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COUNCIL OF INSURANCE AGENTS + BROKERS v. GALLAGHER

No. 4:02cv208-RH.

287 F.Supp.2d 1302 (2003)

COUNCIL OF INSURANCE AGENTS + BROKERS, Plaintiff, v. Tom GALLAGHER, in his official capacity as Commissioner of Insurance for the State of Florida, Defendant.

United States District Court, N.D. Florida, Tallahassee Division.

September 30, 2003.

Attorney(s) appearing for the Case

Scott A. Sinder, Christy Hallam Desanctis, Collier, Shannon, Scott Pllc—Washington, DC, Washington, DC, for Plaintiff.

David J. Busch, George Lee Waas, Attorney General's Office, Tallahassee, FL, for Defendants.

ORDER GRANTING SUMMARY JUDGMENT FOR PLAINTIFF

HINKLE, District Judge.

In this action the plaintiff trade association challenges Florida statutes that preclude a property and casualty insurance agent who is duly licensed by the State of Florida 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...

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