an insurance policy that covered any 'miles operated' by the lessor during the terms of a truck lease when the tractor portion of the truck was not in actual service for the lessee, had a Non-Trucking Use endorsement, but no savings clause
while the savings clause
permitted states to "prohibit falsity or
115) State courts had (and have) concurrent jurisdiction over admiralty cases due to a savings clause
in the jurisdictional statute.
Applying Geier in the Deregulation Act context would restore both meaning to the Act's savings clause
and lawmaking authority to the states.
53) The usury savings clause
inures to the benefit of the borrower by effectively capping the rate of interest at which he or she can be charged and protecting the borrower against unlawful overcharging.
favoring arbitration and the application of the savings clause
It further argued that the formula clauses were void as savings clauses
because they operated to take back property upon a condition subsequent--a gift tax audit.
The Court has not always been clear about the interplay between section 502 and the express preemption provisions discussed above (the preemption clause, savings clause
and deemer clause).
The FAA has just the opposite, a savings clause
which preserves existing remedies: "Nothing contained in this Act shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to remedies.
However, Scalia insisted, the Court has never ruled that the McCarran-Ferguson test is essential to ERISA's savings clause
In PLR 7916006, the IRS defined a savings clause
as "a provision that takes away a power or changes a provision that is expressly given elsewhere in the instrument and is, therefore, in direct conflict with that other express power or provision.
74) Although Arkansas argued that the savings clause
is limited to intrastate waters of the source state, the court rejected the argument to prevent chaotic consequences.