Restoration Risk Retention Group, Inc. v. Gutierrez

Ct. of Appeals remanded to Dist. Ct. plaintiff-risk retention group’s appeal of order that granted defendants’ motion for partial summary judgment in action seeking declaration that defendants’ interpretation of Wisc. statute (section 101.654(2)(a)) that required plaintiff’s insured shareholders (as dwelling contractors) to obtain Certificate of Authority issued by state agency to satisfy their financial responsibility requirements, as opposed to obtaining insurance through plaintiff, which was not otherwise authorized in Wisconsin to provide insurance to said shareholders. While plaintiff alleged that section 101.654(2)(a) was preempted by Liability Risk Retention Act and that defendants’ interpretation of section 101.654(20(a) violated its equal protection and due process rights, record showed that section 101.654(2)(a) had been amended during instant appeal that would thus allow dwelling contractors additional option to select insurer that was eligible to provide insurance as surplus lines insurer in one or more states in order to satisfy its financial responsibility requirements. As such, Ct. of Appeals remanded matter back to Dist. Ct. for determination as to whether plaintiff qualified to provide insurance under amended section 101.654(2)(a), which may moot instant case.