Love v. Money Tree, Inc.

SEARS, Presiding Justice.

We granted certiorari in this case to consider whether the sale of memberships in automobile clubs constitutes the sale of insurance. The Court of Appeals held that it did not, 1 but, for the reasons that follow, we conclude that it does. This conclusion means that we must also address whether the McCarran-Ferguson Act 2 (the “MFA”) preempts the Federal Arbitration Act 3 (“FAA”) and prohibits the enforcement of a clause in the parties’ loan agreement that requires any disputes to be resolved by arbitration. Because the application of the FAA would impair a statute of…