United States Ninth Circuit

In suit claiming that an order of the Nevada Commissioner of Insurance violated the Liability Risk Retention Act (LRRA), summary judgment for plaintiff is: 1) affirmed in part, where the district court correctly concluded that the LRRA preempted the Commissioner's order prohibiting the risk retention group from writing "first dollar" automobile liability insurance policies because the order made it unlawful for the group to operate in Nevada and no exception to exemption applies; and 2) vacated and remanded in part, as to the award of attorneys' fees because the LRRA does not confer a right to be free from state law that can be enforced under 42 USC section 1983, making fees under 42 USC section 1988 unavailable.

Appellate Information

• Decided 04/08/2013
• Published 04/08/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel