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Georgetown Law Library

Insurance Law Research Guide

This guide provides a starting point for research in insurance law in the United States.

Contents

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Statutes & Regulations

This section lists and describes statutory and regulatory law sources specific to insurance law. For information on statutory research more generally, see the Library's Statutory Research Tutorial.

Lexis State Codes, Constitutions, Court Rules & ALS, All- Selected Insurance Material: This database "contains the statutory codes, state constitutions, court rules and current year slip laws (advance legislative service), as applicable, from the 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands."

National Association of Insurance Commissioners (NAIC) Model Laws (available through Lexis): This database contains "every NAIC Model Law, Regulation and Guideline published." It contains references to legislative histories and case law for each model law, and is updated quarterly.

Westlaw Annotated Multistate Insurance Statutes: This database contains insurance statutes from all 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, the Cayman Islands, and Bermuda.

Westlaw Insurance Regulations Suite: "Insurance Regulations Suite has insurance-related rules and regulations from all 50 states, the District of Columbia, and the Code of Federal Regulations. Coverage varies by jurisdiction."

U.S. Code Annotated-Insurance (FIN-USCA) (available through Westlaw): This database contains sections of the U.S. Code Annotated which are relevant to the insurance industry and insurance policies.

Important Federal Statutes:

The Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101 et seq.

  • The ADA prohibits employers from discriminating against disabled employees' use of employer-sponsored health insurance plans.

Employee Retirement Income Security Act (ERISA), 29 U.S.C.A. §§ 1001 et seq.

  • In addition to regulating retirement plans, ERISA also regulates employee benefits such as group life and health insurance.

The Family and Medical Leave Act (FMLA), 29 U.S.C.A. §§ 2601 et seq.

  • The FMLA gives employees the right to maintain health insurance coverage while on leave for medical reasons or to take care of a family member.

The Patient Protection and Affordable Care Act, 42 U.S.C.A. §§ 18001 et seq.

  • The health care reform law passed in 2010 will eventually prohibit health insurance companies from denying coverage or claims on the basis of pre-existing conditions. It will also establish health insurance exchanges and will eventually require all Americans to maintain health insurance coverage.