TEXAS MUT. INS. CO. v. PHI AIR MED., LLC

No. 18-0216.

610 S.W.3d 839 (2020)

TEXAS MUTUAL INSURANCE COMPANY, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company, et al., Petitioners, v. PHI AIR MEDICAL, LLC, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: June 26, 2020.


Attorney(s) appearing for the Case

James Michael Loughlin , Daniel Joseph Price , Stone Loughlin & Swanson, LLP, Austin, for Petitioners Hartford Underwriters Insurance Company, TASB Risk Management Fund.

Lisa A. Bennett , Assistant Solicitor General, Adrienne R. Butcher , Texas Attorney General, Administrative Law Division, Jeffrey C. Mateer , Texas Attorney General's Office, First Asst. Attorney General, Kyle D. Hawkins , Office of the Attorney General, Solicitor General, W. Kenneth Paxton Jr. , Attorney General of Texas, Office of the Attorney General, Austin, for Petitioner Texas Department of Insurance, Division of Workers' Compensation.

Matthew B. Baumgartner , Mary A. Keeney , P. M. Schenkkan , Graves Dougherty Hearon & Moody PC, Bryan Wilkerson Jones , Mary Barrow Nichols , Austin, for Petitioner Texas Mutual Insurance Company.

James Michael Loughlin , Daniel Joseph Price , Stone Loughlin & Swanson, LLP, Austin, for Petitioners Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company, Zenith Insurance Company.

Craig T. Enoch , Amy L. Saberian , Shelby L. O'Brien , Enoch Kever PLLC, Austin, for Respondent.

Dale Wainwright , Justin Bernstein , Greenberg Traurig, Austin, for Amicus Curiae American Property Casualty Insurance Association.

Jamie R. Welton , Barnes & Thornbug LLP, Dallas, for Amid Curiae Association of Air Medical Services, Texas Association of Air Medical Services.

Gina Elizabeth McCauley , Jessica Barta , Austin, for Amicus Curiae Office of Injured Employee Counsel.

George S. Christian , Austin, for Amicus Curiae Texas Civil Justice League.


This is a case about federalism. When joining our Union, each State retained fundamental aspects of its sovereignty. This sovereignty includes the police power to provide a compensation system for...

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