American Insurance Association v. Garamendi, 539 U.S. 396 (2003), was a case in which the Supreme Court of the United States invalidated a California law that required any insurance company wishing to do business in the state to publish information regarding insurance policies held by persons in Europe from 1920 through 1945.[1]
A state statute requiring insurance companies to go public with some of their records in foreign countries in order to "facilitate Holocaust-era insurance claims" by the state's residents is unconstitutional because it interferes with the federal government's sovereignty over foreign affairs.
The Holocaust Victim Insurance Relief Act (HVIRA) was enacted in 1999 by the California State Legislature in "an attempt to facilitate Holocaust-era insurance claims by California residents." The law required that insurance companies in California that sold policies to people in Europe between 1920 and 1945 to go public with the records of their work during that time, "including the names of policy owners and the status of the policies." American Insurance, along with several other insurance companies and trade associations filed suit claiming that the Act exceeded the powers of the State of California since it is the federal government that has the power to regulate commerce and foreign affairs. The District Court ruled in favor of the plaintiffs,[2] however the 9th Circuit Court of Appeals reversed the decision.[3]
Question before the Supreme Court
Does the HVIRA "interfere with the federal government's sovereignty over foreign affairs established by Article 1 of the Constitution?"[4]
Decision of the Court
In a 5–4 decision in favor of American Insurance Association, Justice Souter wrote the majority opinion for the Supreme Court. The Court held that California's HVIRA "interfere with the president's ability to conduct the nation's foreign policy and is therefore preempted."[1]
^ abAmerican Insurance Ass'n v. Garamendi, 539U.S. 396 (2003).
^Gerling Global Reinsurance Corp. of America v. Low, 186 F. Supp. 2d 1099 (E.D. Cal. 2001).
^Gerling Global Reinsurance Corp. of America v. Low, 296 F.3d 832 (9th Cir. 2002).
^"American Ins. Assn. v. Garamendi - 539 U.S. 396 (2003)". Oyez: Chicago-Kent College of Law. Retrieved 29 December 2013.
External links
Text of American Insurance Ass'n v. Garamendi, 539U.S. 396 (2003) is available from:CornellCourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
american, insurance, garamendi, american, insurance, association, garamendi, 2003, case, which, supreme, court, united, states, invalidated, california, that, required, insurance, company, wishing, business, state, publish, information, regarding, insurance, p. American Insurance Association v Garamendi 539 U S 396 2003 was a case in which the Supreme Court of the United States invalidated a California law that required any insurance company wishing to do business in the state to publish information regarding insurance policies held by persons in Europe from 1920 through 1945 1 American Insurance Association v GaramendiSupreme Court of the United StatesArgued April 23 2003Decided June 23 2003Full case nameAmerican Insurance Association v GaramendiCitations539 U S 396 more 123 S Ct 2374 156 L Ed 2d 376 2003 U S LEXIS 4797Case historyPriorMotion for summary judgment denied 186 F Supp 2d 1099 E D Cal 2001 aff d 296 F 3d 832 9th Cir 2002 cert granted 537 U S 1100 2003 SubsequentRehearing denied 539 U S 982 2003 HoldingA state statute requiring insurance companies to go public with some of their records in foreign countries in order to facilitate Holocaust era insurance claims by the state s residents is unconstitutional because it interferes with the federal government s sovereignty over foreign affairs Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionsMajoritySouter joined by Rehnquist O Connor Kennedy BreyerDissentGinsburg joined by Stevens Scalia ThomasLaws appliedU S Const art ICal Ins Code Ann 13800 13807 Holocaust Victim Insurance Relief Act of 1999 Contents 1 Background 2 Question before the Supreme Court 3 Decision of the Court 4 See also 5 References 6 External linksBackground EditThe Holocaust Victim Insurance Relief Act HVIRA was enacted in 1999 by the California State Legislature in an attempt to facilitate Holocaust era insurance claims by California residents The law required that insurance companies in California that sold policies to people in Europe between 1920 and 1945 to go public with the records of their work during that time including the names of policy owners and the status of the policies American Insurance along with several other insurance companies and trade associations filed suit claiming that the Act exceeded the powers of the State of California since it is the federal government that has the power to regulate commerce and foreign affairs The District Court ruled in favor of the plaintiffs 2 however the 9th Circuit Court of Appeals reversed the decision 3 Question before the Supreme Court EditDoes the HVIRA interfere with the federal government s sovereignty over foreign affairs established by Article 1 of the Constitution 4 Decision of the Court EditIn a 5 4 decision in favor of American Insurance Association Justice Souter wrote the majority opinion for the Supreme Court The Court held that California s HVIRA interfere with the president s ability to conduct the nation s foreign policy and is therefore preempted 1 See also EditZschernig v Miller Oregon law with foreign policy implicationsReferences Edit a b American Insurance Ass n v Garamendi 539 U S 396 2003 Gerling Global Reinsurance Corp of America v Low 186 F Supp 2d 1099 E D Cal 2001 Gerling Global Reinsurance Corp of America v Low 296 F 3d 832 9th Cir 2002 American Ins Assn v Garamendi 539 U S 396 2003 Oyez Chicago Kent College of Law Retrieved 29 December 2013 External links EditText of American Insurance Ass n v Garamendi 539 U S 396 2003 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title American Insurance Ass 27n v Garamendi amp oldid 1146641073, wikipedia, wiki, book, books, library,
