- 9 - insurance reserves” as used in section 816(c)(2) to define an insurer’s “total reserves” includes accrued unpaid losses on CA&H insurance policies. The Court of Appeals for the Seventh Circuit has concluded it does not. See Harco Holdings, Inc. v. United States, 977 F.2d 1027 (7th Cir. 1992), revg. 754 F. Supp. 130 (N.D. Ill. 1990). The Court of Appeals for the Ninth Circuit has concluded that the term “unpaid losses” did include accrued unpaid losses for purposes of section 806(c), before its repeal by section 2 of the Life Insurance Company Income Tax Act of 1959, Pub. L. 86-69, 73 Stat. 112.3 See United States v. Occidental Life Ins. Co., 385 F.2d 1, 6 (9th Cir. 1967), revg. on this issue 250 F. Supp. 130 (S.D. Cal. 1965). The United States Court of Claims also considered this issue in the context of former section 806(c)'s predecessor. That court reached a conclusion consistent with the view of the Court of Appeals for the Ninth Circuit. See Prudential Ins. Co. v United States, 162 Ct. Cl. 55, 319 F.2d 161, 165-166 (1963). 3 Former sec. 806(c) provided: In the case of a life insurance company writing contracts other than life insurance or annuity contracts (either separately or combined with noncancellable health and accident insurance), the term “adjustment for certain reserves” means an amount equal to 3 1/4 percent of the unearned premiums and unpaid losses on such other contracts which are not included in life insurance reserves * * *.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011