Central Reserve Life Corporation and Subsidiaries - Page 20




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          “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).                                                  





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