Whether the federal Liability Risk Retention Act preempts state laws prohibiting mandatory arbitration clauses in insurance contracts issued by risk retention groups

QUESTIONS PRESENTED 1. As to a risk retention group (RRG), does the federal Liability Risk Retention Act of 1986 (LRRA), 15 U.S.C. §3901 et seq., preempt authority of the individual States to enact laws prohibiting mandatory arbitration clauses in insurance contracts when such contracts are issued within the State’s borders? 2. If so, how then may the individual States effectively ensure jurisdiction over its insured residents for purposes of enforcing the State’s consumer protection laws, tort laws, and/or have the ability to interpret insurance contracts as contemplated under the LRRA? 3. Does the reverse preemption provision of the McCarran-Ferguson Act (“MFA”), 9 U.S.C. § 1012(b) operate to save the State’s law prohibiting arbitration provisions in insurance contracts as applied to foreign risk retention groups?