§6714 Expedited and Equalized Dispute Resolution for Federal Regulators

Summary

Federal or State insurance regulators can ask the U.S. Court of Appeals to quickly decide disputes about whether a State insurance law or rule is overridden by Federal law. They must file in the Court of Appeals for the circuit 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 everyone agrees to more time. If someone wants the Supreme Court to review the appeals court decision, they must file that request as soon as possible after the decision. A challenge must be filed no later than the later of these two deadlines: 12 months after the first public announcement in its final form, or 6 months after it goes into effect. The court will decide the case on the merits under both State and Federal law. It must look at the type of product or activity and the history and purpose of its regulation, and not give unequal deference to either regulator.