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Hunt, Hopkins & Mitchell, Inc. v. Facility Insurance Corp.

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Appellant Hunt, Hopkins & Mitchell, Inc. d/b/a Hunt & Associates, Inc. (“Hunt”) appeals two summary judgments granted May 9, 2001, and October 4, 2001, in favor of Facility Insurance Corporation (“the Facility”) and the Texas Department of Insurance (“TDI”), respectively. *fn1 In three issues, Hunt contends that the district court erred by granting summary judgment because (1) TDI’s Rules and Regulations Governing Pool and Servicing Companies of Assigned Risks (the Rules and Regulations) do not bar Hunt from recovering additional commissions, (2) the Facility’s Procedural Handbook (“the Handbook”) is not binding on Hunt, and (3) Hunt’s cause of action is not barred by limitations. *fn2 In its fourth issue, Hunt contends that the district court erred by denying Hunt’s request for continuance of the Facility’s summary judgment hearing. We will affirm the judgment of the district court.

BACKGROUND

Hunt was the agent of record for workers’ compensation insurance policies issued by the Facility to Mobley Industrial Painters, Inc. (“MIP”). All agents, including Hunt, were paid a commission by the Facility based on a formula developed by the Governing Committee of the Texas Workers’ Compensation Assigned Risk Pool. MIP did not pay all of the premiums due under its policies, and the Facility sued MIP to recover those unpaid premiums. The parties eventually reached a settlement, and the Facility refused to pay Hunt commissions on the additional sums obtained as a result of that settlement. *fn3

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