Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Texas Mutual Insurance Co. v. Sara Care Child Care Center, Inc.

The insurance company challenged the trial court's summary judgment on its petition for judicial review. Having previously concluded that the company did not preserve its argument that �406.008 of the Texas Labor Code was not applicable to extend the insured's coverage, the El Paso Court of Appeals overruled the challenge and affirmed the trial court's summary judgment on the company's petition for judicial review. El Paso Court of Appeals, No. 08-08-00192-CV, 09-20-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Texas Mutual Insurance Company appeals from two summary judgment orders, and a final judgment following a bench trial, all in favor of its insured, Sara Care Child Care Center, Inc. (“Sara Care”), and the insured’s employee, Martha Martinez. The insurer argues the first summary judgment, affirming the Texas Workers’ Compensation Commission Appeals Panel decision in the claimant’s favor was in error, due to the panel’s reliance on Texas Labor Code Section 406.008. Texas Mutual continues by challenging the trial court’s partial summary judgment on the issue of its liability to Sara Care for the insured’s extra-contractual claims for affirmative relief. The insurer concludes that the trial court’s final judgment, including attorney’s fees, and statutory additional damages must be reversed, and judgment rendered in its favor, due primarily to errors in the summary judgments. In support of its request for reversal, Texas Mutual also raises an issue challenging the trial court’s rulings on Sara Care’s objections to the carrier’s summary judgment evidence. We reverse and remand in part and affirmed in part.

Sara Care Child Care Center, Inc. operated the child care center at the University of Texas at El Paso. In July 2001, Sara Care purchased a one year workers’ compensation insurance policy from Texas Mutual Insurance Company (“TMI”). The policy provided Sara Care with coverage for workers’ compensation claims August 4, 2001 to August 4, 2002. By letter dated June 6, 2002, TMI notified Sara Care that its policy was scheduled to expire on August 4. The letter specifically stated, in bold typeface, that it was “not a cancellation,” and that the insurer “look[ed] forward to continuing to serve as [Sara Care's] worker’s compensation carrier” in the next policy term. TMI’s agent, The Treiber Group, sent Sara Care a premium quote for the 2002-2003 policy year sometime prior to the 2001-2002 policy’s expiration. However, due to a mis-communication with the insurance agent, Sara Care failed to pay its 2002-2003 premium until August 24, 2002.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.


Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

GlobeSt. NET LEASE Fall 2023

October 16, 2023 - October 17, 2023
Los Angeles, CA

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More
Go to Events Go to Webcasts

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

Labor and Employment Senior Associate or Counsel


Duane Morris LLP seeks a highly motivated senior associate or counsel to join its dynamic and growing Labor and Employment Class Action grou...


Apply Now ›

Labor and Employment Associate


Duane Morris LLP has an immediate opening for a mid-level, highly motivated associate to join its dynamic and growing Employment, Labor, Ben...


Apply Now ›
Go to Lawjobs

Chiesa Shahinian & Giantomasi

09/25/2023
New Jersey Law Journal

Prof


View Announcement ›

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›
Go to Professional Announcements

Legal Newswire

Morristown Law Firm Celebrates Its 50th Anniversary
Shook & Stone Workers’ Compensation Webinar: Know Your Rights!
Court Hearings Scheduled in Heath Ritenour, John Ritenour and Insurance Office o...
World Services Group Elects 2023-2024 Board of Directors
Submit a press release