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GUARANTY NAT. INS. CO. v. GATES

No. 89-16288.

916 F.2d 508 (1990)

GUARANTY NATIONAL INSURANCE COMPANY; Nationwide Mutual Insurance Company; Farmers Insurance Exchange; Allstate Insurance Company; United Services Automobile Association; Safeco Insurance Company; Northland Insurance Company; State Farm Mutual Automobile Insurance Company, Plaintiffs-Appellants, v. David A. GATES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted January 16, 1990.

Decided September 27, 1990.

As Amended November 8, 1990.

Attorney(s) appearing for the Case

Frank Rothman, Darrel J. Hieber, Gary S. Glickman, Stephen J. McConnell, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, Cal., Robert R. Barengo, Reno, Nev., for plaintiffs-appellants Guar. Nat. Ins. Co., Nationwide Mut. Ins. Co., Allstate Ins. Co., United Services Auto. Ass'n, Safeco Ins. Co., Northland Ins. Co., and State Farm Mut. Auto. Ins. Co.

Casey W. Vlautin, Woodburn, Wedge & Jeppson, Reno, Nev., for plaintiff-appellant Farmers Ins. Exchange.

Brian McKay, Atty. Gen., Carson City, Nev., for defendant-appellee.

Before WALLACE, ALARCON and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

OVERVIEW

Eight insurance companies brought this action for injunctive and declaratory relief against the Insurance Commissioner of the State of Nevada. The insurers challenged the constitutionality of Chapter 784, 1989 Statutes of Nevada, enacted by the Nevada legislature in June of 1989.

Chapter 784 mandates a rollback of rates for motor vehicle liability insurance to the levels that were in effect on July 1, 1988. Additionally...

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