FIREMAN'S FUND INS. CO. v. QUACKENBUSH

No. 92-15861.

87 F.3d 290 (1996)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellant, and The American Insurance Company; National Surety Corp.; Associated Indemnity Corporation, et al., Plaintiffs, v. Chuck QUACKENBUSH, Commissioner, California Insurance Companies, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1996.

As Amended on Denial of Rehearing August 5, 1996.


Attorney(s) appearing for the Case

Thomas A. Swanson, General Counsel, Fireman's Fund Insurance Co., Novato, California; David M. Balabanian, Terry J. Houlihan, Stephanie N. Simonds, McCutchen, Doyle, Brown & Enersen, San Francisco, California, for plaintiffs-appellants Fireman's Fund et al.

William W. Palmer, General Counsel, Reid A. McClaran, Chief Counsel, Robert B. Hagedorn, Brian G. Soublet, Senior Staff Counsel, Department of Insurance; Michael J. Strumwasser, Fredric D. Woocher, Raleigh H. Levine, Strumwasser & Woocher, Santa Monica, California, for defendant-appellee Chuck Quackenbush, Commissioner, California Insurance Companies.

Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges.


D.W. NELSON, Circuit Judge:

Appellants Fireman's Fund and related insurance companies ("Fireman's Fund" or "the insurers") brought this action against Appellee John Garamendi,1 Insurance Commissioner for the State of California ("the Commissioner"), alleging that regulations promulgated by the Commissioner pursuant to an insurance rate rollback initiative violated the Takings, Commerce, Due Process, Equal Protection and Supremacy Clauses...

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