Blue Cross & Blue Shield of Texas, Inc. and Subsidiaries - Page 18




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            to pay COB savings amounts (i.e., amounts that primary insurers                            
            were responsible for and pay) and that Blue Cross never acquired                           
            fixed and genuine rights of recovery and salvage with regard                               
            thereto.  We again agree with respondent.                                                  
                  The applicable regulation under section 832 requires that                            
            unpaid losses, to be taken into account in computing losses                                
            incurred, are to represent a fair and reasonable estimate of the                           
            amount health insurance companies actually will be required to                             
            pay, not of what they theoretically might have to pay.  Section                            
            1.832-4(b), Income Tax Regs., in relevant part provides:                                   

                        Every insurance company to which this section applies                          
                  must be prepared to establish to the satisfaction of the                             
                  district director that the part of the deduction for “losses                         
                  incurred” which represents unpaid losses at the close of the                         
                  taxable year comprises only actual unpaid losses. * * *                              
                  These losses must be stated in amounts which, based upon the                         
                  facts in each case and the company's experience with similar                         
                  cases, represent a fair and reasonable estimate of the                               
                  amount the company will be required to pay. * * *                                    

                  The evidence shows that in the years before 1990, Blue Cross                         
            consistently used the wait-and-pay approach and did not pay                                
            (unless in error), reserve for, or expect to make payments with                            
            respect to its COB savings.                                                                
                  Blue Cross argues that because it could, after 1989, elect                           
            to use the pay-and-pursue approach or that primary insurers could                          
            fail to make their payments (e.g., in the event a primary insurer                          
            becomes insolvent), Blue Cross’ COB savings, without the benefit                           






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Last modified: May 25, 2011