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Principles of Insurance Law and Regulation

Hartford Fire Ins. Co. v. California

1. This is a very strange opinion in that parts of the majority opinion are written by Justice Souter and parts of it are written by Justice Scalia.

2. Would it be fair to say that the Court ends up interpreting the "boycott" exception to being pretty much exactly what happened to Captain Boycott? What if many members of Congress who voted for the McCarran Ferguson Act never heard of Captain Boycott. Should that matter?

3. Do you understand the difference the majority draws between a concerted refusal to deal and a boycott? Understand that, outside of insurance regulation, both are per se violations of the antitrust laws.