No. 23-518

In Re Henry Klein

Lower Court: N/A
Docketed: 2023-11-16
Status: Denied
Type: Paid
Response Waived
Tags: contract-interpretation filed-rate-doctrine group-life-precedent group-life-vs-royal-drug insurance-regulation louisiana-insurance-code risk-spreading state-law-preemption supremacy-clause title-insurance
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Did the Louisiana district court violate the Supremacy Clause of the United States Constitution

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Louisiana district court violate the Supremacy Clause of the United States Constitution by giving higher deference to the Louisiana Insurance Code over Group Life & Health v. Royal Drug Company, 440 U.S. 205 (1979), declaring that title insurance policies were protected by Louisiana law despite the lack of spreading risk as an indispensable characteristic of insurance, and other uncontested flaws? i COMPLIANCE WITH RULE 20.1 This (somewhat brief") Petition for an Extraordinary Writ pursuant to 28 U.S.C. § 1651(a) is justified by the following Rule 20.1 bases: 1] On an action seeking only a declaration that title insurance ... (a) which is retrospective, Gi) —_ protects nothing a futuro, (iii) does not pool claims, (iv) cannot spread risk, (v) is deregulated by state law, and (vi) cannot provide actuarial reports to meet the rigors of the filed-rate doctrine, and (vii) did not meet characteristics of insurance pursuant to Group Life ." the state-court judge DENIED Petitioners' specific requests to enforce Group Life and Congressional Acts 1 Respondents in the Declaratory Judgment Action, Lewis Title Insurance Co., Inc and Liskow & Lewis defended only on the proposition that the Louisiana Insurance Code called title policies "... insurance ...". See, Legislative Ipse Dixits, infra. i as the Supreme Law of the Land, despite the mandate that "... the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding ..." [2] The likelihood is nil that any Louisiana Appellate Court will enforce the Supremacy Clause by a declaration that title policies are not "... contracts of insurance ..." per Group Life, meaning that this Court's 28 U.S.C. § 1257(a) jurisdiction "... where the validity of [the Louisiana Insurance Code] is drawn into question on the ground of its being repugnant to the Constitution ..." will not take place until all Louisiana appeals have been exhausted years from now despite the $49 million daily fleecing of the American consumer. [3] The fact that title insurance: (i) fleeces the American consumer out of $49 million per day is undisputed; (ii) pays less than 4% of premiums collected is undisputed; (iii) agents keep over 80% of premiums is undisputed; (iv) statistician Demotech, Inc., reports the 80%-plus of premiums kept at real estate closings as "... Agent Retention ..." is undisputed. iii [4] Unless this Court grants an Extraordinary Relief pursuant to 28 U.S.C. § 1651(a), no adequate remedy exists and state insurance codes will be"... the law of the land ..." in Louisiana and every state but Iowa, which declared title insurance illegal in 1947’. 2 N.B. Title Insurance: A FLEECING OF AMERICA, Iowa State Bar Association. iv

Docket Entries

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-06
Waiver of right of respondents Lewis Title Company, Inc.; Liskow & Lewis, PLC to respond filed.
2023-11-09

Attorneys

Henry Klein
Henry Luis KleinHenry L. Klein, Petitioner
Henry Luis KleinHenry L. Klein, Petitioner
Lewis Title Company, Inc.; Liskow & Lewis, PLC
Nicholas J. WehlenStone Pigman Walther Wittmann, LLC, Respondent
Nicholas J. WehlenStone Pigman Walther Wittmann, LLC, Respondent