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15 U.S.C. § 1012Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948

submitted 81 years ago by ch. 20 to r/title-15-COMMERCE-AND-TRADE · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

States regulate and tax insurance unless a Federal law specifically concerns insurance. After June 30, 1948, specified Federal antitrust laws apply to insurance not regulated by State law.

(a) State regulation. Insurance and every person engaged in it are subject to State laws regulating or taxing insurance. (b) Federal regulation. An Act of Congress must not be read to invalidate, impair, or replace a State law regulating or taxing insurance unless the Federal Act specifically concerns insurance. After June 30, 1948, the Sherman Act, Clayton Act, and amended Federal Trade Commission Act apply to insurance to the extent State law does not regulate it.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (Mar. 9, 1945, ch. 20, § 2, 59 Stat. 34; July 25, 1947, ch. 326, 61 Stat. 448.)

history & why it existsrecord from the source credit
  • 1945Enacted · Act of Mar. 9, 1945, ch. 20 · 59 Stat. 34
  • 1947Amended · Act of July 25, 1947, ch. 326 · 61 Stat. 448

A history note hasn’t been published yet. The record shows enactment by ch. 20 on 1945-03-09.

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