Attorneys Insurance Mutual of Alabama, Inc. v. Alabama Department of Insurance

I concur in all the portions of the main opinion except that pertaining to the loss-reserves issue. As to that issue, I respectfully dissent.

The main opinion, in reaching its conclusion that the trial court’s affirmance of the commissioner’s decision on the issue of loss reserves was arbitrary and capricious, has determined that, in the absence of a showing of harm to the insurance company or its policyholders, conservative loss reserves are reasonable. 64 So.3d at 20 (the trial court’s decision was arbitrary because it was “based only on a dispute between actuaries about loss-reserve amounts…