Tex. Codes » Insurance Code · TITLE 2. TEXAS DEPARTMENT OF INSURANCE · SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE · CHAPTER 36. DEPARTMENT RULES AND PROCEDURES
Texas Codes

Tex. Ins. Code § 36.202 (2026)

Petition For Judicial Review

✓ current as of May 2026
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Sec. 36.202. PETITION FOR JUDICIAL REVIEW. (a) After failing to get relief from the commissioner, any insurance company or other party at interest who is dissatisfied with an action of the commissioner may file a petition for judicial review against the commissioner as defendant.

(b) The petition must state the particular objection to the action and may be filed only in a district court in Travis County.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 2008–2025 · leading case: Ojo v. Farmers Grp., Inc., 565 F.3d 1175 (9th Cir. 2009).
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Ojo v. Farmers Grp., Inc., 565 F.3d 1175 (9th Cir. 2009). · cites it 2× “Tex. Ins.Code § 36.202(a). Ojo does not allege that Farmers failed to file its algorithms and processes with the Texas Department of Insurance as required.”
Hancock v. Chicago Title Ins., 635 F. Supp. 2d 539 (N.D. Tex. 2009). “7 (quoting Tex. Ins. Code Ann. § 36.202 ). The Insurance Code provides that “[a]n action of the commissioner subject to judicial review under this sub-chapter includes a decision, order, rate, rule, form, or administrative or other ruling of the commissioner.”
Am. Nat'l Ins. Co. v. Texas Dep't of Ins., 364 S.W.3d 299 (Tex. App.—Austin 2010). · cites it 2× “038 (West 2008); Tex. Ins.Code Ann. § 36.202 (West 2009). The Companies and the Department stipulated to the facts, and both sought summary judgment on their respective interpretations of the relevant law.”
ASI Lloyds Ins. Co. v. Texas Windstorm Ins. Ass'n, & the Honorable Cassie Brown, in Her Off. Capacity As, Comm'r, Texas Dep't of Ins., No. 15-24-00083-CV (Tex. App.—15th Dist. Jan. 10, 2025). · cites it 4× “11, 13 Tex. Ins. Code § 36.202…..…………………….………….…….”
Manuel J. Montemayor v. Texas Dep't of Ins., No. 13-19-00249-CV (Tex. App.—Corpus Christi–Edinburg May 13, 2021). · cites it 2× “In response, TDI filed a plea to the jurisdiction, asserting that Texas Insurance Code § 36.202(b)’s requirement that the action be filed in Travis County is jurisdictional.”
Am. Nat'l Ins. Co. & Am. Nat'l Life Ins. Co. of Texas v. Texas Dep't of Ins. The Honorable Mike Geeslin, Comm'r of Ins. & the Honorable Danny Saenz, Senior Associate Comm'r, No. 03-08-00535-CV (Tex. App.—Austin Dec. 16, 2009). · cites it 2× “038 (West 2008); Tex. Ins. Code Ann. § 36.202 (West 2009).”
Am. Nat'l Ins. Co. & Am. Nat'l Life Ins. Co. of Texas v. Texas Dep't of Ins. The Honorable Mike Geeslin, Comm'r of Ins. & the Honorable Danny Saenz, Senior Associate Comm'r, No. 03-08-00535-CV (Tex. App.—Austin Apr. 22, 2010). · cites it 2× “038 (West 2008); Tex. Ins. Code Ann. § 36.202 (West 2009).”
Texas Dep't of Ins. & Cassie Brown, in Her Capacity as Comm'r of the Texas Dep't of Ins. v. Texas Land Title Ass'n, No. 15-25-00107-CV (Tex. App.—15th Dist. June 20, 2025). “038, and also an appeal (petition for review) of the rate order under Tex. Ins. Code § 36.202. TLTA also sought a temporary injunction to forestall application of the Order on grounds that it would cause irreparable harm to an industry that was already suffering the effects of a…”
Eric H. Scheffey, M.D. v. Edna Ramon Butts, Interim Comm'r of Ins. of the Texas Dep't of Ins., Gloria Leal, Temp. Acting Comm'r of Ins. of the Texas Dep't of Ins. & Texas Med. Liab. Ins. Underwriting Ass'n, No. 03-04-00811-CV (Tex. App.—Austin Feb. 15, 2008). “See Tex. Ins. Code Ann. §§ 36.202 -.203. Furthermore, the provision of the insurance code governing appellate review of an order by the Commissioner is found after section 36.”
Eric H. Scheffey, M.D. v. Edna Ramon Butts, Interim Comm'r of Ins. of the Texas Dep't of Ins., Gloria Leal, Temp. Acting Comm'r of Ins. of the Texas Dep't of Ins. & Texas Med. Liab. Ins. Underwriting Ass'n, No. 03-04-00811-CV (Tex. App.—Austin Feb. 15, 2008). “See Tex. Ins. Code Ann. §§ 36.202 -.203. Furthermore, the provision of the insurance code governing appellate review of an order by the Commissioner is found after section 36.”
Am. Nat'l Ins. Co. & Am. Nat'l Life Ins. Co. of Texas v. Texas Dep't of Ins. The Honorable Mike Geeslin, Comm'r of Ins. & the Honorable Danny Saenz, Senior Associate Comm'r, No. 03-08-00535-CV (Tex. App.—Austin Dec. 16, 2009). “038 (West 2008); Tex. Ins. Code Ann. § 36.202 (West 2009).”
Am. Nat'l Ins. Co. & Am. Nat'l Life Ins. Co. of Texas v. Texas Dep't of Ins. The Honorable Mike Geeslin, Comm'r of Ins. & the Honorable Danny Saenz, Senior Associate Comm'r, No. 03-08-00535-CV (Tex. App.—Austin Apr. 22, 2010). “038 (West 2008); Tex. Ins. Code Ann. § 36.202 (West 2009).”
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Tex. Ins. Code § 36.202(a): 2 cases
Ojo v. Farmers Grp., Inc., 565 F.3d 1175 (9th Cir. 2009). “Tex. Ins.Code § 36.202(a). Ojo does not allege that Farmers failed to file its algorithms and processes with the Texas Department of Insurance as required.”
Ojo v. Farmers Grp., Inc., No. 06-55522 (9th Cir. May 12, 2009).
Tex. Ins. Code § 36.202(b): 1 case
Manuel J. Montemayor v. Texas Dep't of Ins., No. 13-19-00249-CV (Tex. App.—Corpus Christi–Edinburg May 13, 2021). “In response, TDI filed a plea to the jurisdiction, asserting that Texas Insurance Code § 36.202(b)’s requirement that the action be filed in Travis County is jurisdictional.”
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