Metrocorp, Inc. - Page 43




                                       - 43 -                                         
          majority opinion, the exit fee paid by Metrobank was for                    
          insurance coverage that Community’s deposit liabilities had                 
          received before Metrobank acquired Community’s assets and assumed           
          its liabilities.8  Nevertheless, the majority concludes that                
          “Metrobank paid the exit fee to the SAIF as a nonrefundable,                
          final premium for insurance that it had already received.”                  
          Majority op. p.20.  (Emphasis added.)  Of course, if the exit fee           
          was paid for insurance that Metrobank had already received, it              
          would follow that there was no significant future benefit.                  
          However, the majority’s conclusion that the exit fee was a                  
          “premium” for insurance coverage that Metrobank had already                 
          received from the SAIF is clearly wrong.                                    
               Metrobank never received any “insurance” benefit from the              
          SAIF.  Any SAIF insurance benefit was derived prior to                      
          Metrobank’s acquisition of Community’s assets.  Indeed, the                 
          majority acknowledges that “Metrobank was not affiliated with the           
          SAIF either before or after the transaction” whereby it acquired            
          Community’s assets and liabilities.  Majority op. p. 21.                    
          Metrobank would have no reason to pay for “insurance” coverage on           
          deposits for a period prior to its acquisition of those deposits.           

               7(...continued)                                                        
          Oct. 31, 1993, 1994, and 1995.                                              
               8It is ironic that the majority relies on this theory that             
          petitioner never argued.  Petitioner argued that the exit fee               
          paid to the SAIF was for insurance coverage that it received                
          during the years in issue.  The majority correctly recognizes               
          that Metrobank was not insured by the SAIF during those years.              




Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011