Texas Supreme Court

Key Western Life Insurance Company, Appellant v. State Board of Insurance, Appellees

October 3, 1961163 Tex. 11

Summary

The Texas Supreme Court held that the district court erred by applying the substantial‑evidence rule to the Board of Insurance's order; the statutes governing review require a trial de novo on a preponderance‑of‑evidence basis, and the Board's function is quasi‑judicial, not legislative. The Court also upheld the constitutionality of the statutory title and delegation provisions. Separate opinions dissent from the de novo holding and concur on the constitutionality but limit the remedy to deceptive advertising.