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LIBERTY MUT. INS. CO. v. GRIESING

No. 03-03-00646-CV.

150 S.W.3d 640 (2004)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, LM Insurance Corporation, and First Liberty Insurance Corporation, Appellants, v. Betty GRIESING, Individually and on behalf of all other persons similarly situated, Appellee.

Court of Appeals of Texas, Austin.

August 26, 2004.

Attorney(s) appearing for the Case

David P. Blanke, Spikes Kangerga, Vinson & Elkins, L.L.P., Austin, Russell Yager, David P. Henry, Vinson & Elkins, L.L.P., Dallas, for appellants.

Gavin H. McInnis, Michael G. Maloney, Maloney & Maloney, PC, San Antonio, D.J. Powers, Law Office of D.J. Powers, Austin, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

Appellee Betty Griesing sought a partial summary judgment to determine whether appellant Liberty Mutual may lawfully impose a state-mandated fee for theft prevention beyond the automobile insurance rates filed by Liberty Mutual and approved by the commissioner of insurance under a state regulatory regime. The district court granted partial summary judgment in favor of Griesing, declaring that the collection of...

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