Durish v. Texas State Board of Insurance

OPINION

CORNELIUS, Chief Justice.

The sole question on this appeal is whether TexJns.Code Ann. art. 21.79D (Vernon Supp.1991)1 contravenes the Tex*766as Constitution. In a summary judgment the trial court ruled that it does. We agree and affirm the judgment.

Article 21.79D provides generally that an insurer may bring a legal action to prevent, or redress the effects of, fraudulent insurance practices in this state if the insurance board has not brought an action against such practices, and that an insurer doing so is entitled to recover its reasonable and necessary expenses in the form of offsets…