- 49 - petitioner was realizing losses on none of the experience-rated group contracts. In explanation, petitioner’s expert notes that the experience-rated group contracts had reserve mechanisms that allowed petitioner potentially to recoup losses relating to particular experience-rated group contracts. Petitioner, however, was not insulated from losses relating to experience- rated group contracts, and every experience-rated group contract could produce an unrecoverable loss for petitioner. The retrospective credit contracts could be terminated by the groups at will even if they had a deficit account, and petitioner could only recoup a shortage with respect to its retrospective refund contracts if the contracts produced excess premiums in subsequent years. By not taking into account contract-specific characteristics relating to experience-rated group contracts, petitioner’s expert concluded that the average experience-rated group contract would not experience a loss, and his valuation did not reflect or identify which experience-rated group contracts should be so treated as loss contracts and valued accordingly. The error of petitioner’s expert’s approach in this regard is illustrated by an example involving Pennsylvania Farmer’s Union, and facts that generally postdate January 1, 1987, but that nevertheless illustrate the problem with petitioner’s valuation approach. As of January 1988, Pennsylvania Farmer’s Union maintained with petitioner three experience-rated, retrospective credit group contracts with a cumulative deficit ofPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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