United States Dept. of Treasury v. Fabe

In United States Dept. of Treasury v. Fabe, 508 U.S. 491 [1993] the Court held that to the extent an Ohio insurance liquidation statute "serves to ensure that, if possible, policyholders ultimately will receive payment on their claims," it regulates "the business of insurance" (at 506). The Court pointed out the unusual effect of the act, stating (at 507): "it transformed the legal landscape by overturning the normal rules of pre-emption. Ordinarily, a federal law supersedes any inconsistent state law. The first clause of 2(b) reverses this by imposing what is, in effect, a clear-statement rule, a rule that state laws enacted 'for the purpose of regulating the business of insurance' do not yield to conflicting federal statutes unless a federal statute specifically requires otherwise."