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Last reviewed: 6 October 2026

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Who regulates insurance in the US: the states, the NAIC and the federal role, as federal law and the NAIC describe them

The short answer: Congress declared in the McCarran-Ferguson Act that continued regulation and taxation of insurance by the states is in the public interest, and the Act says the business of insurance, and every person engaged in it, is subject to "the laws of the several States which relate to the regulation or taxation of such business."[1][2] The NAIC describes itself as providing expertise, data and analysis for insurance commissioners, and says its members are state insurance regulators.[3] The federal government has a few specific roles, including a Treasury Department Federal Insurance Office whose statute says it has no general supervisory or regulatory authority over the business of insurance.[4]

The short version

The federal statute that leaves insurance to the states

The McCarran-Ferguson Act is codified at 15 U.S.C. 1011 to 1015.

SectionWhat it says (paraphrased)Source
1011 (declaration of policy)Congress declares that continued state regulation and taxation of insurance is in the public interest, and that silence by Congress is not to be construed as a barrier to it.[1]
1012(a) (state regulation)The business of insurance, and every person engaged in it, is subject to state laws that relate to its regulation or taxation.[2]
1012(b) (federal regulation)No Act of Congress is to be construed to invalidate, impair or supersede a state law enacted to regulate insurance unless the Act specifically relates to the business of insurance. After June 30, 1948, the Sherman Act, the Clayton Act and the Federal Trade Commission Act apply to insurance to the extent it is not regulated by state law.[2]
1013(b), (c)(1) (antitrust)Nothing in the chapter makes the Sherman Act inapplicable to an agreement to boycott, coerce or intimidate. Nothing in it modifies the operation of the antitrust laws with respect to the business of health insurance, with listed exceptions.[7]
1015 (definition)"State" includes the several States, Alaska, Hawaii, Puerto Rico, Guam and the District of Columbia.[8]

In practice, this is why an agent's license, a policy form and a complaint about an insurer are usually handled by the state where you live. See State insurance regulators: what five consumer pages list for what several states publish.

What the NAIC says it is

Our other guides describe several NAIC model laws, such as the anti-rebating model and the data security model. Each of those guides notes that state adoption varies.

The federal pieces

The Federal Insurance Office (Treasury)

Health insurance

Programs run under federal law

What this means when you check an agent or file a complaint

Because state law is the main layer, the first places to look are your state insurance department's licensee search and complaint process. Our license-check guide and complaint guide walk through both. Federal law can add rules for a particular product, such as health plans or Medigap, but it does not replace the state producer license.

How to verify this yourself

Read 15 U.S.C. 1011 to 1013 and 1015 and 31 U.S.C. 313, and read the NAIC's "About" page in its own words. Then open your own state insurance department's site and find its consumer page, which says which kinds of insurance it regulates.

What this page does not cover

We do not cover how each state is organized, which state officials appoint or elect the commissioner, how state insurance taxes work, antitrust litigation under the Act, the insurer-solvency role of state guaranty associations (see our guide on guaranty associations), or regulation of insurance in other countries. We do not grade any regulator or insurer. This is general information, not insurance or legal advice. For your own situation, ask your agent or insurer, or contact your state insurance regulator.

Your next step

Find your state's insurance department and bookmark its license-search and complaint pages. If you are checking a person who sells you coverage, start with how to check an agent's license.

Related checks

Our standard explains how we check an agent's license and disciplinary history. Check an agent reports our findings at category level, as a method and not a verdict. Neither reviews any insurer, plan or product. For the tool the NAIC runs for consumers, see how to use the NAIC Consumer Insurance Search. More plain-language guides are in the agent guides.

When we will update this page

We re-read the sources when they change. If something here is out of date, tell us. Corrections are dated on the page.

References

  1. [1] Cornell Law School Legal Information Institute, text of 15 U.S.C. § 1011 (McCarran-Ferguson Act: declaration of policy), read 6 October 2026 — law.cornell.edu/uscode/text/15/1011
  2. [2] Cornell Law School Legal Information Institute, text of 15 U.S.C. § 1012 (state and federal regulation), read 6 October 2026 — law.cornell.edu/uscode/text/15/1012
  3. [3] National Association of Insurance Commissioners, "About the NAIC", read 6 October 2026 — content.naic.org/about
  4. [4] Cornell Law School Legal Information Institute, text of 31 U.S.C. § 313 (Federal Insurance Office), read 6 October 2026 — law.cornell.edu/uscode/text/31/313
  5. [5] Cornell Law School Legal Information Institute, text of 42 U.S.C. § 300gg-22 (state and secretarial enforcement of health insurance requirements), read 6 October 2026 — law.cornell.edu/uscode/text/42/300gg-22
  6. [6] Cornell Law School Legal Information Institute, text of 42 U.S.C. § 4012a (flood insurance purchase and participation requirements), read 6 October 2026 — law.cornell.edu/uscode/text/42/4012a
  7. [7] Cornell Law School Legal Information Institute, text of 15 U.S.C. § 1013 (suspension until June 30, 1948 of certain Acts; boycott; health insurance), read 6 October 2026 — law.cornell.edu/uscode/text/15/1013
  8. [8] Cornell Law School Legal Information Institute, text of 15 U.S.C. § 1015 (definition of "State"), read 6 October 2026 — law.cornell.edu/uscode/text/15/1015
  9. [9] Cornell Law School Legal Information Institute, text of 42 U.S.C. § 1395ss (Medicare supplemental policies), read 6 October 2026 — law.cornell.edu/uscode/text/42/1395ss

What you can do next

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