Texas Commerce Bank v. Garamendi

Opinion

NOTT, J.

The question presented is whether, as prevailing parties in a declaratory relief action brought against the Insurance Commissioner as conservator of an insolvent insurance company to challenge the commissioner’s designation of priority status, appellant policyholders are entitled to attorney fees and costs as provided for in their contract with the insurance company. We hold that they are and reverse the trial court’s ruling.

I

Facts and Procedural History

The judgment in favor of appellants was affirmed by Division Four of this district in Texas Commerce Bank v. Garamendi (1992)…