Gerling Global Reinsurance Corp. of America; Gerling Global Reinsurance Corp. — U.S. Branch; Gerling Global Life Reinsurance Company; Gerling Global Life Insurance Company; Gerling America Insurance Company; and Constitution Insurance Corp., Plaintiffs-Appellees,
v.
Harry W. Low, in his capacity as the Commissioner of Insurance of the State of California, Defendant-Appellant.
Assicurazioni Generali, Plaintiff-Appellee,
v.
Harry W. Low, individually, and in his capacity as the Insurance Commissioner for the State of California, Defendant-Appellant.
Winterthur International America Insurance Company; Winterthur International America Underwriters Insurance Company; General Casualty Company of Wisconsin; Regent Insurance Company; Republic Insurance Company; Southern Insurance Company; Unigard Indemnity Company; Unigard Insurance Company; and Blue Ridge Insurance Company, Plaintiffs-Appellees,
v.
Harry W. Low, in his capacity as Insurance Commissioner for the State of California, Defendant-Appellant.
American Insurance Association and American Re-Insurance Company, Plaintiffs-Appellees,
v.
Harry W. Low, in his capacity as Insurance Commissioner for the State of California, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted January 9, 2001.
Filed February 7, 2001.
Attorney(s) appearing for the Case
Frank Kaplan, Alschuler Grossman Stein & Kahan, LLP, Los Angeles, California, Andrew W. Stroud, Mennemeier, Glassman & Stroud LLP, Sacramento, California, and Michael D. Ramsey, San Diego, California, for the defendant-appellant.
Kenneth S. Geller, Mayer, Brown & Platt, Washington, D.C.; Linda Dakin-Grimm and John C. Ashby, Milbank, Tweed, Hadley & McCloy LLP, Los Angeles, California; Frederick W. Reif, Wilson, Elser, New York, New York, and Timothy P. Grieve, Stevens & O'Connell LLP, Sacramento, California; and Peter Simshauser, Skadden, Arps, Slate, Meagher & Flom, LLP, Los Angeles, California, for the plaintiffs-appellees.
Daniel L. Siegel, Supervising Deputy Attorney General, State of California, Sacramento, California; Mark B. Stern and Douglas Hallward-Driemeier, Appellate Staff Civil Division, Department of Justice, Washington, DC; David A. Lash, Bet Tzedel Legal Services, Los Angeles, California; David O. Bucholz, Department of Justice, Civil Division, Washington, DC; and Daniel B. Price, Powell, Goldstein, Frazer & Murphy LLP, Washington, DC, for the amici curiae.
Before: Alfred T. GOODWIN, Susan P. GRABER, and Richard A. PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted January 9, 2001 — San Francisco, California.
GRABER, Circuit Judge:
Plaintiffs are three insurance companies and one trade organization of insurance companies who do business in California. They sued the California Commissioner of Insurance (Commissioner) seeking declaratory and injunctive relief to bar enforcement of the Holocaust Victim Insurance Relief Act of 1999 (HVIRA), Cal. Ins.Code §§ 13800-13807 (1999). The district...
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