INSURANCE ACT1

(MCCARRAN-FERGUSON ACT)

[PUBLIO LAW 15, 79TH CONGRESS, APPROVED MARCH 9, 1945 (59 STAT. 88, AS AMENDED; 15 U.S.C. 1011).] AN ACT To express the intent of the Congress with reference to the regulation of the business of insurance.

REGULATION BY STATES OF INSURANCE IN THE PUBLIC INTEREST' (59 Stat. 38; 15 U.S.C. 1011).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the 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.

APPLICATION OF STATE AND FEDERAL LAWS TO INSURANCE (59 Stat. 84; 61 Stat. 448; 15 U.S.C. 1012).

Smo. 2. (a) 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) 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, shall be

1 As amended by Public Law 288, 80th Cong., approved July 25, 1947 (61 Stat. 448).

"This caption and each other caption that precedes each section of this Act are not provisions of the Act. Such captions are additions made by the editors of this compilation.

Regulation of insurance.

Intent of
the Congress.

Insurance subject to State laws.

Effect of

federal laws.

Boycotts, etc.

Separability of provisions.

such business is not regulated by State law.

APPLICABILITY OF FEDERAL ANTITRUST LAWS TO INSURANCE (59 Stat. 34; 61 Stat. 448; 15 U.S.C. 1018).

SEC. 3. (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, as amended, and the Act of June 19, 1936, known as the Robinson-Patman Antidiscrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.

(b) Nothing contained in this Act shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.

APPLICATION OF LABOR AND MERCHANT MARINE ACTS TO INSURANCE (59 Stat. 34; 15 U.S.C. 1014).

SEC. 4. Nothing contained in this Act shall be construed to affect in any manner the application to the business of insurance of the Act of July 5, 1985, as amended, known as the National Labor Relations Act, or the Act of June 25, 1988, as amended, known as the Fair Labor Standards Act of 1988, or the Act of June 5, 1920, known as the Merchant Marine Act, 1920.

TERM "STATE" DEFINED (59 Stat. 84; 70 Stat. 908; 15 U.S.C. 1015).

SEC. 5. As used in this Act, the term "State" includes the several States, Alaska, Hawaii, Puerto Rico, Guam, and the District of Columbia.

SEPARABILITY OF PROVISIONS (59 Stat. 84; 15 U.S.C. 1011, note).

SEC. 6. If any provision of this Act, 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.

Approved March 9, 1945.

3 Amended August 1, 1956 (70 Stat. 908) to include “Guam”.