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Who Bears the Risk and Who Takes the Fee: Farmers, Zurich and Liberty Mutual

Short answer: The Farmers Exchanges are owned by their policyholders, who carry the underwriting losses. The company that manages them, Farmers Group, Inc., is owned by Zurich and paid a percentage of premium. Liberty Mutual is built the other way, with no such manager in between.

By Anthony Braswell for Quorum Industries LLC, The Autobody Directory · Updated 2026-09-01 · How this was written, and what the machine may not do

How this page was produced: Researched, drafted and checked with AI assistance under human direction, and signed off by the named author. How this site is written

The Farmers Exchanges are owned by their policyholders, but the company that manages them is owned by Zurich and paid out of premium. Both sides disclose the arrangement in their own words, and it decides who absorbs a bad underwriting year and who does not.

Liberty Mutual is built the other way around. On 2024 NAIC data Farmers ranked sixth in private passenger auto with USD 13.49 billion in direct premiums written and Liberty Mutual seventh with USD 11.74 billion, down from sixth the prior year (NAIC 2024 data). Their legal architecture is not the same, and that is the story.

A pool, a manager, and a fee levied on premium

A reciprocal inter-insurance exchange is not a company but a pool, in which each policyholder, called a subscriber, insures the others and is insured by them. No shareholder sits above it. Asked who owns the Exchange, Farmers answers: "You do. Subscribers of the Exchange are owners until such time as they no longer have insurance from the Exchange" (Farmers Insurance Exchange Update).

A pool cannot administer itself, so each subscriber appoints an attorney-in-fact to run the business side. For Farmers Insurance Exchange that work is done under the name Farmers Underwriters Association (FUA), which the company describes as a business name of Farmers Group, Inc. (FGI). The same page states: "FGI is part of the Zurich Insurance Group, Ltd (ZIG), a Swiss company. Neither FUA, FGI nor ZIG has any ownership interest in Farmers Insurance Exchange" (Farmers).

Zurich says the identical thing from the other side: "Zurich Insurance Group has no ownership interest in the Farmers Exchanges. Farmers Group, Inc. (FGI), a wholly owned subsidiary of the Group, and certain of its subsidiaries, provide certain non-claims and ancillary services to the Farmers Exchanges as their attorney-in-fact and receive fees for their services" (Zurich FY2025 financial overview).

Now the money. The subscription agreement authorises the manager to take a percentage of premium, and Farmers discloses both the ceiling and the draw: "The Subscription Agreement specifies an AIF fee of 20 percent of premium, although FUA has taken less than that amount," and "For 2025, the AIF fee was 13.0% of the premium dollar, which included the AIF profit of 6.99% of the premium dollar for that year" (Farmers). Those figures are published under a heading asking how the premium dollar was spent by Farmers Insurance Exchange in 2025. They describe that one Exchange.

Zurich reports the manager's side separately, on its own measure. For Farmers Management Services, "The managed gross earned premium margin was 7.0 percent, consistent with the prior year," and business operating profit was USD 2,152 million (Zurich FY2025 financial overview). Zurich's results release calls that "a record USD 2.2 billion" (Zurich news release, 19 February 2026). That 7.0 percent is not the same measure as Farmers' 6.99 percent. It is struck on Farmers Management Services' whole managed book and on earned premium, while the 6.99 percent is disclosed for one Exchange. The two numbers are close. Neither party says they are the same thing. We do not claim they are the same quantity, and no figure on this page is derived by combining them.

Premium is not profit, and that is the whole point

Read the disclosures together and the mechanism is plain. The fee base is premium, not underwriting profit, so it rises with volume and with rate whether or not the policies turn out well for the pool. Nothing in the formula rewards underwriting accuracy.

The loss side is expressly not the manager's. Farmers states that "Importantly, subscribers are not responsible for any losses the Exchange might suffer," meaning the policies are non-assessable: the downside stops at the pool. The same page states that "The AIF does not participate in claims losses and does not enjoy any net premium earnings" (Farmers). Put those sentences side by side and the allocation is complete: losses land on the Exchanges' surplus, which is subscriber money, and the manager is insulated from them by design.

There is headroom between the ceiling and the draw. The California exam records that "Although the agreements specify up to 20%, or in the case of Fire up to 25%, of premiums deposited, a review of the actual calculation disclosed that (1) all direct and reinsurance premiums earned by FIE, Fire, and Truck are used and (2) the rate used to calculate the compensation has been historically less than 20%, or in the case of Fire, less than 25%" (California DOI, Financial Condition Examination Report, Farmers Insurance Group, as of 12/31/2021). Two facts sit in that sentence. The compensation is calculated on premiums earned across all three Exchanges, and the rate applied has always been below the maximum the agreements allow. Farmers presents taking less than the ceiling as restraint, and on the record it has taken less.

The Zurich side does take some Exchange underwriting risk, under a separate agreement and at a percentage that has moved. Under an All Line Quota Share Agreement running since December 31, 2002, Farmers Reinsurance Company's participation went from 1.00 percent to 1.75 percent, and under the agreement effective December 31, 2022 Farmers Re assumes a further 6.75 percent of the quota share, "which is then retroceded to Zurich Global Ltd" (California DOI). That exposure is set by a reinsurance contract and has changed. The AIF fee is set by the subscription agreement, as a percentage of premium.

Who absorbed the five bad years

The same examination supplies the illustration: "FIE reported net underwriting losses in all years under examination and through December 31, 2022. In aggregate, FIE reported $1.4 billion of net underwriting losses for the five years from 2018 through 2022" (California DOI). Across that window the fee continued to be charged as a percentage of premium, because that is what the subscription agreement provides. Nothing in the record attributes those losses to the fee. We are not saying the fee caused them. The point is where they landed, which was on Exchange surplus.

Fairness requires the other period too. Zurich reports Farmers Exchanges gross written premiums of USD 29,600 million in 2025, up 4 percent (Zurich FY2025 financial overview), and its results release states that "An excellent underwriting performance, evidenced by a combined ratio of 84.6%, underpinned a very strong surplus ratio of 52.9% at year-end" (Zurich news release). AM Best affirmed the group's A (Excellent) rating with a stable outlook on August 1, 2025, assessing balance sheet strength as "strong" with "very strong risk-adjusted capitalization," a "stable loss reserve position" and a "conservative investment portfolio," and operating performance as "adequate," "supported by a notable improvement in operating results in 2024" (Business Wire). Both periods are true and neither cancels the other.

The courts have been over this ground

The fee has been litigated, and the ruling is worth quoting. In Fogel v. Farmers Group, Inc., California Court of Appeal, Second District, Division 4, No. B182156, decided March 18, 2008, summary judgment for the defence was reversed. The court rejected the argument that approved insurance rates immunise what the manager pays itself out of them: "Defendants' right to collect fees from premiums does not arise from any authority granted under Chapter 9. It arises from their agreements with each subscriber to act as the subscriber's attorney-in-fact." It also fixed the governing relationship: "The attorney-in-fact's relationship with each subscriber is that of a fiduciary" (Fogel v. Farmers Group, Inc.).

The claim was never tried. Zurich announced in October 2010 that "USD 455 million will be made available to up to 13 million policyholders who may qualify for a distribution under the settlement, with any residual amount going to the Exchanges owned by their respective policyholder subscribers," plus attorneys' fees "of up to USD 90 million." Zurich denied the premise outright: "Zurich and FGI do not accept that there is any basis for the plaintiff's claims regarding the management services fees that FGI charged to the Exchanges" (Zurich settlement announcement). Nothing was adjudicated against FGI on the fee. Judge William F. Highberger of the Los Angeles County Superior Court approved it on November 9, 2011 over objections from Consumer Watchdog, the State of Montana and the Center for Class Action Fairness, tentatively cutting the requested attorneys' fee by 25 percent, to USD 67.9 million (Consumer Watchdog).

That USD 455 million attaches to the management-fee case and to nothing else. It is not a total-loss valuation settlement and must never be cited as one.

A regulator reached the fee eight years earlier. On November 30, 2002 the Texas Department of Insurance and the Office of the Attorney General announced a settlement under which "Texas consumers will receive $100 million" in rate decreases, refunds and restitution, "the largest Property & Casualty Insurance settlement in the history of Texas." The itemisation includes USD 35,000,000 for "Refund or premium credit for overcharges due to unfunded CAT load and management fee." Farmers "asserted that the settlement does not mean the company admits to wrongdoing" and said it "is paying no fines or penalties" (Insurance Journal).

What the examiners could not see

California's is a financial condition exam, not a market conduct exam, which makes its compliance findings unusually blunt. The examiners recorded that "During the course of this examination, the examiners were not provided full access to all of the information requested from the Group," and that "Certain communication and/or documentation to support the review/testing were not maintained due to the Groups' one-year email retention policy." On audit materials: "The Company initially declined to consent to the release of 13 workpapers listed on the index on the basis of attorney-client privilege. All but one of the 13 withheld documents were later provided" (California DOI). That is a regulator describing, in its own published report, what it was not shown.

Liberty Mutual is the other shape

Liberty Mutual is not a reciprocal, so no attorney-in-fact stands between the policyholders and the insurer. Oregon's regulator, approving the Safeco acquisition on July 5, 2008, recorded that Liberty Mutual Holding Company Inc. "is a Massachusetts mutual holding company and is the ultimate parent corporation of the Acquiring Parties" (Oregon Division of Financial Regulation, Order 08-07-001). Stock insurers sit beneath a mutual parent. Both groups lack public shareholders at the top. Only one is managed by a company that a separate corporate group owns and that is paid a percentage of premium for the work.

Liberty's 2025 results show margin repair alongside contraction: net written premium of USD 43,566 million, down 3.1 percent; net income of USD 6.792 billion, up 55.0 percent; a combined ratio of 88.4 percent against 95.9 percent in 2024; and US Retail Markets premium down 6.4 percent. The company calls that ratio "notably ahead of our 95% target in 2025" and "the lowest in recent history" (Liberty Mutual Q4/FY2025 earnings release). Record profit, falling premium and a slip in auto share arrived together.

Liberty Mutual announced on April 27, 2026 that it had retired the Safeco brand effective April 25, and that "All personal lines products are now solely marketed and sold as Liberty Mutual" (PR Newswire). Correspondence that used to arrive under the Safeco name should now arrive under Liberty Mutual, while the Safeco legal entities remain the named parties in the case law below.

Where the two carriers meet, and what the courts decided

Both were defendants in the same national body shop litigation. The Judicial Panel on Multidistrict Litigation centralised MDL 2557 on August 8, 2014 in the Middle District of Florida before Judge Gregory A. Presnell. The first-listed case was against a Farmers group entity: "A & E AUTO BODY, INC., ET AL. v. 21ST CENTURY CENTENNIAL INSURANCE COMPANY, ET AL., C.A. No. 6:14-00310." The Panel described the shared question as "the allegation of an industry-wide conspiracy spearheaded by State Farm to suppress the reimbursement rates applicable to automobile collision repair shops," referring to direct repair programs and the databases of ADP, CCC and Mitchell, with over 80 insurers named (JPML transfer order). That is the Panel restating what plaintiffs alleged, not a finding. The remand order of December 15, 2020 names Farmers Insurance Company, Inc. and three 21st Century entities alongside Liberty Mutual, Liberty Mutual Fire and Safeco entities (JPML remand order).

The antitrust theory failed. Sitting en banc on March 4, 2019, the Eleventh Circuit affirmed dismissal of the price-fixing and group boycott claims and called the unjust enrichment and quantum meruit claims "wholly without merit" because the shops knew in advance what the insurers would pay. It vacated and remanded on tortious interference, the steering claim: "It is not the potential customer who is the target of the alleged tortious interference; it is the targeted Body Shop" (Quality Auto Painting Center of Roselle v. State Farm, Nos. 15-14160 et al.). A companion appeal in which Liberty Mutual was a defendant failed outright: on December 20, 2019 the Eleventh Circuit affirmed dismissal in Crawford's Auto Center and K&M Collision v. State Farm, No. 17-12583, recording that the shops acknowledged they "knew the price Defendants were willing to pay up front," which barred the misrepresentation claim, and concluding that "at most, these Defendants drove a hard bargain" (Repairer Driven News). That appeal did not pursue claims against Farmers or Progressive.

In that litigation the door that stayed open for shops is the steering door, and only that one.

Total loss: certification is not a verdict

Total-loss class claims against both carriers ended without any ruling that the valuation practice was lawful. Against Liberty, the Ninth Circuit affirmed denial of class certification on February 11, 2022 in Lara v. First National Insurance Company of America, No. 21-35126, in an opinion recording that the defendants "are part of the 'Liberty Mutual umbrella' of insurance companies." The reasoning was individualised injury: "to show liability for breach of contract or unfair trade practices, Plaintiffs must also show an injury. And to show an injury will require an individualized determination for each plaintiff." The court did not decide whether the CCC condition adjustment violated Washington law, noting that "only the Washington insurance commissioner can prosecute violations of the regulation" (Lara). The class was held uncertifiable. The practice was not held lawful. Conflating the two is the most common error made about this case.

The Farmers side reached the same destination by another road. Trade press reports that Ohio's Eighth Appellate District, in Cuyahoga County, held a binding appraisal resolved the named plaintiff's claim before certification, requiring dismissal of the action, and that the ruling "does not resolve the merits of whether condition adjustments violate Ohio insurance law" (Insurance Business). That report names the court and the named plaintiff but gives no docket number, and we did not obtain the opinion. Treat it as a lead, not a finding. Beyond what that report carries, this page makes no claim about what Ohio law requires of condition adjustments.

The collision-specific record

The sharpest repair-side outcomes came from regulators, not courts. Montana's Deputy Insurance Commissioner Frank G. Cote rejected a Liberty Mutual repair-cost denial in a letter dated August 6, 2024, writing that "Liberty Mutual's opinions will not be deemed credible without current verified studies and supporting documentation, whether in this case or any other case." Liberty Mutual had asserted a 50 percent blend time was "successful" and "well-established"; the department credited the 2022 SCRS blend study finding that blending required 31.59 percent more time on average than full refinishing. On paint materials, Cote compared the shop invoice against National Coatings and Supply pricing, found it "the same, in some cases lower, and in some cases marginally higher," and held the insurer's "inflated pricing" allegation "not factual." Liberty Mutual had also denied headlamp aiming after reinstallation, an OEM-recommended procedure supported by I-CAR. The carrier reimbursed the claimant USD 340.13 (Repairer Driven News). The sum is trivial. A written determination that a carrier's blend-time and materials-pricing positions were unsupported is not.

On the Farmers side, the live question is who sets prices. Driven Brands issued pricing guidance to the Farmers Guaranteed Repair Program network effective July 1, 2025 covering 11 ADAS operations including "seat weight sensor, steering angle, static and dynamic calibrations, and programming," with documentation required for sublet invoices, report printouts and in-process images. Driven Brands senior vice president Arlo Johnson said: "We recently informed our network about non-mandatory pricing guidance for ADAS calibration and scanning services, effective July 1." Repairer Jeff Butler objected: "I strongly object to third parties engaging in negotiating, setting prices, coming up with agreements, or fixing or controlling a market price on behalf of me, my industry, my customers, and anything like that" (Repairer Driven News). Whether guidance described as non-mandatory operates as non-mandatory inside a network is not resolved by the sources reached. We are not claiming that it operates as a mandate.

Two smaller facts matter at the counter. Farmers' claims page offers a network shop or repair "at a shop outside of our network," where "We will work with you to get photos of the damage and create an estimate," and promises "We guarantee the repairs as long as you own the vehicle"; it says nothing about parts types (Farmers). A shop seeking Liberty Mutual's Guaranteed Repair Network applies through Entegral and is told only that "If a need is identified in your area, you will be contacted by a Liberty Mutual representative," with no eligibility criteria, certification requirements, equipment standards or performance metrics published (Liberty Mutual). In both networks a company other than the carrier stands between the carrier and the shop: Driven Brands issues the Farmers network's pricing guidance, and Liberty Mutual says it "has partnered with Entegral® to facilitate an online solution for our program administration." Note too that 21st Century and Bristol West are Farmers-group companies: AM Best's August 1, 2025 affirmation of the group's A (Excellent) rating covers 47 entities under those and other Farmers brands (Business Wire).

What we could not establish

The most valuable unretrieved number is the annual dollar compensation paid to Farmers Group, Inc. The California exam report was read on 2026-09-01 and it tabulates that figure, but the table would not render legibly on repeated attempts, and we will not reconstruct a figure we cannot read. No dollar fee amount appears above.

Nor did we compute a total dollar fee from the disclosed percentages. The 13.0 percent is disclosed for Farmers Insurance Exchange alone, the USD 29,600 million is gross written premium for all three Exchanges, and the California exam says the compensation is calculated on premiums earned. Multiplying across those mismatched bases produces a number that looks authoritative and is not.

Cut for want of a source: the fee profit margins pleaded in Fogel, which we could not check against the pleading; a CCC condition adjustment figure often attributed to the Lara opinion, which does not appear in it; a Massachusetts bad-faith award against Liberty Mutual carried in a law-firm alert with no case name, no docket and no confirmed appellate posture; and layoff, lobbying and workforce figures for both carriers resting on secondary summaries we did not re-verify.

Records we could not reach: Virginia market conduct examination reports for both carriers, blocked by robots.txt; a Florida Office of Insurance Regulation consent order involving a Liberty Mutual entity dated May 28, 2024, whose existence and date are confirmed but whose findings were not; and the Ohio total-loss opinion above. We did not obtain the Montana letter itself, only trade reporting quoting it.

Still open: whether California's findings on records access and workpapers drew any follow-up; whether unclaimed Fogel funds reverting to the Exchanges survived appellate review; whether Driven Brands' guidance conditions network participation in practice; and what either carrier's labour-rate survey methodology and written parts policy say. Neither document was published on any page we reached.

Corrections

This page is new, and the entries below are corrections made to its own draft before publication rather than to anything a reader has already seen. A page that shows only its wins is not evidence of anything, so the failures found in review are logged here in the same form any later correction will take.

2026-09-01, two fee percentages presented as one. The draft said Farmers' 6.99 percent AIF profit and Zurich's 7.0 percent managed margin were "the same quantity described by the parties on either side of the fee, agreeing to a rounding step," under a lead-in claiming the figure was corroborated from the other direction. The Farmers disclosure page and the Zurich financial overview were each read on 2026-09-01 and compared directly: the 6.99 percent is published for Farmers Insurance Exchange alone, while the 7.0 percent is a gross earned premium margin struck across Farmers Management Services' whole managed book. Different scope, different base. That was manufactured corroboration and it is cut. Each figure now stands on its own terms, with the mismatch stated in the same paragraph.

2026-09-01, words deleted from inside a quotation. The draft quoted the California examination on the fee ceiling with the clause "(1) all direct and reinsurance premiums earned by FIE, Fire, and Truck are used and (2)" removed from between the quotation marks, with no ellipsis to mark the deletion. The sentence is restored in full above. The deleted words are the material ones, because they identify the base as premiums earned across all three Exchanges, which is also why the draft's description of the base as premium written was corrected to premium earned.

2026-09-01, a truncated regulator's order. The draft quoted Oregon's Order 08-07-001 as calling Liberty Mutual Holding Company Inc. "the ultimate parent corporation," stopping before the words "of the Acquiring Parties" and silently broadening what the order said. The full clause is restored.

2026-09-01, a bad-faith dollar figure that had been cut and printed anyway. The draft's list of material cut for want of a source named a reported Massachusetts bad-faith award against Liberty Mutual and printed its dollar magnitude next to the disclaimer. The source of record was a law-firm client alert with no case name, no docket and no confirmed appellate posture. Disclaiming a number does not unpublish it, and any reader could have lifted the figure free of its caveat. The amount is removed; the disclosure of the research gap stays without it.

2026-09-01, a condition-adjustment figure attributed to an opinion that does not contain it. A research dossier behind this article cited the Lara opinion for a specific dollar condition adjustment, and the figure had survived into the draft's cut list. A direct string search of the opinion on 2026-09-01 does not find it. The amount is removed from that list, which now records the misattribution without repeating the number.

2026-09-01, the Fogel approval date and the fee cut. The draft dated the settlement approval November 10, 2011 and described the reduction in the requested attorneys' fee as completed. November 10 is the publication date of the source article, not the approval date, and the source says the judge cut the fee tentatively with a further hearing to follow. Corrected above to November 9, 2011, and to a tentative cut.

Related

Sources

Every document listed above was read on 2026-09-01, and every quotation on this page was re-pulled from its primary source and string matched against that document before publication. Anything that would not re-verify was cut rather than softened, and the cuts are recorded above rather than hidden. Numeric HTTP status codes could not be recorded for any of these sources, because this session's egress policy refused the connection to every external host; each document was instead fetched in full and searched for the strings cited, and every one of them carried the content it is cited for. Three records named on this page were not reached at all: Virginia's market conduct examination reports for both carriers, blocked by robots.txt; a Florida Office of Insurance Regulation consent order involving a Liberty Mutual entity dated May 28, 2024, whose existence and date are confirmed but whose findings are not; and the Ohio total-loss opinion, which is carried here only through trade reporting. The Montana determination is quoted from trade reporting rather than from the letter, which was not obtained. Nothing on this page is legal advice, and nothing here is investment or financial advice about any insurer or its securities.

General consumer information: not legal, insurance, or financial advice. Requirements, coverage, and practices vary by state, policy, and manufacturer.

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