In Part I, this Article examines and categorizes the state statutes that prohibit an insurance agent from returning a portion of his commission for the sale of the policy to the consumer. Part II discusses substantive due process' in the state courts. After briefly summarizing the rise and fall of federal substantive due process, this part explores the use of state constitutions as independent constitutional authority in the area of economic regulation. This part concludes that two distinct models of substantive due process analysis exist in the state courts. Part III comments on two recent cases where the validity of a state anti-rebate statute was challenged, and evaluates these holdings in light of the models identified in Part II. Finally, in Part IV, this Article discusses the implication of the alternative substantive due process models for the anti-rebate statutes in other states.
Robert H. II Jerry; Reginald L. Robinson, Statutory Prohibitions on the Negotiation of Insurance Agent Commissions: Substantive Due Process Review under State Constitutions, 51 Ohio St. L.J. 773, 822 (1990)