This is a postscript to the article posted here on Monday, March 21, 2022. We apparently have more federal court rulings of state filed insurance rate defenses to look forward to.
The Second Circuit has been one of the most emphatic advocates of federal courts declaring state filed insurance rate doctrine. In a recent iteration of their view, a panel of the Second Circuit rejected the plaintiff-appellant's resort to state insurance law to resolve the state's filed insurance rate doctrine:
Finally, [plaintiff-appellant] contends that the district court failed to apply Connecticut law, which he asserts has not adopted the filed rate doctrine. We have repeatedly held, however, that the filed rate doctrine precludes both federal and state claims.
Lewis v. M&T Bank, No. 21-933, 2022 WL 775758, at *3 (2d Cir. March 15, 2022).
Here's what they were really saying in their last sentence quoted above:
We have repeatedly held, however, that the [federal] filed rate doctrine precludes both federal and state claims.
(Emphasis added.)
This works out in reality to mean, of course, that federal judges know best, and in this case, that means that the federal filed rate doctrine preempts all state law on filed insurance rates.
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