Mid-American Indemnity Insurance Co. v. King

in which HIGHTOWER, CORNYN, GAMMAGE and ENOCH, Justices, joined.

The Texas Insurance Code generally requires an unauthorized insurer to post a bond before filing a pleading in defense of a lawsuit. Tex.Ins.Code art. 1.36, § 11(a). We consider in this original proceeding whether Mid-American Indemnity Insurance Co., an unauthorized insurer, is exempt from this general requirement under an exception added to the statute in 1993. The trial court held that Mid-American did not fall within the exception, and struck its pleadings after the company failed to post a bond. We agree with the trial…