and analogous expressions in the legislative history counsel against a finding of inseverability and in favor of pure severability or the incompatibility option.
174) Additionally, because legislators often include severability clauses
in statutes, (175) it is more likely that Congress generally wishes for courts "to save and not to destroy" the remainder of their statutes.
To illustrate this vagueness problem of the severability clause
Such a severability clause
will protect innocent defendants in the event that several individual insureds are named defendants in a lawsuit arising out of one individual's fraudulent or dishonest acts.
Courts are quick to deny the broadest possible effect to general severability clauses
If they are struck down on constitutional grounds, the severability clause
would mean the other elements -- the curriculum committees, local control and stronger superintendent -- could remain.
And just as the courts do not take severability clauses
at face value, (132) they need not take inseverability clauses at face value.
D & 0 insurers are attempting to eliminate the severability clause
in their policies.
Agencies tend to include severability clauses
in their rules
Courts have refused to allow a rescission defense if the misrepresentations were not part of the application or if there was a severability clause
in the policy.
The courts' doctrine on administrative severability clauses
, however, does not share Chevron/Skidmore's incentive structure.
This statute provides that if a bill lacks a severability clause
, it should be treated as if it contains a clause saying that if any provision of the bill is invalidated the remainder of the act is unaffected.