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ARGONAUT INS. CO. v. BAKER

No. 01-0287.

87 S.W.3d 526 (2002)

ARGONAUT INSURANCE COMPANY, Petitioner, v. Debbie BAKER, individually and as next friend of Anthony Baker, an incapacitated person, and as next friend of M.B., a minor, and Leighla Baker, and Rockey Baker, Respondents.

Supreme Court of Texas.

Decided June 20, 2002.

Attorney(s) appearing for the Case

Scott A. Whisler, James W. Grau, Grau Ashley & Koen PC, Dallas, for Petitioner.

Jeffrey S. Levinger, Carrington Coleman Sloman & Blumenthal, Windle Turley, Thomas B. Cowart, Law Offices of Windle Turley, Dallas, for Respondent.

Justice RODRIGUEZ delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice BAKER, and Justice JEFFERSON join.

In 1989, the Texas Legislature required every workers' compensation carrier to offer optional deductible plans to allow policyholders to "self-insure" for the deductible amount. Tex. Ins.Code art. 5.55C(a). Under such a policy, the carrier must make all payments for benefits to an injured employee...

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