Hospital Corporation of America and Subsidiaries - Page 70

                                       - 70 -                                         

          was thinly capitalized, but because, when the reserve                       
          strengthening payments were made, earlier actuarial projections             
          made by Parthenon's independent consulting actuaries of unpaid              
          losses appeared insufficient to cover all of those losses.  Under           
          the circumstances, we conclude that HCA and the sister                      
          subsidiaries made the reserve strengthening payments to secure              
          insurance protection and that the fact of such payments does not            
          require a conclusion that the insurance arrangement with                    
          Parthenon was a sham.  Additionally, we believe that HCA's                  
          decision to pay the Florida workers' compensation claims rather             
          than having the hospitals' assets frozen by the State of Florida            
          was a sound business decision relating to the continued                     
          operations of those hospitals, and not evidence of a sham                   
          arrangement with Parthenon.                                                 
               Respondent contends further that the premiums for the 1986,            
          1987, and 1988 policy years were understated while the premium              
          for the 1984 policy year was overstated.  Respondent relies on              
          Mr. Merlino's opinion to support that contention.  Petitioners              
          contend that their independent actuarial consultants recommended            
          the premiums based on estimates of the risks assumed by                     
          Parthenon.  Petitioners contend that whether the actuarial                  
          calculations produced premiums that proved to be higher or lower            








Page:  Previous  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  Next

Last modified: May 25, 2011