Filed Rate Defense Retains Bite For Insurers

Law360, New York (October 18, 2013, 11:33 AM EDT) -- Two recent decisions dismissing antitrust claims against health care and property insurers serve as a reminder that the filed rate doctrine remains a potentially powerful defense for insurers when plaintiffs seek damages based on rates approved by a regulatory authority.

The filed rate doctrine was framed in Keogh v. Chicago and Northwest Railway, 260 U.S. 156 (1922). In Keogh, the plaintiffs claimed that the rates filed with and approved by the Interstate Commerce Commission had been inflated as a result of an antitrust conspiracy. The court...
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