss Cost Changes 9.0% 7.0% 7.6% 5.0% Change in Loss Cost 3.0% 1.0% -1.0% -3.0% -5.0% -3.4% 1.3% 1.6% -7.0% -9.0% -11.0% -9.8% -13.0% -15.0% -12.8% 01/01/ /01/ /01/ /01/ /01/ /01/ /01/ /01/2003 Effective Date No Loss Cost filings were made by NCCI for 1/1/97 and 1/1/99. 01/01/2002 increase of 1.3% was from law only filing. After several years of filing loss cost decreases, NCCI filed increases in loss costs in 2001, 2002 (law Only) and

17 Maryland EXHIBIT II RECENT KEY LEGISLATION AFFECTING WORKERS COMPENSATION 2003 Key Legislation Effective Date Bill Number Description Impact H.B. 690 Specifies a new benefit formula and cap for wholly dependent surviving spouses who become partially self-supporting after the death of a covered minimal employee. Maryland Health Services Cost Review Commission approved increase to hospital inpatient n/a services of 5.33% +0.8% approved increase to hospital outpatient services of 4.33% n/a Harris v. Board of Education of Howard County - decision by state s highest court changed the compensability rules under the workers compensation act. The court overruled a judicially +2.0% created doctrine permitting denial of benefits for injuries that do not result from unusual activity on the part of the claimant. Maryland Workers Compensation Commission revised the attorney fee schedule in Maryland. Various changes and amendments to the attorney fee schedule became effective from February to n/a April of The method used to determine certain +3.1% fees and maximums varies by injury. The most significant dollar change was to fees for permanent partial (PP) and permanent total (PT) disability. 14

18 Maryland 2002 Key Legislation Effective Date Bill Number Description Impact S.B. 371 Establishes risk based capital requirements for the Injured Workers Insurance Fund. None S.B. 522 Repeals sunset date of provision specifying various aspects of the workers compensation system that None may be established through collective bargaining S.B. 772 Amends the formula for calculating the tax against each insurer for the maintenance of the Workers Compensation Commission. Establishes a workers compensation fund in the state treasury and creates None an advisory committee on the Commissioner s budget Maryland Health Services Cost Review Commission increase in hospital fee schedule by an average of +0.6% 3.2% H.B. 491 Creates presumption that a sole proprietor is not a covered employee if the sole proprietor provides a certain notice to the principal contractor. None H.B H.B Increases the maximum limit of specified death benefits payable to partly dependent survivors from $45,000 to $60,000; Modifies the calculation of the weekly death benefits payable to partly dependent survivors. Maryland Workers Compensation Commission may not modify an award unless the modification is applied for within 5 years after the latter of: date of accident, date of disablement or last compensation payment. None None 15

19 Maryland EXHIBIT III Maryland Written Premium Written Premium ($ millions) Calendar Year Maryland s Calendar Year written premium increased significantly in

20 Maryland EXHIBIT IV Maryland Largest Workers Compensation Writers CY % 8.0% 7.6% 6.6% Market Share 6.0% 4.0% 5.0% 4.9% 4.5% 2.0% 0.0% Hartford Liberty Zurich Erie AIG Company The five largest private insurance companies providing workers compensation insurance in Maryland in 2002 are shown in this chart. 17

21 PURE PREMIUMS - NOT RATES Pure premiums exclude all expense provisions. MARYLAND Exhibit V Effective November 1, 2003 Page S1 CLASS LOSS D EX-MED CLASS LOSS D EX-MED CLASS LOSS D EX-MED CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO D D D D X N P P P P * * E E X E D D D E E D D * Refer to the Footnotes Page for additional information on this class code.

22 PURE PREMIUMS - NOT RATES Pure premiums exclude all expense provisions. MARYLAND Exhibit V Effective November 1, 2003 Page S2 CLASS LOSS D EX-MED CLASS LOSS D EX-MED CLASS LOSS D EX-MED CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO 3175D X E X N X X X X * Refer to the Footnotes Page for additional information on this class code.

23 PURE PREMIUMS - NOT RATES Pure premiums exclude all expense provisions. MARYLAND Exhibit V Effective November 1, 2003 Page S3 CLASS LOSS D EX-MED CLASS LOSS D EX-MED CLASS LOSS D EX-MED CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO N N F F F F M M M M D M M M M M M M M F F F F M M M F X X DX D X D M M M N M* M* M* F F F N * Refer to the Footnotes Page for additional information on this class code.

24 PURE PREMIUMS - NOT RATES Pure premiums exclude all expense provisions. MARYLAND Exhibit V Effective November 1, 2003 Page S4 CLASS LOSS D EX-MED CLASS LOSS D EX-MED CLASS LOSS D EX-MED CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO CODE COST ELR RATIO RATIO * F X a a a a a F F M M M M M M * * Refer to the Footnotes Page for additional information on this class code.

25 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Effective November 1, 2003 MARYLAND Exhibit V Page S5 FOOTNOTE a D E Pure premium for each individual risk must be obtained from NCCI Customer Service or the Rating Organization having jurisdiction. Pure premium for classification already includes the specific disease loading shown in the table below. See Basic Manual Rule 3-A-7. Pure premium for classification already includes the specific disease loading shown in the table below. Code No. Disease Loading Symbol Code No. Disease Loading Symbol Code No. Disease Loading Symbol 0059D 0.31 S 1710E 0.05 S 3175D 0.02 S 0065D 0.08 S 1741E 0.36 S 4024E 0.03 S 0066D 0.08 S 1803D 0.37 S 5508D 0.05 S 0067D 0.08 S 1852D 0.07 Asb 6251DX 0.07 S 1164E 0.10 S 3081D 0.06 S 6252D 0.05 S 1165E 0.02 S 3082D 0.09 S 6260D 0.08 S 1624E 0.04 S 3085D 0.05 S Asb=Asbestos, S=Silica F M N Pure premium provides for coverage under the United States Longshore and Harbor Workers Compensation Act and its extensions. Pure premium provides for coverage under Admiralty Law and Federal Employers' Liability Act (FELA). This code is part of a ratable / non-ratable group shown below. The statistical non-ratable code and corresponding pure premium are applied in addition to the basic classification when determining premium. Class Non-Ratable Code Element Code P X Classification is computed on a per capita basis. Refer to special classification phraseology in these pages which is applicable in this state. * Class Codes with Specific Footnotes 1005 Pure premium includes a non-ratable disease element of $6.06. (For coverage written separately for federal benefits only, $1.72. For coverage written separately for state benefits only, $4.34.) 1016 Pure premium includes a non-ratable disease element of $ (For coverage written separately for federal benefits only, $6.86. For coverage written separately for state benefits only, $17.39.) It also includes a catastrophe loading of $0.07. Refer to the Manual of Underground Coal Mine Rules, Classifications, and Rates for the rules applicable to the use of this classification code Pure premium and rating values only appropriate for laying or relaying of tracks or maintenance of way - no work on elevated railroads. Otherwise, assign appropriate construction or erection code pure premium and elr each x Pure premium and rating values only appropriate for laying or relaying of tracks or maintenance of way - no work on elevated railroads. Otherwise, assign appropriate construction or erection class pure premium x and elr x Pure premium and rating values only appropriate for laying or relaying of tracks or maintenance of way - no work on elevated railroads. Otherwise, assign appropriate construction or erection class pure premium and elr each x The ex-medical pure premium for this classification is $ The ex-medical pure premium for this classification is $1.51.

26 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Effective November 1, 2003 MARYLAND Exhibit V Page S6 MISCELLANEOUS VALUES Basis of premium applicable in accordance with the footnote instructions for Code "Taxicab Co.": Employee operated vehicle $54, Leased or rented vehicle. $36, Maximum Payroll applicable in accordance with Basic Manual Rule 2-E-1 -- "Executive Officers", including members of limited liability companies, and the footnote instructions for Code "Athletic Team: Non-Contact Sports," Code "Athletic Team: Contact Sports," and Code "Carnival- -Traveling"... $2, Minimum Payroll applicable in accordance with Basic Manual Rule 2-E-1 -- "Executive Officers" and members of limited liability companies $ Per Passenger Seat Surcharge - In accordance with the footnote instructions for classification Code 7421, the surcharge is maximum surcharge per aircraft $1,000 per passenger seat.. $100 Percentage Pure Premium Reductions - The following percentages are applicable by deductible amount and hazard group for total losses on a per claim basis: Total Losses Deductible HAZARD GROUP* Amount I II III IV $ % 2.9% 1.8% 1.3% $1, % 5.5% 3.3% 2.5% $2, % 7.1% 4.3% 3.3% * Percentage pure premium reductions shown are loss elimination ratios modified by a safety factor. Premium Determination for Partners and Sole Proprietors in accordance with Basic Manual Rule 2-E-3... $47, Terrorism Risk Insurance Act -Certified Losses (Advisory Pure Premium) 0.03 United States Longshore and Harbor Workers' Compensation Coverage Percentage applicable only in connection with Basic Manual Rule 3-A % (Multiply a Non-F classification pure premium by a factor of 1.2. This factor adjusts for the difference in state and federal benefits only.) Experience Rating Eligibility A risk is eligible for intrastate experience rating when the payrolls or other exposures developed in the last year or last two years of the experience period produced a premium of at least $10,000. If more than two years, an average annual premium of at least $5,000 is required. Page A-1 of the Experience Rating Plan Manual should be referenced for the latest approved eligibility amounts by state.

27 EXPERIENCE RATING PLAN MANUAL MARYLAND PART FIVE Exhibit V Effective November 1, 2003 Page S7 TABLE OF WEIGHTING VALUES APPLICABLE TO ALL POLICIES Expected Weighting Expected Weighting Losses Values Losses Values , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,024, , , ,024, ,084, , , ,084, ,149, , , ,149, ,219, , , ,219, ,295, , , ,295, ,377, , , ,377, ,466, , , ,466, ,564, , , ,564, ,671, , , ,671, ,789, , , ,789, ,920, , , ,920, ,066, , , ,066, ,230, , , ,230, ,414, , , ,414, ,625, , , ,625, ,866, , , ,866, ,146, , , ,146, ,474, , , ,474, ,865, , , ,865, ,339, , , ,339, ,924, , , ,924, ,665, , , ,665, ,634, , , ,634, ,955, , , ,955, ,863, , , ,863, ,862, , , ,862, ,260, , , ,260, ,855, , , ,855, ,830, , , ,830,622 AND OVER , , , , , , (a) State Per Claim Accident Limitation $140,000 (b) State Multiple Claim Accident Limitation $280,000 (c) USL&HW Per Claim Accident Limitation $305,500 (d) USL&HW Multiple Claim Accident Limitation $611,000 (e) Employers Liability Accident Limitation $55,000 (f) USL&HW Act -- Expected Loss Factor -- Non-F Classes (Multiply a Non-F classification ELR by the USL&HW Act - Expected Loss Factor of 1.32.) Cap on Modifications = 1 + ( )((Expected Losses) + (2)(Expected Losses)/(5.60)) 7/03

28 EXPERIENCE RATING PLAN MANUAL MARYLAND PART FIVE Exhibit V Effective November 1, 2003 Page S8 TABLE OF BALLAST VALUES APPLICABLE TO ALL POLICIES Expected Ballast Expected Ballast Expected Ballast Losses Values Losses Values Losses Values ,121 14, , , ,000 1,946, ,974, ,000 30, ,841 16, , ,022, ,800 1,974, ,002, ,800 51, ,798 19,600 1,022, ,050, ,600 2,002, ,030, ,600 76, ,126 22,400 1,050, ,078, ,400 2,030, ,058, , , ,095 25,200 1,078, ,106, ,200 2,058, ,086, , , ,401 28,000 1,106, ,134, ,000 2,086, ,114, , , ,906 30,800 1,134, ,162, ,800 2,114, ,142, , , ,535 33,600 1,162, ,190, ,600 2,142, ,170, , , ,247 36,400 1,190, ,218, ,400 2,170, ,198, , , ,018 39,200 1,218, ,246, ,200 2,198, ,226, , , ,830 42,000 1,246, ,274, ,000 2,226, ,254, , , ,675 44,800 1,274, ,302, ,800 2,254, ,282, , , ,543 47,600 1,302, ,330, ,600 2,282, ,310, , , ,431 50,400 1,330, ,358, ,400 2,310, ,338, , , ,334 53,200 1,358, ,386, ,200 2,338, ,366, , , ,249 56,000 1,386, ,414, ,000 2,366, ,394, , , ,174 58,800 1,414, ,442, ,800 2,394, ,422, , , ,108 61,600 1,442, ,470, ,600 2,422, ,450, , , ,049 64,400 1,470, ,498, ,400 2,450, ,478, , , ,996 67,200 1,498, ,526, ,200 2,478, ,506, , , ,948 70,000 1,526, ,554, ,000 2,506, ,534, , , ,904 72,800 1,554, ,582, ,800 2,534, ,562, , , ,864 75,600 1,582, ,610, ,600 2,562, ,590, , , ,828 78,400 1,610, ,638, ,400 2,590, ,618, , , ,794 81,200 1,638, ,666, ,200 2,618, ,646, , , ,763 84,000 1,666, ,694, ,000 2,646, ,674, , , ,735 86,800 1,694, ,722, , , ,708 89,600 1,722, ,750, , , ,683 92,400 1,750, ,778, , , ,660 95,200 1,778, ,806, , , ,639 98,000 1,806, ,834, , , , ,800 1,834, ,862, , , , ,600 1,862, ,890, , , , ,400 1,890, ,918, , , , ,200 1,918, ,946, ,200 For Expected Losses greater than $2,674,000, the Ballast Value can be calculated using the following formula (rounded to the nearest 1): Ballast = (0.10)(Expected Losses) (Expected Losses)(5.60) / (Expected Losses + (700)(5.60)) Cap on Modifications = 1 + ( )((Expected Losses) + (2)(Expected Losses)/(5.60)) 7/03

29 Coal Miners Experience Rating Plan Maryland Table III - Table of W and B Values State Average D & P.T. Value: /01/03 Expected Losses W B Expected Losses W B Exhibit V , ,250 2,262, ,306, ,635 25, , ,401 2,306, ,349, ,376 90, , ,813 2,349, ,393, , , , ,486 2,393, ,436, , , , ,421 2,436, ,479, , , , ,617 2,479, ,523, , , , ,074 2,523, ,566, , , , ,793 2,566, ,610, , , , ,773 2,610, ,653, , , , ,015 2,653, ,697, , , , ,518 2,697, ,740, , , , ,282 2,740, ,784, , , , ,307 2,784, ,827, , , , ,594 2,827, ,870, , , , ,142 2,870, ,914, , , , ,952 2,914, ,957, , , , ,023 2,957, ,001, , , , ,355 3,001, ,044, , , , ,949 3,044, ,088, , , , ,804 3,088, ,131, , , , ,920 3,131, ,175, , , , ,298 3,175, ,218, , , ,002, ,937 3,218, ,262, ,306 1,002, ,046, ,837 3,262, ,305, ,797 1,046, ,089, ,999 3,305, ,348, ,549 1,089, ,132, ,422 3,348, ,392, ,562 1,132, ,176, ,106 3,392, ,435, ,837 1,176, ,219, ,052 3,435, ,479, ,373 1,219, ,263, ,259 3,479, ,522, ,170 1,263, ,306, ,728 3,522, ,566, ,229 1,306, ,350, ,458 3,566, ,609, ,549 1,350, ,393, ,449 3,609, ,653, ,130 1,393, ,437, ,701 3,653, ,696, ,973 1,437, ,480, ,215 3,696, ,739, ,077 1,480, ,524, ,990 3,739, ,783, ,442 1,524, ,567, ,027 3,783, ,826, ,069 1,567, ,610, ,325 3,826, ,870, ,957 1,610, ,654, ,884 3,870, ,913, ,107 1,654, ,697, ,705 3,913, ,957, ,518 1,697, ,741, ,787 3,957, ,000, ,190 1,741, ,784, ,130 4,000, ,044, ,123 1,784, ,828, ,735 4,044, ,087, ,318 1,828, ,871, ,601 4,087, ,131, ,774 1,871, ,915, ,728 4,131, ,174, ,492 1,915, ,958, ,117 4,174, ,217, ,471 1,958, ,001, ,767 4,217, ,261, ,711 2,001, ,045, ,678 4,261, ,304, ,213 2,045, ,088, ,851 4,304, ,369, ,976 2,088, ,132, ,285 4,370, OVER ,132, ,175, ,981 2,175, ,219, ,938 2,219, ,262, ,156 7/03

30 RETROSPECTIVE RATING PLAN MANUAL MARYLAND STATE SPECIAL RATING VALUES RR 1 Effective November 1, 2003 Exhibit V 1. Hazard Group Differentials I II III IV ** Table of Expected Loss Ranges Effective July 1, Table of Expected Loss Ranges** Effective December 1, Excess Loss Pure Premium Factors (Applicable to New and Renewal Policies) Per Accident Hazard Groups Limitation I II III IV $25, $30, * $35, $40, * $50, * $75, $100, * $125, $150, $175, $200, $250, $300, $500, $1,000, $2,000, $5,000, * Also applicable to Underground Coal Mine classifications. 4. Retrospective Pure Premium Development Factors With Loss Limit Without Loss Limit 1st 2nd 3rd 1st 2nd 3rd 4th & Subsequent Adj. Adj. Adj. Adj. Adj. Adj. Adjustment State Special Classifications by Hazard Group Code No. HG Code No. HG Code No. HG Code No. HG 2791 I 4417 II 4536 IV 7373 III 3075 II 4479 I 4584 III ** Effective December 1, 2003.

31 Maryland NCCI KEY CONTACTS Lori Lovgren Regulatory Services Division National Council on Compensation Insurance, Inc. (NCCI) 901 Peninsula Corporate Circle, Boca Raton FL Phone: Robert Moss Associate Actuary, ACAS, MAAA, ARe Actuarial & Economics Services National Council on Compensation Insurance, Inc. (NCCI) 5 Marine View Plaza, Hoboken NJ Phone: Fax: All NCCI employees can be contacted via using the following format: First Name_Last [email protected]

32 1 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND ACADIA INSURANCE COMPANY ACCIDENT FUND INS CO OF AMERICA ACE AMERICAN INSURANCE COMPANY ACE FIRE UNDERWRITERS INSURANCE COMPANY ACE INDEMNITY INSURANCE COMPANY ACE PROPERTY & CASUALTY INSURANCE COMPANY ACIG INS CO ADMIRAL INDEMNITY COMPANY AIU INS CO ALEA NORTH AMERICA INS CO ALLIANZ INS CO AMERICAN ALTERNATIVE INSURANCE CORPORATION AMERICAN AND FOREIGN INS CO AMERICAN AUTOMOBILE INSURANCE CO AMERICAN CASUALTY COMPANY OF READING P A AMERICAN CENTRAL INSURANCE COMPANY AMERICAN ECONOMY INS CO AMERICAN EMPLOYERS INSURANCE CO AMERICAN FIRE AND CASUALTY CO AMERICAN GUARANTEE AND LIABILITY INS CO AMERICAN HARDWARE MUTUAL INS CO AMERICAN HOME ASSURANCE CO AMERICAN INS CO AMERICAN INTERNATIONAL SOUTH INS CO AMERICAN INTERSTATE INS CO AMERICAN MANUFACTURERS MUTUAL INS CO AMERICAN MINING INS CO AMERICAN MOTORISTS INS CO AMERICAN PHYSICIANS ASSURANCE CORP AMERICAN PROTECTION INS CO AMERICAN SAFETY CASUALTY INS CO AMERICAN STATES INS CO (A SAFECO COMPANY) AMERICAN ZURICH INS CO AMERISURE INS CO AMERISURE INS CO AMERISURE MUTUAL INS CO AMERISURE MUTUAL INS CO AMGUARD INS CO ARCH INS CO ARGONAUT INS CO ARGONAUT MIDWEST INS CO ASSOCIATED INDEMNITY CORP ASSURANCE COMPANY OF AMERICA ATLANTIC INS CO ATLANTIC MUTUAL INS CO ATLANTIC STATES INS CO

33 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND AVEMCO INS CO BANCINSURE INC BANKERS STANDARD INS CO BERKLEY INS CO OF THE CAROLINAS BIRMINGHAM FIRE INS CO OF PA BITUMINOUS CASUALTY CORP BITUMINOUS FIRE AND MARINE INS CO BLUE RIDGE INDEMNITY COMPANY BLUE RIDGE INSURANCE CO BRETHREN MUTUAL INS CO BROTHERHOOD MUTUAL INS CO CA INDEMNITY INS CO CAMDEN FIRE INS ASSN CAPITAL CITY INS CO CENTENNIAL INS CO CENTRE INSURANCE COMPANY CHARTER OAK FIRE INS CO CHUBB INDEMNITY INS CO CHURCH MUTUAL INS CO CINCINNATI CASUALTY COMPANY CINCINNATI INDEMNITY COMPANY CINCINNATI INS CO CLARENDON NATIONAL INS CO CLARENDON NATIONAL INS CO COLOGNE REINSURANCE CO OF AMERICA COLONIAL AMERICAN CASUALTY & SURETY CO COLONY SPECIALTY INS CO COMMERCE AND INDUSTRY INS CO COMMERCIAL CASUALTY INS CO COMPANION COMMERCIAL INS CO COMPANION PROPERTY AND CASUALTY INS CO CONNECTICUT INDEMNITY COMPANY CONTINENTAL CASUALTY CO CONTINENTAL INS CO CONVERIUM INS (NORTH AMERICA) INC CRUM AND FORSTER INDEMNITY CO CUMIS INS SOCIETY INC DAIMLERCHRYSLER INS CO DISCOVER PROPERTY & CASUALTY INS CO DONEGAL MUTUAL INS CO EAGLE PACIFIC INS CO EASTERN ALLIANCE INSURANCE COMPANY EASTGUARD INS CO ELECTRIC INS CO EMCASCO INS CO EMPLOYEE BENEFITS INS CO EMPLOYERS FIRE INSURANCE COMPANY

34 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND EMPLOYERS INS OF WAUSAU EMPLOYERS MUTUAL CASUALTY CO ERIE INS CO ERIE INS EXCHANGE ERIE INS PROPERTY AND CASUALTY CO EVEREST NATIONAL INS CO EVEREST REINSURANCE CO (DIRECT) EXCELSIOR INSURANCE COMPANY FAIRFIELD INS CO FAIRMONT INS CO FARMERS CASUALTY INS CO FARMLAND MUTUAL INS CO FEDERAL INS CO FEDERATED MUTUAL INS CO FEDERATED RURAL ELECTRIC INS EXCHANGE FIDELITY & DEPOSIT COMPANY OF MARYLAND FIDELITY & GUARANTY INS UNDERWRITERS FIDELITY & GUARANTY INSURANCE CO FIRE & CASUALTY INSURANCE CO OF CONNECTICUT FIREMANS FUND INS CO FIREMANS FUND INS CO OF WI FIREMENS INS CO OF WASHINGTON DC FIRST LIBERTY INS CORP FIRST NATIONAL INS CO OF AMERICA FIRST NONPROFIT INS CO FIRSTLINE NATIONAL INSURANCE COMPANY FLAGSHIP CITY INS CO FLORISTS INS CO FLORISTS MUTUAL INS CO GENERAL CASUALTY COMPANY OF WISCONSIN GENERAL INS CO OF AMERICA GENERAL REINSURANCE CORP GENESIS INS CO GLOBE INDEMNITY CO GRANITE STATE INSURANCE COMPANY GRAPHIC ARTS MUTUAL INS CO GREAT AMERICAN ALLIANCE INS CO GREAT AMERICAN ASSURANCE COMPANY GREAT AMERICAN INS CO GREAT AMERICAN INS CO OF NY GREAT NORTHERN INS CO GREAT WEST CASUALTY COMPANY GREATER NY MUTUAL INS CO GREENWICH INS CO GROCERS INSURANCE COMPANY GUARANTEE INS CO GUIDEONE MUTUAL INS CO

35 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND GUIDEONE SPECIALTY MUTUAL INS CO GULF INS CO HANOVER AMERICAN INS CO HANOVER INS CO HARBOR SPECIALTY INS CO HARCO NATIONAL INS CO HARFORD MUTUAL INS CO HARLEYSVILLE INSURANCE COMPANY HARLEYSVILLE MUTUAL INS CO HARLEYSVILLE PERFERRED INSURANCE CO HARTFORD ACCIDENT AND INDEMNITY CO HARTFORD CASUALTY INS CO HARTFORD FIRE INS CO HARTFORD INS CO OF IL HARTFORD INS CO OF MIDWEST HARTFORD INS CO OF THE SOUTHEAST HARTFORD UNDERWRITERS INS CO HIGHMARK CASUALTY INSURANCE COMPANY ILLINOIS NATIONAL INSURANCE COMPANY IN LUMBERMENS MUTUAL INS CO INDEMNITY INS CO OF N AMERICA (CT GENERAL) (ACE) INS CO OF GREATER NY INS CO OF NORTH AMERICA INS CO OF THE AMERICAS INS CO OF THE STATE PA INS CORP OF AMERICA INSURANCE COMPANY OF OHIO INTL BUSINESS & MERCANTILE REASSURANCE KEMPER CASUALTY INSURANCE COMPANY KEMPER EMPLOYERS INSURANCE CO LIBERTY INS CORP LIBERTY MUTUAL FIRE INS CO LIBERTY MUTUAL INS CO LINCOLN GENERAL INS CO LM INS CORP LUMBERMEN'S UNDERWRITING ALLIANCE LUMBERMENS MUTUAL CASUALTY CO MA BAY INS CO MANUFACTURERS ALLIANCE INS CO MARYLAND CASUALTY COMPANY MERCHANTS INSURANCE CO OF N H INC MERCHANTS MUTUAL INS CO MERIDIAN CITIZENS SECURITY INSURANCE COMPANY MERIDIAN SECURITY INSURANCE COMPANY MIDDLESEX INS CO MIDWEST EMPLOYERS CASUALTY CO MILBANK INSURANCE COMPANY

36 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND MITSUI MARINE AND FIRE INS CO OF AMERICA MONTGOMERY INDEMNITY COMPANY MONTGOMERY MUTUAL INSURANCE COMPANY MUTUAL BENEFIT INS CO NATIONAL AMERICAN INS CO NATIONAL FIRE INS CO OF HARTFORD NATIONAL GRANGE MUTUAL INS CO NATIONAL INTERSTATE INS CO NATIONAL LIABILITY & FIRE INSURANCE CO NATIONAL REINSURANCE CORP NATIONAL SURETY CORP NATIONAL UNION FIRE INS CO OF PITTSBURG NATIONWIDE AGRIBUSINESS INS CO NATIONWIDE MUTUAL FIRE INS CO NATIONWIDE MUTUAL INS CO NATIONWIDE PROPERTY AND CASUALTY INS CO NETHERLANDS INSURANCE COMPANY NEW HAMPSHIRE INDEMNITY COMPANY NEW HAMPSHIRE INSURANCE COMPANY NIPPONKOA INS CO LIMITED (US BRANCH) NORGUARD INS CO NORTH AMERICAN ELITE INSURANCE CO NORTH AMERICAN SPECIALTY INS CO NORTH RIVER INS CO NORTHERN ASSURANCE CO OF AMERICA NORTHERN INSURANCE CO OF N Y NORTHSTAR REINSURANCE CORP OH CASUALTY INS CO OH FARMERS INS CO OHIO SECURITY INS CO OLD GUARD FIRE INS CO OLD GUARD INSURANCE COMPANY OLD REPUBLIC INS CO ONEBEACON AMERICA INS CO ONEBEACON INSURANCE COMPANY ORISKA INS CO P M A CAPITAL INS CO PA GENERAL INS CO PA LUMBERMENS MUTUAL INS CO PA MANUFACTURERS ASSN INS CO PA MANUFACTURERS INDEMNITY CO PA NATIONAL MUTUAL CAS INS CO PACIFIC EMPLOYERS INS CO PACIFIC INDEMNITY CO PEERLESS INSURANCE COMPANY PENINSULA INS CO PENN MILLERS INS CO

37 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND PENN MUTUAL INS CO PENN MUTUAL INS CO PENN NATIONAL SECURITY INS CO PETROLEUM CASUALTY CO PHARMACISTS MUTUAL INS CO PHOENIX ASSURANCE CO OF NEW YORK PHOENIX INS CO POTOMAC INS CO OF IL PREFERRED PROFESSIONAL INSURANCE COMPANY PRINCETON INS COMPANY PROTECTIVE INS CO PROVIDENCE WA INS CO PUBLIC SERVICE MUTUAL INS CO RANGER INS CO RECIPROCAL OF AMERICA RECIPROCAL OF AMERICA REGENT INSURANCE COMPANY REPUBLIC FRANKLIN INS CO REPUBLIC WESTERN INS CO ROCKWOOD CASUALTY IN CO ROYAL INDEMNITY CO ROYAL INS CO OF AMERICA SAFECO INS CO OF AMERICA SAFECO INS CO OF IL SAFEGUARD INS CO SAFETY FIRST INS CO SAFETY NATIONAL CASUALTY CORP SECURITY INS CO OF HARTFORD SELECT RISK INS CO SELECTIVE INS CO OF AMERICA SELECTIVE INS CO OF SC SELECTIVE INS CO OF THE SOUTHEAST SELECTIVE WAY INS CO SENECA INS CO SENTRY INS A MUTUAL CO SENTRY SELECT INSURANCE COMPANY SOMPO JAPAN INSURANCE CO OF AMERICA SOUTHERN PILOT INSURANCE COMPANY SOUTHERN STATES INS EXCHANGE SPECIALTY NATIONAL INS CO ST PAUL FIRE AND MARINE INS CO ST PAUL GUARDIAN INS CO ST PAUL MERCURY INS CO ST PAUL PROTECTIVE INS CO STANDARD FIRE INSURANCE COMPANY STAR INS CO STATE AUTO PROPERTY AND CASUALTY INS CO

38 MARYLAND APPENDIX NCCI AFFILIATE LIST MARYLAND STATE AUTOMOBILE MUTUAL INS CO STATE FARM FIRE AND CASUALTY CO SUMITOMO MARINE AND FIRE INS CO LTD (US BRANCH) T.H.E. INSURANCE COMPANY TECHNOLOGY INS CO TIG INS CO (FAIRFAX INC) TIG PREMIER INS CO TOKIO MARINE AND FIRE INS CO TRANS PACIFIC INS CO TRANSCONTINENTAL INS CO TRANSGUARD INS CO OF AMERICA INC TRANSPORTATION INS CO TRAVELERS CASUALTY & SURETY TRAVELERS CASUALTY & SURETY CO OF AMERICA TRAVELERS INDEMNITY CO TRAVELERS INDEMNITY CO OF AMERICA TRAVELERS INDEMNITY CO OF CT TRAVELERS INDEMNITY CO OF IL TRAVELERS INS CO (PRE 2003) TRUCK INS EXCHANGE TWIN CITY FIRE INS CO ULICO CASUALTY CO UNION INSURANCE COMPANY UNITED FARM FAMILY INS CO UNITED STATES FIDELITY & GUARANTY CO UNITED WI INS CO UNIVERSAL UNDERWRITERS INS CO US FIRE INS CO US SPECIALTY INS CO UTICA MUTUAL INS CO VALIANT INSURANCE COMPANY VALLEY FORGE INS CO VANLINER INS CO VIGILANT INS CO VIRGINIA SURETY COMPANY INC WAUSAU BUSINESS INSURANCE COMPANY WAUSAU UNDERWRITERS INSURANCE COMPANY WEST AMERICAN INS CO WESTFIELD INS CO WESTPORT INS CORP XL SPECIALTY INS CO YORK INS CO ZENITH INS CO ZURICH AMERICAN INS CO ZURICH AMERICAN INS CO OF IL

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