Ludwick v. Harbinger Group, Inc., No. 16-1561 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against F&G, an insurance company and its affiliates, under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1964(c), alleging that F&G committed numerous acts of mail and wire fraud in the course of a bookcooking scheme. The district court granted F&G's motion to dismiss for failure to state a claim on which relief can be granted based on the McCarran-Ferguson Act, 15 U.S.C. 1012(b). The court concluded that plaintiff's RICO claims would interfere with state regulation of the insurance business, and the claims were thus barred by the McCarran-Ferguson Act. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Wollman and Kelly, Circuit Judges] Civil case - RICO. Permitting plaintiff to pursue her racketeering claims against an insurance company and its affiliates would impair state regulation of insurance in three states, and the district court did not err in dismissing the suit as barred by the McCarran-Ferguson Act, 15 U.S.C. Section 1012(b).
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