Legal Opinion

Symetra Life Ins. Co. v. Rapid Settlements, Ltd.

Court of Appeals for the Fifth Circuit

Decided May 11, 2009No. 08-20248PublishedCited by 6 opinions

1Per curiam

For essentially the reasons stated by the district court, 1 we AFFIRM.

In so holding, we join numerous state and federal courts concluding that a sham arbitration cannot be used as a device to bring about an otherwise unlawful transfer. 2 To hold otherwise would be to sanction easy invalidation of a wide range of state policies. Arbitral powers do not extend beyond the substantive capacity of the party agreeing to arbitration, and neither Prima Paint nor any other Supreme Court case teaches to the contrary. And on matters of insurance regulation, the congressional message of the Federal…

2Cases cited2 opinions

  1. Allstate Settlement Corp. v. Rapid Settlements, Ltd.Court of Appeals for the Third Circuit · 2009
  2. Symetra Life Insurance v. Rapid Settlements, Ltd.District Court, S.D. Texas · 2008

3Cited by6 opinions

  1. Benny Saucier v. Aviva Life and Annuity CompanyCourt of Appeals for the Fifth Circuit · 2012
  2. Symetra Life Insurance v. Rapid Settlements, Ltd.District Court, S.D. Texas · 2009
  3. Transfer of Structured Settlement Payment Rights ex rel. Saucier v. SaucierCourt of Appeals of Mississippi · 2013
  4. In Re A Transfer Of Structured Settlement Payment Rights By Laurel J. ShanksCourt of Appeals of Tennessee · 2014
  5. Linton v. Access FundingCourt of Special Appeals of Maryland · 2022

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API