ALLIANCE OF NONPROFITS FOR INSURANCE, RISK RETENTION GROUP, Plaintiff-Appellee,
v.
Scott J. KIPPER, Commissioner of Insurance of the State of Nevada, Defendant, and
Department of Business and Industry, Division of Insurance; State of Nevada; Scott J. Kipper, Commissioner of Insurance of the State of Nevada, Defendants-Appellants.
Alliance of Nonprofits for Insurance, Risk Retention Group, Plaintiff-Appellee,
v.
Scott J. Kipper, Commissioner of Insurance of the State of Nevada; Department of Business and Industry, Division of Insurance; State of Nevada, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Kimberly Maxson-Rushton (briefed and argued), Cooper Levenson April Niedelman & Wagenhein, P.A., Las Vegas, NV, for Plaintiff-Appellee.
Robert H. Myers, Jr. and Cindy Chang , Morris Manning & Martin, LLP, Washington, D.C., for Amici Curiae Captive Insurance Companies Association, National Risk Retention Association, Nevada Captive Insurance Association, and Vermont Captive Insurance Association.
Susan Stapp , Assistant Chief Counsel; Jill A. Jacobi (argued), Senior Staff Counsel, California Department of Insurance, San Francisco, CA, for Amicus Curiae California Insurance Commissioner Dave Jones.
Daniel Labrie , Housing Authority Risk Retention Group, San Francisco, CA, for Amicus Curiae Housing Authority Risk Retention Group, Inc.
Clifford Peterson and David Cassetty , Vermont Department of Banking, Insurance, Securities, and Health Care Administration, Montpelier, VT, for Amicus Curiae Vermont Department of Banking, Insurance, Securities, and Health Care Administration.
Robert M. McKenna , Attorney General; Marta U. DeLeon , Assistant Attorney General, Olympia, WA, for Amicus Curiae Washington State Insurance Commissioner Mike Kreidler.
Before: JEROME FARRIS, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
N.R. SMITH, Circuit Judge:
The Liability Risk Retention Act (the "LRRA") broadly preempts "any State law, rule, regulation, or order to the extent that such law, rule, regulation, or order would ... make unlawful, or regulate, directly or indirectly, the operation of a risk retention group." 15 U.S.C. § 3902(a)(1). This provision preempts the Order of the Nevada Commissioner of Insurance (the "Commissioner...
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