United States National Bank v. Independent Insurance Agents of America, Inc.

508 U.S. 439, 113 S. Ct. 2173, 124 L. Ed. 2d 402, 1993 U.S. LEXIS 3863
Supreme Court of the United States·Decided June 7, 1993·No. 92-484·Published·Cited by 1,138 cases

Opinion

Justice Souter

delivered the opinion of the Court.

The Comptroller of the Currency recently relied on a statutory provision enacted in 1916 to permit national banks located in small communities to sell insurance to customers outside those communities. These cases present the unlikely question whether Congress repealed that provision in 1918. We hold that no repeal occurred.

I

Almost 80 years ago, Congress authorized any national bank “doing business in any place the population of which does not exceed five thousand inhabitants ... [to] act as the agent for any fire, life, or other insurance company.” Act of Sept. 7, 1916, 39 Stat. 753. In the first compilation of the United States Code, this provision appeared as section 92 of Title 12. See 12 U. S. C. § 92 (1926 ed.); see also United States Code editions of 1934, 1940, and 1946. The 1952 edition of the Code, however, omitted the insurance provision, with a note indicating that Congress had repealed it *442 in 1918. 1 See 12 U. S. C. § 92 (1952 ed.) (note). Though the provision has also been left out of the subsequent editions of the United States Code, including the current one (each containing in substance the same note that appeared in 1952, see United States Code editions of 1958, 1964, 1970, 1976, 1982, and 1988), the parties refer to it as “section 92,” and so will we.

Despite the absence of section 92 from the Code, Congress has assumed that it remains in force, on one occasion actually-amending it. See Gam-St. Germain Depository Institutions Act of 1982, § 403(b), 96 Stat. 1511; see also Competitive Equality Banking Act of 1987, § 201(b)(5), 101 Stat. 583 (imposing a 1-year moratorium on section 92 activities). The regulators concerned with the provision’s subject, the Comptroller of the Currency and the Federal Reserve Board, have likewise acted on the understanding that section 92 remains *443 the law, see Brief for Federal Petitioners in No. 92-507, pp. 31-32; Brief for Petitioner in No. 92-484, pp. 26-28, and indeed it was a ruling by the Comptroller relying on section 92 that precipitated these cases. 2

The ruling came on a request by United States National Bank of Oregon (Bank), a national bank with its principal place of business in Portland, Oregon, to sell insurance through its branch in Banks, Oregon (population: 489), to customers nationwide. The Comptroller approved the request in 1986, interpreting section 92 to permit national bank branches located in communities with populations not exceeding 5,000 to sell insurance to customers not only inside but also outside those communities. See App. to Pet. for Cert, in No. 92-507, pp. 74a-79a. The Bank is the petitioner in the first of the cases we decide today; the Comptroller of the Currency, the Office of the Comptroller of the Currency, and the United States are the petitioners in the other.

Respondents in both cases are various trade organizations representing insurance agents. They challenged the Comptroller’s decision in the United States District Court for the District of Columbia, claiming the Comptroller’s ruling to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” under the Administrative Procedure Act (APA), 5 U. S. C. § 706(2)(A). Respondents argued, *444 among other things, that the ruling was inconsistent with section 92, which respondents maintained permits national banks located in small communities to sell insurance only to customers in those communities. The District Court disagreed and granted summary judgment for the federal parties and the Bank, a defendant-intervenor, on the ground that the Comptroller’s interpretation was “rational and consistent with [section 92].” National Assn. of Life Underwriters v. Clarke, 736 F. Supp. 1162, 1173 (1990) (internal quotation marks and citation omitted). The District Court thought it “worth noting that this section no longer appears in the United States Code” as it “apparently was inadvertently repealed” in 1918; but because Congress, the Comptroller, and other courts have presumed its continuing validity, the court was content to assume that the provision exists “in proprio vigore,” meaning, we take it, of its own force. Id., at 1163, n. 2.

Respondents had not asked the District Court to rule that section 92 no longer existed, and they took the same tack before the Court of Appeals for the District of Columbia Circuit, merely noting in their opening brief that section 92 may have been repealed in 1918 and then stating that all the relevant players had assumed its validity. The Court of Appeals, nevertheless, directed the parties to be prepared to address the status of section 92 at oral argument, and after oral argument (at which respondents’ counsel declined to argue that the provision was no longer in force) ordered supplemental briefing on the issue. In their supplemental brief, respondents urged the court to decide the question, but took no position on whether section 92 was valid law. The Court of Appeals did decide the issue, reversing the District Court’s decision and remanding with instructions to enter judgment for respondents. The court found first that, though the parties had not on their own questioned the validity of section 92, the court had a “duty” to do so, Independent *445 Ins. Agents of America, Inc. v. Clarke, 293 U. S. App. D. C. 403, 406, 955 F. 2d 731, 734 (1992); and, second, that the relevant statutes, “traditionally construed,” demonstrate that Congress repealed section 92 in 1918, id., at 407, 955 F. 2d, at 735. Judge Silberman, dissenting, would have affirmed without addressing the validity of section 92, an issue he thought was not properly before the court. Id., at 413-416, 955 F. 2d, at 741-744. The Court of Appeals denied respondents’ suggestion for rehearing en banc, with several judges filing separate statements. See 296 U. S. App. D. C. 115, 965 F. 2d 1077 (1992).

The Bank and the federal parties separately petitioned for certiorari, both petitions presenting the question whether section 92 remains in force and the Bank presenting the additional question whether the Court of Appeals properly addressed the issue. Because of a conflict on the important question whether section 92 is valid law, see American Land Title Assn. v. Clarke, 968 F. 2d 150, 151-154 (CA2 1992), cert. pending, Nos. 92-482, 92-645, we granted the petitions. 506 U. S. 1032 (1992). We now reverse.

II

Free access — add to your briefcase to read the full text and ask questions with AI

United States National Bank v. Independent Insurance Agents of America, Inc., 508 U.S. 439, 113 S. Ct. 2173, 124 L. Ed. 2d 402, 1993 U.S. LEXIS 3863 (1993).

508 U.S. 439 (United States National Bank v. Independent Insurance Agents of America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Irma Ovalles v. United States
Eleventh Circuit, 2018
Responsibility v. Fed. Election Comm'n
892 F.3d 434 (D.C. Circuit, 2018)
United States v. Michael Palmer
854 F.3d 39 (D.C. Circuit, 2017)
Potrero Hills Landfill, Inc. v. County of Solano
868 F. Supp. 2d 1007 (E.D. California, 2012)
Resnik v. Woertz
774 F. Supp. 2d 614 (D. Delaware, 2011)
Benjamin Feld, Larry Feld, And Judith Feld Vs. Luke Borkowski
790 N.W.2d 72 (Supreme Court of Iowa, 2010)
Serdarevic v. Centex Homes, LLC
760 F. Supp. 2d 322 (S.D. New York, 2010)
World Properties, Inc. v. Arlon, Inc.
663 F. Supp. 2d 98 (D. Connecticut, 2009)
Kline v. Mortgage Electronic Security Systems
659 F. Supp. 2d 940 (S.D. Ohio, 2009)
Watson v. United States
979 A.2d 1254 (District of Columbia Court of Appeals, 2009)
Dean v. Corrections Corporation of America
540 F. Supp. 2d 691 (N.D. Mississippi, 2008)
O'MAHONY v. Accenture Ltd.
537 F. Supp. 2d 506 (S.D. New York, 2008)
Anthony v. United States
935 A.2d 275 (District of Columbia Court of Appeals, 2007)
United States v. Diallo
476 F. Supp. 2d 497 (W.D. Pennsylvania, 2007)
United States v. Boesen
473 F. Supp. 2d 932 (S.D. Iowa, 2007)