Hunton Insurance Recovery Blog

On March 31 and April 15, we wrote blog posts (which can be accessed here and here) about a D.C. federal judge's decision to rescind MetLife's systematically important financial institution (SIFI) status. On October 24, a D.C. Circuit three-judge panel heard oral argument of the appeal of that decision. The federal government advocated to reinstate MetLife's "too big to fail" designation by arguing that regulators were not required to prove the insurance giant was likely to collapse before imposing enhanced federal oversight. Conversely, attorneys for MetLife argued that the Financial Stability Oversight Council (FSOC) acted arbitrarily by not partaking in any threshold analysis of how MetLife would be vulnerable to a financial collapse.

Yesterday, a federal judge in the District of Columbia rescinded a regulatory order designating MetLife as a systemically important financial institution (“SIFI”). In December 2014, MetLife joined AIG and Prudential as the only insurance companies designated as SIFIs – a designation that subjected the insurers to additional regulation by the Federal Reserve and additional capital requirements. Unlike AIG and Prudential, MetLife took its challenge to the federal courts. And yesterday the court rewarded MetLife’s persistence.

The court released only a two-page ...