Fidelity National Financial, Inc. Reports Third Quarter 2009 EPS of $0.32

October 21, 2009 4:07 PM EDT

JACKSONVILLE, Fla., Oct. 21 /PRNewswire-FirstCall/ -- Fidelity National Financial, Inc. (NYSE: FNF), a leading provider of title insurance, mortgage services, specialty insurance, claims management services and information services, today reported operating results for the three-month and nine-month periods ended September 30, 2009.

                                Three Months Ended    Three Months Ended
                                September 30, 2009    September 30, 2008
                                ------------------    ------------------
    Total revenue                   $1.47 billion        $969.8 million
    -----------------------     ------------------    ------------------
    Net earnings (loss)
     attributable to common
     shareholders                   $73.4 million       ($198.3 million)
    -----------------------     ------------------    ------------------
    Net earnings (loss) per
     diluted share attributable
     to common shareholders            $0.32                ($0.95)
    -----------------------     ------------------    ------------------
    Cash flow from operations       $84.5 million          $6.2 million
    -----------------------     ------------------    ------------------



                                Nine Months Ended     Nine Months Ended
                                September 30, 2009    September 30, 2008
                                -------------------   -------------------
    Total revenue                  $4.37 billion         $3.25 billion
    -----------------------     ------------------    ------------------
    Net earnings (loss)
     attributable to common
     shareholders                  $153.0 million       ($164.1 million)
    -----------------------     ------------------    ------------------
    Net earnings (loss) per
     diluted share attributable
     to common shareholders            $0.67                ($0.78)
    -----------------------     ------------------    ------------------
    Cash flow from (used in)
     Operations                    $367.7 million        ($55.9 million)
    -----------------------     ------------------    ------------------

    The following are summary financial and operational results for the
    operating segments of FNF for the three-month and nine-month periods
    ended September 30, 2009 and 2008:



    Fidelity National Title Group ("FNT")

                                Three Months Ended    Three Months Ended
                                September 30, 2009    September 30, 2008
                                ------------------    ------------------
    Total revenue                 $1.35 billion         $872.6 million
    -----------------------     ------------------    ------------------
    Pre-tax earnings (loss)      $119.8 million        ($279.4 million)
    -----------------------     ------------------    ------------------
    Pre-tax margin                     8.9%                   N/A
    -----------------------     ------------------    ------------------



                                Nine Months Ended     Nine Months Ended
                                September 30, 2009    September 30, 2008
                                ------------------    ------------------
    Total revenue                  $4.05 billion         $2.92 billion
    -----------------------     ------------------    ------------------
    Pre-tax earnings (loss)       $260.4 million       ($221.3 million)
    -----------------------     ------------------    ------------------
    Pre-tax margin                    6.4%                    N/A
    -----------------------     ------------------    ------------------



    Month                 Direct Orders Opened       Direct Orders Closed
    ------------------    --------------------       --------------------
    July 2009                  191,100                  166,000
    ------------------    --------------------       --------------------
    August 2009                181,100                  137,200
    ------------------    --------------------       -------------------- September 2009             196,400                  135,500
    ------------------    --------------------       --------------------
    Third Quarter 2009         568,600                  438,700
    ------------------    ====================       ====================
    Month                 Direct Orders Opened       Direct Orders Closed
    ------------------    --------------------       --------------------
    July 2008                  135,500                   90,600
    ------------------    --------------------       --------------------
    August 2008                128,900                   87,300
    ------------------    --------------------       --------------------
    September 2008             143,000                   82,700
    ------------------    --------------------       --------------------
    Third Quarter 2008         407,400                  260,600
    ------------------    ====================       ====================



                          Open        Closed       Commercial     Commercial
                        Commercial  Commercial       Revenue      Fee Per File
                          Orders      Orders      (In thousands)
                       -----------  -----------   -------------- -------------
    3rd Quarter 2009     21,300       14,200         $61,000       $4,300
    ----------------   -----------  -----------   -------------- -------------
    3rd Quarter 2008     14,600        9,000         $59,400       $6,600
    ----------------   -----------  -----------   -------------- -------------

    - The preceding table only includes commercial activity from FNF's
    Commercial offices in the national commercial division and does not
    attempt to capture potential commercial activity in our local offices.



    Specialty Insurance

                            Three Months Ended     Three Months Ended
                            September 30, 2009     September 30, 2008
                            ------------------     ------------------
    Total revenue             $102.5 million         $100.4 million
    ----------------------  ------------------     ------------------
    Pre-tax earnings (loss)     $7.2 million          ($5.8 million)
    ----------------------  ------------------     ------------------
    Pre-tax margin                 7.0%                   N/A
    ----------------------  ------------------     ------------------



                            Nine Months Ended      Nine Months Ended
                            September 30, 2009     September 30, 2008
                            ------------------     ------------------
    Total revenue             $287.4 million         $286.0 million
    ----------------------  ------------------     ------------------
    Pre-tax earnings           $34.9 million          $16.8 million
    ----------------------  ------------------     ------------------
    Pre-tax margin                12.1%                   5.9%
    ----------------------  ------------------     ------------------

"This was another solid financial quarter for our company," said Chairman William P. Foley, II. "Title order volumes increased nicely versus the prior year and showed a modest overall sequential decline from the second quarter of this year, as refinance volumes slowed from their accelerated pace early in the year. However, we were able to reduce costs throughout the quarter and our title business produced nearly a 9% pre-tax margin, almost equal to our second quarter performance. We did see strength in open order counts as the quarter progressed, as September showed the strongest open order volumes during the quarter. Additionally, open order volumes continued to accelerate in October, reaching their highest levels in the last four months. These elevated open order levels have us well positioned as we enter the normally seasonally slower fourth quarter and first quarter of next year."

"We did release approximately $74 million in title reserves during the quarter, as we reached the conclusion that the consistently lower claims payments we have seen for the last four quarters had caused a redundant title reserve situation. We offset much of the benefit of this reserve release through the reversal of an insurance receivable associated with a fraud claim that was previously paid in 2007 and 2008. Recent court rulings relating to specific insurance coverage have caused us to reassess our accounting position with respect to this insurance receivable and we, therefore, have reversed approximately $63 million of the recorded balance as a charge to claim loss expense."

"Finally, we announced the sale of our small leasing company, Fidelity National Capital, during the quarter for total net proceeds of approximately $50 million. While Fidelity National Capital was a relatively small business for FNF, its strong growth had resulted in more than $200 million of primarily non-recourse debt on our consolidated balance sheet and we believe this sale was a great opportunity to continue to delever our balance sheet and to monetize an investment. Our debt to total capital ratio ended the quarter at 21% as a result of the sale of this asset."

Fidelity National Financial, Inc. (NYSE: FNF), is a leading provider of title insurance, mortgage services, specialty insurance, claims management services and information services. FNF is the nation's largest title insurance company through its title insurance underwriters - Fidelity National Title, Chicago Title, Commonwealth Land Title, Lawyers Title, Ticor Title, Security Union Title and Alamo Title - that collectively issue more title insurance policies than any other title company in the United States. FNF also provides flood insurance, personal lines insurance and home warranty insurance through its specialty insurance business. FNF also is a leading provider of outsourced claims management services to large corporate and public sector entities through its minority-owned subsidiary, Sedgwick CMS. FNF is also a leading information services company in the human resource, retail and transportation markets through another minority-owned subsidiary, Ceridian Corporation. More information about FNF can be found at www.fnf.com.

This press release contains forward-looking statements that involve a number of risks and uncertainties. Statements that are not historical facts, including statements about our beliefs and expectations, are forward-looking statements. Forward-looking statements are based on management's beliefs, as well as assumptions made by, and information currently available to, management. Because such statements are based on expectations as to future economic performance and are not statements of fact, actual results may differ materially from those projected. We undertake no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise. The risks and uncertainties which forward-looking statements are subject to include, but are not limited to: changes in general economic, business and political conditions, including changes in the financial markets; weakness or adverse changes in the level of real estate activity, which may be caused by, among other things, high or increasing interest rates, a limited supply of mortgage funding or a weak U. S. economy; our potential inability to find suitable acquisition candidates, acquisitions in lines of business that will not necessarily be limited to our traditional areas of focus, or difficulties in integrating acquisitions; our dependence on operating subsidiaries as a source of cash flow; significant competition that our operating subsidiaries face; compliance with extensive government regulation of our operating subsidiaries; and other risks detailed in the "Statement Regarding Forward-Looking Information," "Risk Factors" and other sections of the Company's Form 10-K and other filings with the Securities and Exchange Commission.

                        FIDELITY NATIONAL FINANCIAL, INC.
                               SUMMARY OF EARNINGS
      (In thousands, except per share amounts and order information)

                             Three months ended          Nine months ended
                               September 30,                September 30,
                           ------------------------   ------------------------
                              2009          2008         2009          2008
                           -----------  -----------   -----------  -----------
                                  (Unaudited)                (Unaudited)

    Direct title premiums    $379,396     $286,551    $1,122,053     $912,370
    Agency title premiums     603,572      323,769     1,814,066    1,171,120
                           -----------  -----------   -----------  -----------
      Total title premiums    982,968      610,320     2,936,119    2,083,490
    Escrow, title-related
     and other fees           337,602      270,898     1,029,412      803,270
                           -----------  -----------   -----------  -----------
      Total title and
       escrow               1,320,570      881,218     3,965,531    2,886,760

    Specialty insurance        99,279       99,902       276,566      278,890
    Interest and investment
     income                    36,623       30,789       112,908      102,563
    Realized gains and
     losses                    10,621      (42,136)       18,084      (15,868)
                           -----------  -----------   -----------  -----------
      Total revenue         1,467,093      969,773     4,373,089    3,252,345

    Personnel costs           410,536      328,905     1,260,391    1,039,444
    Other operating
     expenses                 343,874      300,880     1,024,043      874,743
    Agent commissions         480,787      254,883     1,446,460      911,692
    Depreciation and
     amortization              23,119       29,237        84,651       93,693
    Claim loss expense         92,540      359,664       290,234      547,596
    Interest expense            7,938       13,451        28,355       43,947
                           -----------  -----------   -----------  -----------
      Total expenses        1,358,794    1,287,020     4,134,134    3,511,115

    Earnings (loss)
     from continuing
     operations
     before taxes             108,299     (317,247)      238,955     (258,770)
    Income tax expense         34,307     (123,440)       68,080     (106,982)
                           -----------  -----------   -----------  -----------
    Earnings (loss) from
     continuing operations
     before equity
     investments               73,992     (193,807)      170,875     (151,788)
    Earnings (loss)from
     equity investments         2,737       (2,717)      (13,995)      (7,385)
                           -----------  -----------   -----------  -----------
    Net earnings (loss)
     from continuing
     operations                76,729     (196,524)      156,880     (159,173)
    Discontinued
     operations, net of tax    (1,848)      (3,579)       (1,881)      (9,046)
                           -----------  -----------   -----------  -----------
    Net earnings (loss)        74,881     (200,103)      154,999     (168,219)
    Non-controlling
     Interests expense          1,437       (1,801)        2,010       (4,087)
                           -----------  -----------   -----------  -----------
    Net earnings (loss)
     attributable to
     common shareholders      $73,444    ($198,302)     $152,989    ($164,132)
                           ===========  ===========   ===========  ===========
    Earnings per share:
        Net earnings (loss)
         from continuing
         operations
         attributable
         to common
         shareholders -
         basic                  $0.32       ($0.95)        $0.68       ($0.78)
                           ===========  ===========   ===========  ===========
        Net earnings (loss)
         from continuing
         operations
         attributable
         to common
         shareholders -
         diluted                $0.32       ($0.95)        $0.67       ($0.78)
                           ===========  ===========   ===========  ===========
        Weighted average
         shares - basic       228,741      208,710       223,384      210,206
                           ===========  ===========   ===========  ===========
        Weighted average
         shares - diluted     232,141      208,710       227,410      210,206
                           ===========  ===========   ===========  ===========

    Direct operations
     orders opened            568,600      407,400     2,060,800    1,432,200
    Direct operations
     orders closed            438,700      260,600     1,391,400      875,900
    Fee per file               $1,309       $1,636        $1,214       $1,516
    Actual title claims
     paid                    $106,006      $84,668      $239,237     $227,831



                        FIDELITY NATIONAL FINANCIAL, INC.
                               SEGMENT INFORMATION
                                 (In thousands)
                                  (Unaudited)

    Three Months Ended                                 Specialty    Corporate
    September 30, 2009       Consolidated     FNT      Insurance    and Other
                             ------------  ----------  ----------  ----------Gross operating revenue    $1,419,849  $1,304,293     $99,279     $16,277

    Interest and investment
     income                        36,623      34,001       3,049        (427)
    Realized gains and
     losses                        10,621      10,457         156           8
                             ------------  ----------  ----------  ---------- Total revenue               1,467,093   1,348,751     102,484      15,858

    Personnel costs               410,536     387,266      10,635      12,635
    Other operating expenses      343,874     284,666      46,208      13,000
    Agent commissions             480,787     480,787          --          --
    Depreciation and
     amortization                  23,119      20,742       1,279       1,098
    Claim loss expense             92,540      55,383      37,157          --
    Interest expense                7,938          89           4       7,845
                             ------------  ----------  ----------  ----------
      Total expenses            1,358,794   1,228,933      95,283      34,578

    Pretax earnings from
     continuing operations        108,299     119,818       7,201     (18,720)

    Pretax margin                     7.4%        8.9%        7.0%         --

    Open orders                   568,600     568,600          --          --
    Closed orders                 438,700     438,700          --          --


    Three Months Ended                                 Specialty    Corporate
    September 30, 2008       Consolidated     FNT      Insurance    and Other
                             ------------  ----------  ----------  ----------
    Gross operating revenue      $981,120    $872,855     $99,902      $8,363

    Interest and investment
     income                        30,789      27,354       3,263         172
    Realized gains and
     losses                       (42,136)    (27,562)     (2,750)    (11,824)
                             ------------  ----------  ----------  ----------
      Total revenue               969,773     872,647     100,415      (3,289)

    Personnel costs               328,905     311,856      11,766       5,283
    Other operating expenses      300,880     242,996      46,952      10,932
    Agent commissions             254,883     254,883          --          --
    Depreciation and
     amortization                  29,237      27,523       1,207         507
    Claim loss expense            359,664     313,483      46,181          --
    Interest expense               13,451       1,321         124      12,006
                             ------------  ----------  ----------  ----------
      Total expenses            1,287,020   1,152,062     106,230      28,728

    Pretax earnings (loss)
     from continuing
     operations                  (317,247)   (279,415)     (5,815)    (32,017)

    Pretax margin                      --          --          --          --

    Open orders                   407,400     407,400          --          --
    Closed orders                 260,600     260,600          --          --



                        FIDELITY NATIONAL FINANCIAL, INC.
                              SEGMENT INFORMATION
                                 (In thousands)
                                   (Unaudited)

    Nine Months Ended                                 Specialty    Corporate
    September 30, 2009       Consolidated     FNT      Insurance    and Other
                             ------------  ----------  ----------  ----------
    Gross operating revenue    $4,242,097  $3,931,969    $276,566     $33,562

    Interest and investment
     income                       112,908     104,948       9,401      (1,441)
    Realized gains and
     losses                        18,084      18,009       1,456      (1,381)
                             ------------  ----------  ----------  ----------
      Total revenue             4,373,089   4,054,926     287,423      30,740

    Personnel costs             1,260,391   1,199,220      34,152      27,019
    Other operating expenses    1,024,043     873,399     120,888      29,816
    Agent commissions           1,446,460   1,446,460          --          --
    Depreciation and
     amortization                  84,651      78,199       3,924       2,528
    Claim loss expense            290,234     196,691      93,543          --
    Interest expense               28,355         649          27      27,679
                             ------------  ----------  ----------  ----------
      Total expenses            4,134,134   3,794,558     252,534      87,042

    Pretax earnings from
     continuing operations        238,955     260,368      34,889     (56,302)

    Pretax margin                     5.5%        6.4%       12.1%         --

    Open orders                 2,060,800   2,060,800          --          --
    Closed orders               1,391,400   1,391,400          --          --


    Nine Months Ended                                 Specialty    Corporate
    September 30, 2008       Consolidated     FNT      Insurance    and Other
                             ------------  ----------  ----------  ----------
    Gross operating revenue    $3,165,650  $2,856,645    $278,890     $30,115

    Interest and investment
     income                       102,563      91,179      10,267       1,117
    Realized gains and
     losses                       (15,868)    (27,523)     (3,109)     14,764
                             ------------  ----------  ----------  ----------
      Total revenue             3,252,345   2,920,301     286,048      45,996

    Personnel costs             1,039,444     986,698      34,453      18,293
    Other operating expenses      874,743     711,727     121,181      41,835
    Agent commissions             911,692     911,692          --          --
    Depreciation and
     amortization                  93,693      87,670       4,225       1,798
    Claim loss expense            547,596     438,701     108,895          --
    Interest expense               43,947       5,076         463      38,408
                             ------------  ----------  ----------  ----------
      Total expenses            3,511,115   3,141,564     269,217     100,334

    Pretax earnings (loss)
     from continuing
     operations                  (258,770)   (221,263)     16,831     (54,338)

    Pretax margin                      --          --         5.9%         --

    Open orders                 1,432,200   1,432,200          --          --
    Closed orders                 875,900     875,900          --          --



                        FIDELITY NATIONAL FINANCIAL, INC.
                        SUMMARY BALANCE SHEET INFORMATION
                    (In thousands, except per share amounts)

                                            September 30,  December 31,
                                                2009           2008
                                            -------------  -------------
                                             (Unaudited)

    Cash and investment portfolio              $4,988,911     $4,691,790
    Goodwill                                    1,523,492      1,581,658
    Title plant                                   437,124        431,591
    Total assets                                8,053,335      8,368,240
    Notes payable                                 867,971      1,350,849
    Reserve for claim losses                    2,623,897      2,738,625
    Secured trust deposits                        437,975        474,073
    Total stockholders' equity                  3,248,943      2,856,772
    Book value per share                           $14.09         $13.29

SOURCE Fidelity National Financial, Inc.


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