BestWeek: Industry Watchers Scrutinize Supreme Court Nominee's Insurance Stance.

OLDWICK, N.J. -- President Bush's nomination of John G. Roberts to fill the associate justice slot on the U.S. Supreme Court vacated by Sandra Day O'Connor has left observers trying to scour his relatively scant record to parse where he stands on a range of hot-button issues, and insurers are no exception.

But whereas conservative and liberal activists are looking for signs of his stances on abortion and the separation of church and state, insurers are hoping the nominee, currently a judge on the U.S. Circuit Court of Appeals for the D.C. Circuit, is open to lending an impartial ear to business concerns.

Roberts served only two years as a judge, and his record in either prosecuting or deciding insurance-related cases is relatively sparse. However, as a private-practice attorney in 2002, he represented Rush Prudential HMO Inc. in a case before the Supreme Court, arguing that Illinois' independent medical review law was pre-empted by the Employee Retirement Income Security Act.

The positions Roberts advocated as an attorney, both in private practice and with the solicitor general's office, may not represent his "true" opinions on a given subject, Walter K. Olson, a senior fellow at the Manhattan Institute, said in an exclusive interview in the July 25 BestWeek. However, his experience as a Washington-based attorney is likely to inform Roberts' views on such issues as pre-emption, administrative law and separation of powers, Olson said.

Other exclusive content in the July 25 issue of BestWeek:

--Why passage of some form of insurance terrorism backstop seems to be assured, with even the program's biggest congressional critic--Senate Banking Committee Chairman Richard Shelby, R-AL--declaring "it would be unacceptable for us not to do anything."

--In the wake of 2004's brutal hurricane season, how Florida's Legislature is making several changes in insurance law.

--Why Dane Douetil, group chief executive of Brit Insurance Holdings plc (LSE:BRE) and recently elected chairman of the Lloyd's Market Association, is determined to reverse a trend that has seen London become a smaller part of the global insurance market.

BestWeek is published by A.M. Best Co. for insurance professionals, including home office executives, agents and brokers.

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