Phillip M. Proctor, D/B/A Proctor Auto Service v. State Farm Mutual Automobile Insurance Company

561 F.2d 262, 182 U.S. App. D.C. 264
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 22, 1977
Docket76-1183
StatusPublished
Cited by35 cases

This text of 561 F.2d 262 (Phillip M. Proctor, D/B/A Proctor Auto Service v. State Farm Mutual Automobile Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillip M. Proctor, D/B/A Proctor Auto Service v. State Farm Mutual Automobile Insurance Company, 561 F.2d 262, 182 U.S. App. D.C. 264 (D.C. Cir. 1977).

Opinions

McGOWAN, Circuit Judge:

Appellants, owners of four automobile repair shops, brought suit in the District Court alleging that the claims adjustment and settlement practices of five automobile insurance companies involved price-fixing and a group boycott in violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The District Court granted summary judgment in favor of the insurance companies, 406 [264]*264F.Supp. 27 (D.D.C.1975), on the basis of the McCarran-Ferguson Act, 15 U.S.C. §§ 1011-1015, which confers broad antitrust immunity upon the “business of insurance,” to the extent such business is regulated by state law.1 Although the McCarran Act provides that the Sherman Act shall remain applicable to “any agreement to boycott, coerce, or intimidate, [and to any] act of boycott, coercion, or intimidation,”2 the District Court concluded that appellants’ allegations were insufficient to satisfy this “boycott exception” to the McCarran Act’s antitrust exemption.

On appeal the District Court’s decision is challenged in two respects. Appellants assert, first, that the disputed insurance company practices are not the “business of insurance” within the meaning of the McCar-ran Act; and, second, that material issues of fact precluding summary judgment were raised under the boycott exception, properly construed. These questions are not free from difficulty, given the rhetorical impre-cisions of the McCarran Act. Although we cannot agree with all of the District Court’s reasoning on the boycott issue, we affirm.

I

Appellants’ complaint charged that appel-lees had engaged in a combination and conspiracy to (1) fix the prices at which automobile repairs are made and, more specifically, the hourly labor rates paid to repair shops, the time allowances for repair jobs, and the prices for parts used in making repairs; (2) coerce and intimidate repair shops to complete work for insured parties at the fixed prices; and (3) boycott shops, such as those owned by appellants, which refused to accede to the fixed rates.3 Treble damages and injunctive relief were requested pursuant to section 4 of the Clayton Act, 15 U.S.C. § 15.

After three years of extensive discovery, a more refined version of the price-fixing allegation emerged: appellants asserted that the five insurance companies had entered into a horizontal agreement to pay or reimburse their policyholders according to a common formula which involved the “prevailing labor rate,” a standardized estimate of the amount of labor required, and a compulsory discount on parts. They characterized as the “core” of their case the alleged combination and conspiracy to utilize only the prevailing labor rate in adjusting and settling claims. Although it was not contended that the different insurance companies had in fact employed a common hourly rate at all times,4 or agreed to set [265]*265the hourly rate at a particular dollar amount, appellants averred that the agreement to adhere to the prevailing rate had the illegal purpose and effect of slowing down legitimate increases in the price of repairs.

Elaborating somewhat on the claim of coercion and intimidation made in the complaint, appellants alleged that the horizontal agreement was implemented through “vertical arrangements” with “captive” or “preferred” repair shops who, under economic pressure, committed themselves to do repairs for insureds at the prevailing labor rate. Appellants were able to add little to their charge that appellees engaged in a group boycott of non-cooperative shops, contending only that each insurance company used drive-in claims facilities to set the amounts to be paid on each claim and, in some cases, directed insureds to preferred repair shops. It was not alleged that appel-lees had circulated lists of shops to be blacklisted on the one hand or favored on the other, nor was it argued that individual insurance companies had entered into combinations or conspiracies with their policyholders to boycott appellants’ shops.

Appellees moved for summary judgment on two grounds: first, the asserted failure of appellants to adduce any evidence in support of their charges of horizontal agreement, and second, even assuming the truth of appellants’ allegations, the immunity of the alleged practices from the federal antitrust laws by virtue of the McCarran-Ferguson Act. The District Court granted the motions on December 18, 1975, relying primarily on the second ground.

The court observed that the controverted practices, if in fact indulged by the insurance companies, would be an integral part of the claims adjustment and settlement process and, as such, would qualify as the “business of insurance” within the meaning of the McCarran Act. The court based this holding on its reading of the leading case of SEC v. National Securities, Inc., 393 U.S. 453, 89 S.Ct. 564, 21 L.Ed.2d 668 (1969), and, more specifically, on the following conclusion:

To conclude, the settlement and payment of damage repair claims is (1) a basic part of the contractual obligation owed by the insurance company to the insured, whether or not the payment is made to the insured or on his behalf, (2) directly affects the rate-making structure of the insurance company and the level of premiums to be charged, and (3) is connected directly with the writing of the policy, its interpretation and enforcement. The practices challenged here are peculiar to the business of insurance within the meaning of the McCarran Act.

406 F.Supp. at 30 (emphasis in original).5 The court also found that the challenged practices are regulated by state law to the degree required to support an exemption from federal law under the Act.6

Appellants’ attempt to avoid the McCar-ran exemption through allegations of boycott, coercion, and intimidation was rejected on both factual and legal grounds. The court concluded, first, that “the claims of dispute as to material fact in this connection are vague and lack adequate record support.”7 Second, and in the district judge’s assessment “perhaps more important,” the court held that even if appellants’ [266]*266charges were sufficiently documented, the boycott exception would be inapplicable as a matter of law. This latter holding was rested on a line of lower court cases which had given a narrow construction to the exception, reading it only to encompass blacklists of insurance companies or agents by other insurance companies or agents. Id. at 32, citing Transnational Insurance Co. v. Rosenlund, 261 F.Supp. 12, 16-27 (D.Ore. 1966); Mitgang v. Western Title Insurance Co., 1974 Trade Cas. ¶ 75,322, at 98,026 (N.D.Cal.1974); Addrisi v. Equitable Life Assurance Society, 503 F.2d 725 (9th Cir. 1974), cert. denied, 420 U.S. 929, 95 S.Ct. 1129, 43 L.Ed.2d 400 (1975); Meicier v. Aetna Casualty & Surety Co., 506 F.2d 732, 734 (5th Cir. 1975), aff'g 372 F.Supp. 509 (S.D. Tex.1974).

II

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Bluebook (online)
561 F.2d 262, 182 U.S. App. D.C. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillip-m-proctor-dba-proctor-auto-service-v-state-farm-mutual-cadc-1977.