WADSWORTH v. ALLIED PROFESSIONALS INS. CO.

No. 13-1163-CV.

748 F.3d 100 (2014)

Renata WADSWORTH, Plaintiff-Appellant, v. ALLIED PROFESSIONALS INSURANCE COMPANY, A Risk Retention Group, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2014.


Attorney(s) appearing for the Case

Michael C. Perehinec JR. , Holmberg, Galbraith & Miller, LLP, Ithaca, NY, for Plaintiff-Appellant Renata Wadsworth.

Rick A. Cigel ( Michael B. Kadish , on the brief), The Cigel Law Group, P.C., Los Angeles, CA, for Defendant-Appellee Allied Professionals Insurance Company, a Risk Retention Group, Inc.

Jeffrey B. Randolph , Law Offices of Jeffrey Randolph, Glen Rock, NJ, for Amicus Curiae National Risk Retention Association.

Before: LEVAL, CALABRESI and LYNCH, Circuit Judges.


GERARD E. LYNCH, Circuit Judge:

The federal Liability Risk Retention Act of 1986, 15 U.S.C. § 3901, et seq. ("the LRRA" or "the Act"), contains sweeping preemption language that sharply limits the authority of states to regulate, directly or indirectly, the operation of risk retention groups chartered in another state. Id. § 3902(a). A provision of New York's insurance law requires that any insurance policy issued in that state contain a provision...

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