SOA FSA Module: Regulation and Taxation – Removed Content
Module Overview Domestic/Foreign/Alien Insurance Companies U.S. insurance departments classify insurance companies as “domestic,” “foreign” and “alien.” Insurance companies formed outside the United States may be authorized to do business in the United States. These non-U.S. companies are called “alien”. The McCarran-Ferguson Act Regulation of life insurance in the United States has always been primarily a responsibility of the various states, as originally the sale of life insurance contracts was considered to be a local event and not interstate commerce. However, in 1944, a Supreme Court ruling (the South-Eastern Underwriters Association case) stated that insurance was indeed interstate commerce and therefore subject to federal regulation. One result of this decision was that the Sherman Act, the Clayton Act and the Federal Trade Commission Act would all apply to the business of insurance. Among other things, these acts would have seriously restricted or outlawed the ability of insurance companies to use data from rating bureaus (which combine information from many insurance companies) for ratemaking purposes. This decision caused both insurance regulators and insurance companies to ask the U.S. Congress to pass a law permitting the regulation of insurance to remain at the state level. Congress agreed and passed the McCarran-Ferguson Act in …