McCarran-Ferguson Act : Preemption

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U.S. Supreme Court Holds ERISA Does Not Preempt "Any Willing Provider" Laws
David L. Bacon of Thelen LLP

On April 2, 2000, the U.S. Supreme Court in Kentucky Ass'n of Health Plans v. Miller held unanimously that ERISA does not preempt Kentucky's "any willing provider" laws. The Kentucky statutes prohibit health maintenance organizations ("HMOs") and other health insurers from excluding from their provider networks any health care providers who agree to their participation terms.
To Preempt Or Not To Preempt? A New Approach To The Preemption Of Insurance Related Claims Under ERISA
Stanley A. Winikoff and Michael C. Hamilton of Swartz Campbell LLC

In defending or prosecuting claims involving business insurance policies, an issue that often arises is whether or not a cause of action founded upon a state law is pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA). On April 2, 2003, the Supreme Court simplified the analysis to be used and reduced the scope of ERISA's preemptive powers by lowering the bar for claims to be classified as "related to the business of insurance".
Quackenbush
Mound Cotton Wollan & Greengrass

The extent to which a Liquidator or Receiver of a defunct insurer can be compelled to comply with an arbitration re.
Once Again, South Carolina Breaks New Ground On Hotly Debated Nexus Issues
Amy L. Silverstein of Morrison & Foerster LLP

This article focuses on the highlights of the case of City of Charleston v. Government Employees Insurance Co as it relates to Nexus tax issues.
MC Carran-Ferguson---NOT
Eugene Wollan of Mound Cotton Wollan & Greengrass

Sometimes, a cigar is just a cigar. Sometimes, it's a crime. By Eugene Wollan, ESQ. When I learned that the th.

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