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- Title
Abstracts of Significant Cases Bearing on the Regulation of Insurance.
- Authors
Johnson-Speck, Carolyn
- Abstract
This paper presents abstracts of cases related to insurance regulation in the U.S. in 2004. The U.S. Court of Appeals for the Ninth Circuit was asked to rule on a risk retention issue in the case of Primeguard Insurance Co. Inc. versus Low. It affirmed a district court holding that the federal Liability Risk Retention Act does not preclude California from regulating members of risk retention groups. In yet another chapter of the saga of Gilchrist versus State Farm Mutual Automobile Insurance Co., the Eleventh Circuit decided that federal courts have no jurisdiction over the case because it was exempted from federal oversight under the McCann-Ferguson Act's exemption from federal antitrust laws for the business of insurance. The Hawaii Supreme Court interpreted earlier U.S. Supreme Court cases to arrive at a decision in the case of Hawaii Management Alliance Association versus Insurance Commissioner. A health plan enrollee was denied coverage for a procedure and requested an external review. An analysis of the Employee Retirement and Income Security Act of 1974 and the more recent cases considering preemption of state external review laws led the court to conclude that the Hawaii statute was preempted in this case so the award of attorney's fees was inappropriate.
- Subjects
UNITED States; ACTIONS &; defenses (Law); INSURANCE law; LEGAL judgments; RISK retention; ANTITRUST law; LAWYERS' fees; PRIMEGUARD Insurance Co. Inc.; STATE Farm Mutual Automobile Insurance Co.; HAWAII Management Alliance Association v. Insurance Commissioner (Supreme Court case)
- Publication
Journal of Insurance Regulation, 2004, Vol 23, Issue 2, p109
- ISSN
0736-248X
- Publication type
Article