Northwinds Abatement, Inc. v. Employers Insurance of Wausau

EDITH H. JONES, Circuit Judge:

In the second appearance of this case before us on appeal, Employers Insurance of Wausau (“Wausau”) appeals a jury verdict in favor of Northwinds Abatement, Inc. (“Northwinds”) and the resulting judgment of nearly $1.1 million, including actual and treble damages, attorney’s fees, interest and costs. Wausau asserts that, as a servicing company, it was an agent of the Texas Workers’ Compensation Insurance Facility (the “Facility”) and therefore exempt from liability claims pursuant to now-superseded Article 5.76-2, § 2.12 of the Texas Insurance Code. We disagree,…