Texas Supreme Court
First American Title Insurance Company and Old Republic National Title Insurance Company, Petitioners v. Susan…
May 16, 200851 Tex. Sup. Ct. J. 880
Summary
The Texas Supreme Court affirmed the Court of Appeals, holding that the Comptroller's revised interpretation of the premium and retaliatory tax statutes is reasonable and does not violate the United States or Texas equal‑protection clauses. The Court also rejected the insurers' statutory claim that the full premium tax is "directly imposed" on them. Justice HECHT dissented, arguing the interpretation is unconstitutional.