No. 23-258

Delaware Department of Insurance v. United States

Lower Court: Third Circuit
Docketed: 2023-09-18
Status: Denied
Type: Paid
Amici (1)
Tags: business-of-insurance civil-rights federal-law federal-preemption insurance-regulation mccarran-ferguson-act preemption state-authority statutory-interpretation summons-power
Latest Conference: 2023-11-17
Question Presented (from Petition)

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 ?"

Question Presented (AI Summary)

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'

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-31
Reply of petitioner Delaware Department of Insurance filed. (Distributed)
2023-10-18
Brief amicus curiae of National Association of Insurance Commissioners filed.
2023-10-18
Brief of respondent United States in opposition filed.
2023-09-14

Attorneys

Delaware Department of Insurance
James Joseph Black IIIBlack & Gerngross, PC, Petitioner
National Association of Insurance Commissioners
Michael Thomas RauppHusch Blackwell LLP, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent