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DALLAS FIRE INS. CO. v. TEXAS CONTRACTORS SUR. CASUALTY AGENCY

No. 04-0215.

159 S.W.3d 895 (2004)

DALLAS FIRE INSURANCE COMPANY, Petitioner, v. TEXAS CONTRACTORS SURETY AND CASUALTY AGENCY, Tom Young and Fred Thetford, Respondents.

Supreme Court of Texas.

Rehearing Denied March 11, 2004.

Attorney(s) appearing for the Case

Bernard R. Suchocki, Jerry D. Bullard, and Scott A. Cummings, Suchocki, Bullard & Cummings, Fort Forth, for Petitioner.

James Lanter, Lanter Westermann, P.C., Fort Worth, Jefferson W. Autrey, Keith Gregory Hopkinson, Kevin Norton, Cantey & Hanger, L.L.P., Austin, for Respondents.

PER CURIAM.

Article 21.21 of the Insurance Code provides a private cause of action for unfair or deceptive acts or practices in the business of insurance. Tex. Ins.Code art. 21.21, § 16(a). In Great American Insurance Co. v. North Austin Utility District No. 1, we held that suretyship was not included in the scope of this provision. 908 S.W.2d 415, 424 (Tex.1995). The court of appeals here interpreted that holding to...

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