Judge: No Intent Exists To Preempt State Law Against Insolvent Insurer

CONCORD, N.H. - The U.S. Department of Labor (DOL) failed to show a congressional intent to preempt the New Hampshire state priority law for purposes of its lawsuit against an insolvent insurance company and its liquidator regarding classification of the DOL's claim, a New Hampshire federal judge held Jan. 27, finding that the law is protected from federal intrusion under the McCarran-Ferguson Act (Hilda Solis, Secretary U.S. Department of Labor v. The Home Insurance Co. and Roger A. Sevigny, New Hampshire insurance commissioner, as liquidator of The Home Insurance Co., No. 10-572, D. N.H.; 2012 U.S. Dist. LEXIS 9551). Full story on lexis.com