Legal Opinion

George Fabe, Superintendent of Insurance, State of Ohio v. United States Department of the Treasury Mitchell A. Levine, Assistant Commissioner

Court of Appeals for the Sixth Circuit

Decided July 17, 1991No. 90-3364PublishedCited by 16 opinions

1Opinion of the Court

*343BOYCE F. MARTIN, Jr., Circuit Judge.

In this declaratory judgment action, the district court found that certain claims of the United States against an insolvent Ohio insurance company are entitled to priority as provided by 31 U.S.C. § 3713 (1988), notwithstanding contrary provisions of Ohio law. Because we find the Ohio insurance liquidation priority scheme at issue to be a regulation of the “business of insurance” within the meaning of the McCarran-Ferguson Act, 15 U.S.C. § 1012(b) (1988), and thus subject solely to the provisions of state law absent explicitly conflicting federal…

2Cases cited18 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Salve Regina College v. RussellSupreme Court of the United States · 1991
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. Paul v. VirginiaSupreme Court of the United States · 1869
  5. United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. United States Department of Treasury v. FabeSupreme Court of the United States · 1993
  2. Garcia v. Island Program Designer, Inc.Court of Appeals for the First Circuit · 1993
  3. Bennett v. Liberty National Fire Insurance CompanyCourt of Appeals for the Ninth Circuit · 1992
  4. Ticor Title Insurance Company v. Federal Trade CommissionCourt of Appeals for the Third Circuit · 1993
  5. Duryee v. United States Department of the TreasuryDistrict Court, S.D. Ohio · 1995

11 more not listed; retrieve them via the Exa API.

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