PHI Air Medical, LLC v. Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company

CourtCourt of Appeals of Texas
DecidedDecember 17, 2020
Docket03-17-00081-CV
StatusPublished

This text of PHI Air Medical, LLC v. Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company (PHI Air Medical, LLC v. Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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PHI Air Medical, LLC v. Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company, (Tex. Ct. App. 2020).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON REMAND

NO. 03-17-00081-CV

PHI Air Medical, LLC, Appellant

v.

Texas Mutual Insurance Company; Hartford Underwriters Insurance Company; TASB Risk Management Fund; Transportation Insurance Company; Truck Insurance Exchange; Twin City Fire Insurance Company; Valley Forge Insurance Company; Zenith Insurance Company; and Texas Department of Insurance, Division of Workers’ Compensation, Appellees

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-GN-15-004940, THE HONORABLE JAN SOIFER, JUDGE PRESIDING

MEMORANDUM OPINION

PER CURIAM

Appellant PHI Air Medical, LLC, appealed the trial court’s judgment in favor of

Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk

Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City

Fire Insurance Company, Valley Forge Insurance Company, and Zenith Insurance Company

(collectively “the Insurers”). This Court reversed the trial court’s judgment. See PHI Air Med.,

LLC v. Texas Mut. Ins., 549 S.W.3d 804 (Tex. App.—Austin 2018). The Insurers and the

Department of Insurance, Division of Workers’ Compensation appealed, and the Texas Supreme Court reversed this Court’s decision and remanded to this Court. Texas Mut. Ins. v. PHI Air

Med., LLC, __ S.W.3d __, 2020 WL 3477002 (Tex. June 26, 2020). PHI then filed a petition for

writ of certiorari with the Supreme Court of the United States (SCOTUS).

PHI has now filed an unopposed motion to stay proceedings until after SCOTUS

has reviewed the petition. We grant the motion and abate the appeal pending review by

SCOTUS. The parties are instructed to notify this Court within thirty days of SCOTUS’s

decision regarding whether to grant the petition. Failure to timely comply may result in the case

being dismissed for want of prosecution. See Tex. R. App. P. 42.3(b).

Before Justices Goodwin, Baker, and Kelly

Abated

Filed: December 17, 2020

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Related

PHI Air Med., LLC v. Tex. Mut. Ins. Co.
549 S.W.3d 804 (Court of Appeals of Texas, 2018)

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Bluebook (online)
PHI Air Medical, LLC v. Texas Mutual Insurance Company, Hartford Underwriters Insurance Company, TASB Risk Management Fund, Transportation Insurance Company, Truck Insurance Exchange, Twin City Fire Insurance Company, Valley Forge Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phi-air-medical-llc-v-texas-mutual-insurance-company-hartford-texapp-2020.