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Cortez v. Progressive County Mutual Insurance Co.

Summary judgment in favor of insurance company reversed; consumer produced at least some probative evidence that company engaged in unfair discrimination by making or permitting unfair discrimination between individuals of the same class and essentially the same hazard in the amount of premiums or rates charged.

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We withdraw our original opinion and judgment issued August 10, 2000, and substitute this one in its place. Antonio Cortez appeals from a summary judgment rendered against him in favor of appellee Progressive County Mutual Insurance Co. (“Progressive”) in an insurance discrimination case. See Tex. Ins. Code Ann. art. 21.21-8 (West Supp. 2001). We will reverse.

BACKGROUND

In 1996, Cortez purchased a new insurance policy from Progressive through its independent agent, Angel Insurance Group (“Angel”). Angel earned a ten percent commission on the policy-an amount that was passed through to Cortez as a part of his premium. Cortez later learned that Progressive offers its independent agents a variable commission program in which agents choose how much commission they receive so that policyholders pay a variety of premiums depending upon their agent’s commission. *fn1

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