- 97 - did not offer coverage to certain high-risk shippers. Nevertheless, the coverage underwritten by FFIC was very similar to that which was purported to be provided by NUF and OPL and is an indication that the price of the excess value coverage provided by NUF and OPL was substantially more than the price petitioner could have obtained in arm's-length negotiations.55 Respondent's expert, Prof. Alan Shapiro, Ph.D., professor of finance and business economics, estimated that $0.092 per $100 of declared value in excess of $100 would have been an arm's-length price for insurance covering petitioner's excess value activity. Professor Shapiro based his analysis on the proposition that an arm's-length price for OPL's excess value coverage would be one that over time provided OPL with a fair return on its necessary equity investment. In coming to his conclusion, Professor Shapiro compared what OPL's return on equity would have been had it been reinsuring the EVC activity during the years 1979 through 1983 with that of 54(...continued) premiums minus claims paid minus commissions. 55Had petitioner's customers paid $0.125 per $100 of declared value (the same as PIP charged), EVC revenues would have been cut in half, but the gross profit percentage (one-half of EVC's, less all claims paid, divided by one-half of EVC's) for the years 1979 through 1989 would have been 37 percent. One-half of EVC revenue for 1979 through 1989 is $622,678,544 less actual claims paid of $393,153,605 equals gross profit of $229,524,939. Gross profit of $229,524,939 divided by $622,678,544 equals a gross profit percentage of 37 percent.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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