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