For now at least, the U.S. auto industry's got its big three: GM, Ford and Chrysler. In real estate, you've got your big four title insurance underwriting companies -- soon to be the big three.
In 2007, the top four title insurers controlled 87 percent of the $14 billion U.S. title insurance business. First American Corp. led the pack with 30 percent market share, followed by Fidelity National Financial Inc. (26 percent), LandAmerica Financial Group (19 percent) and Stewart Information Services Corp. (12 percent).
With LandAmerica in Chapter 11 bankruptcy and Fidelity looking to buy its three underwriting subsidiaries -- Lawyers Title Insurance Corp., Commonwealth Land Title Insurance Co. and United Capital Title Insurance Co. -- the picture could soon look something like this: Fidelity (45 percent), First American (30 percent), and Stewart (12 percent).
But now we learn that Stewart also seems to be in the chase for LandAmerica's underwriters (see story).
If Stewart succeeds in outmaneuvering Fidelity, that would leave the three biggest companies still standing with roughly equal market share: Stewart (31 percent), First American (30 percent) and Fidelity (26 percent).
In a Nov. 10 analysis of a proposed Fidelity-LandAmerica merger, analysts at Keefe, Bruyette & Woods said that a combined Stewart and LandAmerica would make for a "healthy industry."
But KBW saw Fidelity as "the logical partner" for LandAmerica, because LandAmerica's $650 million-plus debt load would be too big a hurdle for Stewart, with its "conservative balance sheet philosophy," to overcome (this was before LandAmerica filed for bankruptcy protection and said instead of merging with another company, it would sell off its underwriting companies as part of a plan to pay off the parent company's debt).
The KBW analysts ruled out First American because the company's management has said they aren't interested in acquisitions right now -- like everybody else, they are downsizing as fast as they can to survive the downturn.
Fidelity's management has indicated that in order to realize "synergies," layoffs would be an inevitable part of an acquisition of Lawyers, Commonwealth and United. That's probably true regardless of who ends up with LandAmerica's underwriting subsidiaries.
That being said, who are you rooting for, Fidelity or Stewart? If Fidelity beats out Stewart, can Stewart boost its market share and attain parity with Fidelity and First American? Or will the big three eventually become the big two?
There's one other scenario that would preserve a "big four" title industry: What if Old Republic International Corp., which had 5 percent of the underwriting business in 2007, picked up LandAmerica's underwriters? That would create a landscape something like this: First American (30 percent), Fidelity (26 percent), Old Republic (24 percent) and Stewart (12 percent).
If that sounds far fetched, Old Republic did file an application with Nebraska regulators this week to acquire Lawyers and Commonwealth, but withdrew the application yesterday (see story link above).
What about First American? Should the current leader reconsider and jump into the hunt, now that it's LandAmerica's underwriting companies on the block, and not the parent company and all its debt? Or are they wise to stay on the sidelines and let Fidelity and Stewart engage in a bidding war?
Fidelity is hoping to wrap up a $298 million deal with LandAmerica this month, but LandAmerica's creditors are objecting to a quick sale and have asked the bankruptcy court to hold off on approving it, saying a better offer could emerge (for details, and access to filings in the case, see the story).
UPDATE: Fidelity has the go-ahead from bankruptcy court to acquire Lawyers, Commonwealth (see story).
UPDATE TWO: Feds standing aside on antitrust issues (see story).
Flickr photo by floodllama