File:RL33683 (IA RL33683-crs).pdf
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This United States Congress image is in the public domain. This may be because it was taken by an employee of the Congress as part of that person’s official duties, or because it has been released into the public domain and posted on the official websites of a member of Congress. As a work of the U.S. federal government, the image is in the public domain.
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Short title | WIKILEAKS - Congressional Research Service - Courts Narrow McCarran-Ferguson Antitrust Exemption for "Business of Insurance"; Viability of "State Action" Doctrine as an Alternative, March 12, 2007 |
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Image title | Inasmuch as "[t]he primary purpose of the McCarran-Ferguson Act was to preserve state regulation of the activities of insurance companies since it was the power of the states to regulate and tax insurance companies that was threatened after ... South-Eastern Underwriters ...," we first answer the questions, "What is insurance?"; and, "is it defined pursuant to state or federal law?" Then, given that the statute addresses itself to the "business of insurance," this report sets out some judicial opinions about just what does - and does not - constitute the "business of insurance," as well as state regulation of such business, and the scope of McCarran's "boycott" exception. Finally, it will note legislation introduced to date in the 110th Congress, as well as some McCarran-related legislation introduced in the 109th Congress, and discuss, briefly, the possible consequences of similarly worded measures, especially in light of the non-statutory state-action doctrine in antitrust law. |
Author | Congressional Research Service : Janice E. Rubin, American Law Division |
Software used | WIKILEAKS - http://wikileaks.org/wiki/CRS-RL33683 - February 2, 2009 |
Conversion program | WIKILEAKS - http://wikileaks.org/wiki/CRS-RL33683 - February 2, 2009 |
Encrypted | no |
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Version of PDF format | 1.4 |