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Allen v. Pacheco

6/9/2003

miums is aimed at the business of regulating insurance. So, for example, legislation requiring drivers to wear seat belts or motorcycle riders to wear helmets would be aimed at the business of regulating insurance because it could have an effect on insurance premiums. In short, I suggest that the interpretation the Majority affords the McCarran-Ferguson Act sweeps with a broad and wide arc that could swallow federal preemption under the Supremacy Clause.


II. Conclusion


Accordingly, although I concur in portions of the Majority opinion, I dissent from the ultimate result and would instead reverse the court of appeals' opinion and uphold the trial court's judgment enforcing the arbitration award.


I am authorized to state that JUSTICE BENDER joins in this dissent.






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