Capital Blue Cross and Subsidiaries - Page 40

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          under petitioner’s existing name.  Under this reinsurance model             
          used by petitioner’s expert, petitioner’s 23,526 group contracts            
          effectively were valued together as a mass and not as distinct              
          assets separate from each other and from petitioner’s other                 
          intangible assets.                                                          
               In his valuation, petitioner’s expert utilized incomplete              
          information and either ignored, improperly applied, or made                 
          incorrect assumptions about unique characteristics associated               
          with petitioner’s group contracts.                                          
               In his analysis of the life of petitioner’s health insurance           
          group contracts, petitioner’s expert incorrectly assumed a 20-              
          year useful life for all of petitioner’s separate health                    
          insurance group contracts, and he incorrectly assumed that lapse            
          rates for the group contracts would be consistent with certain              
          outdated information.                                                       
               We explain further the key aspects of petitioner’s expert’s            
          valuation of the group contracts with which we disagree.12                  

          Reinsurance Model                                                           
               The reinsurance model used by petitioner’s expert values               
          petitioner’s 376 group contracts that were terminated in 1994 and           

               12  In the instant case, because petitioner went to some               
          significant effort to cure the item by item valuation                       
          deficiencies that the District Court detailed in its opinion in             
          Trigon Ins. Co. v. United States, 215 F. Supp. 2d 687 (E.D. Va.             
          2002), supplemented at 234 F. Supp. 2d 581 (E.D. Va. 2002), our             
          criticisms of petitioner’s valuation of the group contracts are             
          more general than those of the District Court in Trigon Ins. Co.,           
          but they are equally fatal to petitioner’s claimed loss                     
          deductions.                                                                 




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