- 12 - had the same meaning as unpaid losses in former section 806. The Court of Appeals for the Ninth Circuit reached its ultimate conclusion on the meaning of unpaid losses under former section 806 and construed the language of section 801 merely as support. Making clear its marginal reliance on its interpretation of the language of section 801, the Court of Appeals for the Ninth Circuit in Occidental Life Ins. Co. stated as follows: Although 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, our interpretation of section 801 [now section 816] is nevertheless persuasive in support of the result which we reach. [United States v. Occidental Life Ins. Co., supra at 5-6.] The Court of Appeals for the Ninth Circuit has traditionally accorded statements not necessary to its decision little precedential weight. See, e.g., Export Group v. Reef Indus., Inc., 54 F.3d 1466, 1471-1472 (9th Cir. 1995) (“statements not necessary to the decision” reflect dicta and not binding precedent). The Court of Appeals for the Ninth Circuit's statements and analysis in Occidental Life Ins. Co. do not clearly establish a position on the meaning of the term “unpaid losses” under current section 816 that signals to us an inevitable reversal upon appeal. Therefore, the Golsen rule is not applicable to our resolution of the issue in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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