Dallas Fire Insurance Co. v. Texas Contractors Surety & Casualty Agency

OPINION

ANNE GARDNER, Justice.

I. INTRODUCTION

This suit involves a dispute over commissions to be paid under an agency agreement. Appellant Dallas Fire Insurance Company appeals from a judgment awarding actual damages and attorney’s fees against it under article 21.21 of the Insurance Code, based upon jury findings of misrepresentations in violation of the DTPA, and denying recovery on Dallas Fire’s counterclaim against the agents for breach of fiduciary duty.

We hold that: the dispute arose out of the “business of insurance” for purposes of article 21.21; Appellees’ claims under the DTPA as…