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AG Office Memo on the JUA Funds

by: Dean Barker

Wed Jul 29, 2009 at 23:08:26 PM EDT
Credit where credit is due: Grant Bosse's got a copy online of the 2/19 2/6 memo from the Attorney General's office on the JUA funds.

Presumably this is what the Governor relied on when making the JUA surplus part of the budget process.

Also of note: the memo is authored by Assistant AG Glenn Perlow.

Have at it, lawyerly types...
Dean Barker :: AG Office Memo on the JUA Funds
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AG Office Memo on the JUA Funds | 4 comments
The AG's office wrote the memo (4.00 / 1)
Glenn Perlow wrote the cover letter about releasing the memo. Bosse seems to have misread that.
On page 2 of the Scribd online version, (4.00 / 1)
where the 2/6 memo begins, it says "FROM: Glenn Perlow".

Doesn't that make him the author?

birch, finch, beech

[ Parent ]
Maybe - (4.00 / 1)
I saw his name on the cover letter granting release, and somehow missed it at the top of the memo. That's certainly a reasonable inference - that as the FROM: name on the memo he is the author.
[ Parent ]
A key issue in the memo (0.00 / 0)
is the relationship between two parts of the law.

One paragraph says that the fund is not to interfere with the free market and must not offer insurance coverage at lower prices than the private companies are doing.

Another paragraph says that the fund may (not 'must') distribute a surplus to policy holders.

The AG's office notes that these are in conflict, since a refund effectively means a lower price, and therefore the second should not be relied upon.

It seems to me that:

  1. they certainly are in conflict; but
  2. Such conflicts are typically resolved by deferring to the more specific point of law - the second, in this case.

The legislature passed and Governor signed both paragraphs. If the second is in conflict with the first, they were not bothered by that.
AG Office Memo on the JUA Funds | 4 comments

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