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            • Bitcoin Price Volume Decline with Lowering Volatility
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      • Mortgage rates today, April 3, 2020 plus reviews
        • cmc currency details
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      • Microsoft Vulnerability: Hundreds of Microsoft Servers Contaminated By Crypto-Mining Botnet Since 2018
        • Cision PR Newswire
        • Coupons – Best websites
          • Aeromexico Rewards Chart
          • Get Avios Points Free
      • Today Bitcoin Price at $6,800 USD
      • Pandemic Is Changing BTC Usage in ‘Unexpected Ways’
      • Macropay on Alternative & local payment methods that are reshaping global e-commerce
      • Bank of America is preparing for a flood of Applications to Small-Business Loan
      • Microsoft might be the best tech stock in this market
      • US Airlines To Work Collectively, Consolidate Flights
      • Bank of America maintaining business continuity and protecting the bottom line
      • US long-term mortgage rates drop
      • Bitcoin Price Bulls have been rejected at $7,000
      • Stock Market: 4 Top Stock Trades for Wednesday: NVDA, AVGO, BAC, IQ
      • Stock Market April 2 – Edge Higher; Oil Surges, Bonds Fall, Dollar Rose
      • Chase bank will raise up to $10 billion
        • Bitcoin Price Simply Surged to $6,500 After Over 10% Weekend Crash
        • Today Bitcoin Price at $7,000: BTC Leaps to Retest $7,000
        • Bank of America agreed to allow 50,000 mortgage customers to defer payments
      • Bitcoin Price Prediction April: Three Key Causes Why BTC May Plunge Beneath $5,000
        • Roll up the Sleeves! American Airlines was down -10.34%
        • Mortgage calculator rates today April 2, 2020
        • Mortgage Calculator Small businesses: SB have ‘a million inquiries’ regarding check help loans
        • Bitcoin Price Today April 1 – Bitcoin Takes Tumble
          • With Bank of America card you can request a payment deferral online
            • Bank of America fields 150,000 installment deferral demands
          • Coronavirus – Travel Insurance no cover cancellations
            • Bank of America said it won’t cut any positions
        • Bitcoin Price Today April 2 – BTC rise to $6,700
        • Mortgage calculator rates today March 31, 2020
        • Bitcoin Price Momentum Sign Reverses, Bull Run Lastly Inbound?
        • Bitcoin Price Recovering After a Sharp Decline
        • Fintech News Airbnb – How hosts are fighting back against Covid-19 fallout
        • Market Stock Boeing – Challenging Times Ahead for Boeing Stock
      • Bank of America U.S. Minimum Hourly Wage Reaches $20
        • Bitcoin Price Bulls – is Forming a Bull Cross After Rallying to $6,500
        • P2P Crowdlending – Average Interest Rate 18%
        • $633 Million BTC Transferred For Simply $0.26 Payment
      • Prime ICO Advertising and marketing Companies
      • Bank of America will provide up to $250 million
      • Bank of America VC: You tend to do the wrong thing at the wrong time
        • Bitcoin Price Jump as Coronavirus Curve Begins to Flatten
          • Bitcoin Price Today April 3
          • Bitcoin Price Is Sometimes Bullish in Q2
          • Bitcoin Price Tumble Beneath $ 6,000
          • BTC Price Today 5 | April, 2020
          • Bitcoin Price and S&P 500 – Here’s how much bitcoin beat the Dow and S&P 500 in the first quarter
            • Today Bitcoin Price at $6,600
              • Bitcoin Price Bulls Reaches: “Live or Die”
              • BTC Price Today | 6 April 2020
        • Bank of America sees big year for Microsoft ahead
          • American Airlines coronavirus downgrade
            • Bitcoin Price Rejected $6,600
            • Bitcoin Price Trace It Will Fall to $ 5 K
            • BTC Price Today April 4
              • Stock Market Today 31 March, 2020
            • US Bank Raises $586M Against COVID-19
              • Bank of America’s Solid Liquidity to Help Covid-19 Crisis
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      • Mortgage calculator rates today April 1, 2020
      • Mortgage Calculator – Students Benefits
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      • Calculator for mortgage to millennials
      • Mortgage Calculator Modification – What Is?
      • Mortgage Calculator Canada: Rates Are Rising
      • Mortgage Calculator Home – Is it time to repair your own home mortgage?
      • Mortgage Calculator
      • Mortgage Calculator Rates Today April 3
      • Mortgage Calculator Online
      • Mortgage Calculator Coronavirus: UK mortgage market goes into lockdown
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      • Ask for Proposal
  • Insurtech
    • Insurtech “Best of…”
      • Best Life Insurance of 2020
      • The Best Renters Insurance Companies 2020
      • Best Pet Insurance Providers of 2020
      • Best Home Insurance Companies for 2020
      • Best Car Insurance Quotes Online
      • Best Homeowners Insurance Companies of 2020
    • Insurtech Guides
      • Insurance will not cover coronavirus losses
  • Lifestyle
    • Real Estate
      • Aston Martin Residences
      • The Best Miami Luxury Homes
    • Entertainment
      • Gambling
        • Understanding Different Types Of Online Slots
        • How to Read Odds: NBA Odds
        • Online Casinos
        • Betting
          • US Betting Sites
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          • Asia Betting Sites
          • The Best Sports Betting Sites
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          • NFL Betting Sites In 2021
      • Gaming
        • GameStop
        • Roblox
          • Is Roblox shutting down? Vs. Robox will be listed NYSE
      • Music
        • Spotify
    • Luxury
      • Most Expensive Watches
      • Best Luxury Clothing Brands
      • Best Luxury SUVs for 2020
      • Porsche
      • Luxury Yatchs
      • Best Luxury Cars
      • Best Luxury Sports Car
      • Best Electric Cars
      • Best Luxury Yoga Retreats
      • The Best Luxury Sports Cars
      • Best Time to Buy a Car
    • Health
      • Sex
      • Covid-19
        • Direct Payments in coronavirus
    • Tech
      • iPhone 12
  • Loans
    • Loans Guides
      • First time loan with no credit
      • Find the Best Private Lender for Personal Loans
      • Emergency personal loans for veterans
      • Fafsa deadline
      • Cash Loans
      • Bad Credit Loans
      • Bad Credit Loans Guaranteed Approval
      • Merrill Lynch Benefits
      • Loans CLO Pain Just Starting With Leveraged loan Rating Cuts
      • Can you get a loan without a bank account?
    • Loans “Best of….”
      • Best place to get an auto loan
      • Best Loan for Students – The Best Private Student Loans of 2020
      • Best Student Loan Refinance of 2020
      • Best Business Loan Lenders of 2020
      • Best Personal Loans of 2020
      • Best Auto Loan Rates for 2020
      • Best payday loans 2020
      • Best Online Loans for Bad Credit 2020
    • Loans Calculators
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      • Loan Calculator
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      • FHA loan calculator
      • Auto Loan Calculator
      • Boat Loan Calculator
    • Loans Companies
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      • Rocket Loans
      • Nelnet Student Loans
      • Wells Fargo Student Loans
      • Discover Student Loans
      • AES Student Loans
      • Amigo Loans
      • Likely Loans
      • Tesco Loans
      • Sunny Loans
      • Great Lakes Students Loans
      • Caliber Home Loans
    • Loans Types
      • Payday Loans Bad Credit
      • Online Loans
      • Personal Loan
      • Personal loans for debt consolidation 2020
      • Payday Loans
      • Auto Loan
      • Student Loans Calculator: Pause Scholar mortgage Funds
      • Payday Loans
  • Cryptocurrencies
    • Crypto “Best Of…”
      • Best Crypto Wallets 2020
      • Best Crypto Hardware Wallets of 2020
      • Best Cryptocurrency Exchange 2021
      • Best Crypto to Invest in
      • Greatest Cryptocurrency Tax Software program 2020
      • Best Crypto Trading Bot
      • Best Cryptocurrency Exchanges | April 2020
    • Wallets
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      • Crypto Exchange News
      • Exchange Fee
      • Crypto Exchange Ranking
    • Services – ICO
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      • ICO – Premium Listing
      • ICO Calendar
      • Greatest ICO itemizing websites ICO Score Businesses (2019) | Cryptocurrency ICO Checklist | ICO Calendar
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      • ICO – Connect Investors
      • Airdrops News
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      • Binance Coin
      • COINBASE
    • Top Cryptocurrencies
      • Tether
      • Bitcoin Cash
      • Dogecoin
      • Litecoin
      • Bitcoin
        • Bitcoin Guides
          • Bitcoin ATM near me
          • How to get a lot of bitcoin for free?
          • Bitcoin BTC Price
          • How to Buy Bitcoin
          • Bitcoin
          • Where to buy Bitcoin?
          • Bitcoin Price Guide
          • How to Mine Bitcoin on PC
          • Bitcoin Halving
          • How Long does it Take to Mine 1 Bitcoin?
          • What can you Buy with Bitcoin?
          • Easiest Way to Buy Bitcoin
          • Bitcoin Hoje
          • Bitcoin Halving
          • How to Make Money with Bitcoin
          • Bitcoin Price Prediction
          • Bitcoin Tax
          • Bitcoin Value
          • Bitcoin for Beginners
          • Mercado Bitcoin
        • Bitcoin Calculator
          • BTC to USD Converter
          • Bitcoin Preev
        • Bitcoin “Best of…”
          • 23 Best Place to Buy Bitcoin Online 2020
          • Bitcoin Betting
          • Best Bitcoin Sports Betting Sites 2020
        • Buy Bitcoin
          • Buy Bitcoin With Gift Card
          • Buy Bitcoin with Credit Card
          • Buy Bitcoin Cash
          • Buy Bitcoin Anonymously
          • Buy Bitcoin with credit card
          • Buy Bitcoin with Prepaid Card
          • Buy Bitcoin with Paypal
          • Buy Bitcoin Near Me
          • Buy and Sell Bitcoin
          • Buy Bitcoin: Best Ways to Buy BTC Instantly
          • Buy Bitcoin at Walmart
          • Buy Bitcoin ATM
          • Buy Bitcoin Through Paypal
          • Buy Bitcoin Without ID
        • Bitcoin Price
          • Bitcoin Price USD
          • Bitcoin Price Live
          • Bitcoin Price Live Ticker
          • BTC to USD
          • Price of Bitcoin
          • Price Charts – Bitcoin Price
          • Bitcoin 가격
          • Bitcoin Price Prediction
        • Bitcoin News
          • Current Bitcoin News
            • Bitcoin Price Analysis is now value as a lot as PayPal
            • Bitcoin Price Volume Decline with Lowering Volatility
      • Ethereum
        • Ethereum News
        • Ethereum Worth
      • Ripple
        • Ripple Price
        • Ripple News
        • Ripple
  • News
    • Fintech News Today
    • News
      • Mortgage rates today, April 3, 2020 plus reviews
        • cmc currency details
          • cmc exchange details
            • Shortcodes
      • Microsoft Vulnerability: Hundreds of Microsoft Servers Contaminated By Crypto-Mining Botnet Since 2018
        • Cision PR Newswire
        • Coupons – Best websites
          • Aeromexico Rewards Chart
          • Get Avios Points Free
      • Today Bitcoin Price at $6,800 USD
      • Pandemic Is Changing BTC Usage in ‘Unexpected Ways’
      • Macropay on Alternative & local payment methods that are reshaping global e-commerce
      • Bank of America is preparing for a flood of Applications to Small-Business Loan
      • Microsoft might be the best tech stock in this market
      • US Airlines To Work Collectively, Consolidate Flights
      • Bank of America maintaining business continuity and protecting the bottom line
      • US long-term mortgage rates drop
      • Bitcoin Price Bulls have been rejected at $7,000
      • Stock Market: 4 Top Stock Trades for Wednesday: NVDA, AVGO, BAC, IQ
      • Stock Market April 2 – Edge Higher; Oil Surges, Bonds Fall, Dollar Rose
      • Chase bank will raise up to $10 billion
        • Bitcoin Price Simply Surged to $6,500 After Over 10% Weekend Crash
        • Today Bitcoin Price at $7,000: BTC Leaps to Retest $7,000
        • Bank of America agreed to allow 50,000 mortgage customers to defer payments
      • Bitcoin Price Prediction April: Three Key Causes Why BTC May Plunge Beneath $5,000
        • Roll up the Sleeves! American Airlines was down -10.34%
        • Mortgage calculator rates today April 2, 2020
        • Mortgage Calculator Small businesses: SB have ‘a million inquiries’ regarding check help loans
        • Bitcoin Price Today April 1 – Bitcoin Takes Tumble
          • With Bank of America card you can request a payment deferral online
            • Bank of America fields 150,000 installment deferral demands
          • Coronavirus – Travel Insurance no cover cancellations
            • Bank of America said it won’t cut any positions
        • Bitcoin Price Today April 2 – BTC rise to $6,700
        • Mortgage calculator rates today March 31, 2020
        • Bitcoin Price Momentum Sign Reverses, Bull Run Lastly Inbound?
        • Bitcoin Price Recovering After a Sharp Decline
        • Fintech News Airbnb – How hosts are fighting back against Covid-19 fallout
        • Market Stock Boeing – Challenging Times Ahead for Boeing Stock
      • Bank of America U.S. Minimum Hourly Wage Reaches $20
        • Bitcoin Price Bulls – is Forming a Bull Cross After Rallying to $6,500
        • P2P Crowdlending – Average Interest Rate 18%
        • $633 Million BTC Transferred For Simply $0.26 Payment
      • Prime ICO Advertising and marketing Companies
      • Bank of America will provide up to $250 million
      • Bank of America VC: You tend to do the wrong thing at the wrong time
        • Bitcoin Price Jump as Coronavirus Curve Begins to Flatten
          • Bitcoin Price Today April 3
          • Bitcoin Price Is Sometimes Bullish in Q2
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Joe Biden – Joe Biden: Not Just President but Super-Superintendent of Insurance? | Arent Fox

Yuuma Nakamura by Yuuma Nakamura
January 29, 2021
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A.      The Federal Reserve May Again Supervise Non-Bank Companies Which Own Insurers

The federal Financial Stability Oversight Council, under the leadership of Treasury Secretary Yellen, will probably revive the Obama Administration view that large financial firms that own operating insurance companies are fit candidates for designation as “systemically important financial institutions,” whose solvency will ultimately be regulated by the Federal Reserve. Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act created the Council, and authorized it to make such designations, even though insurers themselves would remain subject to state regulation. The Council is comprised of key federal financial officials, such as the Chairman of the Federal Reserve Board of Governors, the head of the Securities and Exchange Commission, the Comptroller of the Currency, and the head of the Commodities Futures Trading Commission, with one member with insurance expertise. The head of the Federal Insurance Office is a non-voting member, as is one current state insurance regulator designated by the NAIC.

Beginning in 2012, AIG, and then Prudential, were designated as “systemically important financial institutions” (over the objection of the insurance expert in Prudential’s case). In 2014, MetLife was also so designated (again over the objection of the Council’s expert on insurance). In 2016, the federal District Court for the District of Columbia granted MetLife’s motion for summary judgment, holding that the Council had acted arbitrarily in designating MetLife without reasonably rigorous analysis. MetLife Inc. v. Financial Stability Oversight Council, 177 F. Supp. 3d 219 (D.D.C. 2016) (Collyer, J.). The Council appealed the decision.

The Trump Administration abandoned the Government’s appeal in Metlife Inc., and MetLife was formally de-designated in 2017. The other two designees who owned insurers were also subsequently de-designated.

Today, the Biden Administration’s financial regulatory agencies are stocked with Obama-era officials, such as Gary Gensler (nominated to be the SEC head), and Secretary Yellen herself (whom President Obama chose to be the Federal Reserve Chairman), both of whom had approved some of those prior designations. So one should not be surprised if large financial companies whose holdings include operating insurers are again under the Council’s scrutiny for Federal Reserve oversight. Hopefully, if any designations occur like those involving MetLife and Prudential, officials will heed Judge Collyer’s thoughtful opinion dissecting the flaws in the Council’s designation of MetLife, and any disputes between the Federal Reserve and state insurance regulators over the financial health of insurer subsidiaries will be resolved without harmful friction.

B.        Homeowners Insurance Companies Should Prepare for Greater HUD Oversight

By an Executive Order issued on January 26, 2021, President Biden has essentially directed the Department of Housing and Urban Development (HUD) to re-promulgate a 2013 regulation, which stated that homeowners insurance companies could be found to have violated Title VIII of the Civil Rights Act if their underwriting, rating, and claims-paying practices effected a “disparate impact” on classes of persons protected by the Act. See Implementation of the Fair Housing Act’s Discriminatory Effects Standard, 24 C.F.R. § 100.500. Under the Obama Administration, HUD expressly refused to categorically exempt state-regulated insurers from the scope of the regulation, notwithstanding the McCarran-Ferguson Act’s grant of authority to states to regulate the business of insurance unless the U.S. Congress has specifically legislated otherwise. Instead, the 2013 HUD regulation imposed a burden-shifting procedure under which a defendant insurer could argue that the challenged practice was actually mandated by state insurance regulation to achieve a legitimate, substantial, and nondiscriminatory interest, and, crucially, that this interest could not be served by a practice with a less discriminatory effect. In 2016, HUD reiterated its opposition to categorically exempting the insurance industry from the 2013 regulation. See 81 Fed. Reg. 69012 (10/05/16). Both the Property Casualty Insurance Association and the American Insurance Association brought separate suits to invalidate the 2013 HUD regulation insofar as it purported to apply to state-regulated insurers, and the PCIA obtained partial summary judgment. Property Cas. Insurers Ass’n of America v. Donovan, 66 F. Supp. 3d 1018, 1046–54 (N.D. Ill. 2014); Am. Ins. Ass’n v. HUD, No. 14-5321, 2015 U.S. App. LEXIS 16894 (D.C. Cir. Sep. 23, 2015), vacating, 74 F. Supp. 3d 30 (D.D.C. 2014).

Before the Associations’ respective suits were finally decided, however, the U.S. Supreme Court decided a non-insurance case in 2015 that involved disproportionate allocation of tax credits for low-income housing. The Court allowed certain well-pleaded “disparate impact” claims to be litigated under Title VIII, provided that the plaintiffs could plead and prove robust causality between the challenged practice and the allegedly discriminatory effect, and did not rely solely on statistical discrepancies. Tex. Dep’t of Housing & Cmty. Affairs, et al. v. The Inclusive Communities Project, Inc., et al., 135 S. Ct. 2507 (2015).

The Supreme Court decision resulted in the HUD regulation remaining on the books and nominally applicable to insurers, although the Trump Administration made no attempt to actually enforce the HUD regulation against insurers. In September 2020, the Trump Administration formally revised the HUD regulation and, as to insurance specifically, adopted the McCarran-Ferguson principle, stating that HUD would not apply the regulation in such a way as to impair, invalidate, or supersede any state law regulating the business of insurance. See 85 Fed. Reg. 60288 (Sep. 24, 2020). The day before the revised HUD regulation was to become effective, however, the federal District Court of Massachusetts stayed its effectiveness in a suit brought by two Massachusetts fair housing organizations, which attacked the revised regulation as inconsistent with both Title VIII and the 2015 Supreme Court decision. Mass. Fair Hous. Ctr. Inc. v. HUD, No. 1:20-cv-11765 (D. Mass.).

As one example of how a revived 2013 HUD regulation could affect homeowners insurers, the use of credit scoring as a valid underwriting tool, if expressly allowed under state law, might still be considered illegal under Title VIII, contrary to the decisions of both the Ninth Circuit and the Texas Supreme Court in Ojo v. Farmers Ins. Group, 600 F.3d 1205 (9th Cir. 2010) (certifying state law question to Texas Supreme Court); 356 S.W. 421 (Tex. Sup. Ct. 2011) (on certified question, court held that Texas law expressly allows use of credit scoring in underwriting homeowners’ coverage even if disparate impact results, so long as insurer does not engage in intentional racial discrimination).

On the other hand, in some instances, using underwriting and rating factors, such as educational attainment, that are illegal under state law for effecting unfair discrimination, could also be barred under Title VIII with no conflict between state and federal law. For example, the New York Department of Financial Services has barred auto insurance companies from using educational level or occupational status as a rating factor to effect unfair discrimination, even if the discrimination was not intentional. See 11 N.Y.C. R.R. Part 154.6 (“The insurers’ consideration of these factors has resulted in cases where classes of insureds have been placed in less favorably rated tiers, which may lead to higher premiums, without adequate substantiation that an individual’s level of education attained and/or occupational status relates to his or her driving ability or habits such that the insurer would suffer a greater risk of loss.”). A homeowners insurance company that, hypothetically, invariably charged college graduates in New York lower rates than high school dropouts may well be found to have violated both Article 23 of the New York Insurance Law and, under a resurrected HUD regulation, Title VIII of the Civil Rights Act.

Clearly, HUD under the Biden Administration will take a much more proactive approach to housing discrimination than its predecessor administration, which is likely to involve federal scrutiny of the operations of state-regulated insurance companies. We will continue to monitor and report to you pertinent developments in this regard.

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