Minnesota Lawyers Mutual Insurance Company and Subsidiaries - Page 33




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            reserves for certain lines “in which the reserves otherwise                                
            computed have historically proven inadequate.”  The Commissioner                           
            had argued that the voluntary loss reserves were greater than                              
            historical deficiencies in the schedule P lines of coverage and                            
            were intended to cover deficiencies in certain schedule O lines                            
            of coverage.  Rejecting the Commissioner’s arguments, we held                              
            that the test of reasonableness should be directed at the total                            
            unpaid loss reserves rather than at individual lines of                                    
            coverage, and that the taxpayer’s total estimated reserves were                            
            not only reasonable but actually understated in light of prior                             
            experience.  See id. at 919-920.                                                           
                  In the instant case, by contrast, petitioner has not shown                           
            that, for the years in issue, it established adverse development                           
            reserves to ensure the adequacy of reserves that historical                                
            experience had proved inadequate, or that its total reserves are                           
            reasonable in light of prior experience.  To the contrary, the                             
            evidence strongly suggests that for each year in issue,                                    
            petitioner’s recent historical experience had proved                                       
            petitioner’s case reserves to be generous.  For example,                                   
            petitioner’s own reserve analyses for the years in issue                                   
            indicate significant redundancies in its case reserves.                                    
            Petitioner’s appointed actuary noted that as of yearend 1993,                              
            there was total “redundancy” in petitioner’s total booked net                              
            loss reserve of $4,210,000–-which exceeds the $3,155,000 adverse                           
            development reserve that petitioner established for 1993.  The                             




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Last modified: May 25, 2011