International Law Outline

Hartford Fire Insurance v. California

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Hartford Fire Insurance v. California – SCOTUS – 1993 (368-72)

  1. London reinsurers only offered insurance to US insurers if they changed their forms accordingly. Does US antitrust law govern British reinsurers giving reinsurance in London relating to US insurers?

    1. Parliament has created COMPREHENSIVE regulatory regime over reinsurers

  2. SOUTER Majority – clearly has jurisdiction.

    1. Question is now – conflict of domestic law/foreign law which counsel restraining from exercising jurisdiction because of comity

    2. Only thing that matters is London reinsurers aren’t REQUIRED by British law to do anything against American law.

    3. Professor Damm – argues that four ways to resolve these conflicts:

      1. Persuasion (make the other jx change laws to fit with US)

      2. Negotiation

      3. Threaten sanctions

      4. Impose American law (argues that’s what’s happening here)

  3. SCALIA Dissent

    1. Two questions – jurisdiction AND reach of Sherman Act

      1. Limits on “jurisdiction to prescribe” – CANONS:

        1. Legislation meant to apply w/I territory (unless other intent shown)

        2. Construed not to violate law of nations if any other construction remains.

    2. PRESCRIPTIVE COMITY – have to respect other sovereigns

      1. Just because you have some BASIS for jurisdiction, doesn’t mean you shouldn’t refrain when it would be UNREASONABLE


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