Guardian Flight LLC v. Godfread, No. 19-1343 (8th Cir. 2021)Annotate this Case
At issue in this case are two provisions of North Dakota Senate Bill 2231. The first prohibits air ambulance providers from directly billing out-of-network insured patients for any amount not paid for by their insurers (the payment provision). The second prohibits air ambulance providers or their agents from selling subscription agreements (the subscription provision).
Guardian Flight filed a declaratory judgment action claiming that both provisions are preempted under the Airlines Deregulation Act (ADA). Defendants responded that, even if preempted, the provisions were saved under the McCarran-Ferguson Act. The district court concluded that although the ADA preempted both provisions, the McCarran-Ferguson Act saved the subscription provision.
The Eighth Circuit agreed with the district court's ADA preemption analysis and concluded that the ADA preempts both the payment provision and the subscription provision. However, the court held that the McCarran-Ferguson Act does not apply because the provisions were not enacted "for the purpose of regulating the business of insurance." Accordingly, the court affirmed in part, reversed in part, and remanded with instructions.