Paul v. Virginia (1868)

Paul v. Virginia was a landmark decision by the U.S. Supreme Court in 1868 that clarified the federal government's limited role in regulating insurance. This case established that insurance is not interstate commerce and, therefore, is not subject to federal regulation under the Commerce Clause of the U.S. Constitution.

Key features of Paul v. Virginia:

  • State Regulation: The decision upheld the traditional approach to insurance regulation, which delegated primary regulatory power to the individual states. This meant that states had the authority to regulate and oversee insurance companies operating within their borders.

  • Interstate Commerce: The Court ruled that insurance transactions are not part of interstate commerce, and therefore are not subject to federal regulation under the Commerce Clause of the U.S. Constitution. This decision established the foundation for the McCarran-Ferguson Act of 1945, which gave states the authority to regulate insurance.

  • Impact on Employee Benefits: The Paul v. Virginia decision has had a significant impact on the regulation of employee benefits, particularly in the areas of health and disability insurance. Because insurance is regulated at the state level, there is significant variation in the rules and regulations governing employee benefits across different states. This has made it challenging for employers to design and administer benefit plans that comply with all applicable state regulations.

Next Up

Mployer is pleased to announce the winners of its sixth annual Top Employee Benefits Consultant Awards for 2026, recognizing brokerage offices nationwide that deliver exceptional value and client satisfaction in employee benefits. The program highlights nearly 1,000 brokerage office locations, approximately 10% of offices nationally, that have demonstrated excellence in benefit strategy and client outcomes, underscoring the critical role advisors play in shaping the health, welfare, and employee experience of more than 160 million Americans.
This month, Catalyst makes prospecting and outreach easier with AI-powered email creation, more powerful search filters, improved industry and Workers' Comp data, broader access to Mployer data through AI assistants, and improvements to Advanced Analytics.
According to Mployer Insights’ 2026 analysis of 76,000+ employer benefit plans, basic group life insurance achieves near-universal participation with an 83% employer offer rate and a 97% employee enrollment rate, driven by the fact that 96% of basic plans are noncontributory (100% employer-paid). While 47% of employers structure life insurance as a variable multiple of earnings—with 1x salary serving as the dominant national standard (62% of multiple-based plans)—flat-dollar benefit options vary widely from $8,500 (10th percentile) to $48,793 (90th percentile). Additionally, 92% of employers offer employee-paid voluntary life insurance to allow workers to bridge the gap toward the recommended 10–12x salary coverage target.