Utah Medical Insurance Association - Page 7

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          estimating its ultimate losses each year, petitioner adjusted its           
          prior estimates of earlier years' ultimate losses to factor in              
          its loss experience.                                                        
               Petitioner's president, Martin J. Oslowski (Oslowski),                 
          recommended an amount to report as annual statement unpaid losses           
          to the board of directors.  Oslowski was petitioner's claims                
          manager before he became president in December 1986.                        
               Petitioner wrote only one line of insurance, and thus                  
          petitioner could not offset reserve deficiencies with surpluses             
          in another line as multiline companies could do.                            
          F.   Occurrence Basis and Claims-Made Basis Policies                        
               Medical malpractice insurance may be written on an                     
          "occurrence" basis or on a "claims-made" basis.  An occurrence              
          basis policy covers losses that occur within the policy period              
          whenever reported.  A claims-made basis policy covers only losses           
          from occurrences during the policy period (or a previous policy             
          period) for which claims are made or which are otherwise reported           
          during the period.  From 1978 to 1985, petitioner and most of the           
          medical malpractice insurance industry offered only occurrence              
          basis policies.                                                             
               In 1984, petitioner's financial position was tenuous because           
          its losses in the early 1980's were significantly larger than its           


               4(...continued)                                                        
          year" instead of "accident year" because this case involves both            
          occurrence and claims-made coverage.                                        




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