U.S National Bank of Oregon v. Independent Insurance Agents of America

In U.S National Bank of Oregon v. Independent Insurance Agents of America 508 U.S. 439 (113 SC 2173, 124 LE2d 402) (1993) Comptroller of the Currency approved a request by a national bank with its principal place of business in Oregon to sell insurance through a branch in Oregon to customers nationwide. The Comptroller approved the request under 12 U.S.C. 92. Various trade organizations representing insurance agents challenged the Comptroller's decision in the United States District Court of the District of Columbia and in the Court of Appeals for the District of Columbia Circuit, claiming that the decision was inconsistent with 92. On its own motion, the Court of Appeals held that 92 was no longer valid. The United States Supreme Court granted certiorari to address the question of whether 92 remained in force and whether the Court of Appeals had properly addressed the issue. The Supreme Court answered the latter question in the affirmative, holding that "when an issue or claim is properly before the court, the court is not limited to the particular legal theories advanced by the parties, but rather retains the independent power to identify and apply the proper construction of governing law." United States Nat. Bank of Oregon v. Independent Ins. Agents of America 508 U. S. 439 (113 SC 2173, 124 LE2d 402) (1993) at 446 (II). Concluding, however, that 92 remained in force, the Supreme Court reversed the decision of the Court of Appeals.