Act of March 9, 1945
Chapter 20, as amended
59 Stat. 33, as amended
Act of March 9, 1945
ch20
116–327
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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McCarran-Ferguson Act
12153
79
1945-03-09
Act of March 9, 1945
[Commonly known as the McCarran-Ferguson Act]
[Chapter 20; Enacted March 9, 1945; 59 Stat. 33]
[As Amended Through P.L. 116–327, Enacted January 13, 2021]
[Currency: This publication is a compilation of the text of Chapter 20 of the 70th Congress. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

An Act
to express the intent of the Congress with reference to the regulation of the business of insurance.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Congress hereby declares that the continued regulation and taxation by the several States of the business of insurance is in the public interest, and that silence on the part of Congress shall not be construed to impose any barrier to the regulation or taxation of such business by the several States.
[15 U.S.C. 1011]
Sec. 2.
(a)
The business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business.
(b)
No Act of Congress shall be construed to invalidate, impair, or supersede any law enacted by any State for the purpose of regulating the business of insurance, or which imposes a fee or tax upon such business, unless such Act specifically relates to the business of insurance: Provided, That after June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as the Federal Trade Commission Act, as amended, shall be applicable to the business of insurance to the extent that such business is not regulated by State law.
[15 U.S.C. 1012]
Sec. 3.
(a)
Until June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as the Federal Trade Commission Act, as amended, and the Act of June 19, 1936, known as the Robinson-Patman Antidiscrimination Act, shall not apply to the business of insurance or to acts in the conduct thereof.
(b)
Nothing contained in this Act shall render the said Sherman Act inapplicable to any agreement to boycott, coerce, or intimidate, or act of boycott, coercion, or intimidation.
(c)
(1)
Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance and limited-scope dental benefits).
(2)
Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy—
(A)
to collect, compile, or disseminate historical loss data;
(B)
to determine a loss development factor applicable to historical loss data;
(C)
to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or
(D)
to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form.
(3)
For purposes of this subsection—
(A)
the term “antitrust laws” has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition;
(B)
the term “business of health insurance (including the business of dental insurance and limited-scope dental benefits)” does not include—
(i)
the business of life insurance (including annuities); or
(ii)
the business of property or casualty insurance, including but not limited to—
(I)
any insurance or benefits defined as “excepted benefits” under paragraph (1), subparagraph (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9832(c)) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section; and
(II)
any other line of insurance that is classified as property or casualty insurance under State law;
(C)
the term “historical loss data” means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and
(D)
the term “loss development factor” means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis.
[15 U.S.C. 1013]
Sec. 4.
Nothing contained in this Act shall be construed to affect in any manner the application to the business of insurance of the Act of July 5, 1935, as amended, known as the National Labor Relations Act, or the Act of June 25, 1938, as amended, known as the Fair Labor Standards Act of 1938, or the Act of June 5, 1920, known as the Merchant Marine Act, 1920.
[15 U.S.C. 1014]
Sec. 5.
As used in this Act, the term “State” includes the several States, Alaska, Hawaii, Puerto Rico, Guam,and the District of Columbia.
[15 U.S.C. 1015]
Sec. 6.
If any provision of this Act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.
[15 U.S.C. 1011 note]