Title 15 — Commerce and TradeRelease 119-73not60

§6714 Expedited and Equalized Dispute Resolution for Federal Regulators

Title 15 › Chapter 93— INSURANCE › Subchapter I— STATE REGULATION OF INSURANCE › § 6714

Last updated Apr 3, 2026|Official source

Summary

Federal or State insurance regulators can ask a U.S. Court of Appeals for quick review when they disagree about whether a State insurance law, rule, order, or interpretation is overridden by Federal law. They may file in the circuit court where the State is or in the D.C. Circuit. The appeals court must finish the case and issue a decision within 60 days of the filing unless every party agrees to more time. If a party wants the Supreme Court to review the appeals court decision, they must ask the Court as soon as possible after the decision. A petition under this rule must be filed no later than the later of these two deadlines: 12 months after the first public notice of the final action, or 6 months after the action takes effect. The appeals court must decide the case on the merits. It must consider both State and Federal law, the kind of insurance product or activity, and the history and purpose of the rules, and it must not favor one side by giving extra weight to that side’s views.

Full Legal Text

Title 15, §6714

Commerce and Trade — Source: USLM XML via OLRC

(a)In the case of a regulatory conflict between a State insurance regulator and a Federal regulator regarding insurance issues, including whether a State law, rule, regulation, order, or interpretation regarding any insurance sales or solicitation activity is properly treated as preempted under Federal law, the Federal or State regulator may seek expedited judicial review of such determination by the United States Court of Appeals for the circuit in which the State is located or in the United States Court of Appeals for the District of Columbia Circuit by filing a petition for review in such court.

(b)The United States Court of Appeals in which a petition for review is filed in accordance with subsection (a) shall complete all action on such petition, including rendering a judgment, before the end of the 60-day period beginning on the date on which such petition is filed, unless all parties to such proceeding agree to any extension of such period.

(c)Any request for certiorari to the Supreme Court of the United States of any judgment of a United States Court of Appeals with respect to a petition for review under this section shall be filed with the Supreme Court of the United States as soon as practicable after such judgment is issued.

(d)No petition may be filed under this section challenging an order, ruling, determination, or other action of a Federal regulator or State insurance regulator after the later of—

(1)the end of the 12-month period beginning on the date on which the first public notice is made of such order, ruling, determination or other action in its final form; or

(2)the end of the 6-month period beginning on the date on which such order, ruling, determination, or other action takes effect.

(e)The court shall decide a petition filed under this section based on its review on the merits of all questions presented under State and Federal law, including the nature of the product or activity and the history and purpose of its regulation under State and Federal law, without unequal deference.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6714

Title 15 — Commerce and Trade

Last Updated

Apr 3, 2026

Release point: 119-73not60