Atlantic Mutual Insurance Company and Includible Subsidiaries - Page 18

                                       - 18 -                                         
          "reserve strengthening" has the meaning petitioner ascribes to              
          it.  Respondent continues to contend, however, that the term's              
          meaning in the P&C insurance industry is ambiguous.                         
               Respondent has presented expert testimony which indicates              
          that the term is subject to more than one interpretation.  One              
          expert opined that the regulation's definition provided a valid             
          measurement of "reserve strengthening".  Another expert opined              
          that the regulation's definition, while not technically accurate,           
          was consistent with a common usage of the term in nonactuarial              
          reporting.  Moreover, respondent notes that the conference                  
          committee report's definition of "reserve strengthening" is fully           
          consistent with her position.  The report stated:                           
               Reserve strengthening is considered to include all                     
               additions to reserves attributable to an increase in an                
               estimate of a reserve established for a prior accident                 
               year * * * and all additions to reserves resulting from                
               a change in the assumptions * * * as well as all                       
               unspecified or unallocated additions to loss reserves.                 
               * * *  [H. Conf. Rept. 99-841 (Vol. II), supra at II-                  
               367, 1986-3 C.B. (Vol. 4) at 367; emphasis added.]                     
               Respondent also addresses two points made in Western                   
          National regarding the legislative history of "reserve                      
          strengthening".  First, respondent argues that the Court's view--           
          that the conference committee report "conflicts" with other                 
          portions of the legislative history--does not take into account             
          the evolution of the statute.  Conference committees reconcile              
          differences between House and Senate versions of legislation and            
          write the final legislation that is enacted into law.  In                   





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011