J. Robert Wooley, as Commissioner of Insurance for the State of Louisiana v. Thomas S. Lucksinger, Michael D…

Summary

The opinion rejects the appellate court’s decision to revisit the parties’ uncontested choice-of-law ruling without notice and holds that Texas law properly governed the tort claims. It also affirms that Health Net’s parental guarantee covered only the $2 million minimum capital-and-surplus requirement applicable when the guarantee was made, not the Louisiana HMO’s full losses. The court further concludes that the appellate court’s limited remand for written reasons was procedurally proper but excessively broad and unrealistic. Justice Weimer, concurring, agrees with the result while emphasizing the appellate panel’s diligent effort despite its incorrect outcome.