Opinion

Texas Catastrophe Property Insurance Ass'n v. Council of Co-Owners of Saida II Towers Condominium Ass'n

  • 29 Tex. Sup. Ct. J. 257
  • 706 S.W.2d 644
  • 1986 Tex. LEXIS 532
Court
Texas Supreme Court
Filed
Mar 5, 1986
Status
Published
Author
Gonzalez
On the bench
Hill, Gonzalez
Cited by
70 cases

Abrogated on other grounds by Dubai Petroleum Co. v. Kazi, 43 Tex. Sup. Ct. J. 412 (2000)

noting when the Legislature creates an administrative agency, it may also prescribe rules and regulations governing the administrative body and the method by which the rights determined by such body will be enforced, including the procedures for obtaining judicial review of final agency decisions

How later courts described this case

  • noting when the Legislature creates an administrative agency, it may also prescribe rules and regulations governing the administrative body and the method by which the rights determined by such body will be enforced, including the procedures for obtaining judicial review of final agency decisions
  • noting that the predecessor to the Association served the purpose of making windstorm insurance available in designated portions of Texas where the risk of hurricane was great
  • when cause of action derives from statute, statutory provisions must be complied with in all respects or action not maintainable
  • "[T]he Legislature ... prescribe[s] rules and regulations to govern the administrative body and the method by which the rights determined by such body will be enforced."

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Dubai Petroleum Co. v. Kazi, 43 Tex. Sup. Ct. J. 412 (2000)

    706 S.W.2d 644, 645-46 (Tex. 1986), abrogated on other grounds by Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 76
    Texas Supreme CourtFeb 10, 20002 citing opinionsother groundsRead it

The opinion

GONZALEZ, Justice,

dissenting.

I concur with the court’s holding that the property owner’s claim to insurance benefits derive from statute and not common law. However, I would apply prospectively the holding that Tex.Ins.Code Ann. arts. 1.04(f) and 21.49, § 9, along with Tex.Rev. Civ.Stat.Ann. art. 6252-13a, § 19(b) be read together to determine jurisdictional prerequisites for appeal.

Neither art. 1.04(f) nor art. 21.49, § 9 provides claimants with notice of any filing time limits. There are no cross references in either article to the APTRA, § 19(b). Further, until now, no case has applied § 19(b)’s thirty-day time limit to this area of the law. Under these circumstances, I would not deny respondents their day in court.

As § 19(b) is now considered as an additional procedural prerequisite for jurisdiction, aggrieved parties must be meticulous in their preparation for an agency appeal. Reference must be made to the APTRA for concurrent or cumulative procedural prerequisites for statutory schemes, unless contrary intent appears in the enabling statute. See art. 6252-13a, § 1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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