<em>MMIA v. Bozeman</em>: Insurance, Reinsurance, and the Boundaries of McCarran-Ferguson Reverse Pre-emption

Phillips, E. Lars

Journal: Montana Law Review Online

Volume: 77

Year: 2016

Bluebook Citation: 77 MONT. L. REV. ONLINE (2016)

Author: E. Lars Phillips: all 7 publications


Abstract

Does the Federal Arbitration Act preempt Mont. Code Ann. § 275-114(2)(c), which invalidates arbitration agreements in insurance policies except those found in contracts between insurance companies, in spite of the McCarran-Ferguson Act’s reverse preemption provision, which delegates the regulation of the business of insurance to the states?

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