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ALLSTATE INSURANCE COMPANY v. FLEMING

No. 05-0645.

248 S.W.3d 166 (2007)

ALLSTATE INSURANCE COMPANY, Allstate Indemnity Company, and Allstate Property & Casualty Insurance Company, Petitioners, v. Cevia FLEMING, Individually and on Behalf of All Other Persons Similarly Situated, Respondent.

Supreme Court of Texas.

Decided December 14, 2007.

Rehearing Denied April 18, 2008.

Attorney(s) appearing for the Case

Roger Higgins, Bradford K. Burdette, Jacquelyn Ann Chandler, and Wade Caven Crosnoe, Thompson Coe Cousins & Irons, L.L.P., Austin, TX, for Petitioner.

Michael D. Maloney, Gavin H. McInnis, Maloney & Maloney, P.C., San Antonio, Jeffrey L. Weinstein, Attorney At Law, Athens, and D.J. Powers, Law Offices of D.J. Powers, Austin, TX, for Respondent.

PER CURIAM.

In Mid-Century Insurance Co. v. Ademaj, 243 S.W.3d 618 (Tex.2007), we determined that Mid-Century Insurance Co. and others had properly charged insureds a Texas Automobile Theft Prevention Authority fee. Cevia Fleming and others raised the same issue in a suit against Allstate Insurance Company and several of its affiliates (Allstate, collectively). The trial court issued a partial summary judgment for Fleming...

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