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NAT. ASS'N OF INDEPENDENT INSURERS v. TEX. DEPT.

No. 3-94-181-CV.

888 S.W.2d 198 (1994)

NATIONAL ASSOCIATION OF INDEPENDENT INSURERS, Alliance of American Insurers, Texas Farm Bureau Mutual Insurance Company, Farmers Texas County Mutual Insurance Company, Texas Farmers Insurance Company, Mid-Century Insurance Company, Truck Insurance Exchange, Fire Insurance Exchange, Farmers Insurance Exchange, Texas Life Insurance Association, and Texas Legal Reserve Officials Association, Appellants, v. TEXAS DEPARTMENT OF INSURANCE; State Board of Insurance; Robert Hunter, Commissioner of Insurance; Deece Eckstein; Allene Evans; Claire T. Korioth; and Office of Public Insurance Counsel, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 21, 1994.

Attorney(s) appearing for the Case

Dudley D. McCalla, Heath, Davis & McCalla, P.C., Mr. Fred B. Werkenthin; Small, Craig & Werkenthin, Austin, for Nat. Ass'n of Independent Insurers, et al.

Dan Morales, Atty. Gen., Stephen F. Morris, John M. Hohengarten, Asst. Attys. Gen., Austin, for Texas Dept. of Ins., State Bd. of Ins., and Com'r of Ins.

Mark L. Kincaid, Office of Public Ins. Counsel, Austin, for appellees.

Before CARROLL, C.J., and JONES and KIDD, JJ.

KIDD, Justice.

Appellants1 ("Insurers") challenged the validity of two rules adopted by the State Board of Insurance. Appellees Texas Department of Insurance, State Board of Insurance, and the Office of Public Insurance Counsel2 (collectively the "Board") defended the validity of the rules. Following a bench trial, the trial court upheld the two rules. We will affirm the trial court's judgment.

THE...

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