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← 352 B.R. 288 - In Re Fahey

In Re Fahey’s Empirical Analysis

2006

Citation profile

3
cited by 3 later decisions
February 2017
most recently cited

1 district ·

Relationships

Applies 11 U.S.C. § 522

Relies on Farmers Group, Inc. v. Williams · Supreme Council of Royal Arcanum v. Behrend · Citizens for Responsible Government State Political Action Committee v. Donetta Davidson · Hall v. Walter · Klinger v. Adams County School District No. 50

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “By the early 1900’s, labor unions had established mutual benefit societies in order to provide their members’ families with death benefits. In response, large employers sought to obtain group life insurance policies that provided coverage for their employees. Insurance companies that attempted to meet this need were hampered by various state laws or regulations that prevented issuing insurance without a medical examination or prevented issuing insurance for a group at a lower premium rate than that charged for individual term insurance. In 1917, the National Convention of Insurance Commissioners (“NCIC”) formed a committee to study the matter and to establish uniform standards for group life insurance. At the 1918 NCIC Session, held in Denver, the committee presented its report, which was adopted without any remarks. The committee report set forth proposed standard statutory language defining group life insurance and requiring policies to contain certain provisions. The report also included proposed statutory language that was intended to exempt the proceeds of group life insurance policies. The proposed exemption included the phrase “when paid to any employee or employees thereunder.” See Proceedings of the 49th Session (Nat’l Convention of Ins. Comm’rs), Sept. 10-13,1918, at 29.”
    1 later decision quote this exact passage
  2. “No policy of group insurance, nor the proceeds thereof, when paid to any employee thereunder, shall be liable to attachment, garnishment, or other process, or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law, to pay any debt or liability of such employee, or his beneficiary, or any other person who may have a right thereunder, either before or after payment, nor shall the proceeds thereof, where not made payable to a named beneficiary, constitute a part of the estate of the employee for the payment of his debts.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.