No. 22-950

Dorothy A. Smulley v. Safeco Insurance Company of Illinois, et al.

Lower Court: Second Circuit
Docketed: 2023-03-29
Status: Denied
Type: Paid
Response Waived
Tags: commerce-clause digital-transactions due-process insurance-valuation interstate-commerce mccarran-ferguson-act public-interest securities-exchange-commission software-as-a-service standing
Latest Conference: 2023-05-11
Question Presented (from Petition)

Whether personal motor vehicle physical damage (MVPD) insurance valuations performed by a third party Software as a Service (SaaS) company over the Internet in digital real time transactions which stretch across state lines constitute Commerce among the several States and thus subject to regulation by Congress under the Commerce Clause. Infra 3.1.

Whether the SaaS as a registered entity is subject to Securities and Exchange Commission rules in the valuations created over the Internet. Infra 6.2.

Question Presented (AI Summary)

Whether personal motor vehicle physical damage (MVPD) insurance valuations performed by a third party Software as a Service (SaaS) company over the Internet in digital real time transactions which stretch across state lines constitute Commerce among the several States and thus subject to regulation by Congress under the Commerce Clause

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-14
Waiver of right of respondent Safeco Insurance Company of Illinois to respond filed.
2023-04-12
Waiver of right of respondent CCC Intelligent Solutions Inc. to respond filed.
2023-03-25

Attorneys

CCC Intelligent Solutions Inc.
Timothy B. HardwickeGoodSmith Gregg & Unruh LLP, Respondent
Dorothy A. Smulley
Dorothy A. Smulley — Petitioner
Safeco Insurance Company of Illinois
Philip T. Newbury Jr.Howd & Ludorf, LLC, Respondent