Federal authorities should be given legal power to step in and prosecute misbehaving insurers if state prosecutors can't or won't do the job, a key senator declared last week.

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., made his comments during a hearing to examine potential language repealing McCarran-Ferguson Act protection exempting insurers from federal antitrust legislation and making insurance regulation the sole province of the states.

Sen. Specter argued that if the states aren't going to push for criminal prosecutions of insurance companies and their executives, then federal attorneys should be allowed to. "It's not sufficient to say that [state prosecutors] have the authority" to prosecute antitrust cases, he told Marc Racicot, president of the American Insurance Association. "The question is if they are using it."

Recommended For You

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.