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Hof Partners LLC v. Nautilus Insurance Co.

Court: Tx 2-Ft Worth  04/27/2023  Summary Judgment for Surplus Lines Insurer Reversed and Remanded To Determine if Broker Was Insurer's Statutory Agent

The appellate court rejected the argument by the surplus lines insurer that certain Insurance Code provisions deeming retail insurance agents to be statutory agents for insurers even if the agents also acted as agents for insured did not apply to surplus lines carriers because they are not regulated by the Texas Department of Insurance, and therefore, a fact issue existed regarding whether the insurer had wrongfully cancelled the policy for non-payment as the insured had paid the premium amount to its insurance agent.

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