Molasky-Arman

I. Facts and proceedings below

Plaintiff-Appellee Council of Insurance Agents & Brokers (the Council) is a national trade association that represents more than 250 of the nation’s largest commercial property and casualty insurance agencies and brokerage firms. The Council’s members, which include corporations and partner- ships rather than individuals, place over eighty billion dollars in insurance premiums annually, which constitutes more than seventy-five percent of the commercial marketplace. The majority of the Council’s members sell insurance in more than one state, and in many cases in all fifty states, to large, sophisticated, commercial end-users that typically have multi- state exposures. Included in the Council’s members are insur- ance agencies and brokerage firms based outside of Nevada that sell insurance in Nevada.

In this case, the Council challenges Nevada’s “countersig- nature” statute, Nev. Rev. Stat. § 680A.300, which provides that no authorized insurer may make, write, place, or renew any insurance policy on persons, property, or risks in Nevada, “except through its duly appointed and licensed agents resi- dent in [Nevada], any one of whom shall…