`Mary L. O'Neil, FCAS, MAAA, CLU, ChFC
`
`Current Professional Experience
`
`In 1986 I established O'Neil Consulting Services, Inc. (OCS), an independent actuarial consulting
`practice. The firm has provided actuarial consulting services to a variety of clients from both the
`regulatory and private sectors. Regulatory agencies have included the North Carolina Department of
`Insurance, the New Jersey Department of Insurance (NJDOI), the New York Department of Insurance,
`the Texas Office of Public Insurance Counsel, the Georgia Department of Insurance, the Ontario Automo-
`bile Insurance Board, the Pennsylvania Department of Insurance, and the Wyoming Department of
`Environmental Quality. Individual insurers or insurance pools have included Pennsylvania Millers
`Mutual Insurance Company, Integrity Insurance Company in Liquidation (on behalf of liquidator), Home
`State Holdings, Inc. in Liquidation (on behalf of liquidator), several small insurers, and several
`self-insurance pools. OCS has worked with several law firms including, for example, Sills Cummis
`Zuckerman Radin Tischman Epstein & Gross, Ropes & Gray, and Donovan & Associates. OCS also
`provided all actuarial services for the New Jersey Market Transition Facility.
`
`Services performed include expert witness testimony, analysis of proposed rates by insurers, analysis of
`required insurer reserves in conjunction with regulatory examinations of insurance companies, evaluation
`of loss reserves for purposes of reinsurance commutation, evaluation of mass tort liabilities, catastrophe
`model analysis, preparation of required reserve opinions for individual insurers and pools, evaluation of
`legislation, patent expert defense, captive support, and other special projects.
`
`Rate analyses have included private passenger automobile, homeowners', title, and workers'
`compensation. These projects have been completed for individual rate filings or full industry rate filings
`in selected states. Required loss and loss adjustment expense reserves have been estimated for a
`multibillion dollar multi-line insurer group as well as small self-insurance pools and small insurers.
`
`Special projects have included study of medical malpractice issues for a government report, estimation
`of rates for mine-subsidence coverage, evaluation of ultimate mass tort values, assistance with
`development of loss and loss adjustment expense reserve data bases and reports, assistance in pricing
`proposed legislation, assistance in evaluating the acquisition of captives, assistance in patent litigation,
`analysis of catastrophe models, assistance in design of a Final Dividend Plan, design and application of
`an aggregate probability model, and other model design.
`
`Details of any assignment are available upon request.
`
`Other Professional Experience
`
`New Jersey Department of Insurance.
`
`For nearly two years I served as the Department's Chief Actuary. My responsibilities included supervision
`of the actuarial aspects of regulation for all lines of insurance: personal lines and commercial lines rates
`and forms, life contracts and health rates. In addition, I supervised the life valuations and supplied
`assistance to the Examinations Division in valuing property/casualty insurer reserves. Finally, I and my
`staff served as advisors to the commissioner and other department staff on all issues before the
`department.
`
`Liberty Mutual Exhibit 1033
`Liberty Mutual v. Progressive
`CBM2012-00003
`Page 00001
`
`
`
`Professional Sum mary
`Mary L. O'Neil, FCAS, MAAA, CLU, ChFC
`
`Prudential Property and Casualty Insurance Company.
`
`During my eleven years with Prudential I served in a variety of assignments. These included pricing,
`marketing, reserving, financial analysis and various special projects. I began my work as an actuarial
`student and rose to the level of Vice President and Assistant Actuary.
`
`General Reinsurance Corporation.
`
`For the one year I served at General Reinsurance I did mostly statistical work.
`
`Professional Designations
`
`Fellow of the Casualty Actuarial Society (FCAS)
`Member of the American Academy of Actuaries (MAAA)
`Chartered Life Underwriter (CLU)
`Chartered Financial Consultant (ChFC)
`Licensed Realtor
`
`Professional Organizations
`
`Casualty Actuarial Society (CAS)
`American Academy of Actuaries (AAA)
`International Association of Insurance Receivers (IAIR)
`
`Professional Writings
`
`A list of my various articles, papers, and presentations is available.
`
`Education
`
`The Pennsylvania State University
` B.S. Mathematics (Magna Cum Laude)
` M.A. Statistics
`
`Contact Information
`
`O’Neil Consulting Services, Inc.
`230 Parkside Lane
`Pittsburgh, Pennsylvania 15236
`
`Tel: 732-758-8455
`Fax: 732-884-2402
`Email: OCSINCORP@aol.com
`
`Page 00002
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`
`
`O’Neil Consulting Services, Inc.
`Mary L. O’Neil, FCAS, MAAA, CLU, ChFC
`General Summary of Litigation Experience
`
`Page 00003
`
`
`
`O’Neil Consulting Services, Inc.
`Mary L. O’Neil, FCAS, MAAA, CLU, ChFC
`General Summary of Litigation Experience
`
`Table of Contents
`
`A
`
`B
`
`C
`
`D
`
`E
`
`F
`
`G
`
`H
`
`The Ontario Automobile Insurance Board No Fault Hearing . . . . . . . . . . . . . . . . . . . . . . . . Page 1
`
`Integrity Insurance Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
`
`Homestate Holdings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
`
`Security Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
`
`Ratemaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
`
`Association of Trial Lawyers of America - New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4
`
`New Jersey Automobile Full Insurance Underwriting Association (AFIUA) . . . . . . . . . . . Page 5
`
`Liberty Mutual Insurance Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5
`
`Page 00004
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`
`
`O’Neil Consulting Services, Inc.
`Mary L. O’Neil, FCAS, MAAA, CLU, ChFC
`General Summary of Litigation Experience
`
`A
`
`The Ontario Automobile Insurance Board No Fault Hearing
`
`The Ontario Automobile Insurance Board, Reference: R89-1. Outside Counsel engaged by the Board was
`Donald Rogers. I provided expert assistance to counsel throughout the hearing process over a period of about
`six months in 1989. Tasks included review of all documents submitted by all parties to the hearing, advising
`counsel on the contents of these documents, assisting counsel with depositions and cross examination related
`to these documents, assistance with a summary expert report to the Board. I did not testify.
`
`B
`
`Integrity Insurance Company
`
`In the Matter of the Liquidation of Integrity Insurance Company. Superior Court of New Jersey Chancery
`Division - Bergen County General Equity Part Docket No.:C-7022-86. I was engaged by Counsel for
`Integrity, Sills Cummis Zuckerman Radin Tischman Epstein & Gross of Newark, New Jersey. The attorney
`was Thomas Novak. Interactions with the client were primarily through the Deputy Liquidator and staff. The
`Deputy Liquidator is Richard White at Integrity Insurance Company in Liquidation, 49 E. Midland Avenue,
`Paramus, New Jersey, 201-262-9300.
`
`From 1987 through 2003, I provided all expert actuarial services to Integrity Insurance Company in
`Liquidation. The primary line of business was excess and umbrella with extensive mass tort exposure. This
`assignment included, for example, commutation analyses, reserve analysis, cash flow analyses, general
`actuarial advice, and assistance with construction of a final dividend plan. My work included preparation of
`several expert actuarial reports. My report regarding the loss and loss adjustment expense reserves and the
`allocation of those reserves to reinsurance treaty formed the basis of the Final Dividend Plan. I provided
`expert witness testimony regarding my report in the form of a week long deposition. The case did not go to
`trial.
`
`Opposing counsel was Schiff Hardin L.L.P. of Chicago, Illinois.
`
`C
`
`Homestate Holdings
`
`United States District Court for the District of New Jersey, Home State Holding, Inc., a Delaware
`corporation, Civ. No. 00-1260(GEB) Plaintiff, against Pricewaterhousecoopers, L.L.P., f/d/b/a Coopers &
`Lybrand, Defendant.
`
`The law firm for this case was Donovan & Associates (now W. J. Cahill & Associates), 24 S. Holmdel Road,
`Holmdel, New Jersey 07733, 732-772-9830. Michael Donovan (deceased in 2006) was the primary contact.
`Susan Kennedy was the secondary contact and Bill Cahill was an occasional contact. I was engaged as an
`expert in this case from 2001 to 2002. The Homestate book of business was primarily Private Passenger
`Automobile. Other insurers in the group wrote various other lines of insurance. My work in this case was
`to provide expert actuarial assistance to the firm in its pursuit of a cause of action against the defendant. This
`assignment included review and selection of appropriate documents from voluminous discovery responses,
`retrospective reconstruction and evaluation of procedures applied by the actuaries and auditors for
`
`August 15, 2013
`
`Page 1
`
`Page 00005
`
`
`
`Homestate, assistance in the deposition of those experts, explanation of my findings to counsel, preparation
`of an expert report regarding my findings, and assistance with depositions. There was no trial in this case.
`I was not deposed.
`
`D
`
`Security Indemnity
`
`In the Matter Of the Rehabilitation of Security Indemnity Insurance Company. Superior Court of New Jersey
`Chancery Division - Mercer County Civil Action Docket No.: Mer-C-62-03 before Judge Shuster. I was
`engaged by the New Jersey Department Of Banking and Insurance (NJDOBI) for this case. Counsel for the
`NJDOBI is the Office of the Attorney General. The Deputy Attorney General assigned to this case was James
`Carey. He is no longer employed there.
`
`I was engaged from 2003 to 2004 as an expert in this case which was to determine the continued viability
`of the Company. My tasks included preparation of an expert loss and loss adjustment expense reserve report,
`assistance to counsel in preparation for depositions and trial cross examination, assistance to NJDOBI with
`preparation of financial statements and general expert advice, and expert testimony at trial.
`
`E
`
`Ratemaking
`
`Numerous analyses of insurer rate proposals have been completed. These include the following cases which
`involved expert witness testimony.
`
`1
`
`2
`
`3
`
`4
`
`In the Matter of Travelers Indemnity et al, Private Passenger Automobile Rate Filing dated March
`9, 1990 and amended May 2, 1991. OAL Docket No. INS 1050-91 before Judge Richard McGill.
`This was a filing for an increase in private passenger automobile insurance rates. The tasks were to
`analyze the rate filing, prepare an expert report, assist counsel with identification of the issues, assist
`counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`American International Insurance Company of New Jersey, Petitioner, v. New Jersey Department
`of Banking and Insurance, Respondent. Office of Administrative Law Docket No.: BKI 08437-00S
`before Judge Louis G. McAfoos, III. This was a filing for an increase in private passenger
`automobile insurance rates. The tasks were to analyze the rate filing, prepare an expert report, assist
`counsel with identification of the issues, assist counsel in preparation for depositions and cross-
`examinations, and testify at trial. In this case counsel from the Office of the Attorney General was
`new to insurance. Hence, this task also included extensive assistance to counsel in preparation for
`trial cross examination and assistance with writing briefs.
`
`The Texas Office of Public Insurance Counsel, Title Insurance rate filing (Docket No. 454-94-
`2015.G). I was engaged to analyze the rate filing, prepare an expert report, assist counsel with
`identification of the issues, assist counsel in preparation for depositions and cross-examinations, and
`testify at trial before the Texas Rate Commission.
`
`In the Matter of the Filing Dated November 26, 1986 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 474 before James E. Long, Commissioner of
`Insurance. Outside Counsel for North Carolina Department of Insurance (NCDOI) was E. Daniels
`Nelson of Raleigh, North Carolina. Opposing counsel was Young, Moore and Henderson, P.A. of
`Raleigh, North Carolina. The tasks were to analyze the rate filing, prepare an expert report, assist
`
`August 15, 2013
`
`Page 2
`
`Page 00006
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`
`
`5
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`6
`
`7
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`8
`
`9
`
`10
`
`counsel with identification of the issues, assist counsel in preparation for depositions and cross-
`examinations, and testify at trial.
`
`In the Matter of the Filing Dated July 1, 1988 by the North Carolina Rate Bureau for Revised Private
`Passenger Automobile rates, Docket No. 493 before James E. Long, Commissioner of Insurance.
`Outside Counsel for NCDOI was E. Daniels Nelson of Raleigh, North Carolina. Opposing counsel
`was Young, Moore and Henderson, P.A. of Raleigh, North Carolina. The tasks were to analyze the
`rate filing, prepare an expert report, assist counsel with identification of the issues, assist counsel
`in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated June 30, 1989 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 535 before James E. Long, Commissioner of
`Insurance. Outside Counsel for NCDOI was E. Daniels Nelson of Raleigh, North Carolina. Opposing
`counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina. The tasks were to
`analyze the rate filing, prepare an expert report, assist counsel with identification of the issues, assist
`counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated July 1, 1990 by the North Carolina Rate Bureau for Revised Private
`Passenger Automobile rates, Docket No. 568 before James E. Long, Commissioner of Insurance.
`Outside Counsel for NCDOI was E. Daniels Nelson of Raleigh, North Carolina. Opposing counsel
`was Young, Moore and Henderson, P.A. of Raleigh, North Carolina. The tasks were to analyze the
`rate filing, prepare an expert report, assist counsel with identification of the issues, assist counsel
`in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated August 17, 1992 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 650 before James E. Long, Commissioner of
`Insurance. Outside Counsel for NCDOI was E. Daniels Nelson of Raleigh, North Carolina. Opposing
`counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina. The tasks were to
`analyze the rate filing, prepare an expert report, assist counsel with identification of the issues, assist
`counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated February 1, 1994 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 689 before James E. Long, Commissioner of
`Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh, North Carolina, 919-
`807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina.
`The tasks were to analyze the rate filing, prepare an expert report, assist counsel with identification
`of the issues, assist counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated May 1, 1995 amended April 1, 1996 by the North Carolina Rate
`Bureau for Revised Private Passenger Automobile rates, Docket No. 727 before James E. Long,
`Commissioner of Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh,
`North Carolina, 919-807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of
`Raleigh, North Carolina. The tasks were to analyze the rate filing, prepare an expert report, assist
`counsel with identification of the issues, assist counsel in preparation for depositions and cross-
`examinations, and testify at trial.
`
`11
`
`In the Matter of the Filing Dated March 5, 1999 by the North Carolina Rate Bureau for Revised
`
`August 15, 2013
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`Page 3
`
`Page 00007
`
`
`
`12
`
`13
`
`14
`
`15
`
`Private Passenger Automobile rates, Docket No. 942 before James E. Long, Commissioner of
`Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh, North Carolina, 919-
`807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina.
`The tasks were to analyze the rate filing, prepare an expert report, assist counsel with identification
`of the issues, assist counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated February 1, 2004 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 1174 before James E. Long, Commissioner of
`Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh, North Carolina, 919-
`807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina.
`The tasks were to analyze the rate filing, prepare an expert report, assist counsel with identification
`of the issues, assist counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated February 1, 2005 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 1235 before James E. Long, Commissioner of
`Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh, North Carolina, 919-
`807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina.
`The tasks were to analyze the rate filing, prepare an expert report, assist counsel with identification
`of the issues, assist counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated February 1, 2008 by the North Carolina Rate Bureau for Revised
`Private Passenger Automobile rates, Docket No. 1407 before James E. Long, Commissioner of
`Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh, North Carolina, 919-
`807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of Raleigh, North Carolina.
`The tasks were to analyze the rate filing, prepare an expert report, assist counsel with identification
`of the issues, assist counsel in preparation for depositions and cross-examinations, and testify at trial.
`
`In the Matter of the Filing Dated January 4, 2011 by the North Carolina Rate Bureau for Revised
`Dwelling Fire and Extended Coverage rates, Docket No. 1679 before Wayne Goodwin,
`Commissioner of Insurance. Counsel for NCDOI was Sherri Hubbard, Dobbs Building, Raleigh,
`North Carolina, 919-807-6092. Opposing counsel was Young, Moore and Henderson, P.A. of
`Raleigh, North Carolina. The tasks were to analyze the rate filing including the underlying
`catastrophe model, prepare an expert report, assist counsel with identification of the issues, assist
`counsel in preparation for depositions and cross-examinations, and testify at trial
`
`F
`
`Association of Trial Lawyers of America - New Jersey
`
`I was engaged in 2004 by the Association of Trial Lawyers of America - New Jersey as an expert. My
`assignment was to analyze an opposing expert report, gather data and information, and prepare an expert
`report related to two automobile insurance court decisions which interpreted application of the no fault
`threshold. Two years later, I updated my expert report in response to an update by the opposing expert. My
`expert report was to be used if the legislature attempted to create remedial legislation as a result of the two
`decisions. I would have testified before the legislature regarding my findings. No remedial legislation was
`ever introduced.
`
`August 15, 2013
`
`Page 4
`
`Page 00008
`
`
`
`G
`
`New Jersey Automobile Full Insurance Underwriting Association (AFIUA)
`
`I represented Prudential Property & Casualty Insurance Company with New Jersey legislators on the drafting
`of the New Jersey Full Insurance Underwriting Association Act (NJAFIUA) of 1983 which changed the
`residual market mechanism for New Jersey Private Passenger Automobile Insurance. I was assigned as
`company liaison with the Chairman of the Banking and Insurance Committee. I was the actuarial expert
`assigned to the team of legislative assistants and legal representatives of other insurers which drafted the
`legislation. The actuarial framework of the legislation was based on numerous presentations of expected
`outcomes related to differing legislative scenarios. I later served as the chairman of the Actuarial Committee
`for this entity.
`
`H
`
`Liberty Mutual Insurance Company
`
`This case is ongoing. To date expert assistance has been provided to legal counsel Ropes & Gray, LLP for
`Liberty Mutual Insurance Company in the patent case between Progressive Casualty Insurance Company and
`Liberty Mutual Insurance Company. Depositions were taken on April 13, 2013 and May 2, 2013, United
`States Patent and Trademark Office Before the Patent Trial and Appeal Board regarding Liberty Mutual
`Insurance Company, Plaintiff, vs. Progressive Casualty Insurance Insurance Company, Defendant, No.
`CBM2012-00003. Future expert testimony is anticipated.
`
`August 15, 2013
`
`Page 5
`
`Page 00009