Home Warranty Corporation v. Johnnie L. Caldwell, Insurance Commissioner of the State of Georgia, Defendant

HILL, Circuit Judge:

INTRODUCTION

These facts show how rare and difficult it

is rationally and logically to com bine all the several parts of legisla tion. 1

We review the district court’s construction of a recent federal statute, The Product Liability Risk Retention Act of 1981. 2 Most immediately at issue is the validity of an insurance marketing enterprise with outstanding insurance contracts valued at $70,000,000,000. Our decision also inevitably implicates the balance of state and federal power in the regulation of insurance sales.

The question presented is whether an insurance organization…