The discussion in this Article is divided into four parts. Part I summarizes the landscape, past and present, with respect to insurer collaboration in underwriting. Part II considers whether, absent an antitrust exemption, multiinsurer agreements and collaborative insurer standard-setting with respect to underwriting violate federal antitrust law. This Part also evaluates whether insurers, to the extent potential federal liability exists, enjoy any kind of statutory or judicial exemption from federal law for such activities. Part III considers the same questions addressed in Part II but in the context of state antitrust laws. Because antitrust law, including the law of antitrust exemptions, is so vast and intricate, the discussion in this Article must necessarily be cursory in many respects. But the discussion will be detailed enough to provide a sense of the complexities involved in assessing the validity of a multi-insurer compact on the use of underwriting criteria. Finally, Part IV discusses the implications of the sometimes tentative conclusions in Parts II and III for collaborative insurer activity in this area.
Robert H. Jerry II,
The Antitrust Implications of Collaborative Standard Setting by Insurers Regarding the Use of Genetic Information in Life Insurance Underwriting, 9 Connecticut Insurance Law Journal 397
Available at: https://scholarship.law.missouri.edu/facpubs/924