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Allstate Life Insurance Co of New York – ‘10-Q’ for 6/30/02

On:  Wednesday, 8/14/02, at 1:40pm ET   ·   For:  6/30/02   ·   Accession #:  945094-2-519   ·   File #:  33-47245

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 8/14/02  Allstate Life Ins Co of New York  10-Q        6/30/02    2:244K                                   Glenbrook Life & Ann… Co

Quarterly Report   —   Form 10-Q
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Allstate Life of New York 10Q                         25    132K 
 2: EX-10       Agreements                                           128    265K 


10-Q   —   Allstate Life of New York 10Q
Document Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page   -   Filing Submission
2Item 1. Financial Statements
23Item 1. Legal Proceedings
"Item 6. Exhibits and Reports on Form 8-K
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q Registrant meets the conditions set forth in General Instruction H(1)(a) and (b) of Form 10-Q and is therefore filing this Form with the reduced disclosure format. [x] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended: June 30, 2002 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission file number: 333-61846 Allstate Life Insurance Company of New York (Exact Name of Registrant as Specified in Its Charter) NEW YORK 36-2608394 (State or Other Jurisdiction of (I.R.S. Employer Incorporation or Organization) Identification No.) One Allstate Drive 11738 Farmingville, New York (Zip Code) (Address of principal executive offices) Registrant's telephone number, including area code: 516/451-5300 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 [ ] As of July 31, 2002, Registrant had 100,000 shares of common stock outstanding, par value $25 per share, all of which shares are held by Allstate Life Insurance Company.
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[Enlarge/Download Table] ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK INDEX TO QUARTERLY REPORT ON FORM 10-Q JUNE 30, 2002 PART I. FINANCIAL INFORMATION Item 1. Financial Statements Condensed Statements of Operations for the Three Month and Six Month Periods Ended June 30, 2002 and 2001 (unaudited) 3 Condensed Statements of Financial Position as of June 30, 2002 (unaudited) and December 31, 2001 4 Condensed Statements of Cash Flows for the Six Month Periods Ended June 30, 2002 and 2001 (unaudited) 5 Notes to Condensed Financial Statements (unaudited) 6 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 10 PART II. OTHER INFORMATION Item 1. Legal Proceedings 23 Item 6. Exhibits and Reports on Form 8-K 23 Signature Page 24 2
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PART 1. FINANCIAL INFORMATION ITEM 1. CONDENSED FINANCIAL STATEMENTS ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK CONDENSED STATEMENTS OF OPERATIONS [Enlarge/Download Table] Three Months Ended Six Months Ended June 30, June 30, -------------------------- ---------------------------- -------------------------- ---------------------------- (in thousands) 2002 2001 2002 2001 ----------- ------------- ------------- ------------- (Unaudited) (Unaudited) REVENUES Premiums $ 30,230 $ 26,779 $ 52,774 $ 46,993 Contract charges 12,250 10,117 24,607 20,471 Net investment income 56,953 50,209 111,381 98,695 Realized capital gains and losses 1,142 (3,229) (1,465) (2,452) ---------- ------------ ------------ ------------ 100,575 83,876 187,297 163,707 ---------- ------------ ------------ ------------ COSTS AND EXPENSES Contract benefits 44,673 45,584 90,500 85,056 Interest credited to contractholder funds 25,399 18,281 41,430 34,592 Amortization of deferred policy acquisition costs 4,942 2,089 6,784 3,785 Operating costs and expenses 8,372 8,050 18,514 15,794 ---------- ------------ ------------ ------------ 83,386 74,004 157,228 139,227 ---------- ------------ ------------ ------------ INCOME FROM OPERATIONS BEFORE INCOME TAX EXPENSE AND CUMULATIVE EFFECT OF CHANGE IN ACCOUNTING PRINCIPLE 17,189 9,872 30,069 24,480 Income tax expense 5,945 3,402 10,352 8,457 ---------- ------------ ------------ ------------ INCOME BEFORE CUMULATIVE EFFECT OF CHANGE IN ACCOUNTING PRINCIPLE 11,244 6,470 19,717 16,023 Cumulative effect of change in accounting for derivative financial instruments, after-tax - - - (147) ---------- ------------ ------------ ------------ NET INCOME $ 11,244 $ 6,470 $ 19,717 $ 15,876 ========== ============ ============ ============ 3 See notes to condensed financial statements.
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[Enlarge/Download Table] ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK CONDENSED STATEMENTS OF FINANCIAL POSITION June 30, December 31, (in thousands, except par value data) 2002 2001 --------------- ----------------- --------------- ----------------- (Unaudited) ASSETS Investments Fixed income securities, at fair value (amortized cost $2,895,301 and $2,678,265) $ 3,138,531 $ 2,894,461 Mortgage loans 271,259 242,727 Short-term 120,074 57,507 Policy loans 33,082 33,160 -------------- ---------------- Total investments 3,562,946 3,227,855 Cash 6,153 7,375 Deferred policy acquisition costs 176,408 156,615 Accrued investment income 38,919 33,601 Reinsurance recoverables 1,134 1,453 Other assets 13,680 13,800 Separate Accounts 589,029 602,657 -------------- ---------------- TOTAL ASSETS $ 4,388,269 $ 4,043,356 ============== ================ LIABILITIES Reserve for life-contingent contract benefits 1,378,722 1,317,816 Contractholder funds 1,656,171 1,428,113 Current income taxes payable 3,305 6,049 Deferred income taxes 72,576 64,612 Other liabilities and accrued expenses 195,352 164,399 Payable to affiliates, net 3,904 427 Reinsurance payable to affiliate, net 859 307 Separate Accounts 589,029 602,657 -------------- ---------------- TOTAL LIABILITIES $ 3,899,918 $ 3,584,380 -------------- ---------------- COMMITMENTS AND CONTINGENT LIABILITIES (NOTE 3) SHAREHOLDER'S EQUITY Common stock, $25 par value, 100,000 shares authorized, issued and outstanding 2,500 2,500 Additional capital paid-in 45,787 45,787 Retained income 311,411 291,694 Accumulated other comprehensive income: Unrealized net capital gains and losses 128,653 118,995 -------------- ---------------- Total accumulated other comprehensive income 128,653 118,995 -------------- ---------------- TOTAL SHAREHOLDER'S EQUITY 488,351 458,976 -------------- ---------------- TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY $ 4,388,269 $ 4,043,356 ============== ================ See notes to condensed financial statements. 4
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[Enlarge/Download Table] ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK CONDENSED STATEMENTS OF CASH FLOWS Six Months Ended June 30, -------------------------- -------------------------- (in thousands) 2002 2001 ------------ ------------ (Unaudited) CASH FLOWS FROM OPERATING ACTIVITIES Net income $ 19,717 $ 15,876 Adjustments to reconcile net income to net cash provided by operating activities: Amortization and other non-cash items (24,000) (24,681) Realized capital gains and losses 1,465 2,452 Interest credited to contractholder funds 41,430 34,592 Changes in: Life-contingent contract benefits and insurance reserves 28,083 30,332 Deferred policy acquisition costs (17,768) (25,264) Income taxes payable 20 7,849 Other operating assets and liabilities (2,712) 3,569 ----------- ---------- Net cash provided by operating activities 46,235 44,725 ----------- ---------- CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from sales of fixed income securities 129,851 122,378 Investment collections Fixed income securities 87,663 38,459 Mortgage loans 13,113 11,376 Investments purchases Fixed income securities (399,221) (332,654) Mortgage loans (41,276) (15,500) Change in short-term investments, net (43,709) (29,260) Change in other investments, net 788 (392) Change in policy loans, net 78 (598) ----------- ---------- Net cash used in investing activities (252,713) (206,191) ----------- ---------- CASH FLOWS FROM FINANCING ACTIVITIES Contractholder fund deposits 286,469 261,791 Contractholder fund withdrawals (81,213) (101,172) ----------- ---------- Net cash provided by financing activities 205,256 160,619 ----------- ---------- NET DECREASE IN CASH (1,222) (847) CASH AT BEGINNING OF PERIOD 7,375 2,162 ----------- ---------- CASH AT END OF PERIOD $ 6,153 $ 1,315 =========== ========== See notes to condensed financial statements. 5
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ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK NOTES TO FINANCIAL STATEMENTS (UNAUDITED) 1. BASIS OF PRESENTATION The accompanying condensed financial statements include the accounts of Allstate Life Insurance Company of New York (the "Company"), a wholly owned subsidiary of Allstate Life Insurance Company ("ALIC"), which is wholly owned by Allstate Insurance Company ("AIC"), a wholly owned subsidiary of The Allstate Corporation (the "Corporation"). The condensed financial statements and notes as of June 30, 2002, and for the three-month and six-month periods ended June 30, 2002 and 2001, are unaudited. The condensed financial statements reflect all adjustments (consisting only of normal recurring accruals) which are, in the opinion of management, necessary for the fair presentation of the financial position, results of operations and cash flows for the interim periods. These condensed financial statements and notes should be read in conjunction with the financial statements and notes thereto included in the Allstate Life Insurance Company of New York Annual Report on Form 10-K for the year ended December 31, 2001. The results of operations for the interim periods should not be considered indicative of results to be expected for the full year. To conform with the 2002 and year-end 2001 presentations, certain prior year amounts have been reclassified. NEW ACCOUNTING STANDARD In June 2001, the Financial Accounting Standards Board ("FASB") issued Statement of Financial Accounting Standard ("SFAS") No. 142, "Goodwill and other Intangible Assets", which eliminates the requirement to amortize goodwill, and requires that goodwill and separately identified intangible assets with indefinite lives be evaluated for impairment on an annual basis (or more frequently if impairment indicators arise) on a fair value basis. The Company adopted SFAS No. 142 effective January 1, 2002. The Company's 2001 results do not reflect the impact of the non-amortization provisions of SFAS No. 142. Had the Company adopted the non-amortization provisions on January 1, 2001, the impact would have been immaterial to Net income (goodwill totaled $160 thousand balance at June 30, 2002). During the second quarter of 2002, the Company completed the initial goodwill impairment test required by SFAS No. 142 and concluded that goodwill was not impaired. PENDING ACCOUNTING STANDARD On July 31, 2002, the AICPA issued an exposure draft Statement of Position ("SOP") entitled "Accounting and Reporting by Insurance Enterprises for Certain Nontraditional Long-Duration Contracts and for Separate Accounts". The accounting guidance contained in the proposed SOP applies to several of the Company's products and product features. The proposed effective date of the SOP is fiscal years beginning after December 15, 2003, with earlier adoption encouraged. Initial application should be as of the beginning of the fiscal year; therefore, if adopted during an interim period of 2003, prior interim periods should be restated. Most provisions of the proposed SOP will have a minimal impact to the Company, however, a provision that requires the establishment of a liability in addition to the account balance for contracts that contain death benefits may have a material impact on the condensed statement of operations depending on the market conditions at the time of adoption. Contracts affected are those that contain provisions wherein the amounts assessed against the contractholder each period for the insurance benefit feature are not proportionate to the insurance coverage provided for the period. These contract provisions are commonly referred to as guaranteed minimum death benefits. 6
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ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK NOTES TO FINANCIAL STATEMENTS (UNAUDITED) 2. COMPREHENSIVE INCOME The components of other comprehensive income on a pretax and after-tax basis are as follows: [Enlarge/Download Table] Three Months Ended June 30, ----------------------------------------------------------------------------- -------------------------------------- ----------------------------------- (in thousands) 2002 2001 -------------------------------------- ----------------------------------- ----------- ---------- ---------- ---------- --------- --------- After- After- Pretax Tax tax Pretax Tax tax ----------- ---------- ---------- ---------- --------- --------- ----------- ---------- ---------- ---------- --------- --------- UNREALIZED CAPITAL GAINS AND LOSSES AND NET GAINS AND LOSSES ON DERIVATIVE FINANCIAL INSTRUMENTS: Unrealized holding gains (losses) arising during the period $ 23,800 $ (8,330) $ 15,470 $ (18,421) $ 6,448 $ (11,973) Less: reclassification adjustments (51) 18 (33) (2,324) 814 (1,510) ----------- --------- -------- ---------- ---------- ---------- Unrealized net capital gains (losses) 23,851 (8,348) 15,503 (16,097) 5,634 (10,463) Net gains (losses) on derivative financial instruments arising during the period 1,193 (418) 775 (1,138) 398 (740) Less: reclassification adjustments 1,193 (418) 775 (904) 316 (588) ----------- --------- --------- ---------- ---------- --------- Net (losses) gains on derivative financial instruments - - - (234) 82 (152) ----------- --------- --------- ---------- ---------- --------- Other comprehensive income (loss) $ 23,851 $ (8,348) 15,503 $ (16,331) $ 5,716 (10,615) =========== ========= ========== ========== Net income 11,244 6,470 --------- --------- Comprehensive income (loss) $ 26,747 $ (4,145) ========= ========= Six Months Ended June 30, ----------------------------------------------------------------------------- -------------------------------------- ----------------------------------- 2002 2001 -------------------------------------- ----------------------------------- ----------- ---------- ---------- ---------- --------- --------- (in thousands) After- After- Pretax Tax tax Pretax Tax tax ----------- ---------- ---------- ---------- --------- --------- ----------- ---------- ---------- ---------- --------- --------- UNREALIZED CAPITAL GAINS AND LOSSES AND NET GAINS AND LOSSES ON DERIVATIVE FINANCIAL INSTRUMENTS: Unrealized holding gains (losses) arising during the period $ 14,127 $ (4,945) $ 9,182 $ (7,341) $ 2,570 $ (4,771) Less: reclassification adjustments (732) 256 (476) (2,059) 721 (1,338) ----------- ---------- ---------- ---------- ---------- ---------- Unrealized net capital gains (losses) 14,859 (5,201) 9,658 (5,282) 1,849 (3,433) Net gains (losses) on derivative financial instruments arising during the period 793 (278) 515 (392) 137 (255) Less: reclassification adjustments 793 (278) 515 (392) 137 (255) ----------- ---------- --------- --------- ---------- ---------- Net gains (losses) on derivative financial instruments - - - - - - ----------- ---------- --------- --------- ---------- ---------- Other comprehensive income (loss) $ 14,859 $ (5,201) 9,658 $ (5,282) $ 1,849 (3,433) =========== ========== ========= ========== Net income 19,717 15,876 --------- ---------- Comprehensive income $ 29,375 $ 12,443 ========= ========== 7
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ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK NOTES TO FINANCIAL STATEMENTS (UNAUDITED) 3. REGULATION AND LEGAL PROCEEDINGS The Company's business is subject to the effects of a changing social, economic and regulatory environment. State and federal regulatory initiatives have varied and have included employee benefit regulations, removal of barriers preventing banks from engaging in the securities and insurance businesses, tax law changes affecting the taxation of insurance companies, the tax treatment of insurance products and its impact on the relative desirability of various personal investment vehicles, and the overall expansion of regulation. The ultimate changes and eventual effects, if any, of these initiatives are uncertain. The Company sells its products through a variety of distribution channels including Allstate agencies. Consequently, the outcome of some legal proceedings that involve AIC regarding the Allstate agencies may have an impact on the Company. AIC is defending various lawsuits involving worker classification issues. Examples of these lawsuits include a number of putative class actions challenging the overtime exemption claimed by AIC under the Fair Labor Standards Act or state wage and hour laws. These class actions mirror similar lawsuits filed recently against other carriers in the industry and other employers. Another example involves the worker classification of staff working in agencies. In this putative class action, plaintiffs seek damages under the Employee Retirement Income Security Act ("ERISA") and the Racketeer Influenced and Corrupt Organizations Act alleging that agency secretaries were terminated as employees by AIC and rehired by agencies through outside staffing vendors for the purpose of avoiding the payment of employee benefits. A putative nationwide class action filed by former employee agents also includes a worker classification issue; these agents are challenging certain amendments to the Agents Pension Plan and are seeking to have exclusive agent independent contractors treated as employees for benefit purposes. AIC has been vigorously defending these and various other worker classification lawsuits. The outcome of these disputes is currently uncertain. In addition, on August 6, 2002 a petition was filed with the National Labor Relations Board ("NLRB") by the United Exclusive Allstate Agents, Office and Professional Employees International Union, seeking certification as the collective bargaining representative of all Allstate agents in the United States. AIC is opposing the petition on a number of grounds, including that the agents are independent contractors and, therefore, the NLRB lacks jurisdiction over the issue. The outcome is currently uncertain. AIC is also defending certain matters relating to its agency program reorganization announced in 1999. These matters include an investigation by the U.S. Department of Labor and a lawsuit filed in December 2001 by the U.S. Equal Employment Opportunity Commission ("EEOC") with respect to allegations of retaliation under the Age Discrimination in Employment Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964. A putative nationwide class action has also been filed by former employee agents alleging various violations of ERISA, breach of contract and age discrimination. AIC has been vigorously defending these lawsuits and other matters related to its agency program reorganization. The outcome of these disputes is currently uncertain. Various other legal and regulatory actions are currently pending that involve the Company and specific aspects of its conduct of business. Like other members of the insurance industry, the Company is the target of an increasing number of class action lawsuits and other types of litigation based on a variety of issues, some of which involve claims for substantial and/or indeterminate amounts (including punitive and treble damages) and the outcomes of which are unpredictable. However, at this time, based on their present status, it is the opinion of management that the ultimate liability, if any, in one or more of these other actions in excess of amounts currently reserved is not expected to have a material effect on the results of operations, liquidity or financial position of the Company. 8
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ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK NOTES TO FINANCIAL STATEMENTS (UNAUDITED) 4. REINSURANCE The Company purchases reinsurance to limit aggregate and single losses on large risks. The Company also cedes a portion of the mortality risk on certain term life policies with a pool of reinsurers. The Company continues to have primary liability as the direct insurer for risks reinsured. The Company follows a comprehensive evaluation process involving credit scoring and capacity to select reinsurers. Estimating amounts of reinsurance recoverable is impacted by the uncertainties involved in the establishment of loss reserves. Failure of reinsurers to honor their obligations could result in losses to the Company. Amounts recoverable from reinsurers are estimated based upon assumptions consistent with those used in establishing the liabilities related to the underlying reinsured contracts. No single reinsurer had a material obligation to the Company nor is the Company's business substantially dependent upon any reinsurance contract. The effects of reinsurance on Premiums and contract charges and Contract benefits were as follows: [Enlarge/Download Table] Three Months Ended Six Months Ended June 30, June 30, -------------------------- -------------------------- ----------- ---------- ---------- ------------ (in thousands) 2002 2001 2002 2001 ----------- ---------- ---------- ------------ PREMIUMS AND CONTRACT CHARGES Direct $ 44,361 $ 38,137 $ 81,105 $ 69,748 Assumed - non-affiliate 106 176 246 372 Ceded Affiliate (1,764) (1,216) (3,525) (2,235) Non-affiliate (223) (201) (445) (421) ---------- --------- ---------- ---------- Premiums and contract charges, net of reinsurance $ 42,480 $ 36,896 $ 77,381 $ 67,464 ========== ========= ========== ========== Three Months Ended Six Months Ended June 30, June 30, --------------------------- -------------------------- ------------ ---------- ---------- ------------ (in thousands) 2002 2001 2002 2001 ------------ ---------- ---------- ------------ CONTRACT BENEFITS Direct $ 45,013 $ 46,284 $ 91,617 $ 85,997 Assumed - non-affiliate 4 24 45 26 Ceded Affiliate (37) (436) (566) (490) Non-affiliate (307) (288) (596) (477) ----------- ---------- ---------- ----------- Contract benefits, net of reinsurance $ 44,673 $ 45,584 $ 90,500 $ 85,056 =========== ========== ========== =========== 9
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 THE FOLLOWING DISCUSSION HIGHLIGHTS SIGNIFICANT FACTORS INFLUENCING RESULTS OF OPERATIONS AND CHANGES IN FINANCIAL POSITION OF ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK (THE "COMPANY"). IT SHOULD BE READ IN CONJUNCTION WITH THE CONDENSED FINANCIAL STATEMENTS AND RELATED NOTES THERETO FOUND UNDER PART I. ITEM 1. CONTAINED HEREIN AND WITH THE DISCUSSION, ANALYSIS, FINANCIAL STATEMENTS AND NOTES THERETO IN PART I. ITEM 1. AND PART II. ITEM 7. AND ITEM 8. OF THE ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 2001, WHICH INCLUDES A DISCUSSION OF THE COMPANY'S CRITICAL ACCOUNTING POLICIES. TO CONFORM WITH THE 2002 AND YEAR-END 2001 PRESENTATION, CERTAIN PRIOR YEAR AMOUNTS HAVE BEEN RECLASSIFIED. OVERVIEW The Company, a wholly owned subsidiary of Allstate Life Insurance Company ("ALIC"), which is a wholly owned subsidiary of Allstate Insurance Company ("AIC"), a wholly owned subsidiary of The Allstate Corporation (the "Corporation"), markets a diversified group of products to meet consumers' lifetime needs in the areas of protection and retirement solutions in the state of New York through a combination of Allstate agencies, financial services firms, direct marketing and specialized brokers. The Company's products include term life; whole life; universal life; annuities such as fixed annuities, market value adjusted annuities; variable annuities; immediate annuities; and other protection products such as accidental death and hospital indemnity. The Company has identified itself as a single segment entity. The assets and liabilities related to variable annuity contracts are legally segregated and reflected as Separate Accounts. The assets of the Separate Accounts are carried at fair value. Separate Accounts liabilities represent the contractholders' claims to the related assets and are carried at the fair value of the assets. Investment income and realized capital gains and losses of the Separate Accounts accrue directly to the contractholders and therefore are not included in the Company's condensed statements of operations. Revenues to the Company from the Separate Accounts consist of contract maintenance and administration fees and mortality, surrender and expense charges. Absent any contract provision wherein the Company guarantees either a minimum return or account value upon death, variable annuity contractholders bear the investment risk that the Separate Accounts' funds may not meet their stated objectives. 10
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 [Enlarge/Download Table] FINANCIAL HIGHLIGHTS Three Months Ended Six Months Ended June 30, June 30, --------------------------- --------------------------- ------------ ----------- ----------- ------------ (in thousands) 2002 2001 2002 2001 ------------ ----------- ----------- ------------ ------------ ----------- ----------- ------------ Statutory premiums and deposits $ 216,081 $ 194,428 $ 406,473 $ 362,200 ============ =========== =========== ============ Investments $ 3,562,946 $ 3,060,061 $ 3,562,946 $ 3,060,061 Separate Accounts Assets 589,029 582,462 589,029 582,462 ------------ ----------- ----------- ------------ Investments, including Separate Accounts Assets $ 4,151,975 $ 3,642,523 $ 4,151,975 $ 3,642,523 ============ =========== =========== ============ GAAP Premiums $ 30,230 $ 26,779 $ 52,774 $ 46,993 Contract charges 12,250 10,117 24,607 20,471 Net investment income 56,953 50,209 111,381 98,695 Contract benefits 44,673 45,584 90,500 85,056 Interest credited to contractholder funds 25,399 18,281 41,430 34,592 Amortization of deferred policy acquisition costs ("DAC") 5,243 1,073 7,073 2,603 Operating costs and expenses 8,372 8,050 18,514 15,794 ------------ ----------- ----------- ------------ Operating income before tax 15,746 14,117 31,245 28,114 Income tax expense 5,428 4,930 10,773 9,766 ------------ ----------- ----------- ------------ Operating income (1) 10,318 9,187 20,472 18,348 Realized capital gains and losses, after-tax(2) 926 (2,717) (755) (2,325) Cumulative effect of change in accounting principle, after-tax - - - (147) ------------ ----------- ----------- ------------ Net income $ 11,244 $ 6,470 $ 19,717 $ 15,876 ============ =========== =========== ============ (1) For a complete definition of operating income, see the operating income discussion beginning on page 13. (2) RECONCILIATION OF REALIZED CAPITAL GAINS AND LOSSES Three Months Six Months Ended June 30, Ended June 30, --------------------------- ----------------------------- ------------ ---------- ------------ ------------ (in thousands) 2002 2001 2002 2001 ------------ ---------- ------------ ------------ ------------ ---------- ------------ ------------ Realized capital gains and losses $ 1,142 $ (3,229) $ (1,465) $ (2,452) Reclassification of Amortization of DAC 301 (1,016) 289 (1,182) Reclassification of Income tax benefit (expense) (517) 1,528 421 1,309 ---------- ---------- ----------- ----------- Realized capital gains and losses, after-tax $ 926 $ (2,717) $ (755) $ (2,325) ========== ========== =========== =========== 11
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 STATUTORY PREMIUMS AND DEPOSITS Statutory premiums and deposits is a measure used by management to analyze sales trends. Statutory premiums and deposits includes premiums on insurance policies and premiums and deposits on annuities determined in conformity with statutory accounting practices prescribed or permitted by the insurance regulatory authorities of the state of New York, and all other funds received from customers on deposit-type products which are accounted for by the Company as liabilities. The statutory accounting practices, and the Company's definition of statutory premiums and deposits, differ in material aspects from GAAP. The Company's method of calculating statutory premiums and deposits may also be different from the method used by other companies and therefore comparability may be limited. The following table summarizes statutory premiums and deposits by product line: [Enlarge/Download Table] Three Months Ended Six Months Ended June 30, June 30, --------------------------- --------------------------- ----------- ------------ ----------- ------------ (in thousands) 2002 2001 2002 2001 ----------- ------------ ----------- ------------ ----------- ------------ ----------- ------------ LIFE AND OTHER PRODUCTS Interest-sensitive life $ 13,716 $ 11,768 $ 27,412 $ 24,009 Traditional life 5,624 6,497 10,581 12,099 Other 2,315 2,084 4,498 4,203 ----------- ------------ ----------- ------------ Total life and other products 21,655 20,349 42,491 40,311 ----------- ------------ ----------- ------------ INVESTMENT PRODUCTS Fixed annuities 83,590 70,178 142,401 123,205 Immediate annuities 34,519 32,029 62,543 60,854 Variable annuities 76,317 71,872 159,038 137,830 ----------- ------------ ----------- ------------ Total investment products 194,426 174,079 363,982 321,889 ----------- ------------ ----------- ------------ TOTAL STATUTORY PREMIUMS AND DEPOSITS $ 216,081 $ 194,428 $ 406,473 $ 362,200 =========== ============ =========== ============ For the second quarter of 2002, total statutory premiums and deposits increased 11.1% when compared to the same period last year. In the first six months of 2002, total statutory premiums and deposits increased 12.2% compared to the same period last year. For both periods the increase was primarily due to an increase in sales of fixed annuities, variable annuities and interest-sensitive life products. Fixed annuities increased due to marketing and sales in the financial services channel. Variable annuities increased due to new wholesaling initiatives through the banking channel and the financial services channel. Interest-sensitive life products increased due to increased marketing. 12
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 GAAP PREMIUMS AND CONTRACT CHARGES Under GAAP, premiums represent premium generated from traditional life and other insurance products which have significant mortality or morbidity risk, and contract charges generated from interest-sensitive life products, variable annuities, fixed annuities and other investment products for which deposits are classified as contractholder funds. Contract charges are assessed against the contractholder account balance for maintenance, administration, cost of insurance and early surrender. The following table summarizes GAAP premiums and contract charges: [Enlarge/Download Table] Three Months Ended Six Months Ended June 30, June 30, ------------------------- ----------------------- (in thousands) 2002 2001 2002 2001 ---------- --------- --------- ---------- ---------- --------- --------- ---------- PREMIUMS Traditional life $ 5,459 $ 6,084 $ 10,560 $ 11,740 Immediate annuities with life contingencies(1) 22,476 18,571 37,722 31,011 Other 2,295 2,124 4,492 4,242 ------------ ---------- ---------- ----------- Total premiums $ 30,230 $ 26,779 $ 52,774 $ 46,993 ============ ========== ========== =========== CONTRACT CHARGES Interest-sensitive life $ 9,069 $ 6,827 $ 17,959 $ 13,707 Variable annuities 2,549 2,324 5,286 4,596 Investment contracts 632 966 1,362 2,168 ----------- ---------- ---------- ----------- Total contract charges $ 12,250 $ 10,117 $ 24,607 $ 20,471 =========== ========== ========== =========== (1) Under GAAP accounting requirements, only those immediate annuities with life contingencies are recognized in premiums. Those without life contingencies, or period certain, are directly recorded as liabilities and generate contract charges. Market conditions and consumer preferences drive the mix of immediate annuities sold with or without life contingencies. For the second quarter and the first six months of 2002, total premiums increased 12.9% and 12.3%, respectively, compared to the same periods last year. These increases were due to increased sales of immediate annuities with life contingencies partially offset by decreased premiums from traditional life products. Total contract charges increased 21.1% for the second quarter of 2002 and 20.2% for the first six months of 2002, compared to the same periods last year. In both periods, the increases were due to increased contract charges on interest-sensitive life products from new business sales. Contract charges on variable annuities, which are generally calculated as a percentage of account value, increased compared to prior year periods due to growth from new sales partially offset by declines in account value as a result of market declines. OPERATING INCOME Operating income is a measure used by management to evaluate profitability. Operating income is defined as Income before the cumulative effect of changes in accounting principles, after-tax, and excluding the after-tax effects of realized capital gains and losses. In this management measure, the effects of realized capital gains and losses and certain other items have been excluded due to the volatility between periods and because such data is often excluded when evaluating the overall financial performance and profitability of other insurers. These operating results should not be considered as a substitute for any GAAP measure of performance. A reconciliation of operating income to net income is provided in the table on page 11. The Company's method of calculating operating income may be different from the method used by other companies and therefore comparability may be limited. 13
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 [Enlarge/Download Table] Three Months Ended Six Months Ended June 30, June 30, --------------------------- -------------------------- ----------- ------------ ----------- ----------- (in thousands) 2002 2001 2002 2001 ----------- ------------ ----------- ----------- ----------- ------------ ----------- ----------- Investment margin $ 12,907 $ 11,077 $ 25,090 $ 22,190 Mortality margin 9,722 6,283 19,361 13,134 Maintenance charges 5,580 4,992 10,177 9,326 Surrender charges 1,152 888 2,204 1,861 DAC amortization (5,243) (1,073) (7,073) (2,603) Operating costs and expenses (8,372) (8,050) (18,514) (15,794) Income tax expense on operations (5,428) (4,930) (10,773) (9,766) ----------- ------------ ----------- ----------- OPERATING INCOME $ 10,318 $ 9,187 $ 20,472 $ 18,348 =========== ============ =========== =========== Operating income for the second quarter and six month period ended June 30, 2002 increased 12.3% and 11.6%, respectively, compared to the same periods last year. For both periods the increase in operating income was primarily due to increases in both the mortality and investment margins partially offset by increase in DAC amortization and operating expenses. Investment margin, which represents the excess of investment income earned over interest credited to policyholders and contractholders, increased 16.5% in the second quarter of 2002 and 13.1% for the first six months of 2002 compared to the same periods last year. For both periods, the increase in investment margin was due to an increase in invested assets from the 2001 level. The growth in invested assets was driven by sales of fixed and immediate annuities, less contract benefits and surrenders and withdrawals. The impact of this growth was partly offset by a decline in invested assets yields. Management actions taken in 2001 and the first half of 2002 to reduce crediting rates where contractually allowed have partially offset the decline in invested asset yields. Mortality margin, which represents premiums and cost of insurance charges in excess of related policy benefits, increased 54.7% in the second quarter of 2002 and 47.4% for the first six months of 2002 compared to the same periods last year. For both periods the increase in mortality margin was due to revenue growth on new business and lower death benefits on interest-sensitive products. Mortality and morbidity loss experience can cause benefit payments to fluctuate from period to period while underwriting and pricing guidelines utilize a long-term view of the trends in mortality and morbidity thereby causing period to period fluctuations in the mortality margin. DAC amortization for the Company is dependent on the nature of the insurance contract and requires judgment on both the period and rate of amortization. DAC amortization periods for products with significant mortality or morbidity risk are determined when the products are sold, and are related to the periods in which premiums are received on these products. Amortization is recognized in proportion to the pattern of expected gross profits for interest-sensitive life and investment products, which is dependent on expected investment returns and product profitability experience and the estimated lives of the contract periods. The estimated average lives of the contracts are considerably shorter than the stated amortization period due to withdrawals, surrenders and other policy terminations. The average long-term rate of assumed future investment yield of the Separate Accounts used in estimating expected gross margins is 8.0% plus 1.15% to 1.45% for fees at June 30, 2002. If actual results differ from estimated gross margins, DAC amortization is adjusted. Bonus interest and other sales incentives are deferred and reflected as an offset contractholder funds. 14
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 [Enlarge/Download Table] The following table summarizes the DAC asset balance by product. (in thousands) Amortization June 30, December 31, Period 2002 2001 ---------------- -------------- --------------- ---------------- -------------- --------------- Traditional Life 7-30 years $ 29,831 $ 27,757 Other various 3,531 3,946 ------------- -------------- 33,362 31,703 Interest-sensitive life 30 years 61,608 59,574 Fixed annuity 15 years 21,124 14,701 Variable annuity 15 years 60,314 50,637 ------------- -------------- 143,046 124,912 ------------- -------------- TOTAL DAC $ 176,408 $ 156,615 ============= ============== DAC amortization increased $4.2 million during the second quarter of 2002 and $4.5 million during the first six months of 2002 compared to the same periods of 2001 due to overall growth in business and improved margins on investment and interest-sensitive life contracts. Operating costs and expenses increased 4.0% during the second quarter of 2002 and 17.2% for the first six months of 2002 compared to the same periods last year due to distribution expenses incurred on new growth initiatives and administrative expenses. NET INVESTMENT INCOME Pretax net investment income increased 13.4% in the second quarter of 2002 compared to the same period in 2001. For the first six months of 2002, pretax net investment income increased 12.9% compared to the same period last year. The increase was due to higher investment balances partially offset by slightly lower yields. At June 30, 2002 investment balances, excluding Separate Accounts and unrealized gains and losses on fixed income securities, increased 16.6% compared to June 30, 2001. AFTER-TAX REALIZED CAPITAL GAINS AND LOSSES After-tax realized capital gains were $926 thousand for the second quarter of 2002 compared to after-tax realized capital losses of $2.7 million in the same period last year. After-tax realized capital losses were $755 thousand for the first six months of 2002 compared to $2.3 million in the same period last year. After-tax realized capital gains and losses are presented net of the effects of DAC amortization, to the extent that such effects resulted from the recognition of realized capital gains and losses. The following table describes the factors impacting the realized capital gains and losses results: Three Months Ended Six Months Ended June 30, June 30, --------------------------- -------------------------- ---------- ----------- ---------- ------------ (in thousands) 2002 2001 2002 2001 ---------- ----------- ---------- ------------ ---------- ----------- ---------- ------------ Portfolio trading $ 567 $ (593) $ (322) $ (422) Investment write-downs (599) (896) (1,127) (896) Valuation of derivative securities 766 (579) 509 (251) ---------- ----------- ---------- ----------- Subtotal 734 (2,068) (940) (1,569) Reclassification of amortization of DAC 192 (649) 185 (756) ---------- ----------- ---------- ----------- Total realized capital gains and losses, after-tax $ 926 $ (2,717) $ (755) $ (2,325) ========== =========== ========== =========== 15
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 Period to period fluctuations in realized capital gains and losses are the result of timing of sales decisions reflecting management's decision on positioning the portfolio, as well as assessments of individual securities and overall market conditions. INVESTMENTS The composition of the Company's investment portfolio at June 30, 2002 is presented in the following table: Percent (in thousands) to total Fixed income securities (1) $3,138,531 88.1% Mortgage loans 271,259 7.6 Short-term 120,074 3.4 Policy loans 33,082 0.9 ---------- ---------- Total $3,562,946 100.0% ========== ========== (1) Fixed income securities are carried at fair value. Amortized cost for these securities was $2.90 billion at June 30, 2002 and $2.68 billion at December 31, 2001. Total investments were $3.56 billion at June 30, 2002 compared to $3.23 billion at December 31, 2001. The increase was due to amounts invested from positive cash flows generated from operations and increased unrealized capital gains. At June 30, 2002, unrealized capital gains on the fixed income securities portfolio were $243.2 million compared to $216.2 million at December 31, 2001. At June 30, 2002, 97.5% of the Company's fixed income securities portfolio was rated investment grade, which is defined by the Company as a security having a rating from the National Association of Insurance Commissioners ("NAIC") of 1 or 2, a Moody's rating of Aaa, Aa, A, Baa, or a comparable Company internal rating. Total investment balances related to the collateral from securities lending increased to $167.3 million at June 30, 2002 from $140.3 million at December 31, 2001. Commencing in late July 2002, deterioration of U.S. credit markets significantly escalated. For example, in July the Lehman Bothers U.S. Investment-Grade Credit Index under-performed U.S. Treasuries by 259 basis points, its second-worst month ever. In particular, the telecommunications, airlines, and energy sectors in which the Company has holdings have been adversely affected. This deterioration, along with reduced market liquidity, could also extend to other segments of the economy and is expected to lead to increased recognition of realized capital losses from investment write-downs and portfolio trading in subsequent periods. 16
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 SEPARATE ACCOUNTS Separate Accounts assets and liabilities decreased 2.3% to $589.0 million at June 30, 2002 from December 31, 2001. The increase from additional deposits and transfers from the fixed account fund to variable Separate Accounts funds more than was offset by surrenders and withdrawals and unfavorable investment performance of the Separate Accounts investments portfolios due to equity market conditions. CAPITAL RESOURCES AND LIQUIDITY CAPITAL RESOURCES The Company's capital resources consist of shareholder's equity. The following table summarizes the capital resources: June 30, December 31, (in thousands) 2002 2001 ------------ -------------- ------------ -------------- Common stock and retained income $ 359,698 $ 339,981 Accumulated other comprehensive income 128,653 118,995 ----------- ------------- Total shareholder's equity $ 488,351 $ 458,976 =========== ============= SHAREHOLDER'S EQUITY Shareholder's equity increased in the first six months of 2002 compared to December 31, 2001, due to net income and an increase in unrealized net capital gains. DEBT The Company had no outstanding debt at June 30, 2002 and December 31, 2001. FINANCIAL RATINGS AND STRENGTHS Financial strength ratings have become an increasingly important factor in establishing the competitive position of insurance companies and, generally, may be expected to have an effect on an insurance company's sales. On an ongoing basis, rating agencies review the financial performance and condition of insurers. A multiple level downgrade, while not expected, could have a material adverse effect on the Company's business, financial condition and results of operations. The Company's financial strength was rated Aa2, AA+, and A+ by Moody's, Standard & Poor's, and A.M. Best, respectively, at June 30, 2002. In February 2002, Standard & Poor's affirmed its December 31, 2001 ratings. Standard & Poor's revised its outlook for ALIC and its rated subsidiaries and affiliates, including the Company, to "negative" from "stable". This revision is part of an ongoing life insurance industry review being conducted by Standard & Poor's. Moody's and A.M. Best reaffirmed their ratings and outlook for the Company. 17
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 LIQUIDITY The principal sources of funds for the Company include the following activities: SOURCES OF FUNDS Statutory premiums and deposits Reinsurance recoveries Receipts of principal, interest and dividends on investments Sales of investments Capital contributions from ALIC Inter-company loans The principal uses of funds for the Company include the following activities: USES OF FUNDS Payment of contract benefits, maturities, surrenders and withdrawals Reinsurance cessions and payments Operating expenses Purchase of investments Repayment of inter-company loans Dividends to ALIC Management believes that cash flows from operating and investing activities of the Company are adequate to satisfy liquidity requirements of these operations based on the current liability structure and considering a variety of reasonably foreseeable stress scenarios. The maturity structure of the Company's fixed income securities, which represent 88.1% of the Company's total investments, is managed to meet the anticipated cash flow requirements of the underlying liabilities. A portion of the Company's diversified product portfolio, primarily fixed annuities and interest-sensitive life insurance products, is subject to discretionary surrenders and withdrawals by contractholders. Total surrenders and withdrawals for the three month period and six month period ended June 30, 2002 were $33.8 million and $82.3 million compared with $23.2 million and $48.6 million for the same periods last year. As the Company's interest-sensitive life policies and annuity contracts in-force grow and age, the dollar amount of surrenders and withdrawals could increase. While the overall amount of surrenders may increase in the future, a significant increase in the level of surrenders relative to total contractholder account balances is not anticipated. The Company has entered into an inter-company loan agreement with the Corporation. The amount of inter-company loans available to the Company is at the discretion of the Corporation. The maximum amount of loans the Corporation will have outstanding to all its eligible subsidiaries at any given point in time is limited to $1.00 billion. No amounts were outstanding for the Company under the inter-company loan agreement at June 30, 2002 and December 31, 2001, respectively. 18
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 FORWARD-LOOKING STATEMENTS AND RISK FACTORS This document contains "forward-looking statements" that anticipate results based on management's plans that are subject to uncertainty. These statements are made subject to the safe-harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements do not relate strictly to historical or current facts and may be identified by their use of words like "plans," "expects," "will," "anticipates," "estimates," "intends," "believes," "likely," and other words with similar meanings. These statements may address, among other things, the Company's strategy for growth, product development, regulatory approvals, market position, expenses, financial results and reserves. Forward-looking statements are based on management's current expectations of future events. The Company cannot guarantee that any forward-looking statement will be accurate. However, we believe that our forward-looking statements are based on reasonable, current expectations and assumptions. We assume no obligation to update any forward-looking statements as a result of new information or future events or developments. If the expectations or assumptions underlying our forward-looking statements prove inaccurate or if risks or uncertainties arise, actual results could differ materially from those communicated in these forward-looking statements. In addition to the normal risks of business, the Company is subject to significant risk factors, including those listed below which apply to it as an insurance business and provider of other financial services. o There is uncertainty involved in estimating the availability of reinsurance and the collectibility of reinsurance recoverables. This uncertainty arises from a number of factors, including whether losses meet the qualifying conditions of the reinsurance contracts and if the reinsurers have the financial capacity and willingness to pay. o Currently, the Corporation is examining the potential exposure, if any, of its insurance operations from acts of terrorism. The Corporation is also examining how best to address this exposure, if any, considering the interests of policyholders, shareholders, the lending community, regulators and others. The Company does not have exclusions for terrorist events included in its life insurance policies. In the event that a terrorist act occurs, the Company may be adversely impacted, depending on the nature of the event. With respect to the Company's investment portfolio, in the event that commercial insurance coverage for terrorism becomes unavailable or very expensive, there could be significant adverse impacts on some portion of the Company's portfolio, particularly in sectors such as airlines and real estate. For example, commercial mortgages or certain debt obligations might be adversely affected due to the inability to obtain coverage to restore the related real estate or other property, thereby creating the potential for increased default risk. o Changes in market interest rates can have adverse effects on the Company's investment portfolio, investment income, product sales, results of operations and retention of existing business. Increasing market interest rates have an adverse impact on the value of the investment portfolio, for example, by decreasing unrealized capital gains on fixed income securities. Declining market interest rates could have an adverse impact on the Company's investment income as the Company reinvests proceeds from positive cash flows from operations and from maturing and called investments into new investments that could be yielding less than the portfolio's average rate. Changes in interest rates could also reduce the profitability of the Company's spread-based products, particularly interest-sensitive life, investment and structured financial products, as the difference between the amount that the Company is required to pay on such products and the rate of return earned on the general account investments could be reduced. Changes in market interest rates as compared to rates offered on some of the Company's products could make those products less attractive if competitive investment margins are not maintained, leading to lower sales and/or changes in the level of surrenders and withdrawals on these products. Additionally, unanticipated surrenders could cause acceleration of amortization of DAC and thereby increase expenses and reduce current period profitability. The Company seeks to limit its exposure to this risk on its products by offering a diverse group of products, periodically reviewing and revising crediting rates and providing for surrender charges in the event of early withdrawal. 19
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 o The Company amortizes DAC related to interest-sensitive life and investment contracts in proportion to gross profits over the estimated lives of the contract periods. Periodically, the Company updates the assumptions underlying the estimated future gross profits, which include estimated future contract charges, investment margins and expenses, in order to reflect actual and expected experience and its potential impact to the valuation of DAC. Updates to these assumptions could potentially result in adjustment to the cumulative amortization of DAC. For example, reduced estimated future gross profits resulting from declines in contract charges assessed against the Separate Accounts' balances invested in equity securities which have declined in value, could potentially result in increased amortization of DAC. An adjustment, if any, may have a material effect on results of operations. o The impact of decreasing Separate Accounts balances resulting from volatile market conditions, underlying fund performance and sales management performance could cause contract charges realized by the Company to decrease and lead to an increase of exposure to pay guaranteed minimum death benefits and could result in increased statutory reserves for these benefits, reducing the Company's statutory capital and surplus. In addition, it is possible that the assumptions and projections used by the Company in establishing prices for the guaranteed minimum death benefits on variable annuities, particularly assumptions and projections about investment performance, do not accurately anticipate the level of costs that the Company will ultimately incur in providing those benefits, resulting in adverse mortality trends that may have a material effect on results of operations. o Conditions in the U.S. and international stock markets can have an impact on the Company's variable annuities sales. In general, sales of variable annuities increase when the stock markets are generally rising over an extended period of time and decrease when stock markets are falling over an extended period of time. o In order to meet the anticipated cash flow requirements of its obligations to policyholders, from time to time the Company adjusts the effective duration of investments, liabilities for contractholder funds and reserves for life-contingent contract benefits. Those adjustments may have an impact on the value of the investment portfolio, investment income, interest credited on contractholder funds and the investment margin. o Management believes the reserves for life-contingent contract benefits are adequate to cover ultimate policy benefits, despite the underlying risks and uncertainties associated with their determination when payments will not be made until well into the future. Reserves are based on many assumptions and estimates, including estimated premiums received over the assumed life of the policy, the timing of the event covered by the insurance policy, the amount of contract benefits to be paid and the investment returns on the assets purchased with the premium received. The Company periodically reviews and revises its estimates. If future experience differs from assumptions, it may have a material impact on results of operations. o Under current U.S. tax law and regulations, deferred and immediate annuities and life insurance, including interest-sensitive products, receive favorable policyholder tax treatment. Any legislative or regulatory changes that adversely alter this treatment are likely to negatively affect the demand for these products. In addition, recent changes in the federal estate tax laws will affect the demand for the types of life insurance used in estate planning. o The Company is affiliated with various entities registered under the federal securities laws as broker-dealers, investment advisers and/or investment companies. These entities are subject to the regulatory jurisdiction of the Securities and Exchange Commission, the National Association of Securities Dealers and /or, in some cases, state securities administrators. The laws regulating the securities products and activities of these entities are complex, numerous and subject to change. As with any highly regulated industry, there is some degree of risk of regulatory non-compliance; however the Company has in place various legal and compliance personnel, procedures and systems designed to reasonably assure compliance with these requirements. 20
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 o The Company distributes some of its products under agreements with other members of the financial services industry that are not affiliated with the Company. Termination of one or more these agreements due to, for example, changes in control of any of these entities, could have a detrimental effect on the Company's sales. This risk may be exacerbated due to the enactment of the Gramm-Leach-Bliley Act of 1999, which eliminated many federal and state law barriers to affiliations among banks, securities firms, insurers and other financial service providers. o While positive operating cash flows are expected to continue to meet the Corporation's liquidity requirements, the Corporation's liquidity could be constrained by a catastrophe which results in extraordinary losses, a downgrade of the Corporation's current long-term debt rating of A1 and A+ (from Moody's and Standard & Poor's, respectively) to non-investment grade status of below Baa3/BBB-, a downgrade in AIC's financial strength rating from Aa2, AA and A+ (from Moody's, Standard & Poor's and A.M. Best, respectively) to below Baa/BBB/B, or a downgrade in ALIC's or the Company's financial strength rating from Aa2, AA+ and A+ (from Moody's, Standard & Poor's and A.M. Best, respectively) to below Aa3/AA-/A-. In the event of a downgrade of the Corporations' rating, ALIC and its subsidiaries could also experience a similar downgrade. o The events of September 11, 2001, and the resulting disruption in the financial markets revealed weaknesses in the physical and operational infrastructure that underlies the U.S. and worldwide financial systems. Those weaknesses did not impair the Company's liquidity in the wake of the September 11, 2001. However, if an event of similar or greater magnitude occurred in the future and if the weaknesses in the physical and operational infrastructure of the U.S. and worldwide financial systems are not remedied, the Company could encounter significant difficulties in transferring funds, buying and selling securities and engaging in other financial transactions that support its liquidity. o Financial strength ratings have become an increasingly important factor in establishing the competitive position of insurance companies and, generally, may be expected to have an effect on an insurance company's business. On an ongoing basis, rating agencies review the financial performance and condition of insurers and could downgrade or change a company's ratings due to, for example, a decline in the value of a company's investment portfolio or increased reserves due to additional death benefit exposure resulting from market declines. A multiple level downgrade of either the Corporation, the Company or ALIC, while not expected, could have a material adverse effect on the Company's sales, including the competitiveness of the Company's product offerings, its ability to market products, and its financial condition and results of operations. Also, the rating agencies have a variety of policies and practices regarding the relationships among ratings of affiliated entities. As such, the ratings of the Company or ALIC could be affected by changes in ratings of AIC and/or the Corporation. o State insurance regulatory authorities require insurance companies to maintain specified levels of statutory capital and surplus. In addition, competitive pressures require the Company to maintain financial strength ratings. These restrictions affect the Company's ability to pay shareholder dividends to ALIC and use its capital in other ways. o The Company currently has Separate Account liabilities which contain death benefit features covered by the exposure draft Statement of Position ("SOP") entitled "Accounting and Reporting by Insurance Enterprises for Certain Nontraditional Long-Duration Contracts and for Separate Accounts". The Company does not currently hold liabilities for death benefit features covered by the SOP. If adopted, the Company's establishment of liabilities with respect to the contracts could have a material impact on the statement of operations, however the market values at the time of adoption will affect the amount of the liability required. 21
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ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS FOR THE THREE AND SIX MONTH PERIODS ENDED JUNE 30, 2002 AND 2001 o A portion of the unrealized capital gains and losses included as a component of shareholder's equity relating to non-exchange traded marketable investment securities accounted for at fair value are internally developed using widely accepted valuation models and independent third party data as model inputs. A decrease in these values would negatively impact the Corporation's, ALIC's and the Company's debt-to-capital ratio. o Following enactment of the Gramm-Leach-Bliley Act of 1999, federal legislation that allows mergers that combine commercial banks, insurers and securities firms, state insurance regulators have been collectively participating in a reexamination of the regulatory framework that currently governs the U.S. insurance business in an effort to determine the proper role of state insurance regulation in the U.S. financial services industry. In addition, members of Congress have introduced or discussed measures to permit optional federal chartering, and thus regulation, of some types of insurance business, such as life insurance and annuities. We cannot predict whether any state or federal measures will be adopted to change the nature or scope of the regulation of the insurance business or what affect any such measures would have on the Company. o The Gramm-Leach-Bliley Act of 1999 permits mergers that combine commercial banks, insurers and securities firms under one holding company. Until passage of the Gramm-Leach-Bliley Act, the Glass Steagall Act of 1933 had limited the ability of banks to engage in securities-related businesses and the Bank Holding Company Act of 1956 had restricted banks from being affiliated with insurers. With the passage of the Gramm-Leach-Bliley Act, bank holding companies may acquire insurers and insurance holding companies may acquire banks. In addition, grandfathered unitary thrift holding companies, including The Allstate Corporation, may engage in activities that are not financial in nature. The ability of banks to affiliate with insurers may materially adversely affect all of the Company's product lines by substantially increasing the number, size and financial strength of potential competitors. o In some states, mutual insurance companies can convert to a hybrid structure known as a mutual holding company. This process converts insurance companies owned by their policyholders to become stock insurance companies owned (through one or more intermediate holding companies) partially by their policyholders and partially by stockholders. Also, some states permit the conversion of mutual insurance companies into stock insurance companies (demutualization). The ability of mutual insurance companies to convert to mutual holding companies or to demutualize may materially adversely affect all of our product lines by substantially increasing competition for capital in the financial services industry. o The impact of The Sarbanes-Oxley Act of 2002 on the business of the Company is being evaluated but cannot be determined at this time. 22
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PART II - Other Information Item 1. Legal Proceedings The discussion "Regulation and Legal Proceedings" in Part I, Item 1, Note 4 of this Form 10-Q is incorporated herein by reference. Item 6. Exhibits and Reports on Form 8-K (a) Exhibits An Exhibit Index has been filed as part of this report on page E-1. (b) Reports on Form 8-K None. 23
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SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. Dated August 13, 2002 ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK --------------------------------------------- (Registrant) BY /s/SAMUEL H. PILCH ------------------ Samuel H. Pilch Group Vice President and Controller (chief accounting officer and duly authorized officer of registrant) 24
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[Download Table] Exhibit Index EXHIBIT NO. DESCRIPTION 10.1 Underwriting Agreement between Allstate Life Insurance Company of New York and ALFS, Inc., effective October 1, 1996. 10.2 Principal Underwriting Agreement between Allstate Life Insurance Company of New York and Allstate Distributors, L.L.C., effective May 1, 2000 10.3 Service Agreement between Allstate Life Insurance Company and Allstate Life Insurance Company of New York, effective July 1, 1989. 10.4 Business Operations and Service Agreement between Allstate Life Insurance Company of New York and Allstate Life Insurance Company effective October 1, 1997. 10.5 Administrative Services Agreement between Allstate Life Insurance Company of New York and Allstate Distributors, L.L.C. effective May 1, 2000. 10.6 Reinsurance Agreement between Allstate Life Insurance Company and Allstate Life Insurance Company of New York effective January 1, 1984 as amended by Amendment No. 1 effective September 1, 1984, Amendment No.2 effective January 1, 1987, Amendment No.3 effective October 1, 1988, Amendment No.4 effective January 1, 1994 and Amendment No.5 effective December 31, 1995. 10.7 Agreement and Assumption Reinsurance Agreement between Allstate Life Insurance Company and Allstate Life Insurance Company of New York effective July 1, 1984. 10.8 Reinsurance Agreement between Allstate Life Insurance Company and Allstate Life Insurance Company of New York, effective January 1, 1986, as amended by Amendment No.1 effective December 31, 1995 and Amendment No. 2 effective December 1, 1995. 10.9 Reinsurance Agreement between Allstate Life Insurance Company and Allstate Life Insurance Company of New York, effective January 1,1991, as amended by Amendment No.1 effective December 31, 1995. E-1

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12/15/036
Filed on:8/14/028-K
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7/31/0216
For Period End:6/30/02122
1/1/026
12/31/0161810-K405
9/11/0121
6/30/0122210-Q
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3 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 4/27/21  Allstate Life Ins Co. of New York S-1/A       4/26/21  110:22M                                    Workiva Inc Wde… FA01/FA
 4/21/21  Allstate Life Ins Co. of New York CORRESP4/01/24    1:2.7M                                   Workiva Inc Wde… FA01/FA
 3/30/21  Allstate Life Ins Co. of New York S-1                  112:22M                                    Workiva Inc Wde… FA01/FA
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