- 34 - estimates to be significantly overstated. Petitioner’s rebuttal expert, Hurley, concurred with key aspects of Kilbourne’s and Otto’s criticisms of the AMI analysis and opined that if the AMI analysis were adjusted to reflect certain of their criticisms, the AMI point estimate for 1993 unpaid losses would be reduced to $71,915,000–-an amount slightly below Tillinghast’s 1993 point estimate.21 In light of Hurley’s conclusions, the AMI report does not support petitioner’s add-ons to Tillinghast’s 1993 and 1994 point estimates. Coopers never expressly opined that petitioner’s unpaid loss estimates were reasonable. To the contrary, for each of the years in issue, Coopers concluded that petitioner’s estimates of its unpaid losses fell outside a reasonable range suggested by Coopers’s in-house guidelines. Ultimately, Coopers decided to 21 To be more precise, James Hurley (Hurley) agreed with Frederick Kilbourne (Kilbourne) and David Otto (Otto) that the AMI report contained certain errors, the adjustment of which would reduce the AMI point estimate by $4,875,000 to $82,544,000. Hurley noted that if the AMI analysis were adjusted to account for certain other of Kilbourne’s and Otto’s criticisms, which Hurley opined involved “matters of actuarial judgment”, the AMI point estimate should be reduced by $15,504,000 to $71,915,000. Hurley did not expressly align himself with the actuarial judgment of either AMI or Kilbourne and Otto. We note, however, that Hurley computed the effect of a corresponding adjustment for this issue, while declining to offer a corresponding adjustment for another of Kilbourne’s and Otto’s criticisms of the AMI analysis, which Hurley characterized as involving “purely actuarial judgment”. We infer that Hurley recognized merit in those criticisms raised by Kilbourne and Otto for which he computed corresponding adjustments. Accordingly, to that extent, we construe Hurley’s report as corroborating Kilbourne’s and Otto’s criticisms of the AMI analysis.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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