Jay Angoff is a partner at M&S and heads the firm’s insurance practice. He previously served as the first director of the Affordable Care Act (ACA) implementation at the U.S. Department of Health and Human Services (HHS) and as the Missouri Insurance Commissioner, making him one of the few people to have served as both a state Insurance Commissioner and the chief federal insurance regulator.
He is currently counsel in cases challenging the practice of price optimization — charging policyholders based on their willingness to tolerate a price increase, rather than on the risk they present — as well as the systematic overcharging of enlisted members of the military.
Cases in which Mr. Angoff has obtained refunds for consumers overcharged by insurers include: Harris v. Farmers Insurance Exchange (Cal. Super. Ct., L.A. Cty.) ($15 million settlement), Landers v. Interinsurance Exchange of the Automobile Club (Cal. Super. Ct., L.A. Cty.) ($24 million settlement), Clutts v. Allstate (Ill. Cir.) ($6 million settlement), and Foundation for Taxpayer and Consumer Rights v. GEICO (Cal. Super. Ct., L.A. Cty.) (settlement valued at up to $12 million).
Mr. Angoff has also represented and advised state insurance departments in connection with proposed mergers and restructurings, including the Maryland, Pennsylvania, Montana, and Missouri Departments. He also represents and advises both for-profit and nonprofit organizations on the ACA and other insurance-related matters, including in rate proceedings before state regulators.
Mr. Angoff also serves as an expert witness on insurance-related issues. Among the issues he has testified on are: payments constituting illegal rebates; fronting arrangements; illusory coverage; duties of primary and excess insurers; an insurer’s duties in connection with its surplus; the scope of the business judgment rule; the insurable interest rule; the duty of an insurer to settle within policy limits when liability is reasonably clear; and the duty of the insured to inform the insurer of a material change in the risk. Although not an actuary, his knowledge of actuarial concepts enables him to go toe-to-toe with actuaries both as a litigator and as an expert witness.
Recent decisions making new law in which he has prevailed include St. Louis Effort for AIDS v. Huff, 782 F.3d 1016 (8th Cir. 2015), in which the 8th Circuit struck down a Missouri statute limiting the ability of ACA-authorized consumer assistance organizations to help consumers obtain health insurance, and Corbin v. Allstate, 140 N.E.3d 810 (Ill. App. Ct. 2019) in which the Illinois Appellate Court held that the filed rate doctrine does not apply to filed auto insurance rates in Illinois.
At HHS, Mr. Angoff’s responsibilities included developing the regulations implementing the ACA’s individual and small group market reforms, including the Patient’s Bill of Rights, Medical Loss Ratio rule and Rate Review rule; implementing the Consumer Assistance, Exchange, and Rate Review grant programs; and establishing the Early Retiree Reinsurance Program and Pre-existing Condition Insurance Plan. At HHS, Mr. Angoff also served as Senior Advisor to the Secretary and as Regional Director for Region VII, headquartered in Kansas City.
Between 1993 and 1998, Mr. Angoff served as Director of the Missouri Department of Insurance. There, he became one of the first Insurance Commissioners to order a traditionally nonprofit Blue Cross plan to establish a healthcare foundation with the full value of its assets. After five years of ultimately successful litigation, he oversaw the establishment of the foundation, the Missouri Foundation for Health, which is now one of the nation’s largest healthcare foundations with over $1.2 billion in assets. He also helped implement a health insurance exchange for state workers, which reduced their health insurance rates by up to 45%, and he established a competitive bidding process for workers compensation insurers that reduced workers comp rates by 24%. He also oversaw and accelerated the run-off of the Transit Casualty and Mission insolvencies, two of the largest and longest-running insurer insolvencies in the nation.
Prior to his service in Missouri, Mr. Angoff served as Deputy Insurance Commissioner of New Jersey and Special Assistant to the Governor for Health Insurance Policy. In those positions, he helped draft and implement New Jersey’s individual and small group reform laws. He is also one of the primary drafters of Proposition 103, the California auto insurance reform initiative approved by the voters in 1988.
Mr. Angoff began his career as an antitrust lawyer with the Federal Trade Commission. He also served as a staff attorney for Congress Watch, a public interest lobbying organization, as counsel to the National Insurance Consumer Organization, and as Vice President for Strategic Planning for Quotesmith.com (now insure.com), an internet quotation service and insurance broker.
He has written for The New York Times, The Washington Post, and The Wall Street Journal, among other publications, and has appeared on MSNBC and Fox News. He is the recipient of the James R. Kimmey Lifetime Achievement Award and the Rory Ellinger Award for Public Interest Litigation.
Mr. Angoff is a member of the District of Columbia, Missouri, New Jersey, and U.S. Supreme Court bars, and is a graduate of Oberlin College and Vanderbilt Law School.