- 65 - change significantly during the years in issue from the process used during 1979. Annual approval of Parthenon's premium rates is not required by the Tennessee captive insurance statute. Furthermore, contrary to respondent's contention, there is no indication that HCA used or could use Parthenon's assets except in conformity with the Tennessee captive insurance statute. Respondent contends that, from its inception, HCA agreed to contribute additional capital to Parthenon. Neither HCA nor the sister subsidiaries, however, agreed to, nor did the Department of Insurance require HCA or the sister subsidiaries to agree to be responsible for, any losses of Parthenon when Parthenon was reincorporated in Tennessee during 1979. Although the Department of Insurance, and HCA's management, may have expected HCA to provide financial help if Parthenon were to experience financial difficulties, there was no legal requirement or binding agreement that HCA or the sister subsidiaries do so. Respondent contends that the sister subsidiaries' lack of choice as to insurer or insurance coverage demonstrates that the insurance policies purchased by HCA and the sister subsidiaries from Parthenon were not insurance policies as commonly understood in the industry and that those policies were not entered into as bona fide arm's-length contracts by the subsidiaries. RespondentPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011