Case Details


Attorney General And Class Actions

Filing State



Texas Court of Appeals




Lubin v. Farmers Group, No. 03-03-00374-CV (Tx. Ct. App. Nov. 6, 2009)


Attorney General was a proper representative of a class in an insurance case.

Case Description

The Attorney General of Texas entered into a class action settlement with a group of insurance companies over inadequate disclosures and discrimination in homeowners’ rating practices that allegedly violated the state’s Insurance Code. Although the Texas Supreme Court declined to hold that the Attorney General could bring the class action without fulfilling any of the prerequisites, it held that “the typicality, adequacy, and other prerequisites for all class actions must be applied to the damage claims asserted by an attorney general, rather than to that official personally.” The Supreme Court remanded to the Court of Appeals for a determination as to whether the prerequisites for a class action had been satisfied. The court of appeals found that there was no conflict between the attorney general and the class due to the attorney general’s representation of the Insurance Department. The court noted that in assessing adequacy, the court should take into account the zeal and competence of class counsel. The court noted “the unique position that the attorney general serves in the State” and found that “The attorney general’s role as representative for the State gives him unparalleled experience regarding insurance law in Texas.” The court also found that the Attorney General’s investigation prior to filing suit had made him “uniquely familiar with the subject matter forming the foundation of this suit.” The court held that the certification of the class action by the trial court was proper.