Cortez v. Progressive County Mutual Insurance Co.

ABOUSSIE, Chief Justice.

We withdraw our original opinion and judgment issued August 10, 2000, and substitute this one in its place. Antonio Cortez appeals from a summary judgment rendered against him in favor of appellee Progressive County Mutual Insurance Co. (“Progressive”) in an insurance discrimination case. See Tex. Ins.Code Ann. art. 21.21-8 (West Supp.2001). We will reverse.

BACKGROUND

In 1996, Cortez purchased a new insurance policy from Progressive through its independent agent, Angel Insurance Group (“Angel”). Angel earned a ten percent commission on the policy — an amount that was…