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

Article 21.21 of the Insurance Code provides a private cause of action for unfair or deceptive acts or practices in the business of insurance. Tex. Ins.Code art. 21.21, § 16(a). In Great American Insurance Co. v. North Austin Utility District No. 1, we held that suretyship was not included in the scope of this provision. 908 S.W.2d 415, 424 (Tex.1995). The court of appeals here interpreted that holding to apply only to suits between sureties and their bondholders, and thus affirmed a judgment under article 21.21 in a suit between a surety and its sales agents. 128 S.W.3d 279, 288-89, 304.…