TX 3rd: No Negligence vs Carrier Until Admin Exhausted

The Third District of the Texas Court of Appeals ruled that the trial court had no jurisdiction over a negligence claim where the employer had failed to exhaust administrative remedies in a related breach of contract claim. In the matter of In re Texas Mutual Insurance Company, 03-04-00415-CV, 12/22/2004, Cattleco, Inc. (Cattleco) contacted Goetz Insurors (Goetz), an insurance agency, to procure workers compensation insurance for the company. After discovering that Cattleco's current insurer was going to drop coverage, Goetz contacted Texas Mutual Insurance Company (Texas Mutual) in Dece...