Legal Opinion

Garcia v. Island Program Designer, Inc.

District Court, D. Puerto Rico

Decided April 21, 1992No. Civ. 91-1679 (GG)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

GIERBOLINI, Chief Judge.

This case requires us to rule on the issue of whether the liquidation proceedings of an insurance company initiated in the Superior Court of Puerto Rico by the Insurance Commissioner in his official capacity, qualifies as “business of insurance” as defined under the McCarran-Ferguson Act. 1 We also need to decide if under the McCarran-Ferguson Act, the Puerto Rico Insurance Code 2 takes precedence over the federal super-priority statute. 3

Procedurally, the case is before us pursuant to a motion to remand filed by the Commissioner after the Internal…

2Cases cited10 opinions

  1. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  2. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  3. Group Life & Health Insurance v. Royal Drug Co.Supreme Court of the United States · 1979
  4. Union Labor Life Insurance v. PirenoSupreme Court of the United States · 1982
  5. Gerald Grimes v. Crown Life Insurance CompanyCourt of Appeals for the Tenth Circuit · 1988

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mercado-Boneta v. Administracion Del Fondo De Compensacion Al Paciente Ex Rel. Insurance CommissionerCourt of Appeals for the First Circuit · 1997
  2. Garcia v. Island Program Designer, Inc.Court of Appeals for the First Circuit · 1993
  3. Advanced Cellular Systems, Inc. v. Mayol (In Re Advanced Cellular Systems, Inc.)United States Bankruptcy Court, D. Puerto Rico · 1999
  4. Garcia v. Island Program Designer, Inc.District Court, D. Puerto Rico · 1994

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