Legal Opinion

In Re Texas Mutual Insurance Co.

Texas Court of Appeals, 3rd District (Austin)

Decided December 22, 2004No. 03-04-00415-CVPublishedCited by 45 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

This original proceeding presents the issue of whether the Texas Workers’ Compensation Commission has exclusive jurisdiction over common law breach-of-contract and negligence claims arising from a dispute over the effective date of workers’ compensation insurance coverage. We hold that the plaintiff must exhaust its administrative remedies in the Commission regarding its breach-of-contract claim before the trial court can exercise jurisdiction over either claim. Because such exhaustion can thus remove the impediment to the trial court’s exercise of jurisdiction,…

2Cases cited16 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Subaru of America, Inc. v. David McDavid Nissan, Inc.Texas Supreme Court · 2002
  3. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  4. Saenz v. Fidelity & Guaranty Insurance UnderwritersTexas Supreme Court · 1996
  5. In Re Entergy Corp.Texas Supreme Court · 2004

11 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Pickett v. Texas Mutual Insurance Co., Texas Court of Appeals, 3rd District (Austin)2007
  2. Sonic Systems International, Inc. v. Croix, Texas Court of Appeals, 14th District (Houston)2009
  3. Texas Property & Casualty Guaranty Ass'n v. National American Insurance Co., Texas Court of Appeals, 3rd District (Austin)2006
  4. Vista Medical Center Hospital v. Texas Mutual Insurance Company, Texas Court of Appeals, 3rd District (Austin)2013
  5. Roskey v. Continental Casualty Co., Texas Court of Appeals, 5th District (Dallas)2006

40 more not listed; retrieve them via the Exa API.

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