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International Elevator Co., Inc. v. Garcia

A subrogated entity that has intervened in the suit is a party to the suit under Texas Insurance Code Article 21.28-C.

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ORDER

This is an appeal from an order overruling the special appearance of appellant, International Elevator Company, Inc. (International Elevator). This case was set for submission and oral argument on February 11, 2002. On January 24, 2002, we issued an order canceling submission and oral argument, ordered appellees, Samuel Garcia Sr. and Maria Garcia, to file a response to our order, and allowed appellant to file a response, if necessary.

Reliance Insurance Company (Reliance), had intervened in this case as a subrogated workers’ compensation insurer. The trial court ordered a stay until April 5, 2002, because the Texas Commissioner of Insurance declared Reliance an “impaired insurer” under article 21.28 of the Texas Insurance Code. See Tex. Ins. Code Ann. art. 21.28-C, � 17 (Vernon Supp. 2002). Appellees did not oppose the stay requested by appellant.

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