United States v. Southeastern Underwriters Association (1944)

United States v. Southeastern Underwriters Association (1944) was a landmark case in the history of insurance regulation in the United States. Prior to this case, insurance was largely regulated at the state level, but this ruling established that insurance was also subject to federal regulation under the Commerce Clause of the U.S. Constitution.  

The case involved allegations of antitrust violations by a group of insurance companies known as the Southeastern Underwriters Association. The Supreme Court ultimately found that the companies had engaged in monopolistic practices, and in doing so, affirmed the authority of the federal government to regulate the insurance industry.  

As a result of this decision, Congress passed the McCarran-Ferguson Act in 1945, which allowed states to continue to regulate insurance but also provided a limited exemption from federal antitrust laws. Today, insurance regulation remains largely a state responsibility, but the federal government does have a role in overseeing certain aspects of the industry, such as the Affordable Care Act (ACA) and certain types of insurance sold across state lines.  

In terms of its impact on employee benefits, the United States v. Southeastern Underwriters Association case and the subsequent passage of the McCarran-Ferguson Act have helped to shape the regulatory framework for employer-sponsored insurance plans. While states have primary authority to regulate insurance, federal laws like ERISA and the ACA also impose requirements on employer-sponsored plans, such as minimum coverage standards and nondiscrimination rules.

Next Up

The latest economic release from the Bureau of Labor Statistics reports that the U.S. job market rebounded after a sluggish month in October to add 227 thousand new jobs last month as the unemployment rate ticked up slightly to 4.2%.
‍We are excited to announce the launch of Insights+, a service that enables employers to see exactly how their benefits measure up against the competition.
Each month, Mployer collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.