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COMMERCIAL UNION ASSUR. CO. PLC v. SILVA

No. 04-98-00602-CV.

988 S.W.2d 798 (1999)

COMMERCIAL UNION ASSURANCE CO. PLC, Sirius Insurance Co. Plc, Northern Assurance Co. Ltd., and The Indemnity Marine Assurance Co. Ltd., and The Ocean Marine Assurance Co. Ltd., Appellants, v. Francisca SILVA, Individually and as Legal Heir for the Use and Benefit of All Persons Entitled to Recover for the Wrongful Death of Arnulfo Flores Silva; and Maria Calzoncin Cervantes and Gregorio Cervantes, Individually and as Legal Heirs for the Use and Benefit of All Persons Entitled to Recover for the Wrongful Death of Humberto Javier Cervantes Calzoncin, Appellees.

Court of Appeals of Texas, San Antonio.

February 10, 1999.

Attorney(s) appearing for the Case

Henry Lee Lewis, Jr., Griggs & Harrison, P.C., Houston, for Appellant.

Claudio Heredia, Knickerbrocker, Heredia, Jasso, Dovalina & Stewart, Eagle Pass, Thomas H. Crofts, Jr., Ellen B. Mitchell, Crofts, Callaway & Jefferson, P.C., San Antonio, for Appellee.

Before CATHERINE STONE, Justice, PAUL W. GREEN, Justice and KAREN ANGELINI, Justice.

OPINION

CATHERINE STONE, Justice.

In this appeal we are asked to review the validity of substituted service on a surplus lines insurer. The appellant insurance companies (collectively "Commercial Union") challenge a default judgment, claiming that appellees (collectively "Silva") did not properly comply with service of process requirements under TEX. INS.CODE ANN. art. 1.36, § 12 (Vernon 1998). In this case of first impression, we find that Silva did...

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