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Two recent news stories–dealing with banking and the airlines–make me wonder more than ever about the wisdom of letting Uncle Sam regulate the insurance industry outright. State oversight has its faults, but I fear consumers could be worse off if states are stripped entirely of their authority to hold insurers accountable for poor market conduct.


On Dec. 4, the U.S. 2nd Circuit Court of Appeals in Manhattan upheld a lower court ruling that the Comptroller of the Currency has exclusive authority over federally-chartered banks.

Washington initiated the legal challenge when then New York Attorney General (now governor) Eliot Spitzer launched a probe into the lending practices of three national banks, and indicated he had evidence they had violated state civil rights laws. The probe revolved around whether the banks were charging higher interest rates on mortgages to minorities.

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