Spring 2014 Q4b
I understand that rating in concert is illegal due to the collusion aspect of the Sherman Act, however, wouldn't it still be allowed at this point because this was before the SEUA decision and therefore federal regulation doesn't apply since regulation is still at the state level?
Comments
Your questions is more relevant to the Porter.2-Devlpt section of the wiki. In there, the relevant passage is the following:
1945: McCarran-Ferguson Act
In 1945, Congress passed the McCarran-Ferguson Act in response to the Supreme Court ruling in the SEUA case. This Act:
essentially preserves the authority of states to regulate insurance
but federal laws applying exclusively to insurance supersede state laws
exempts insurance from most federal regulation including antitrust regulation, (not exempt from Sherman Antitrust Act)
but doesn't exempt boycott, coercion, intimidation regardless of state regulation