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National Association of Independent Insurers v. Texas Department of Insurance

925 S.W.2d 667 (1996)

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National Association of Independent Insurers v. Texas Department of Insurance

Texas Supreme Court
925 S.W.2d 667 (1996)

DD

Facts

The Texas State Board of Insurance (the board) (defendant) adopted two administrative rules. The first rule, Rule 1000, prohibited insurance companies from refusing to sell certain types of insurance to prospective purchasers if the purchasers had had an insurance policy canceled by another insurer. The board stated that consideration of a previous cancellation was anticompetitive and resulted in the blacklisting of consumers from the insurance market. The second rule, Rule 1003, prohibited insurers from conditioning the sale of automobile insurance on the purchase of another policy. Rule 1003 also prohibited insurers from denying automobile insurance due to the number of vehicles owned by an applicant. The board stated that these practices were unfairly discriminatory and that prohibiting the practices would lead to greater availability and affordability of automobile insurance. The National Association of Independent Insurers (the insurers) (plaintiff) brought suit, contending that the rules violated the Texas Administrative Procedure Act (APA). The trial court held that the rules were valid, and the court of appeals affirmed. The insurers appealed.

Rule of Law

Issue

Holding and Reasoning (Cornyn, J.)

Concurrence/Dissent (Spector, J.)

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Administrative Law

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