Council of Ins. Agents Brokers v. Molasky-Arman, CIV.A. CV-S-02-0813.
| Decision Date | 12 October 2004 |
| Docket Number | No. CIV.A. CV-S-02-0813.,CIV.A. CV-S-02-0813. |
| Parties | COUNCIL OF INSURANCE AGENTS + BROKERS and Rebecca Restrepo, Plaintiffs, v. Alice A. MOLASKY-Arman, in her official capacity as Nevada Commissioner of Insurance, Defendant. |
| Court | U.S. District Court — District of Nevada |
Ike Lawrence Epstein (Nevada Bar No. 4594), J. Christopher Jorgensen (Nevada Bar No. 5283), Beckley Singleton, Chtd, Las Vegas, Scott A. Sinder, Christy Hallam DeSanctis, Kristin Pierce Barry, Collier Shannon Scott, PLLC, Washington, DC, for Plaintiff, Council of Insurance Agents & Brokers.
ORDER GRANTING PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT
In this action, the Plaintiffs Council of Insurance Agents + Brokers ("The Council") and Rebecca Restrepo ("Restrepo") challenge Nevada's "countersignature" law, Nev.Rev.Stat. § 680A.300, that precludes an insurance agent or broker who is duly licensed by the State of Nevada but resides outside the state from placing coverage in the state without the participation of — and payment of a substantial share of the premium to — a licensed agent who resides within the State. The Council and Restrepo challenge Nevada's countersignature law under the Privileges and Immunities Clause and Equal Protection Clause of the United States Constitution.
The Defendant Nevada Commissioner of Insurance, in her official capacity, asserts that both The Council and Restrepo lack standing to present these claims. The Commissioner also asserts the statutes are constitutional. Each side has moved for summary judgment.
Restrepo is a nonresident insurance broker licensed to do business within the State of Nevada. She has placed, and continues to place, insurance contracts on risks located, in part or in whole, within the State. The record reveals that Restrepo, individually, has suffered, and continues to suffer, economic and other forms of injury because of the requirements imposed upon nonresident insurance agents and brokers by the Nevada countersignature law. Thus, Restrepo has standing to pursue this litigation.
The Council, as a trade association, represents the interests of its member firms and their officers, directors, principals, and employees. Because its members' officers, directors, principals, and employees, including Restrepo, have been injured by the countersignature law, The Council has representative standing to assert the underlying constitutional claims on their behalf.
The effect and only discernible purpose of the statute is to protect the financial interests of agents who...
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Council of Ins. Agents & Brokers v. Molasky-Arman
...that it violates the Privileges and Immunities Clause of Article IV and the Equal Protection Clause of the Fourteenth Amendment. 358 F.Supp.2d 981, 982-83. The district court stayed its injunction pending appeal, and Defendant-Appellant Alice Molasky-Arman, Nevada Commissioner of Insurance ......
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Council of Ins. Agents & Brokers v. Juarbe-Jimenez, No. CIV. 04-1556(JAF).
...claims brought on behalf of Puerto Rico licensed, but nonresident, agents and brokers. Id. at 1310; Council of Ins. Agents + Brokers v. Molasky-Arman, 358 F.Supp.2d 981, 982 (D.Nev.2004). Defendant's summary judgment motion is, therefore, denied. Docket Document No. B. Plaintiff's Cross-Mot......