1. Home
  2. Browse Decisions
  3. F.2d
  4. 555 F.2d
  5. 555 F.2d 3 (1977)
 

BARRY v. ST. PAUL FIRE & MARINE INS. CO.

No. 76-1226.

555 F.2d 3 (1977)

David M. BARRY, M.D., et al., Plaintiffs, Appellants, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 16, 1977.

Attorney(s) appearing for the Case

Leonard Decof, Providence, R. I., with whom Mark S. Mandell and Leonard Decof, Ltd., Providence, R. I., were on brief, for appellants.

Sidney S. Rosdeitcher, New York City, with whom Paul, Weiss, Rifkind, Wharton & Garrison, Jack Hassid, New York City, Hinckley, Allen, Salisbury & Parsons, Thomas D. Gidley, Stephen J. Carlotti, Providence, R.I., Covington & Burling, Charles Lister, Jonathan M. Weisgall, Washington, D. C., Carroll, Kelly & Murphy, and Joseph A. Kelly, Providence, R. I., were on brief, for Aetna Casualty & Surety Co., Hartford Casualty Co. and Hartford Fire Insurance Co., appellees.

Walker B. Comegys, Washington, D. C., with whom Powers & Hall, Washington, D. C., Kirk Hanson, David P. Whitman, Hanson, Curran, Bowen & Parks, Joseph V. Cavanagh, and Higgins, Cavanagh & Cooney, Providence, R. I., were on brief, for St. Paul Fire & Marine Ins. Co. and Travelers Ins. Co., appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.

COFFIN, Chief Judge.

The primary issue presented by this appeal is whether a "consumer" of insurance can sue an insurance company for violating the antitrust laws. Under the McCarran-Ferguson Act, 15 U.S.C. §§ 1011-15, "the business of insurance" is exempted from antitrust regulation to the extent that it is regulated by the states. Id. § 1012(b). But McCarran-Ferguson does not confer a blanket immunity: insurers are subject to the Sherman Act...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases