United Parcel Service of America - Page 78




                                       - 63 -                                         

          However, the Court of Appeals limited its holding to the                    
          situation where the bank's decision to transfer the insurance               
          business to the executive was motivated by the good faith belief            
          that it would be illegal for the bank to continue to earn and               
          receive insurance commission income.  See id. at 76.  Therefore,            
          petitioner's ability to rely on Bank of Coushatta depends on                
          whether petitioner's decision to transfer the excess value income           
          to OPL through NUF was motivated by a good faith concern that it            
          was illegal for petitioner to continue to receive the excess                
          value income.  We do not believe that this was petitioner's                 
          purpose.                                                                    
               Mr. Kenneth Johnson, head of petitioner's insurance                    
          department, testified that in the early 1980's he learned that              
          the collision damage waivers offered by the Hertz and Avis rental           
          car companies were being challenged by State insurance regulators           
          as an illegal insurance business and that this caused him to                
          become concerned that petitioner's excess value activity could be           
          viewed by State insurance regulators as engaging in an unlicensed           
          insurance activity.  No State insurance regulators had ever                 
          questioned the legality of petitioner's EVC activity, and Mr.               
          Johnson was not aware that any such questions had ever been                 
          raised with other carriers.  Mr. Johnson testified that, because            
          of his concerns, he had a casual conversation with an                       







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Last modified: May 25, 2011