CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Plaintiff-Appellee/Cross-Appellant,
v.
Alex M. AZAR II, Secretary of Health and Human Services; U.S. Department of Health & Human Services; Center for Medicare and Medicaid Services, Defendants-Appellants/Cross-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 16, 2019 Pasadena, California.
Filed October 10, 2019.
Attorney(s) appearing for the Case
Daniel Tenny (argued) and Alisa B. Klein , Appellate Staff; Nicola T. Hanna , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellants/Cross-Appellees.
Benjamin F. Aiken , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; John Blatt , National Conference of Insurance Guaranty Funds, Indianapolis, Indiana; Thomas Welsh , Orrick Herrington & Sutcliffe LLP, Sacramento, California; for Amicus Curiae National Conference of Insurance Guaranty Funds.
Xavier Becerra , Attorney General; Diane S. Shaw , Senior Assistant Attorney General; Lisa W. Chao , Supervising Deputy Attorney General; Laura E. Robbins , Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Amicus Curiae Dave Jones, Insurance Commissioner of the State of California.
Before: Jacqueline H. Nguyen and John B. Owens, Circuit Judges, and Michael M. Baylson, District Judge.
OPINION
NGUYEN, Circuit Judge:
California requires insurers providing certain types of coverage to participate in the California Insurance Guarantee Association ("CIGA"), which provides funding when a member insurer becomes insolvent and unable to pay its insureds' claims. State law prohibits CIGA from reimbursing state and federal government...
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