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Domizio v. Progressive County Mutual Insurance Co.

Because usury must be founded on an overcharge by a lender for the use, forbearance, or detention of the lender's money, the definition of "detention" necessarily requires a lending transaction between the parties.

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Appellants Jeff Domizio, Frank Valenzuela, and Maria Valenzuela filed a lawsuit against appellee Progressive County Mutual Insurance Company (“Progressive”) in Travis County district court, individually and on behalf of an alleged class, alleging that the late fees charged by Progressive for untimely payment of automobile insurance policies constituted usurious charges of interest. Alternatively, appellants allege that those charges were improper and unenforceable liquidated damages constituting unjust enrichment. Progressive filed a counterclaim seeking a declaration that the payment of insurance premiums in monthly installments does not involve a lending transaction to which the usury statutes apply. Both parties filed motions for summary judgment. The trial court, in granting summary judgment in favor of Progressive, found that Progressive’s installment payment plan was not a loan, financing, or any form of an extension of credit to Progressive’s policyholders and that the late fees Progressive charged its policyholders did not constitute interest under the Texas usury statutes. We will affirm the judgment of the trial court.

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