The question of whether a nonchartering state has the authority to issue a unilateral cease-and-desist order against a risk retention group licensed by another state was recently answered by the California U.S. District Court.

The U.S. District Court, Eastern District of California, ruled on March 7, enjoining California's insurance commissioner from taking any action to enforce its cease-and-desist order issued against a Montana-domiciled risk retention group, and from issuing any other orders or decrees concerning the RRG in question.

In the order issued by Judge Frank C. Damrell Jr., the court found "serious questions raised, regarding whether the [California] commissioner had the authority to issue the cease-and-desist order at issue in this motion."

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