Mid-Century Insurance Co. of Texas v. Ademaj

I agree with the Court that Mid-Century and Texas Farmers Insurance Companies (collectively, “Mid-Century”) lawfully recouped the Automobile Theft Prevention Authority (ATPA) fee from their policyholders. But the Court rests that conclusion on a construction of Insurance Code article 21.35B that could permit rate-regulated insurers to collect the items enumerated therein in addition to their filed rates in a manner that threatens to undermine the Legislature’s efforts to create a fair and competitive rate system. Accordingly, I concur in the Court’s judgment, but cannot join its opinion.

The…