Republic W. Ins. Co. v. State – Case Brief Summary (Texas)

In Republic W. Ins. Co. v. State (985 SW2d 698 [Tex Ct App, Austin 1999]) Republic Western and U-Haul brought an action seeking a declaration that they were not engaging in the unauthorized business of insurance.

The State of Texas sought injunctive relief, restraining such insurance activities. In finding against Republic Western and U-Haul the Texas Court of Appeals noted, "U-Haul offers its rental customers three 'Safe Protection' insurance packages" (at 699) and "solicits rental customers to purchase insurance and collects premiums for Republic Western" (at 702).

Regarding Republic Western's activities, the court observed, "Republic Western . . . assists U-Haul in the solicitation and effectuation of insurance, in the dissemination of coverage and rate information, and in the delivery of insurance contracts" (id.).