United States Federal Circuit

The retroactive application of new priority statutes fails to constitute regulation of the business of insurance, as required by the McCarran-Ferguson Act. Thus, the McCarran-Ferguson Act does not prevent the preemption of provisions of state law that provide for the application of state priority laws to insolvency proceedings commenced before the enactment of the substantive change in the priority statute.

Appellate Information

• Decided 03/08/2006
• Published 03/08/2006

Judges

• GAJARSA, Circuit Judge., Before MICHEL, Chief Judge, BRYSON and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen S. Kaye, Bryan Cave LLP, of Washington, DC, for amicus curiae National Association of Insurance Commissioners., Frank S. Swain, Baker & Daniels LLP, of Washington, DC, for amici curiae National Organization of Life and Health Insurance Guaranty Associations and National Conference of Insurance Guaranty Funds.


• For Appellees:
  
• Douglas J. Schmidt, Blackwell Sanders Peper Martin LLP, of Kansas City, Missouri, argued for plaintiff-appellee.   With him on the brief were Ernest M. Fleischer and Michael D. Fielding., Robert W. Metzler, Attorney, Tax Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Eileen J. O'Connor, Assistant Attorney General and David I. Pincus, Attorney.