State Insurance Regulation
Whether the Fourth Circuit erred by refusing, contrary to longstanding principles of federalism and administrative law, to defer to the South Carolina Department of Insurance's interpretation of an insurance contract provision, where Congress has left the regulation of the insurance industry to the province of the States, and where the South Carolina legislature has entrusted that agency with statutory authority to approve and interpret insurance contracts, as well as to regulate, supervise, investigate and institute civil actions against insurers doing business within the state.
Brian Wolfman of Public Citizen assisted the respondent at the cert stage, and the Supreme Court denied cert. |