Euclid Nat'l Bank v. The Fed. Home Loan Bank Bd. & the Fed. Sav. & Loan Ins. Corp., 396 F.2d 950 (6th Cir. 1968). · Go Syfert
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Euclid Nat'l Bank v. The Fed. Home Loan Bank Bd. & the Fed. Sav. & Loan Ins. Corp., 396 F.2d 950 (6th Cir. 1968). Cases Citing This Book View Copy Cite
9 citation events (3 in the last 25 years) across 4 distinct courts.
Strongest positive: Donna Haas v. Travelex Insurance Services Inc. (cacd, 2021-08-19)
Statutes interpreted (leading-cases list)
#8 12 U.S.C. § 1727 cited 1× in this case · 70 total citations of statute
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Donna Haas v. Travelex Insurance Services Inc.
C.D. Cal. · 2021 · confidence medium
Home Loan Bank, 10 396 F.2d 950, 951 (6th Cir. 1968); and then citing Fleetwood Acres v. Fed.
cited Cited as authority (rule) G.O.A.T. Climb and Cryo, LLC v. Twin City Fire Insurance Company
N.D. Ill. · 2021 · confidence medium
Home Loan Bank Bd., 396 F.2d 950, 951 (6th Cir. 1968)).
cited Cited as authority (rule) Mashallah, Inc. v. West Bend Mutual Insurance Company
N.D. Ill. · 2021 · confidence medium
Home Loan Bank Bd., 396 F.2d 950, 951 (6th Cir. 1968); Fleetwood Acres v. Fed.
discussed Cited as authority (rule) Mississippi River Transmission Corp. v. Federal Energy Regulatory Commission
D.C. Cir. · 1985 · signal: cf. · confidence medium
Cf. Lynch burg, 396 F.2d at 950 (Washington, J., concurring). 13 Second, United suggests that the settlement bill should be deemed just and reasonable because its current rate schedule is predicated on the fixed cost recovery guaranteed by the bill. 14 This argument provides no support for FERC’s order.
discussed Cited as authority (rule) Mississippi River Transmission Corporation v. Federal Energy Regulatory Commission, Mobile Gas Service Corporation, Mississippi Valley Gas Company, Clark-Mobile Counties Gas District, Louisiana Gas Service Company, Entex, Inc., United Gas Pipe Line Company, Atlanta Gas Light Company, Southern Natural Gas Company, Texas Eastern Transmission Corporation, Missouri Public Service Commission, Intervenors. Laclede Gas Company v. Federal Energy Regulatory Commission
D.C. Cir. · 1985 · signal: cf. · confidence medium
Cf. Lynchburg, 396 F.2d at 950 (Washington, J., concurring). 13 26 Second, United suggests that the settlement bill should be deemed just and reasonable because its current rate schedule is predicated on the fixed cost recovery guaranteed by the bill. 14 This argument provides no support for FERC's order.
Retrieving the full opinion text from the archive…
EUCLID NATIONAL BANK, Plaintiff-Appellant,
v.
the FEDERAL HOME LOAN BANK BOARD and the Federal Savings and Loan Insurance Corporation, Defendants-Appellees
17831.
Court of Appeals for the Sixth Circuit.
Oct 14, 1968.
396 F.2d 950
Maxwell J. Gruber, Cleveland, Ohio, for plaintiff-appellant, R. Dugald Pearson, Zellmer & Gruber, Cleveland, Ohio, on the brief., Daniel J. Goldberg, Atty., Federal Home Loan Bank Bd. etc., Washington, D. C., for defendants-appellees, Kenneth E. Scott, Gen. Counsel, Max Wilfand, Assoc. Gen. Counsel, Washington, D. C., on the brief.
O'Sullivan, McCree, Combs.
Cited by 7 opinions  |  Published

ORDER

This is an appeal by the Euclid National Bank, formerly Euclid Savings Association, from a judgment of the District Court which holds that the bank is not entitled to recover certain insurance premiums paid to the Federal Savings and Loan Insurance Corporation.

The Euclid Savings Association was converted from an Ohio chartered building and loan association to the Euclid National Bank on February 1,1966. During its life as a building and loan association its savings accounts were insured by the appellee Federal Savings and Loan Insurance Corporation under the provisions of the National Housing Act, 12 U.S.C. § 1727. When it became a national bank its deposits were insured by the Federal Deposit Insurance Corporation.

Under the terms of the National Housing Act the Euclid Savings Association became obligated on November 21, 1965, to pay an annual premium in advance to the Federal Savings and Loan Insurance Corporation. One-half of the premium was paid in November, 1965, and the other one-half was deferred to April, 1966, and then paid pursuant to demand. The bank contends that the portion of the premium covering the period beyond February 1, 1966, when it became a national bank, is unearned and should be returned to it.

The trial judge held in a well reasoned memorandum opinion, D.C., 286 F.Supp. 125, that there is no federal statute or agency regulation applicable to this situation and, in the absence of an express agreement or one that may be implied in law, the rule is that “an insured may not have any part of his premium returned once the risk attaches, even if it eventually turns out that the premium was in part unearned.” Citing Fleetwood Acres v. Federal Housing Administration, 171 F.2d 440, 442 (2nd Cir. 1948).

For the reasons stated in the District Judge’s memorandum opinion, the judgment is affirmed.