- 20 - “unpaid losses” for purposes of section 816(c)(2). In Occidental Life Ins. Co., the Court of Appeals for the Ninth Circuit was asked to decide whether the use of the term “unpaid losses” in former section 806(c) included accrued unpaid losses. The Court of Appeals for the Ninth Circuit held it did. The parties in that case had stipulated that the term had the same meaning in former sections 801 and 806(c), and the court construed section 816's predecessor (former section 801) merely as support for its ultimate conclusion. See Occidental Life Ins. Co. v. United States, supra at 5. The court stated that the term “unpaid losses” in former section 801 included accrued unpaid losses.6 See id. at 6. The court reasoned that most unaccrued unpaid losses fall within the meaning of “life insurance reserves” for purposes of former section 801(a)(1), (b), and (c)(1), and that the reference to “unpaid losses” in former section 801(a)(2) and (c)(2) would be meaningless were the term not to include both accrued and unaccrued unpaid losses. Id. The Court of Appeals for the Seventh Circuit noted that this rationale of the Court of Appeals for the Ninth Circuit was based 6 In this regard, the Court of Appeals for the Ninth Circuit's analysis of the subject term under former sec. 801 was dicta. The court acknowledged as much when it stated that “an examination of section 801 along these comparative lines is not required for a conclusion as to the meaning of 'unpaid losses' in section 806". Occidental Life Ins. Co. v. United States, 385 F.2d 1, 5 (9th Cir. 1967).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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