Supreme Court

Case: 10-0374    
10-0374
05/21/2010
Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF INSURANCE, HONORABLE MIKE GEESLIN, COMMISSIONER OF INSURANCE AND HONORABLE DANNY SAENZ, SENIOR ASSOCIATE COMMISSIONER 
AMERICAN NATIONAL INSURANCE COMPANY AND AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/17/2012Reply to Response to Motion for Rehearing filedRespondent Reply in support of Motion for Rehearing filed on behalf of American National Ins. Co. (HARD COPIES REC'D)
08/10/2012Response to Motion for RehearingPetitioner Response to Motion to Rehearing filed on behalf of Texas Dept. of Ins., et al.
06/18/2012Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of American National Insurance Company, et al.
09/16/2011Post submission brief filedRespondent E-FILED  Respondents American National Insurance Company, et al.'s Post-Submission Letter Brief to correct or complete answers to the Court’s questions during oral argument on September 14, 2011. (HARD COPIES REC'D)
09/13/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae Brief in Support of Respondents received on behalf of Property and Casualty Insurers Association of America.  Submitted by Jonathan D. Pauerstein of Rosenthal Pauerstein Sandoloski Agather, LLP, 755 E. Mulberry, Suite 200, San Antonio, TX 78212, (210) 225-5000. (HARD COPIES REC'D)
09/01/2011Response to Amicus Curiae Brief filedRespondent EFILED  Respondent American National Ins. Co., et al.'s response to Amicus Curiae brief of Texas Health Insurance Pool (HARD COPIES REC'D)
06/06/2011Amicus Curiae Brief receivedReceived (instead of filed) E-FILED: Amicus Curiae Brief in Support of Petitioners received on behalf of Texas Health Insurance Pool.  Submitted by Christian J. Ward, Yetter Coleman LLP, 221 West 6th Street, Suite 750, Austin, Texas 78701, (512) 533-0150.
(HARD COPIES REC'D)
04/08/2011Reply BriefPetitioner Petitioner's reply brief on the merits filed on behalf of Texas Dept. of Insurance. (orig & 11)
03/24/2011Response to Amicus Curiae Brief filedRespondent Respondent's(American National Ins. Co., et al.) response to amicus curiae brief of UnitedHealthcare Ins. Co. (orig & 11)
03/24/2011Brief on the MeritsRespondent Respondent's brief on the merits filed on behalf of American National Ins. Co., et al. (orig & 11)
02/07/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of United Healthcare Ins. Co. (2) submmitted by S. Vance White, Sedgwick, Detert, Moran & Arnold LLP, 1717 Main St., Ste. 5400, Dallas TX, 75201, (469)227-8200.
02/02/2011Brief on the MeritsPetitioner Petitioner's brief on the merits filed on behalf of Tx. Dept. of Insurance, et al. (orig & 11)
12/27/2010Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus letter on behalf of Ron Beal, Attorney at Law, One Bear Place #97288, Waco TX, 76798, Tel. 254.710.6590 (12)
11/15/2010Response to Brief filedRespondent Respondent's response to brief amicus curiae of UnitedHealthcare Insurance Company.  (orig & 11) On behalf of American National Insurance Company, et al.
11/15/2010Response to Brief filedRespondent Respondent's response to brief of amicus curiae of Texas Health Insurance Pool.  (orig & 11) On behalf of American National Insurance Company, et al.
10/22/2010Reply to ResponsePetitioner Petitioners, Texas Department of Insurance, et al's Reply in support of Petition for Review. (12)
10/20/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Health Ins. Pool in support of petitioners (12) submitted by Gregory Coleman, Yetter Coleman LLP, 221 W. 6th St., Ste. 750, Austin, TX, 78701, Tel. (512)533-0150.
10/14/2010Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief on behalf of UnitedHealthcare Insurance Company in support of Petition for Review. Submitted by Scott M. McElhaney; JACKSON WALKER LLP, 901 Main Street, Suite 600, Dallas Texas 75202. [PH] 214-953-6000.   (12)
10/07/2010Response to PetitionRespondent Response to petition for review filed on behalf of American National Insuruance Co., et al. (orig & 11)
09/08/2010Supplemental appendix Petitioner Supplement to appendix:  (12) copies of COA judgment filed on behalf of Texas Dept. of Insurance, et al.
07/22/2010Appendix FiledPetitioner attached to petition
07/22/2010Petition for ReviewPetitioner Petition for review appendix attached (12) filed on behalf of Tex. Dept. of Ins., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2010Motion for Extension of Time disposed.Filing granted Petitioner's unopposed motion for extension of time to file brief on the merits granted.  Petitioner's brief on the merits due no later than 3:00 p.m. on 2/2/11; Response brief due 2/22/11; Reply brief due 3/9/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
12/27/2010Amicus Curiae Letter Received  Amicus letter on behalf of Ron Beal, Attorney at Law, One Bear Place #97288, Waco TX, 76798, Tel. 254.710.6590 (12)
12/22/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file petitioner's brief on the merits. On behalf of TX Department of Insurance, et al. (2)
12/14/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
12/09/2010Record Requested in Case 
12/03/2010Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief on the merits due no later than 3:00 p.m. on 1/3/11; Respondents brief due 1/24/11; Reply brief due 2/8/11; mailbox rule does not apply
11/15/2010Response to Brief filed  Respondent's response to brief amicus curiae of UnitedHealthcare Insurance Company.  (orig & 11) On behalf of American National Insurance Company, et al.
11/15/2010Response to Brief filed  Respondent's response to brief of amicus curiae of Texas Health Insurance Pool.  (orig & 11) On behalf of American National Insurance Company, et al.
10/22/2010Reply to Response  Petitioners, Texas Department of Insurance, et al's Reply in support of Petition for Review. (12)
10/22/2010Letter Filed  Letter informs Court that the respondent will be filing a response to the amicus briefs by 11/15/10 (11) filed on behalf of Susan Conway.
10/20/2010Amicus Curiae Brief received  Amicus Brief of Texas Health Ins. Pool in support of petitioners (12) submitted by Gregory Coleman, Yetter Coleman LLP, 221 W. 6th St., Ste. 750, Austin, TX, 78701, Tel. (512)533-0150.
10/14/2010Amicus Curiae Brief received  Amicus brief on behalf of UnitedHealthcare Insurance Company in support of Petition for Review. Submitted by Scott M. McElhaney; JACKSON WALKER LLP, 901 Main Street, Suite 600, Dallas Texas 75202. [PH] 214-953-6000.   (12)
10/07/2010Response to Petition  Response to petition for review filed on behalf of American National Insuruance Co., et al. (orig & 11)
10/01/2010Miscellaneous motion disposed. See Remarks.Denied Intervenor's, Texas Health Insurance Pool, Motion to Intervene (incorporated w/motion for leave to file Petition for Review) denied
10/01/2010Miscellaneous motion disposed. See Remarks.Denied Intervenor's, Texas Health Insurance Pool, motion for leave to file Petition for Review denied
09/26/2012Case Stored  G02 Row 21 F-1 (4 vols)
09/16/2011Post submission brief filed  E-FILED  Respondents American National Insurance Company, et al.'s Post-Submission Letter Brief to correct or complete answers to the Court’s questions during oral argument on September 14, 2011. (HARD COPIES REC'D)
09/14/2011Oral argument   argued on behalf of petitioners by attorney Arthur C. D'Andrea; argued on behalf of respondents by attorney Susan G. Conway
09/13/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae Brief in Support of Respondents received on behalf of Property and Casualty Insurers Association of America.  Submitted by Jonathan D. Pauerstein of Rosenthal Pauerstein Sandoloski Agather, LLP, 755 E. Mulberry, Suite 200, San Antonio, TX 78212, (210) 225-5000. (HARD COPIES REC'D)
09/08/2010Supplemental appendix   Supplement to appendix:  (12) copies of COA judgment filed on behalf of Texas Dept. of Insurance, et al.
09/07/2010Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3:00 p.m. on 10/7/10; mailbox rule does not apply
09/07/2010Phone call from Clerk's Office  Requested Court of Appeals judgment.
09/06/2011Oral Argument Submission Form from Attorney received  OA submission form submitted by Arthur C. D'Andrea of the Office of the Solicitor General of Austin, TX
09/02/2010Letter Filed  Letter from Mr. Dudley D. McCalla informing the Court that he had withdrawn as counsel for American Nat'l Insurance Co., et al prior to June 1, 2010 and should not have been listed as attorney for them. (orig)
09/01/2011Response to Amicus Curiae Brief filed  EFILED  Respondent American National Ins. Co., et al.'s response to Amicus Curiae brief of Texas Health Insurance Pool (HARD COPIES REC'D)
08/31/2012Mandate issued  Mandate & Cost Bill Issued
08/31/2012Motion for Rehearing - DisposedDenied with Justice not sitting.
08/24/2010Case forwarded to Court 
08/19/2010Reply to Response to Motion  Reply in support of motion to intervene and for leave to file petition for review and appendix (3) filed on behalf of intervenor, Texas Health Insurance Pool.
08/17/2012Reply to Response to Motion for Rehearing filed  Reply in support of Motion for Rehearing filed on behalf of American National Ins. Co. (HARD COPIES REC'D)
08/16/2010Response Waiver filed  Respondent's response waiver to petition for review.  On behalf of American Nat'l Ins. Co., et al. (orig & 11)
08/10/2012Response to Motion for Rehearing  Response to Motion to Rehearing filed on behalf of Texas Dept. of Ins., et al.
08/08/2011Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorney Susan G. Conway of Graves Dougherty Hearon & Moody of Austin, TX
08/05/2010Response to Motion filed  Respondent's, American Nat'l Ins. Co., et al., response to Texas Health Insurance Pool's motion to intervene. (orig & 11)
08/05/2010Letter Filed  Letter from the Texas Dept. of Insurance in support of the Texas Health Insurance Pool's motion to intervene as a named party.  (orig & 11)
07/26/2010Supreme Court of Texas Requested Response  Requested response to Motion to Intervene due no later than 3:00 p.m. on 8/5/10; mailbox rule does not apply
07/22/2011Case set for oral argumentCase set for oral argument Set for oral argument on 9:00 a.m. on 9/14/11; Time allotted to argue: 20/20 minutes
07/22/2010Document received (See Remarks)  ***MOTION TO INTERVENE AND FOR LEAVE TO FILE PETITION WAS DENIED 10/1/10****  
Proposed Petition for Review and Appendix of Texas Health Insurance. (1)
07/22/2010Miscellaneous Motion  Intervenor's, Texas Health Insurance Pool, motion for leave to file Petition for Review (incorporated w/motion to intevene). (3)
07/22/2010Motion to Intervene filed  Intervenor's, Texas Health Insurance Pool, Motion to Intervene (incorporated w/motion for leave to file Petition for Review). (3)
07/22/2010Appendix Filed  attached to petition
07/22/2010Petition for Review  Petition for review appendix attached (12) filed on behalf of Tex. Dept. of Ins., et al.
07/09/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion to Extend Time to file Response to Motion for Rehearing granted.  Motion for Rehearing due 8/10/12.  Further requests for extensions of time will be disfavored.
07/06/2012Motion for Extension of Time to File Response  Unopposed Motion to Extend Time to file Response to Motion for Rehearing. On behalf of TX Dept of Insurance, et al.
06/26/2012Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 7/11/12.  
06/23/2010Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due July 22, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
06/22/2010Second Motion for Extension of Time to File Petition for Review filed  Second unopposed motion for 15-day extension to file Petition for Review. On behalf of TX Department of Insurance, et al. (3)
06/18/2012Case forwarded to Court 
06/18/2012Motion for Rehearing  Motion for Rehearing filed on behalf of American National Insurance Company, et al.
06/17/2011Petition for Review granted 
06/17/2011Petition for Review disposedFiling granted
06/06/2012Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to File Respondents' Petition for Rehearing granted.  Motion for rehearing due 6/18/12.  Further requests for extensions of time will be disfavored.
06/06/2011Amicus Curiae Brief received  E-FILED: Amicus Curiae Brief in Support of Petitioners received on behalf of Texas Health Insurance Pool.  Submitted by Christian J. Ward, Yetter Coleman LLP, 221 West 6th Street, Suite 750, Austin, Texas 78701, (512) 533-0150.
(HARD COPIES REC'D)
06/01/2012Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Respondents' Petition for Rehearing filed on behalf of American National Insurance Co., et al.
05/25/2010Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due July 7, 2010
05/21/2014Case Stored - stored case location updated  Row 11 D-4
05/21/2010Motion for Extension of Time to File Petition for Review filed  Unopposed motion for extension of time to file petition (3) filed on behalf of Tex. Dept. of Ins.
05/18/2012Court approved judgment sent to attorneys of recordIssued
05/18/2012Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
04/08/2011Reply Brief  Petitioner's reply brief on the merits filed on behalf of Texas Dept. of Insurance. (orig & 11)
03/24/2011Response to Amicus Curiae Brief filed  Respondent's(American National Ins. Co., et al.) response to amicus curiae brief of UnitedHealthcare Ins. Co. (orig & 11)
03/24/2011Brief on the Merits  Respondent's brief on the merits filed on behalf of American National Ins. Co., et al. (orig & 11)
02/16/2011Motion for Extension of Time disposed.Filing dismissed as moot Motion to extend time to submit amicus curiae brief dismissed as moot
02/15/2011Call received  Mr. D'Andrea informed the Court that the motion for extension is unopposed.
02/15/2011Phone call from Clerk's Office  Left message for Mr. D'Andrea.  Requested whether or not motion for extension is opposed.
02/15/2011Certification (various) in case received  Certificate of conference (2) received on behalf of UnitedHealthCare Ins. Co.
02/11/2011Phone call from Clerk's Office  Left message for Mr. Wittie requesting status of certificate of conference.
02/10/2011Motion for Extension of Time disposed.Filing granted Respondent's first unopposed motion to extend time to file response brief on the merits granted.  Response brief due no later than 3:00 p.m. on 3/24/11; Reply brief due 4/8/11; mailbox rule does not apply. Further requests for extensions of time will be disfavored.
02/08/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (2) filed on behalf of America Nat'l Ins. Co.
02/07/2011Phone call from Clerk's Office  Left message for Mr. White.  Requested certificate of conference.
02/07/2011Amicus Curiae Brief received  Amicus Brief of United Healthcare Ins. Co. (2) submmitted by S. Vance White, Sedgwick, Detert, Moran & Arnold LLP, 1717 Main St., Ste. 5400, Dallas TX, 75201, (469)227-8200.
02/07/2011Motion for Extension of Time to File Brief filed  Motion for extension of time to file Amicus Brief of United Healthcare Ins. Co. (2) submmitted by S. Vance White, Sedgwick, Detert, Moran & Arnold LLP, 1717 Main St., Ste. 5400, Dallas TX, 75201, (469)227-8200.
02/03/2011Designation of Lead Counsel   Amicus Curiae Texas Health Insurance Pool hereby gives notice that Christian J. Ward will serve as its lead counsel. (2) Updated in CMS.
02/02/2011Brief on the Merits  Petitioner's brief on the merits filed on behalf of Tx. Dept. of Insurance, et al. (orig & 11)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/21/2014Case StoredCase stored.Row 11 D-4
09/26/2012Case StoredCase stored.G02 Row 21 F-1 (4 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
UnitedHealthcare Insurance CompanyAmicus CuriaeMr. Scott M. McElhaney
Mr. S. Vance Wittie
Beal, RonAmicus CuriaeMr. Ron Beal
Texas Department of InsurancePetitionerMr. C. Andrew Weber
Mr. Daniel T. Hodge
Ms. Lesli Gwen Gattis
Mr. William (Bill) J. Cobb III
Mr. David C. Mattax
Mr. Gregory Abbott
Mr. John B. Scott
Mr. Arthur C. D'Andrea
Mr. Jonathan F. Mitchell
Mr. James C. Ho
Mr. David S. Morales
Mr. J. R. Schneider Jr.
Texas Health Insurance PoolAmicus CuriaeMr. Richard B. Farrer
Mr. Christian J. Ward
Mr. Gregory S. Coleman
Property and Casualty Insurers Association of AmericaAmicus CuriaeMr. Jonathan D. Pauerstein
Ms. Alia Marissa Levine
American National Insurance Co.RespondentMr. Andrew J. Mytelka
Mr. Will D. Davis
Mr. Dudley D. McCalla
Ms. Susan G. Conway
Mr. Steven Carl Windsor
Mr. Boyce C. Cabaniss
Court of Appeals Information:
Reversed & Rendered 
364 SW3d 299, 04-22-10 
3rd Court of Appeals 
Honorable J. Woodfin 'Woodie' Jones 
Trial Court Information
261st District Court 
Travis 
Honorable Orlinda L. Naranjo 
D-1-GN-04-003621