A court for the Western District of Texas granted an insurer's motion for summary judgment following its earlier decision not to certify the insured's class action lawsuit, finding that the insurer was entitled to charge rates under the "filed rate" doctrine, the "filed rate" doctrine was applicable because there was evidence of a calculable rate, a cease and desist letter from the Texas Department of Insurance did not relate to the case and was not evidence, and the Court was not engaging in impermissible judicial rulemaking.
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