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BEACON NAT. INS. CO. v. MONTEMAYOR

No. 03-01-00499-CV.

86 S.W.3d 260 (2002)

BEACON NATIONAL INSURANCE COMPANY; First Preferred Insurance Company; and Petrolia Insurance Company, Appellants, v. Jose MONTEMAYOR, in his Official Capacity as Commissioner of Insurance; the Texas Department of Insurance; John Cornyn, in his Official Capacity as Attorney General; and the Office of the Attorney General, Appellees.

Court of Appeals of Texas, Austin.

July 26, 2002.

Attorney(s) appearing for the Case

Bruce McCandless III, Larry Parks, Christopher A. McClellan, Long, Burner, Parks, McClellan & DeLargy, P.C., Austin, for appellants.

Sarah C. Wells, Asst. Atty. Gen., Austin, for appellees.

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

MARILYN ABOUSSIE, Chief Justice.

Appellants Beacon National Insurance Company, First Preferred Insurance Company, and Petrolia Insurance Company (collectively "Beacon") appeal the district court's order granting the Texas Department of Insurance's ("TDI") plea to the jurisdiction and dismissing the cause.1 Beacon contends the district court erred because (1) Beacon is entitled to pursue declaratory relief to construe a contract; (2) its...

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