Ojo
Ojo v. Farmers Group, Inc.
Opinion
Lead Opinion
ORDER
The per curiam opinion filed on April 9, 2010, and the order certifying a question to the Supreme Court of Texas, filed on April 9, 2010, are AMENDED as follows.
The caption states:
The word “Attorney” and the following comma is deleted so that the revised caption states:
It is so ORDERED.
ORDER
We respectfully certify to the Supreme Court of Texas the question of law set forth in this order, pursuant to Texas Rule of Appellate Procedure 58. The question of law is determinative of the matter pending before this court, and there is no clearly controlling precedent in the decisions of the Supreme Court of Texas.
I
We summarize the material facts: Patrick O. Ojo is an African-American resident of Texas and the owner of a homeowner’s property-and-casualty policy issued by Farmers Group, Inc. (“Farmers”), a Nevada Corporation that maintains its headquarters in Los Angeles, California. In January 2004, Farmers increased Ojo’s homeowner’s insurance premium by nine percent even though he had made no prior claims on the policy. Farmers allegedly told Ojo that the increase was due to unfavorable credit information obtained through the company’s automated credit-scoring…