Prudential Health Care Plan, Inc. v. Commissioner of Insurance

POWERS, Justice.

Prudential Health Care Plan, Inc., appellant, sued to recover $90,627.89 paid under protest to the Comptroller of Public Accounts 1 pursuant to the requirements of article 20A.33 of the Texas Insurance Code. The district court tried the case without a jury and entered a take-nothing judgment against appellant, who perfected its appeal to this Court.

Appellant is a corporation organized and existing under the laws of the State of Texas, doing business as a health maintenance organization (HMO) under the provisions of Chapter 20A of the Insurance Code, the Texas Health…