Physicians Insurance Company of Wisconsin, Inc. and Subsidiaries - Page 30




                                       - 30 -                                         
          estimates.15  Petitioner offered no contemporaneous documentary             
          evidence supporting the basis for its add-ons to Tillinghast’s              
          point estimate.  Petitioner introduced into evidence an undated             
          and untitled document that Maurer contends is a list of                     
          “qualitative factors” that he relied upon to justify petitioner’s           
          increments to Tillinghast’s point estimates.16  Petitioner has              
          not established, however, that this list, which Maurer created              
          after the fact, relates to the years in issue.17  Consequently,             
          the list is of little probative value.  Even if we were to                  
          assume, for sake of argument, that the list accurately reflects             
          factors that petitioner contemporaneously relied upon in arriving           
          at its add-ons to Tillinghast’s point estimates, petitioner has             
          not established that these factors do not duplicate factors that            


               15 Although David L. Maurer (Maurer) testified that he                 
          selected his estimates of unpaid losses as a point that was “ten            
          percent above Tillinghast’s initial point estimate”, his                    
          testimony was vague and evasive as to why the unpaid loss                   
          estimates were not in fact exactly 10 percent greater than                  
          Tillinghast’s point estimate, but rather 9.95 percent greater in            
          1993 and 9.77 percent greater in 1994.                                      
               16 The list notes the following “qualitative factors”:  A              
          trend toward increased claims against corporations; possible                
          liability to the Wisconsin Patients Compensation Fund for                   
          settlements or bad faith claims; turnover in clients; pending               
          tort reform legislation; greater uncertainty with “new states”              
          and other lines of business recently offered; and increased                 
          litigation resulting from petitioner’s aggressive claims defense.           
               17 Maurer testified that he did not recall when he prepared            
          the list, but he believed it was in 1997.  He testified that he             
          did not “recall exactly what period of time * * * [the list]                
          relates to”.  According to his testimony, he spent 10 or 15                 
          minutes putting this document together.                                     





Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011