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ARTICLE · 17 JANUARY 2018

2017 Insurance Practice Guide

The insurance regulatory framework in the United States has a rich history that dates back to the 19th century

United StatesInsurance

1. Regulation

1.1 Regulation of insurers and reinsurers

Historical background

The insurance regulatory framework in the United States has a rich history that dates back to the 19th century. In the 1869 Paul v. Virginia case, the Supreme Court held that "issuing a policy of insurance is not a transaction of commerce" and, as such, regulating and taxing the insurance business is a state responsibility. The states immediately began brainstorming regulatory approaches, which led to the 1871 formation of the National Insurance Convention, now known as the National Association of Insurance Commissioners (NAIC).

The NAIC

The NAIC is the US standard-setting and regulatory support organisation, created and governed by the 56 chief insurance regulators from the states, the District of Columbia and five US territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer review and co-ordinate their regulatory oversight.

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