Check whether state insurance law or a federal insurance statute governs the contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the contract and the facts, list the state connection and any federal statute the lawyer names. Do not decide that the Insurance Contracts Act applies, and do not decide the governing law.
- What the lawyer must review
- 15 U.S.C. § 1011 declares that continued regulation and taxation by the several States of the business of insurance is in the public interest, and that silence by Congress shall not be construed to impose any barrier to that regulation or taxation. Section 1012(a) subjects the business of insurance to state laws which relate to the regulation or taxation of that business. Section 1012(b) says an Act of Congress does not invalidate, impair, or supersede a state law enacted for the purpose of regulating the business of insurance, or a state fee or tax on that business, unless the Act specifically relates to the business of insurance. You decide whether a federal statute specifically relates to the business of insurance. The Insurance Contracts Act 1984 (Cth) is not that statute.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.