Federal lawmakers in both the House and Senate are drafting and plan to soon introduce bi-partisan legislation that would radically alter the insurance industry's long-standing exemption from federal antitrust law.

The House measure is being sponsored by Reps. Peter Fazio, D-Ore., Rep. Bobby Jindal, R-La., and Rep. Gene Taylor, D-Miss., among others, according to a memo obtained by National Underwriter that Rep. Taylor recently sent to House colleagues.

The legislation was scheduled to be introduced this week, but could be delayed so that companion legislation can be launched in the Senate at the same time.

Two of the sponsors of the bills--Rep. Taylor and Sen. Trent Lott, R-Miss.--are part of a group that recently agreed to settle legal battles with their insurer, State Farm, over damage to their Gulf Coast homes from Hurricane Katrina. But the settlement is being renegotiated to overcome objections raised by a federal court judge in Gulfport.

The bills would exempt the insurance industry from federal antitrust laws only to the extent each state had specifically established policies providing such an exemption. (See infographic linked below.)

The McCarran-Ferguson Act currently exempts the "business of insurance" from federal antitrust laws, to the extent that it is regulated by the states.

A key provision in the bill that gives the states broad authority to impose rate and coverage restrictions could provide state regulators with a lever to force insurers to maintain low rates, industry officials fear.

Insurance sector lobbyists said introduction of the legislation is expected to be the start of a continuing effort by coastal state legislators to pressure property-casualty insurers for quick hurricane claim settlements and continued windstorm coverage at reasonable rates in their areas.

The antitrust bill is identical to legislation introduced in the Senate last September by Sen. Arlen Specter, R-Pa., after insurance interests were successful in killing his asbestos injury bill.

In addition to the coming House antitrust bill, the Senate is expected to act shortly to put in bi-partisan legislation dealing with antitrust insurance issues.

The Senate bill will be sponsored by Sen. Specter, Senate Judiciary Committee Chairman Pat Leahy, D-Vt., Sen. Lott, R-Miss., and Sen. Mary Landrieu, D-La.

Sen. Leahy was co-author of the asbestos bill with Sen. Specter.

Sen. Landrieu is running for re-election in 2008. On Jan. 24, she was named by Sen. Joe Lieberman, D-Conn., who chairs the Homeland Security and Governmental Affairs Committee, to head a new Subcommittee on Disaster Recovery.

Insurance industry lobbyists said privately they believe Sen. Landrieu will use this committee to hold hearings that would draw focus on the many Louisiana insurance claims from Hurricanes Katrina and Rita that remain outstanding.

While Rep. Fazio is the prime sponsor for the House bill, the initiative for the measure comes from Rep. Taylor, who has outlined efforts to put a bi-partisan stamp on the bill in his memorandum.

Last week his staff sent all members of the House a memo obtained by NU, stating that: "Mr. Taylor will co-sponsor and also take a co-lead role in pushing for action on the bill." It noted that, "Rep. Bobby Jindal [R-La.] has signed on as a co-sponsor."

In his letter, Rep. Taylor's staff said: "We are seeking additional Republican co-sponsors before we introduce the bill. We hope to have an equal number of original sponsors from each party."

The letter adds: "Please let me know if your boss would like to be an original co-sponsor. We hope to introduce the bill next week."

Special Reports /

Congress To Consider Restricting McCarran Antitrust Exemption

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