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COMMERCIAL LIFE INS. v. STATE BD. OF INS.

No. 3-90-148-CV.

808 S.W.2d 552 (1991)

COMMERCIAL LIFE INSURANCE COMPANY, Appellant, v. TEXAS STATE BOARD OF INSUANCE, Commercial Life & Accident Insurance Company, Bankers Commercial Life Insurance Company and Commercial National Life Insurance Company, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 5, 1991.

Attorney(s) appearing for the Case

Hector De Leon, De Leon, Boggins & Richards, Austin, for appellant.

Jim Mattox, Atty. Gen., Fred I. Lewis, Asst. Atty. Gen., Austin, for Texas State Bd. of Ins.

Dudley D. McCalla, Heath, Davis & McCalla, Austin, for Commercial Life & Acc. Ins. Co., Bankers Commercial Life Ins. Co. and Commercial Nat. Life Ins. Co.

Before POWERS, ABOUSSIE and KIDD, JJ.

KIDD, Justice.

Appellant, Commercial Life Insurance Company ("Commercial") sued in district court for judicial review of a final order issued by the Texas State Board of Insurance ("the Board") in a contested case. The district court, over Commercial's objection, held that the proper method of review for the Board's order was substantial evidence rather than trial de novo and preponderance of the evidence. The district court declined, after its substantial evidence...

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