Court of Appeals of Texas, Austin. DAVID PURYEAR, Justice. Appellants Jeff Domizio, Frank Valenzuela, and Maria Valenzuela filed a lawsuit against appellee Progressive County Mutual Insurance Company ('Progressive') in Travis County district court, individually and on behalf of an alleged class, alleging that the late fees charged by Progressive for untimely payment of automobile insurance policies constituted usurious charges of interest. Alternatively, appellants allege that those charges were improper and unenforceable liquidated damages constituting unjust enrichment. Progressive filed a counterclaim seeking a declaration that the payment of insurance premiums in monthly installments does not involve a lending transaction to which the usury statutes apply. ![]() Texas Automobile Rules And Rating Manual Rule 14Analyzes industry trends, prepares workers' compensation insurance rate recommendations, assists in pricing proposed legislation, and provides a. Both parties filed motions for summary judgment. The trial court, in granting summary judgment in favor of Progressive, found that Progressive's installment payment plan was not a loan, financing, or any form of an extension of credit to Progressive's policyholders and that the late fees Progressive charged its policyholders did not constitute interest under the Texas usury statutes. We will affirm the judgment of the trial court. FACTUAL AND PROCEDURAL BACKGROUND Appellants individually purchased Texas standard automobile policies from Progressive and made premium payments consistent with an installment payment plan as authorized by Manual Rule 14 of the Texas Automobile Rules and Rating Manual. Appellants, by agreement, were charged service charges in accordance with Manual Rule 14. 1 In addition to this service charge, Progressive assesses a six dollar late fee for each premium installment payment post marked later than two days after the date on which the payment is due. Domizio was charged the six dollar late fee on his $62.38 installment payment, and the Valenzuelas were also charged six dollars for late payment of their $79.12 installment payment. Appellants filed this lawsuit as a prospective class action on behalf of all persons in Texas who had been charged by and paid a late fee to Progressive in connection with installment payment plans for automobile and motorcycle insurance policies issued by Progressive. Appellants alleged that the late fees Progressive collected constituted usurious charges of interest. In addition, appellants alleged that these late fees were improper and unenforceable liquidated damages. Appellants filed a motion for class certification, and both parties filed motions for summary judgment. On April 11, 2000, the trial court declined to hear appellants' motion for class certification and instead granted Progressive's motion to sever and abated the class action pending a final, non-appealable adjudication of appellants' threshold legal question: whether the late fees were usurious. On May 17, 2000, the trial court denied appellants' motion for summary judgment and granted Progressive's motion for summary judgment. The trial court found that Progressive's installment plan was not a loan, financing, or extension of credit, and that the late fees were not usurious. Appellants appeal from the April 11 and May 17 orders. Automapa apk cracked download. DISCUSSION Standard of Review To prevail on summary judgment, a plaintiff must conclusively establish all elements of his cause of action as a matter of law. 166a(c); City of Houston v.
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