News & Analysis as of

McCarran-Ferguson Act

McCarran-Ferguson Act Prohibits Pursuit Of RICO Claims Against Insurer

by Carlton Fields on

A Plaintiff annuity holder was prohibited from pursuing her federal racketeering claims against an insurance company and its affiliates, as doing so would impair state regulation of insurance business, contrary to the...more

Bill to Eliminate Health Insurers' Antitrust Exemption Passes in the House

by Baker Ober Health Law on

On March 22, the House of Representatives passed H.R. 372, the "Competitive Health Insurance Reform Act of 2017," by a vote of 416-7. The legislation would repeal the antitrust exemption that the health insurance industry...more

House Overwhelmingly Approves Insurance Antitrust Reform Legislation

by Reed Smith on

The House of Representatives has approved HR 372, the Competitive Health Insurance Reform Act of 2017, which would repeal the antitrust exemption for health insurance companies provided under the McCarran-Ferguson Act...more

Antitrust Exemption for Health Insurance Companies May Come to a Close

Recently, the House of Representatives voted to pass H.R. 372, also known as the Competitive Health Insurance Reform Act of 2017, which would close the longstanding antitrust immunity granted to health insurance companies....more

Insurers’ Antitrust Exemption in Crosshairs Again as Part of Potential Health Care Overhaul

by Sedgwick LLP on

Just when you thought the health insurance legal and regulatory landscape couldn’t get any more interesting, along comes the Competitive Health Insurance Reform Act of 2017 (the Act). The Act removes a longstanding antitrust...more

House Votes to Repeal Antitrust Exemption for Health Insurers Under the Mccarran-Ferguson Act

by Pepper Hamilton LLP on

On March 22, the U.S. House of Representatives passed the Competitive Health Insurance Reform Act of 2017, which would repeal the current limited federal antitrust immunity for health insurers. The bill would amend the...more

Repeal of Antitrust Immunity for Insurers: What Does It Mean?

Insurers are among a handful of industries, including Major League Baseball, that have a special exemption from the federal antitrust laws, the so-called "McCarran-Ferguson" antitrust exemption. The exemption has survived...more

House Judiciary Committee Advances Medical Liability, Insurance Antitrust Reform Bills

by Reed Smith on

The House Judiciary Committee has approved HR 1215, the “Protecting Access to Care Act of 2017.” The bill includes a variety of medical liability reforms, including a $250,000 cap on noneconomic damages, limits on contingency...more

Kentucky Federal Court Orders Further Briefing On Whether The Federal Arbitration Act Or Kentucky Law Applies In Dispute Involving...

by Carlton Fields on

The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more

Hearing Held on McCarran Repeal Legislation

by Baker Ober Health Law on

On February 16, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider H.R. 372, the "Competitive Health Insurance Reform Act of 2017." The legislation, introduced by...more

European Commission Permits Insurers' "Block Exemption" from the Antitrust Laws to Expire

by Baker Donelson on

On December 13, the European Commission announced that it would not be renewing the "Block Exemption" from the European competition laws that insurers have enjoyed since 1992. The Exemption, which is similar in some respects...more

Third Circuit Reverses Order Denying Arbitration, Ruling That State Law Prohibiting Arbitration Of Insurance Matters Challenged...

by Carlton Fields on

Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more

Republican Alternative to the Affordable Care Act Addresses the McCarran Ferguson Act's Antitrust Exemption

by Baker Donelson on

On June 22, Republicans in the House of Representatives announced a new proposal to "repeal and replace" the Affordable Care Act. While not formal legislation, the proposal – a 37-page policy statement entitled "A Better Way"...more

Insurer Antitrust Exemption in Europe in Jeopardy

by Baker Donelson on

In the United States, the McCarran Ferguson Act provides insurers with an exemption from the federal antitrust laws. Enacted in 1945, the Act provides that conduct that constitutes the "business of insurance" is outside the...more

Insurance Antitrust Newsletter - May 2016

by Baker Donelson on

Insurer Antitrust Exemption in Europe in Jeopardy - In the United States, the McCarran Ferguson Act provides insurers with an exemption from the federal antitrust laws. Enacted in 1945, the Act provides that conduct that...more

New York’s Highest Court Enforces Arbitration Provision in California Workers’ Compensation Insurance Agreement, Rejecting...

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s(“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy...more

New York Court of Appeals: McCarran-Ferguson Act Does Not Reverse Preempt Application of the Federal Arbitration Act to Enforce...

by Carlton Fields on

Monarch Consulting, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., __ N.Y.3d __, 2016 WL 633946 (N.Y., Feb. 18, 2016) Case at a Glance - National Union Fire Insurance of Pittsburgh (“National Union...more

New York Court Of Appeals Finds Mccarran Ferguson Act Does Not Reverse Preempt The FAA With Respect To California Insurance Code §...

by Carlton Fields on

In an action to compel arbitration under payment agreements entered into between National Union and its insured, the New York Court of Appeals held the determination of arbitrability was not barred by the McCarran Ferguson...more

Federal Court Finds That The Mccarran Ferguson Act Bars Plaintiff’s RICO Claims Arising From Certain Reinsurance Transactions

by Carlton Fields on

In a putative class action seeking damages for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) arising from certain reinsurance transactions, the United States District Court for the...more

Will 2016 Be the Year for McCarran Repeal?

by Baker Donelson on

As the second session of the 114th Congress begins to pick up steam, five bills are currently pending in the House that, if enacted, would repeal the McCarran-Ferguson Act’s antitrust exemption for at least some insurers....more

Article: Southern District Decision Confirms Breadth of Bankruptcy Court Jurisdiction

The Southern District of New York in the recent Ames decision engaged in a detailed analysis of the contours of bankruptcy-court jurisdiction and found it broadly included a wide array of state law claims (notwithstanding the...more

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

New York Federal Bankruptcy Court Finds Insurance Insolvency Proceeding Does Not “Reverse – Preempt” Bankruptcy Court Jurisdiction

by Carlton Fields on

In a recent adversary proceeding in the chapter 11 case involving Ames Department Stores, Inc. (“Ames”), Lumbermens Mutual Casualty Company (“Lumbermen’s”) argued that under the McCarran-Ferguson Act, the issues in dispute...more

U.S. Treasury Department and the U. S. Trade Representative Pursuing Possible Covered Agreement With the European Union

by Carlton Fields on

The U.S. Treasury Department and the U.S. Trade Representative have given notice to Congress of the initiation of discussions with the European Union to enter into a Covered Agreement essentially addressing two major issues:...more

5th Circuit Affirms the Dismissal of Federal Antitrust Claims Against Insurance Broker on McCarran-Ferguson Act Grounds While...

by Baker Donelson on

On September 23, the Fifth Circuit Court of Appeals issued its opinion in Sanger Insurance Agency v. HUB International, affirming the dismissal of plaintiff's federal antitrust claims based upon the McCarran-Ferguson Act (15...more

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