Insolvent Insurers: Government Reverse-Preempted From Seeking Setoffs Of Debts

Mealey's (March 10, 2021, 3:55 PM EST) -- WASHINGTON, D.C. — A dispute subclass of insolvent insurers on Feb. 26 reiterated their argument asking the U.S. Court of Federal Claims to dismiss the U.S. government’s counterclaims for setoff, breach of statutory and regulatory duties, arguing that the government is reverse-preempted under the McCarran-Ferguson Act from seeking setoffs of debts against risk-corridor liabilities owed to the insurers under the Patient Protection and Affordable Care Act (ACA) risk corridor....