United Parcel Service of America - Page 11




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          industry, the needed rate would increase from 8.1 cents to about            
          8.6 cents.                                                                  
               Respondent's expert Dr. Blaine Nye, an insurance economist,            
          explained in his expert report that an insurance company would              
          price a policy by calculating the expected losses and expenses              
          and adding an underwriting profit margin.  Dr. Nye used the                 
          capital asset pricing model to derive an underwriting profit for            
          petitioner's excess value activity.  Dr. Nye concluded that the             
          arm's-length price of an insurance arrangement providing coverage           
          on the liability to shippers declaring values in excess of $100             
          to be 32 percent of declared value revenues.  Thus, according to            
          Dr. Nye, petitioner would have paid a price of approximately 8              
          cents (32 percent of 25 cents) per $100 of coverage to insure its           
          excess value activity liability.                                            
               One of the experts presented by petitioner at trial                    
          implicitly acknowledged that petitioner could have negotiated a             
          lower arm's-length price for the coverage provided by NUF and               
          OPL.  Petitioner presented Dr. Neil Doherty as an expert in the             
          economics of insurance.  On cross-examination, Dr. Doherty                  
          responded as follows:                                                       
                    Q.   From purely insurance pricing perspective,                   
               would you agree that if Overseas Partners, Limited, was                
               entirely unrelated to UPS, had no common shareholders,                 
               no common officers, no common board of directors, that                 
               this transaction would have made little sense from                     
               UPS's perspective?                                                     






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