GERLING GLOBAL REINSURANCE v. GARAMENDI

Nos. 04-15332, 04-15455.

400 F.3d 803 (2005)

GERLING GLOBAL REINSURANCE CORPORATION OF AMERICA, U.S. Branch; Gerling Global Life Reinsurance Company; Gerling Global Life Insurance Company; Gerling America Insurance Company; Constitution Insurance Company; Revios Reinsurance Canada, Ltd.; Revios Reinsurance U.S., Inc.; Assicurazioni Generali s.p.a.; American Insurance Association; American Re-Insurance Company, Plaintiffs-Appellants, and 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; Blue Ridge Insurance Co., Plaintiffs, v. John GARAMENDI, in his capacity as the Insurance Commissioner of the State of California, Defendant-Appellee. American Insurance Association; American Re-Insurance Company, Plaintiffs-Appellants, v. John Garamendi, in his capacity as the Insurance Commissioner of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2005.


Attorney(s) appearing for the Case

Charles A. Rothfeld, Mayer, Brown, Rowe & Maw, LLP, Washington, DC, for the plaintiffs-appellants.

Frank Kaplan, Alschuler Grossman Stein & Kahan, LLP, Santa Monica, CA, for the defendant-appellee.

Before: GOODWIN, GRABER, and PAEZ, Circuit Judges.


Opinion by Judge Goodwin; Concurrence by Judge Graber

GOODWIN, Senior Circuit Judge.

This case returns to our calendar for the fourth time following its journey to the Supreme Court. Plaintiffs, three insurance companies and one insurance trade association, originally brought this action against the California Commissioner of Insurance ("Commissioner") seeking to bar the enforcement of the Holocaust Victim Insurance Relief Act of 1999 ("HVIRA"), Cal. Ins.Code...

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