You are here:HomeIssuesProtecting State Insurance Regulation 2002PIA Files Petition For Rehearing in West Virginia OCC Challenge

PIA Files Petition For Rehearing in West Virginia OCC Challenge

On December 20, counsel for PIA filed a petition for rehearing in PIA's legal challenge to the Office of the Comptroller of the Currency's (OCC)...
December 23, 2002

On December 20, counsel for PIA filed a petition for rehearing in PIA's legal challenge to the Office of the Comptroller of the Currency's (OCC) Opinion that preempted certain provisions of West Virginia insurance law, arguing the following:

  1. The Court did not reach a consensus on a legal issue of critical importance to the resolution of this case;
  2. This case raises issues of exceptional importance regarding the future interpretation of a federal statute; and
  3. This case raises a question of exceptional importance regarding preemption of West Virginia Insurance Consumer Protection Laws that was wrongly decided in part due to a misapplication of the Supreme Court precedent.

What It Means to Agents:  After consulting with the PIA policy committees, we decided to proceed with the petition for rehearing. In addition, PIA already has a lawsuit pending against the OCC on the same issue in the U.S. District Court for the District of Columbia and has filed a friend-of-the-court brief in an action involving a similar OCC preemption opinion in Massachusetts.