Congress enacted the McCarran–Ferguson Act in 1945

E503524

Congress enacted the McCarran–Ferguson Act in 1945 to affirm that regulation and taxation of the business of insurance are primarily the responsibility of the individual states rather than the federal government.

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Statements (46)

Predicate Object
instanceOf United States federal statute
insurance regulation law
affects health insurance regulation
life insurance regulation
property and casualty insurance regulation
affectsRelationshipBetween federal government and state governments in insurance regulation
allocatesRegulatoryAuthorityTo U.S. states
alsoKnownAs McCarran Act
antitrustExemptionScope insurance activities regulated by state law
antitrustLawsAffected Clayton Act
Federal Trade Commission Act
Sherman Antitrust Act
appliesTo business of insurance
branchOfLaw United States antitrust law
United States insurance law
codifiedIn Title 15 of the United States Code
codifiedSections 15 U.S.C. §§ 1011–1015
country United States
creates limited antitrust exemption for the business of insurance
dateEnacted March 9, 1945
declares continued regulation and taxation by the several States of the business of insurance is in the public interest
doesNotApplyTo boycotts, coercion, and intimidation in insurance
labor disputes
enactedBy United States Congress
grantsAuthorityTo state insurance commissioners
historicalContext response to United States v. South-Eastern Underwriters Association (1944)
influencedByCourtCase United States v. South-Eastern Underwriters Association
jurisdiction federal law governing state regulation of insurance
legalEffect establishes presumption in favor of state insurance law over general federal statutes
legislativeBody 79th United States Congress
limitsRegulatoryAuthorityOf federal government of the United States
policyPrinciple state primacy in insurance regulation
primaryPurpose to affirm that regulation of the business of insurance is primarily a state responsibility
to affirm that taxation of the business of insurance is primarily a state responsibility
provides federal law shall not be construed to invalidate, impair, or supersede state laws regulating the business of insurance unless the federal law specifically relates to the business of insurance
publicLawNumber Public Law 79-15
regulatoryModel state-based insurance regulation system
relatedTo state insurance codes
shortTitle McCarran–Ferguson Act
sponsors Senator Homer Ferguson
Senator Pat McCarran
linked to: Pat McCarran
status in force
statutesAtLargeCitation 59 Stat. 33
subjectMatter insurance regulation
taxation of insurance
yearEnacted 1945

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United States v. South-Eastern Underwriters Association subsequentDevelopment Congress enacted the McCarran–Ferguson Act in 1945