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15 USC CHAPTER 20 - REGULATION OF INSURANCE 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 20 - REGULATION OF INSURANCE

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CHAPTER 20 - REGULATION OF INSURANCE

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Sec.

1011. Declaration of policy.

1012. Regulation by State law; Federal law relating specifically to

insurance; applicability of certain Federal laws after June 30,

1948.

(a) State regulation.

(b) Federal regulation.

1013. Suspension until June 30, 1948, of application of certain

Federal laws; Sherman Act applicable to agreements to, or acts

of, boycott, coercion, or intimidation.

1014. Effect on other laws.

1015. ''State'' defined.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 6701 of this title.

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15 USC Sec. 1011 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 20 - REGULATION OF INSURANCE

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Sec. 1011. Declaration of policy

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Congress hereby declares that the continued regulation and

taxation by the several States of the business of insurance is in

the public interest, and that silence on the part of the Congress

shall not be construed to impose any barrier to the regulation or

taxation of such business by the several States.

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(Mar. 9, 1945, ch. 20, Sec. 1, 59 Stat. 33.)

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SHORT TITLE

Act Mar. 9, 1945, ch. 20, 59 Stat. 33, which is classified to

this chapter, is popularly known as the ''McCarran-Ferguson Act''.

SEPARABILITY

Section 6 of act Mar. 9, 1945, provided: ''If any provision of

this Act (this chapter), or the application of such provision to

any person or circumstances, shall be held invalid, the remainder

of the Act, and the application of such provision to persons or

circumstances other than those as to which it is held invalid,

shall not be affected.''

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15 USC Sec. 1012 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 20 - REGULATION OF INSURANCE

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Sec. 1012. Regulation by State law; Federal law relating

specifically to insurance; applicability of certain Federal

laws after June 30, 1948

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(a) State regulation

The business of insurance, and every person engaged therein,

shall be subject to the laws of the several States which relate to

the regulation or taxation of such business.

(b) Federal regulation

No Act of Congress shall be construed to invalidate, impair, or

supersede any law enacted by any State for the purpose of

regulating the business of insurance, or which imposes a fee or tax

upon such business, unless such Act specifically relates to the

business of insurance: Provided, That after June 30, 1948, the Act

of July 2, 1890, as amended, known as the Sherman Act, and the Act

of October 15, 1914, as amended, known as the Clayton Act, and the

Act of September 26, 1914, known as the Federal Trade Commission

Act, as amended (15 U.S.C. 41 et seq.), shall be applicable to the

business of insurance to the extent that such business is not

regulated by State Law.

-SOURCE-

(Mar. 9, 1945, ch. 20, Sec. 2, 59 Stat. 34; July 25, 1947, ch. 326,

61 Stat. 448.)

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REFERENCES IN TEXT

Act of July 2, 1890, as amended, known as the Sherman Act,

referred to in subsec. (b), is classified to sections 1 to 7 of

this title.

Act of October 15, 1914, as amended, known as the Clayton Act,

referred to in subsec. (b), is act Oct. 15, 1914, ch. 323, 38 Stat.

730, as amended, which is classified generally to sections 12, 13,

14 to 19, 20, 21, and 22 to 27 of this title and to sections 52 and

53 of Title 29, Labor. For further details and complete

classification of this Act to the Code, see References in Text note

set out under section 12 of this title and Tables.

Act of September 26, 1914, known as the Federal Trade Commission

Act, as amended, referred to in subsec. (b), is classified

generally to subchapter I (Sec. 41 et seq.) of chapter 2 of this

title. For complete classification of this Act to the Code, see

section 58 of this title and Tables.

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AMENDMENTS

1947 - Act July 25, 1947, substituted ''June 30, 1948'' for

''January 1, 1948''.

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15 USC Sec. 1013 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 20 - REGULATION OF INSURANCE

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Sec. 1013. Suspension until June 30, 1948, of application of

certain Federal laws; Sherman Act applicable to agreements to,

or acts of, boycott, coercion, or intimidation

-STATUTE-

(a) Until June 30, 1948, the Act of July 2, 1890, as amended,

known as the Sherman Act, and the Act of October 15, 1914, as

amended, known as the Clayton Act, and the Act of September 26,

1914, known as the Federal Trade Commission Act (15 U.S.C. 41 et

seq.), and the Act of June 19, 1936, known as the Robinson-Patman

Anti-Discrimination Act, shall not apply to the business of

insurance or to acts in the conduct thereof.

(b) Nothing contained in this chapter shall render the said

Sherman Act inapplicable to any agreement to boycott, coerce, or

intimidate, or act of boycott, coercion, or intimidation.

-SOURCE-

(Mar. 9, 1945, ch. 20, Sec. 3, 59 Stat. 34; July 25, 1947, ch. 326,

61 Stat. 448.)

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REFERENCES IN TEXT

Act of July 2, 1890, as amended, known as the Sherman Act,

referred to in subsecs. (a) and (b), is classified to sections 1 to

7 of this title.

Act of October 15, 1914, as amended, known as the Clayton Act,

referred to in subsec. (a), is act Oct. 15, 1914, ch. 323, 38 Stat.

730, as amended, which is classified generally to sections 12, 13,

14 to 19, 20, 21, and 22 to 27 of this title and to sections 52 and

53 of Title 29, Labor. For further details and complete

classification of this Act to the Code, see References in Text note

set out under section 12 of this title and Tables.

Act of September 26, 1914, known as the Federal Trade Commission

Act, referred to in subsec. (a), is generally classified to

subchapter I (Sec. 41 et seq.) of chapter 2 of this title. For

complete classification of this Act to the Code, see section 58 of

this title and Tables.

Act of June 19, 1936, known as the Robinson-Patman

Anti-Discrimination Act, referred to in subsec. (a), is act June

19, 1936, ch. 592, 49 Stat. 1526, known as the Robinson-Patman

Antidiscrimination Act and also as the Robinson-Patman Price

Discrimination Act, which enacted sections 13a, 13b, and 21a of

this title and amended section 13 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 13 of this title and Tables.

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AMENDMENTS

1947 - Act July 25, 1947, substituted ''June 30, 1948'' for

''January 1, 1948''.

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15 USC Sec. 1014 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 20 - REGULATION OF INSURANCE

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Sec. 1014. Effect on other laws

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Nothing contained in this chapter shall be construed to affect in

any manner the application to the business of insurance of the Act

of July 5, 1935, as amended, known as the National Labor Relations

Act (29 U.S.C. 151 et seq.), or the Act of June 25, 1938, as

amended, known as the Fair Labor Standards Act of 1938 (29 U.S.C.

201 et seq.), or the Act of June 5, 1920, known as the Merchant

Marine Act, 1920 (46 App. U.S.C. 861 et seq.).

-SOURCE-

(Mar. 9, 1945, ch. 20, Sec. 4, 59 Stat. 34.)

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REFERENCES IN TEXT

Act of July 5, 1935, as amended, known as the National Labor

Relations Act, referred to in text, is act July 5, 1935, ch. 372,

49 Stat. 449, as amended which is classified generally to

subchapter II (Sec. 151 et seq.) of chapter 7 of Title 29, Labor.

For complete classification of this Act to the Code, see section

167 of Title 29 and Tables.

Act of June 25, 1938, as amended, known as the Fair Labor

Standards Act, referred to in text, is classified generally to

chapter 8 (Sec. 201 et seq.) of Title 29. For complete

classification of this Act to the Code, see section 201 of Title 29

and Tables.

Act of June 5, 1920, known as the Merchant Marine Act, 1920,

referred to in text, is classified principally to chapter 24 (Sec.

861 et seq.) of Title 46, Appendix, Shipping (except for sections

repealed or reenacted in Title 46, Shipping). For complete

classification of this Act to the Code, see section 889 of Title

46, Appendix, and Tables.

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15 USC Sec. 1015 01/06/03

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CHAPTER 20 - REGULATION OF INSURANCE

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Sec. 1015. ''State'' defined

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As used in this chapter, the term ''State'' includes the several

States, Alaska, Hawaii, Puerto Rico, Guam, and the District of

Columbia.

-SOURCE-

(Mar. 9, 1945, ch. 20, Sec. 5, 59 Stat. 34; Aug. 1, 1956, ch. 852,

Sec. 4, 70 Stat. 908.)

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AMENDMENTS

1956 - Act Aug. 1, 1956, included ''Guam'' in definition of

State.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 FR 81, 73 Stat. c16, and Hawaii

was admitted into the Union on Aug. 21, 1959, on issuance of Proc.

No. 3309, Aug. 21, 1959, 24 FR 6868, 73 Stat. c74. For Alaska

Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set

out as a note preceding section 21 of Title 48, Territories and

Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491

of Title 48.

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