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CORTEZ v. PROGRESSIVE COUNTY MUT. INS. CO.

No. 03-99-00846-CV.

61 S.W.3d 68 (2001)

Antonio CORTEZ, Appellant, v. PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Austin.

September 13, 2001.

Attorney(s) appearing for the Case

Kevin Walter Grillo, for Antonio Cortez.

Jay A. Thompson, Barry Bishop, for Progressive County Mut. Ins. Co.

Sara Beth Scribner, Amicus Curiae, for Texas Dept. of Ins.

Rod Bordelon, Lanetta M. Cooper, Amicus Curiae, for Office of Public Ins. Counsel of State of Tex.

Robert Schreider, Amicus Curiae, for Consumers Union.

Mark L. Kincaid, Amicus Curiae, pro se.

Before Chief Justice ABOUSSIE, Justices KIDD and B.A. SMITH.

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...

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