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American Insurance Association vs. Garamendi [Dissenting, GINSBURG, STEVENS, SCALIA & THOMAS ]

AMERICAN INSURANCE ASSOCIATION ET AL. vs. GARAMENDI, INSURANCE COMMISSIONER, STATE OF CALIFORNIA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 02-722 | 2003-06-23

JUSTICE GINSBURG, with whom JUSTICE STEVENS, JUSTICE SCALIA, and JUSTICE THOMAS join, dissenting.
 
Responding to Holocaust victims' and their descendents' long-frustrated efforts to collect unpaid insurance proceeds, California's Holocaust Victim Insurance Relief Act of 1999 (HVIRA), Cal. Ins. Code Ann. § 13800 et seq. (West Cum. Supp. 2003), requires insurance companies operating in the State to disclose certain information about insurance policies they or their affiliates wrote in Europe between 1920 and 1945. In recent years, the Executive Branch of the Federal Government has become more visible in this...