2006 Supreme Court term

SAFECO INSURANCE COMPANY OF AMERICA, ET AL. v. CHARLES BURR, ET AL.

Dockets 06-84Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Oral argument was presented by Scott A. Shorr on behalf of the respondents.

Background and question before the Court

Justice Stevens asked whether the parties agree on the meaning of “adverse action.”

According to Justice Souter, justice Souter inquired about the statutory purpose of the credit‑reporting provision, noting it is intended to alert consumers to possible errors in their credit reports.

According to Justice Breyer, justice Breyer questioned how many people have the best credit score and what effect that has on insurance notices.

Chief Justice Roberts asked why the baseline credit report was chosen for measuring a hypothetical increase.

What each side argues

Petitioners' Position

Petitioners argue that the Ninth Circuit’s interpretation of “willfully” and its order to remand for further inquiry into attorney‑client privilege communications are unnecessary, and that summary judgment should be affirmed.

According to Ms. Mahoney, petitioners emphasize that a new document used by the insurer was created by non‑lawyers before GEICO began using credit scores to price insurance.

Respondents' Position

According to Ms. Millett, respondents, as represented by Ms. Millett, state they agree with the respondents’ definition of “adverse action.”

According to Mr. Shorr, respondents, through counsel Scott A. Shorr, argue that any statutory increase should be based on a higher credit score than the baseline, reflecting the statutory purpose of protecting consumers with less‑than‑perfect credit.

What happened at oral argument

Source-limited The available primary sources do not support a complete explanation yet.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • ccab59ada698588cbace-r1-e54cdf88147f9261.pdforal argument transcript

Guide generated September 22, 2026. Automated validation accepted this version.