Delaware Department of Insurance v. United States
When determining whether a state insurance statute preempts a federal law of general application under the McCarran Ferguson Act, are the three statutory factors set forth in the first clause of § 1012(b) the only proper factors to consider, or may a court first constrain the inquiry by assessing whether the "conduct at issue " constitutes the "business of insurance ?"
Whether the three statutory factors set forth in the first clause of § 1012(b) are the only proper factors to consider when determining whether a state insurance statute preempts a federal law of general application under the McCarran-Ferguson Act, or may a court first constrain the inquiry by assessing whether the 'conduct at issue' constitutes the 'business of insurance'