FARMERS GROUP, INC. v. LUBIN

No. 05-0169.

222 S.W.3d 417 (2007)

FARMERS GROUP, INC., et al., Petitioners v. Jan LUBIN, Gilberto Villaneuva, and Michael Paladino, Respondents.

Supreme Court of Texas.

Delivered April 27, 2007.


Attorney(s) appearing for the Case

Katherine D. Mackillop, Richard N. Carrell, Layne E. Kruse, Gerard G. Pecht, Marcy Hogan Greer, Mary S. Dietz and M. Scott Incerto, Fulbright & Jaworski L.L.P., Austin, for Farmer Group Inc.

Marcy Hogan Greer, Fulbright & Jaworski, L.L.P., Austin, for Farmers Underwriters Association, Fire Underwriters Association, Farmers Insurance Exchange, Texas Farmers Insurance Company, Mid-Century Insurance Company of Texas, Mid-Century Insurance Company, Truck Insurance Exchange, Truck Underwriters Association, and Farmers Texas County Mutual Insurance Company.

Russell S. Post, Joe K. Longley, Law Offices of Joe K. Longley, Philip K. Maxwell, Law Offices of Philip K. Maxwell, Stephen L. McCleery, Austin, Michael T. Gallagher, The Gallagher Law Firm, Daniel M. Downey, Gallagher Lewis Downey & Kim, Houston, for Jan Lubin.

David C. Mattax, Chief Financial Litigation, John M. Hohengarten, James R. Wenzel, William T. hall & Associates, Jeff M. Graham, Lisa Royce Eskow, Weil, Gothshal & Manges LLP, Amy Warr, Alexander Dubose Jones & Townsend, LLP, Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Paul D. Carmona, Austin, for State.

Joseph C. Blanks, Doucette, for Gerald Hooks and Lesly K. Hooks.

David H. Burrow, Burrow & Parrott, L.L.P., Houston, for Michael Paladino.

David H. Burrow, Burrow & Parrott, L.L.P., Russell S. Post, David Watkin Jones, Beck Redden & Secrest, L.L.P., Dwight E. Jefferson, Houston, for Gilberto Villanueva.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice JOHNSON joined.


In 1973, the Legislature amended the Insurance Code to allow an attorney general to bring a class action on behalf of insurance buyers. This is the first time an attorney general has tried. The trial court certified a class, but the court of appeals reversed, finding the Attorney General had not strictly complied with two of the certification requirements.

We agree courts must rigorously analyze whether a party has strictly...

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