American Insurance Association V. Garamendi
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American Insurance Association V. Garamendi
'' 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.. Background 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 ...
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9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . T ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that m ...
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American Insurance Association
The American Insurance Association (AIA) is an insurance industry trade association representing about 300 insurance companies that provide property insurance and/or casualty insurance in the United States. Founded in 1866 as the National Board of Fire Underwriters (NBFU), it consolidated with two other associations, the AIA and the Association of Casualty and Surety Companies, to form the current organization. The AIA is legally incorporated as a tax-exempt organization under Section 501(c)(6) of the US Internal Revenue Code (Title 26 of the United States Code) and has IRS Employer Identification Number 133173374. It is based in Washington, D.C. The organization’s activities include lobbying local, state, and federal policymakers on behalf of its members; republishing and analyzing recent legislation and regulatory agency rulemaking to determine and communicate to members potential impacts on their business operations; engaging in public relations on behalf of the propert ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ...
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California State Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California state legislature is one of just ten full-time state legislatures in the United States. The houses are distinguished by the colors of the carpet and trim of each house. The Senate is distinguished by red and the Assembly by the color green, inspired by the House of Lords and House of Commons respectively. The Democratic Party currently holds veto-proof supermajorities in both houses of the California State Legislature. The Assembly consists of 60 Democrats and 19 Republicans, with one independent, while the Senate is composed of 31 Democrats and 9 Republicans. Except for a brief period from 1995 to 1996, the Assembly has been in Democratic hands since the 1970 ...
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Insurance Policy
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language. Insurance contracts are designed to meet specific needs and thus have many features not found in many other types of contracts. Since insurance policies are standard forms, they feature boilerplate language which is similar across a wide variety of different types of insurance policies. Available through HeinOnline. The insurance policy is generally an integrated contract, meaning that it includes all forms associated with the agreement between the insured and insurer.Wollner KS. (1999). How to Draft and Interpret Insurance Policies. Casualty Risk Publishing LLC. In some cases, however, supplementary writings such as letters sent afte ...
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Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. Comprising the westernmost peninsulas of Eurasia, it shares the continental landmass of Afro-Eurasia with both Africa and Asia. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south and Asia to the east. Europe is commonly considered to be separated from Asia by the watershed of the Ural Mountains, the Ural River, the Caspian Sea, the Greater Caucasus, the Black Sea and the waterways of the Turkish Straits. "Europe" (pp. 68–69); "Asia" (pp. 90–91): "A commonly accepted division between Asia and Europe ... is formed by the Ural Mountains, Ural River, Caspian Sea, Caucasus Mountains, and the Black Sea wit ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ...
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Justice Souter
David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts. Souter grew up in Massachusetts and New Hampshire and attended Harvard College, Magdalen College, Oxford, and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor (1966–1968) in the New Hampshire Attorney General's office (1968–1976), as the attorney general of New Hampshire (1976–1978), as an associate justice of the Superior Court of New Hampshire (1978–1983), as an associate justice of the New Hampshire Supreme Court (1983–1990), and briefly as a judge of the United States Court of Appeals for the First Circuit (1990). Souter was nominated to the Supreme ...
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Insurance In The United States
Insurance in the United States refers to the market for risk in the United States, the world's largest insurance market by premium volume. According to Swiss Re, of the $6.287 trillion of global direct premiums written worldwide in 2020, $2.530 trillion (40.3%) were written in the United States. Insurance, generally, is a contract in which the insurer agrees to compensate or indemnify another party (the insured, the policyholder or a beneficiary) for specified loss or damage to a specified thing (e.g., an item, property or life) from certain perils or risks in exchange for a fee (the insurance premium). For example, a property insurance company may agree to bear the risk that a particular piece of property (e.g., a car or a house) may suffer a specific type or types of damage or loss during a certain period of time in exchange for a fee from the policyholder who would otherwise be responsible for that damage or loss. That agreement takes the form of an insurance policy. Histo ...
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The Holocaust And The United States
A neutral state, the United States entered the war on the Allied side in December 1941. The American government first became aware of the Holocaust in German-occupied Europe in 1942 and 1943. Following a report on the failure to assist the Jewish people by the Department of State, the War Refugee Board was created in 1944 to assist refugees from the Nazis. As one of the most powerful Allied states, the United States played a major role in the military defeat of Nazi Germany and the subsequent Nuremberg trials. The Holocaust saw increased awareness in the 1970s that instilled its prominence in the collective memory of the American people continuing to the present day. The United States has been criticized for taking insufficient action in response to the Jewish refugee crisis in the 1930s and the Holocaust during World War II. Background In 1924, the Johnson-Reed Act was passed, limiting immigration to the United States. In July 1938, the United States initiated the Évian Confer ...
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