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SERVICE LIFE AND CAS. INS. CO. v. MONTEMAYOR

No. 03-03-00632-CV.

150 S.W.3d 649 (2004)

SERVICE LIFE AND CASUALTY INSURANCE COMPANY, Appellant, v. Jose MONTEMAYOR, Commissioner of Insurance and the Texas Department of Insurance, Appellees.

Court of Appeals of Texas, Austin.

August 26, 2004.

Attorney(s) appearing for the Case

Anthony Icenogle, DeLeon, Boggins & Icenogle, PC, Austin, for Appellant.

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

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

This appeal presents a familiar issue: whether an insurance company may charge a policy fee in addition to the premium rate set by the Commissioner of Insurance (the "Commissioner"). Appellant Service Life and Casualty Insurance Company ("Service Life") sought approval from the Texas Department of Insurance (the "Department") to charge a $50 policy fee in addition to its premium rate. After the Commissioner disapproved...

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