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DILLON v. COMBS

No. 89-2550.

895 F.2d 1175 (1990)

John J. DILLON III, Commissioner of the Department of Insurance of the State of Indiana, and the Department of Insurance of the State of Indiana, Plaintiffs-Appellees, v. Ted Allen COMBS, individually and as President of Medical Liability Purchasing Group, Inc., of Indiana, and Medical Liability Purchasing Group, Inc., of Indiana, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 15, 1990.

Rehearing and Rehearing Denied April 3, 1990.

Attorney(s) appearing for the Case

Terry G. Duga (argued), Dist. Atty. Gen., Office of Atty. Gen., Indianapolis, Ind., for plaintiffs-appellees.

James L. Petersen, Donald M. Snemis, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for defendants-appellants.

Before WOOD, Jr., FLAUM and EASTERBROOK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 3, 1990.

EASTERBROOK, Circuit Judge.

Concerned that state laws frustrated the formation of "purchasing groups" to serve as intermediaries in the insurance business, Congress enacted the Product Liability Risk Retention Act of 1981, Pub.L. 97-45, 95 Stat. 949, 15 U.S.C. §§ 3901-06. This statute overrides the privilege states otherwise enjoy under the McCarran...

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