- 64 - Parthenon. Neither Parthenon nor the sister subsidiaries intended to or did treat the reserve strengthening payments as equity investment. Additionally, both the Department of Insurance and Blue Cross treated the reserve strengthening payments as insurance premiums. We conclude that, in fact and in substance, the sister subsidiaries did not own any of Parthenon's stock. Respondent contends further that the Department of Insurance did not strictly regulate Parthenon. The record in the instant case establishes that the Tennessee Department of Insurance did not promise, and we are persuaded that it did not extend special privileges to Parthenon. The supervision that the Department of Insurance exercised over Parthenon's operations, including periodic financial examinations, was no different from the supervision exercised over any other captive insurer licensed in the State of Tennessee. Although the Department of Insurance did not annually establish or approve the premium rates between Parthenon and its sister subsidiaries, the examination report of Parthenon prepared by the Department of Insurance as of December 31, 1979, indicates that the basic premium rating process used by Parthenon for that period had the approval of the Department of Insurance. Parthenon's process for setting premium rates did notPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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