Legal Opinion

Liberty Mutual Insurance Co. v. Texas Department of Insurance

Texas Court of Appeals, 3rd District (Austin)

Decided March 3, 2006No. 03-04-00105-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

DAVID PURYEAR, Justice.

Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company, and Liberty Insurance Corporation (hereinafter “the Liberty companies”) contend that a rule issued by the Texas Department of Insurance (the “Department”), which required them to pass surpluses from the insurance market through to policyholders, deprived them of their contractual rights, deprived them of property without due process, and is an unconstitutional retroactive law. They appeal the judgment of the trial court requiring them to issue rebates to policyholders with policies effective…

2Cases cited33 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. City of Keller v. WilsonTexas Supreme Court · 2005
  3. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  4. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  5. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983

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3Cited by15 opinions

  1. City of New Braunfels, Texas v. Carowest Land, Ltd., Texas Court of Appeals, 3rd District (Austin)2014
  2. Texas Comptroller of Public Accounts v. Attorney General of Texas, Texas Court of Appeals, 3rd District (Austin)2008
  3. O'Bannon v. Moriah Techs., Inc.Louisiana Court of Appeal · 2018
  4. Patel v. Texas Department of Licensing & RegulationCourt of Appeals of Texas · 2012
  5. 2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Acting Texas Comptroller of Public Accounts Kelly Hancock (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts, Texas Court of Appeals, 15th District2025

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