Finally, Mr. Chairman, the courts have held that a Federal statute will be deemed to invalidate, impair, or supersede State law whenever the State has regulated the same general subject within the business of insurance. Currently, all States specifically forbid unfair discrimination in the issuance or termination of property insurance. Thus, it appears that HUD's activities pursuant to the Fair Housing Act constitute a dual Federal-State system of regulating insurance discrimination, contrary to the letter and spirit of the McCarran- Ferguson act. Does the gentleman again concur that HUD's application of the Fair Housing Act to insurance is fundamentally at odds with McCarran- Ferguson?
Joseph Knollenberg: “Finally, Mr. Chairman, the courts have held that a Federal statute will be deemed to invalidate, impair, or supersede…”
Editor's note · Context
Discussing the implications of HUD's actions under the Fair Housing Act on state insurance laws.
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