United Parcel Service of America - Page 92




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               Assuming that petitioner's excess value activity might have            
          been considered "insurance" subject to regulation under various             
          State laws, petitioner's "restructured" method of handling EVC's            
          would also seem to violate State laws.  For example, in some                
          States the sale or solicitation of insurance without                        
          authorization is a violation of State statutes.  See, e.g., Cal.            
          Ins. Code sec. 700 (West 1993);36 N.Y. Ins. Law sec. 109(a)                 


               36Cal. Ins. Code sec. 700 (West 1993) provides:                        
               �700.  Admittance required; penalties; compliance; hearings;           
               issuance of certificate                                                
                    (a) A person shall not transact any class of                      
               insurance business in this state without first being                   
               admitted for that class.  Admission is secured by                      
               procuring a certificate of authority from the                          
               commissioner.  The certificate shall not be granted                    
               until the applicant conforms to the requirements of                    
               this code and of the laws of this state prerequisite to                
               its issue.                                                             
                    (b) The unlawful transaction of insurance business                
               in this state in willful violation of the requirement                  
               for a certificate of authority is a public offense                     
               punishable by imprisonment in the state prison, or in a                
               county jail not exceeding one year, or by fine not                     
               exceeding one hundred thousand dollars ($100,000), or                  
               by both, and shall be enjoined by a court of competent                 
               jurisdiction on petition of the commissioner.                          
          Cal. Ins. Code sec. 35 (West 1993) provides:                                
               �35.  Transact                                                         
                    "Transact" as applied to insurance includes any of                
               the following:                                                         
                    (a) Solicitation.                                                 
                                                             (continued...)           




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