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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
Civil No. 3106 Filed: October 23 1963 UNITED STATES OF AMERICA Plaintiff,
v. ASSOCIATION OF CASUALTY AND SURETY COMPANIES; AMERICAN MUTUAL INSURANCE
ALLIANCE; and NATIONAL ASSOCIATION OF MUTUAL CASUALTY COMPANIES, Defendants.
COMPLAINT The United States of America, by its attorneys, acting under
the direction of the Attorney General of the United States, brings this
civil action to obtain equitable relief against the above named defendants,
and complains and alleges as follows:
- JURISDICTION AND
VENUE
- This complaint
is filed and these proceedings are instituted under Section 4 of
the Act of Congress of July 2, 1890, c. 647, 26 Stat. 209 (15 U.S.C.
4), as amended, entitled "An Act to protect trade and commerce
against unlawful restraints and monopolies," commonly known
as the Sherman Act, in order to prevent and restrain continuing
violations by the defendants, as hereinafter alleged, of Sections
1 and 3 of the Sherman Act.
- The defendant
Association of Casualty and Surety Companies transacts business
and is found within the Southern District of New York.
- DEFINITIONS
- As used herein:
(a) "Member Companies" shall be deemed to mean member
companies of any of the defendant association; (b) "Automobile"
shall be deemed to mean a self-propelled vehicle used for the transportation
of persons or property on the highway; c) "Automobile property
damage liability insurance" shall be deemed to mean insurance
against loss arising out of the insured’s legal liability for damages
to the property of others resulting from the ownership, maintenance
or use of an automobile; (d) "Automobile physical damage insurance"
shall be deemed to mean insurance covering damages or loss to the
automobile of the insured resulting from collision, fire, theft,
and other perils; (e) "Automobile property insurance"
shall be deemed to mean automobile property damage liability insurance
and automobile physical damage insurance; (f) "Direct premiums
earned" shall be deemed to mean that part of the premiums applicable
to the expired part of the policy; (g) "Direct losses incurred"
shall be deemed to mean the amount of loss paid and outstanding;
(h) "Insured" shall be deemed to mean the party to whom
or on behalf of whom the insurer agrees to pay losses under the
insurance contract; (I) "Insurer" shall be deemed to mean
the party to the insurance contract who promises to pay losses;
(j) "Adjustment" shall be deemed to mean the process to
determine the amount payable by the insurer to an insured or other
claimant under the insurance contract, and the rights and obligations
incident thereto; (k) "Settlement" shall be deemed to
mean the discharge of an obligation of an insurer to an insured
or other claimant under an insurance contract as determined by adjustment
of a claim; (l) "Adjuster" shall be deemed to mean a person
or firm who represents the insurer in the adjustment and settlement
of claims with insureds or other claimants; (m) "Automobile
material damage" shall be deemed to mean any damage to an automobile
resulting from collision, fire, or other perils for which automobile
property insurance is available; (n) "Repair Shop" shall
be deemed to mean a person or firm engaged in automobile material
damage repair; (o) "Agreed price" shall be deemed to mean
a commitment by a repair shop to undertake to complete and guarantee
automobile material damage repairs in consideration of the amount
of an appraiser’s estimate.
- DEFENDANTS
- Associations
of Casualty and Surety Companies (hereinafter referred to as "ACSC"),
which maintains its principal office at 110 William Street, New
York, New York, is made a defendant herein. ASCS in an unincorporated
trade association whose membership is composed of 133 stock insurance
companies doing business in the United States.
- American Mutual
Insurance Alliance (hereinafter referred to "AMIA"), a
corporation organized and existing under the laws of the State of
Illinois, with its principal office at 20 North Wacker Drive, Chicago,
Illinois, is made a defendant herein. AMIA is a trade association
whose membership is composed of 106 mutual insurance companies doing
business in the United States.
- National Association
of Mutual Casualty Companies (hereinafter referred to as "NAMCC"),
a corporation organized and existing under the laws of the State
of Illinois, with its principal office at 20 North Wacker Drive,
Chicago, Illinois, is made a defendant herein. NAMCC is a trade
association whose membership is composed of 26 mutual insurance
companies doing business in the United States. All members of the
NAMCC which write automobile property insurance are members also
of AMIA.
- CO-CONSPIRATORS
- Various other
persons, firms, organizations and corporations, including but not
limited to member companies, sponsored appraisers, and repair shops,
not made defendants herein have participated as co-conspirators
with the defendants in the offense hereinafter charged and performed
acts and have made statements in furtherance thereof.
- NATURE OF TRADE
AND COMMERCE
- An important
branch of the insurance industry is automobile property insurance,
which provides coverage for property losses arising out of the ownership
or use of automobiles. This coverage is provided by two types of
insurance: Automobile property damage liability insurance and automobile
physical damage insurance.
- Total direct
premiums earned in the United States by all insurance companies
in 1960 for automobile property insurance amounted to approximately
$3,327,815,566. Of the total direct premiums earned in 1960, member
companies accounted for approximately 35.5 percent, or approximately
$1,183,642,376. Total direct losses incurred in the United States
in 1960 by all insurance companies under automobile property insurance
amounted to approximately $1,787,276,826. Of the total direct losses
incurred in 1960, member companies accounted for approximately 35.2
percent, or $627,948,160.
- Automobile
property insurance is sold by insurance companies, including member
companies, throughout the United States, and in the District of
Columbia, by the issuance of an insurance contract, commonly called
a policy, in exchange for an amount of money, commonly called premiums.
The automobile property insurance business involves a continuous
and indivisible stream of intercourse among states composed of collections
of premiums, payment of policy obligations, and documents and communications
essential to the negotiation and execution of policy contracts and
the adjustment and settlement of claims.
- A vital phase
of the automobile property insurance business is the adjustment
and settlement of claims. A great majority of the claims under
automobile property insurance policies are for automobile material
damage. It is the general practice for member companies to employ
a claim representative, commonly known as a claim manager, to supervise
and be responsible for the adjustment and settlement of claims,
including those under automobile property insurance, arising in
the territory assigned to him. An integral part of the process
of adjustment and settlement of claims arising under automobile
property insurance is determining the cost of repairing the damaged
automobiles. One way of accomplishing this is for the claim manager
or adjuster to engage an appraiser to prepare an estimate of the
repair cost.
- An appraiser
operates by examining the damaged automobile to determine the damage
covered by automobile property insurance, the repairs that must
be made, the time it will take to make them and thereafter securing
an agreed price from a repair shop. The agreed price is transmitted
by the appraiser to the claim manager or adjuster, and is used as
a basis for adjusting and settling the claim. The process of adjustment
and settlement of claims includes a continual transmission to and
from and between home offices of insurance companies, claim managers,
adjusters, appraisers, and claimants located in different states
of the United States and the District of Columbia of claim forms,
statements, reports, directives, checks and drafts, documents and
communications of various kinds, all of which are essential to the
adjustment and settlement of claims.
- A major part
of direct losses incurred under automobile property insurance is
attributable to automobile material damage repair cost; and a major
part of the automobile material damage repair business is the repair
of automobile damage covered by automobile property insurance.
The automobile material damage repair business consists of the repair
and replacement of automobile parts and is engaged in by repair
shops located in all states of the United States and District of
Columbia. The price charged by repair shops for automobile material
damage repairs consists of a labor charge, which is an hourly rate
applied to the time taken to repair or replace parts, and a parts
charge for any parts which are used to replace damaged parts on
the automobile. Automobile parts are manufactured by automobile
manufacturers and others in plants located in various states of
the United States and are sold and shipped by them to jobbers, wholesalers
and dealers located in the District of Columbia and states other
than the states in which they were manufactured for resale to repair
shops for sale and use in the repair of damaged automobiles.
- BACKGROUND OF
THE CONSPIRACY
- The ACSC has
had for many years a committee known as the Advisory Committee of
the Claims Bureau, sometimes referred to as the Claims Bureau Advisory
Committee, which is composed of approximately 18 claims executives
of member companies. The NAMCC has had for many years a committee
known as the Claims Executive Committee which is composed of approximately
8 claims executives of member companies. It was and is the function
of these committees to consider on behalf of their respective associations
policies and programs relating to claims administration. An additional
function of the Advisory Committee of the Claims Bureau of the ACSC
is to supervise the operations of and formulate policies for the
Claims Bureau, a department of the ACSC. The Claims Bureau, which
has a large administrative staff, maintains its headquarters at
110 William Street, New York, New York, and also has several regional
offices located throughout the United States. The function of the
Claims Bureau is to aid in claims administration.
- Beginning
in or about 1940, the Advisory Committee of the Claims Bureau of
the ACSC and the Claims Executive Committee of the NAMCC began to
hold joint meetings. These meetings were soon formalized into regular
joint sessions and the group became known as the Joint Claims Committee
and later the Combined Claims Committee (hereinafter referred to
as "CCC"). These two committees were designated by their
respective defendant associations to represent the interest of member
companies on the CCC. The purpose and function of the CCC was and
is to provide a common forum to consider policies and programs relating
to claims administration. In 1962, by resolution of the governing
boards of the defendants, the Claims Executive Committee of the
NAMCC was designated to represent AMIA on the CCC.
- On March 12,
1942 the CCC passed a resolution which provided for the organization
of Casualty Insurance Claim Managers’ Councils (hereinafter referred
to as "Councils") in various areas of the United States
to act as sub-committees of and under the direction and control
of the CCC, then known as the Joint Claims Committee. These Councils
are each chartered by the CCC. Each Council’s membership is composed
of those member companies which have a full time, salaried claim
representative in the area under the Council’s jurisdiction. The
primary purpose and function of the Councils are to permit field
claim managers of member companies to consider local problems of
claims administration, including those arising under automobile
property insurance. At the present time there are approximately
80 Councils located throughout the United States, including the
District of Columbia.
- In the Fall
of 1946, the Pittsburgh, Pennsylvania Council met to consider what
collective action might be taken by its members to depress and control
automobile material damage repair costs in the Pittsburgh area.
In March 1947, the Pittsburgh Council adopted a program subsequently
known as the Independent Appraisal Plan (hereinafter referred to
as the "Plan"), intended to depress and control automobile
material damage repair cost.
The CCC in December 1948 and again in July 1949 formally adopted
the Plan and since that time has sponsored it and actively promoted
its expansion and use. Since its inception the Plan, under the
supervision and direction of the CCC, and administered by the Claims
Bureau of the ACSC and the Councils, has become a nationwide operation.
By the end of 1961, it was in effect in 177 localities throughout
the United States, including the District of Columbia. The CCC
requires uniformity in the operation of the Plan throughout the
United States.
- Under the
Plan, a Council in collaboration with the CCC, selects and sponsors
an individual or partnership to act as appraiser to make determinations
of automobile material damage costs for use in the adjustment and
settlement of claims. Prior to the selection of a sponsored appraiser,
Council members are instructed to submit to the Council the volume
of business they anticipate giving the appraiser in the area for
which he is to be sponsored. The sponsored appraiser is required
to employ sufficient personnel to handle any volume of appraisal
business in his territory. Most such appraisers have several employees.
The sponsored appraiser is required to confine his operations to
the territory for which he is sponsored by the council or CCC.
The fees which the sponsoring appraiser charges are subject to the
approval of the sponsoring Council or CCC. The sponsored appraiser
is required to conform his operations to the principles of the Plan
and to assure his compliance, his operations are supervised and
controlled by the sponsoring Council and the Claims Bureau on behalf
of the CCC. The Plan calls for exclusive use of the sponsored appraisers
by member companies and the sponsored appraiser is urged to solicit
business from others in order to increase the effectiveness of the
Plan.
- Included among
the means used under the Plan to control and depress automobile
material damage repair costs are the following: (1) to repair rather
than replace damaged parts; (2) to replaced damaged parts by used
rather than new parts; (3) to obtain discounts on new replacement
parts; (4) to establish strict labor time allowances by the sponsored
appraisers; and (5) to obtain the lowest possible hourly labor rate.
- The Plan calls
for the sponsored appraiser to arrange for a number of repair shops
to agree to make automobile material damage repairs based upon his
estimate without the repair shop first examining the damaged automobile.
In those situations in which the damaged automobile is not already
in the possession of a repair shop, the sponsored appraiser will
recommend any of these repair shops to the adjuster or claim manager.
In those instances where a particular repair shop in which the damaged
automobile is located will not agree to make repairs based upon
the sponsored appraiser’s estimate, the Plan provides that the sponsored
appraiser shall inform the adjuster or claim manager of the names
of those repair shops which will accept his estimate and that the
adjuster or claim manager will then, when possible, have the damaged
automobile repaired by one of the repair shops which have agreed
to accept the sponsored appraiser’s estimate. It is seldom that
a claim is settled at a higher figure than the sponsored appraiser’s
estimate.
- The nationwide
application of the Plan involves a continuous intercourse among
the states composed of memoranda, correspondence, directives and
other communications to and from and between the CCC, defendants,
Claims Bureau, member companies, Councils and sponsored appraisers.
- OFFENSES CHARGED
- Beginning
in or about 1947, and continuing up to and including the date of
the filing of this complaint, the defendants and co-conspirators
have engaged in a combination and conspiracy in unreasonable restraint
of the aforesaid trade and commerce in the adjustment and settlement
of automobile property insurance claims, the automobile material
damage appraisal business and the automobile damage repair business,
in violation of Sections 1 and 3 of the Sherman Act. Defendants
are continuing and will continue said offenses unless the relief
herein prayed for is granted.
- The aforesaid
combination and conspiracy has consisted of a continuing agreement
and concert of action among the defendants and co-conspirators to
eliminate competition among member companies in the adjustment and
settlement of automobile property insurance claims, among appraisers
and among repair shops, in order to control and depress automobile
material damage repair costs through boycott, coercion and intimidation
of repair shops.
- Pursuant to
and in effectuation of the aforesaid combination and conspiracy
the defendants and co-conspirators did those things which, as hereinbefore
alleged, they agreed to do and, among others, did the following
things: (a) Refused to recognize or sponsor more than one appraiser
in a territory designated by a Council or the CCC; (b) Coerced sponsored
appraisers to operate only in the territories in which they are
sponsored; (c Induced member companies to channel their automobile
material damage appraisal business to the sponsored appraiser and
boycott other business to the sponsored appraiser and boycott other
automobile material damage appraisal businesses; (d) Encouraged
the use of sponsored appraisers by others to increase the effectiveness
of the Plan; (e) Required sponsored appraisers to conform their
operations to the Plan and withdrew or threatened to withdraw the
sponsorship of appraisers who failed to do so; (f) Required fees
charged by sponsored appraisers to be approved by Councils or the
CCC; (g) Induced member companies to refuse to settle a claim for
an amount greater than a sponsored appraiser’s estimate of the automobile
material damage repair costs; and (h) Induced member companies to
channel automobile material damage repair business to those repair
shops which will, and boycott those repair shops which will not:
(1) Accept the sponsored appraiser’s estimate as to the cost of
repairs; (2) Give a price discount on replacement parts; (3) Maintain
hourly labor rates at a figure which is considered the lowest possible
rate in the area; and (4) Accede to the sponsored appraiser’s determination
of time allowances.
- EFFECTS
- The aforesaid
offenses have had, among others, the following effects: (a) Elimination
of competition in the adjustment and settlement of automobile property
insurance claims, in the automobile material damage appraisal business
and in the automobile material damage repair business; (b) Non-sponsored
appraisers engaged in or desiring to engage in the automobile material
damage appraisal business have been foreclosed from a substantial
segment of the business; (c Repair shops which refuse to accept
the sponsored appraisers’ estimate have been foreclosed from a substantial
segment of the automobile material damage repair business; and (d)
Prices charged by repair shops have been subjected to collective
control and supervision by defendants and co-conspirators. PRAYER
WHEREFORE, the plaintiff prays: 1. That the aforesaid combination
and conspiracy be adjudged and decreed to be in violation of Sections
1 and 3 of the Sherman Act. 2. That each of the defendants, their
officers, directors, agents, and employees, and all committees or
persons acting or claiming to act on behalf of the defendants or
any of them, be perpetually enjoined from continuing to carry out,
directly or indirectly, the aforesaid combination and conspiracy
to restrain interstate trade and commerce in the adjustment and
settlement of automobile property insurance claims, the automobile
material damage appraisal business and the automobile material damage
repair business; and that they be perpetually enjoined from engaging
in or participating in practices, contracts, agreements, or understandings,
or claiming any rights thereunder, having the purpose or effect
of continuing, reviving, or renewing the aforesaid offense or any
offenses similar thereto. 3. That each of the defendants be enjoined
from, either individually or in concert with others: (1) sponsoring
or preferentially dealing with any appraiser; (2) boycotting any
appraiser; (3) exercising any control over or influence upon the
activities of any appraiser; (4) channeling or attempting to channel
automobile material damage repair business to any repair shop or
type of repair shop; (5) boycotting any repair shop or type of repair
shop; or (6) coercing any repair shop to conform to its prices for
repair work or parts to the estimates of any appraiser or otherwise
influencing the prices for repair work or parts. 4. That each of
the defendants be ordered to amend its by-laws to require each of
its member companies to refrain from acting in concert with any
other companies in: (1) sponsoring or preferentially dealing with
any appraiser; (2) boycotting any appraiser; (3) exercising any
control over or influence upon the activities of any appraiser;
(4) channeling or attempting to channel automobile material damage
repair business to any repair shop or type of repair shop; (5) boycotting
any repair shop or type of repair shop; (6) coercing any repair
shop to conform its prices for repair work or parts to the estimates
of any appraiser or otherwise influencing the prices for repair
work on parts; and to make compliance with such requirements a condition
of membership. 5. That pursuant to Section 5 of the Sherman Act
on order be made and entered herein requiring defendants AMIA and
NAMCC to be brought before the Court in this proceeding and directing
the Marshal of the Northern District of Illinois to serve summons
upon AMIA and NAMCC. 6. That the plaintiff have such other and
further relief as the nature of the case may require and the Court
may deem just and proper. 7. That the Plaintiff recover the costs
of this suit. Dated: New York, New York October 22nd
1963 signed by: Robert F. Kennedy Attorney General William H. Orrick,
Jr. Assistant Attorney General Baddia J. Rashid Attorney, Department
of Justice John H. Waters Attorney, Department of Justice William
H. Rowan Attorney, Department of Justice
IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
CIVIL ACTION No.
63 Civ. 3106 ENTERED: November 27,1963 UNITED STATES OF AMERICA, Plaintiff
v. ASSOCIATION OF CASUALTY AND SURETY COMPANIES, AMERICAN MUTUAL INSURANCE
ALLIANCE and the NATIONAL ASSOCIATION OF MUTUAL CASUALTY COMPANIES, Defendants
FINAL JUDGMENT
Plaintiff, United
States of America, having filed its complaint herein on October 23, 1963,
and the plaintiff and the defendants, by their respective attorneys, having
consented to the entry of this Final Judgment without admission by any
party with respect to any issue herein; NOW, THEREFORE, before the taking
of any testimony herein, without trial or adjudication of any issue, and
upon such consent, as aforesaid, it is hereby ORDERED, ADJUDGED AND DECREED
as follows:
- This Court has
jurisdiction of the subject matter hereof and the parties hereto and
the complaint states a claim upon which relief can be granted under
Sections 1 and 3 of the Act of Congress of July 2, 1890, commonly known
as the Sherman Act, as amended.
- The provisions
of this Final Judgment shall be binding upon each defendant and upon
its officers, directors, agents, servants, employees, committees, successors
and assigns, and upon all other persons in active concert or participation
with any defendant who shall have received actual notice of this Final
Judgment by personal service or otherwise.
- (A) Each defendant
is ordered and directed within ninety (90) days from the entry of this
Final Judgment to terminate, cancel and abandon the Independent Appraisal
Plan, sometimes known as the Automotive Damage Appraisal Plan, which
the defendants have established and are now administering, and each
defendant is enjoined from reviving, renewing or again placing into
effect that plan. (B) Defendants are ordered and directed within ninety
(90) days from the entry of this Final Judgment to send written notice,
in the form attached hereto as an exhibit, stating that all defendants
have terminated, canceled and abandoned the Independent Appraisal Plan
(1) to each appraiser sponsored under the Plan, (2) to each member company,
and (3) to each Local Casualty Insurance Claims Managers’ Council.
- (A) Each defendant
is enjoined from placing into effect any plan, program or practice which
has the purpose or effect of: (1) sponsoring, endorsing or otherwise
recommending any appraiser of damage to automobile vehicles: (2) directing,
advising or otherwise suggesting that any person or firm do business
or refuse to do business with (a) any appraiser of damage to automobile
vehicles with respect to the appraisal of such damage, or (b) any independent
or dealer franchised automotive repair shop with respect to the repair
of damage to automobile vehicles; (3) exercising any control over the
activities of any appraiser of damage to automotive vehicles; (4) allocating
or dividing customers, territories, markets or business among any appraisers
of damage to automotive vehicles; or (5) fixing, establishing, maintaining
or otherwise controlling the prices to be paid for the appraisal of
damage to automotive vehicles, or to be charged by independent or dealer
franchised automotive repair shops for the repair of damage to automotive
vehicles or for replacement parts or labor in connection therewith,
whether by coercion, boycott or intimidation or by the use of flat rate
or parts manuals or otherwise.
(B) Nothing in Subsection (A) above shall be deemed to prohibit the
furnishing to any person or firm of any information indicating corrupt,
fraudulent or unlawful practices on the part of any appraiser of damage
to automotive vehicles or any independent or dealer franchised automotive
repair shop, so long as the furnishing of such information is not part
of a plan, program or practice enjoined in paragraphs (1) through (5)
of Subsection (A) above. Each defendant shall include in any report
of such information an affirmative statement that such report is not
a recommendation and that the person or firm to whom such report is
furnished should independently determine whether to do business with
any appraiser or automotive repair shop to which the report relates.
- Defendants are
ordered and directed within ninety (90) days from the entry of this
Final Judgment to cause the character of each Local Casualty Insurance
Claims Managers’ Council to be amended so as to incorporate therein
a declaration of policy that the Council shall not engage in any activity
prohibited by Section IV of this Final Judgment.
- Nothing in Section
IV of this Final Judgment shall be deemed to determine or constitute
a waiver of any rights or immunities that defendants may have under
the Act of Congress of March 9, 1945, commonly known as the McCarran-Ferguson
Act.
- (A) For the purpose
of determining and securing compliance with this Final Judgment and
subject to any legally recognized privilege, duly authorized representatives
of the Department of Justice shall, upon written request of the Attorney
General, or the Assistant Attorney General in charge of the Antitrust
Division, and on reasonable notice to any defendant made to its principal
office, be permitted (1) access during the office hours of such defendant
to all books, ledgers, accounts, correspondence, memoranda and other
records and documents in the possession or under the control of such
defendant relating to any of the matters contained in this Final Judgment
during which time counsel for such defendant may be present; and (2)
subject to the reasonable convenience of such defendant and without
restraint or interference from it to interview officers or employees
of such defendant, who may have counsel present, regarding any such
matters. (B) Any defendant, on written request of the Attorney General
or the Assistant Attorney General in charge of the Antitrust Division,
shall submit within a reasonable time such reports in writing, under
oath if requested, with respect to any matters contained in this Final
Judgment as may be reasonably necessary for the purpose of the enforcement
of this Final Judgment. (C) No information obtained by the means provided
in this Section VII shall be divulged by any representative of the Department
of Justice to any person other than a duly authorized representative
of the Executive Branch, except in the course of legal proceedings to
which the United States of America is a party for the purpose of securing
compliance with this Final Judgment or as otherwise required by law.
- Jurisdiction is
retained for the purpose of enabling any of the parties to this Final
Judgment to apply to this Court at any time for such further orders
and directions as may be necessary or appropriate for the construction
or carrying out of this Final Judgment or for the modification or termination
of any of the provisions thereof, and for the enforcement of compliance
therewith and punishment of violations thereof. Dated: November 27,
1963 /s/ Edward C. McLean United States District Judge
IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
CIVIL ACTION No.
63 Civ. 3106
Filed October 23,1963
UNITED STATES OF AMERICA, Plaintiff v. ASSOCIATION OF CASUALTY AND SURETY
COMPANIES, AMERICAN MUTUAL INSURANCE
ALLIANCE and the
NATIONAL ASSOCIATION OF MUTUAL CASUALTY COMPANIES, Defendants. STIPULATION.
It is stipulated by and between the undersigned parties, by their respective
attorneys, that: (1) The parties consent that a Final Judgment in the
form hereto attached may be filed and entered by the Court at any time
after the expiration of thirty (30) days following the date of filing
of this Stipulation without further notice to any party or other proceedings,
either upon the motion of any party or upon the Court’s own motion, provided
that plaintiff has not withdrawn its consent as provided herein; (2) The
plaintiff may withdraw its consent hereto at any time within said period
of thirty (30) days by serving notice thereof upon the other parties hereto
and filing said notice with the Court; (3) In the event plaintiff withdraws
its consent hereto, this Stipulation shall be of no effect whatever in
this or any other proceeding and the making of this Stipulation shall
not in any manner prejudice any consenting party in any subsequent proceedings.
Dated: October 23, 1963. For the Plaintiff: WILLIAM H. ORRICK, JR. Assistant
Attorney General JOHN H. WATERS WILLIAM D. KILGORE, JR. WILLIAM H. ROWAN
BADDIA J. RASHID CHARLES F. B. McALEER Attorneys, Department of Justice
For the Defendant Association of Casualty and Surety Companies: ROBERT
MacCRATE For the Defendants American Mutual Insurance Alliance and the
National Association of Mutual Casualty Companies: HUGH B. COX
A Mission of the Insurance Consumer Advocate Network
. . . ( Empowering Consumers Nationwide )
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1963 Federal Consent Decree - Printer Friendly Version
