Office of Public Insurance Counsel v. Texas Automobile Insurance Plan

BEA ANN SMITH, Justice.

The State Board of Insurance (the “Board”) and the Office of Public Insurance Counsel (“OPIC”) appeal an adverse summary judgment rendered in favor of the Texas Automobile Insurance Plan (“TAIP”), the administrative agency charged with operating the assigned risk plan for providing motor vehicle liability insurance in Texas. 1 The present dispute requires us to decide which entity — the Board or TAIP — has the authority to amend the rules that govern the assigned risk plan for apportioning coverage of high risk applicants among insurance companies providing automobile…