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Howard Delivery Service, Inc., Et Al. v. Zurich American Insurance Co.

• 2005 • 547 U.S. 651 • Roberts Court
In the case of Howard Delivery Service, Inc., et al. v. Zurich American Insurance Co., the U.S. Supreme Court had to decide whether an insurance company's claim for unpaid workers' compensation premiums could be considered as an "excise tax" under bankruptcy law and thus given priority status in a bankruptcy proceeding. The court ruled 6-3 against Zurich American Insurance Company, stating that unpaid workers’ compensation insurance premiums do not qualify as “excise taxes” on a debtor’s...Open Case
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Chief Roberts Court
Term: 2005
Docket: 05-128
547 U.S. 651
126 S. Ct. 2105
165 L. Ed. 2d 110
2006 U.S. LEXIS 4678
Argued: Mar 21, 2006

Howard Delivery Service, Inc., Et Al. v. Zurich American Insurance Co.

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Questions presented:
SCOTUS Records

05-128 HOWARD DELIVERY SERVICE V. ZURICH AMERICAN INSURANCE CO. DECISION BELOW: 403 F3d 228 CERT. GRANTED 11/7/2005 QUESTION PRESENTED: In a bankruptcy case, is an unsecured claim for unpaid premiums owing for a debtor's statutory workers' compensation liability insurance policy entitled to priority under Section 507(a)(4) of the Bankruptcy Code as a "contribution to an employee benefit plan arising from services rendered", as held by the Fourth and Ninth Circuits, or is such a claim not entitled to Section 507(a)(4) priority, as held by the Sixth, Eighth and Tenth Circuits? LOWER COURT CASE NUMBER: 04-1136

Opinion Summary
AI Abstract

In the case of Howard Delivery Service, Inc., et al. v. Zurich American Insurance Co., the U.S. Supreme Court had to decide whether an insurance company's claim for unpaid workers' compensation premiums could be considered as an "excise tax" under bankruptcy law and thus given priority status in a bankruptcy proceeding. The court ruled 6-3 against Zurich American Insurance Company, stating that unpaid workers’ compensation insurance premiums do not qualify as “excise taxes” on a debtor’s transactions or gross receipts under Bankruptcy Code §507(a)(8)(E). Therefore, such claims are not entitled to priority payment in bankruptcy proceedings over other unsecured creditors' claims. This decision clarified how certain types of debts should be prioritized during bankruptcies.

Dissent Summary
AI Abstract

In the dissenting opinion for Howard Delivery Service, Inc., et al. v. Zurich American Insurance Co., Justice Kennedy argued that workers' compensation premiums should be considered as benefits to employees and thus given priority status in bankruptcy proceedings. He contended that these premiums are a necessary cost of doing business and contribute directly to an employee's welfare by providing insurance against work-related injuries or illnesses. Therefore, they should not be treated as general unsecured claims but rather granted higher priority during bankruptcy distribution. This view contrasts with the majority opinion which held that such premiums do not qualify for wage-priority status under the Bankruptcy Code because they do not constitute "wages earned" by employees.

Opinion written by Justice RBGinsburg
Decided: Jun 15, 2006
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Argued: Oct 05, 2026
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