Hon. 0. P. Lockhart Opinion No. O-3987 

Chairman Ret Are agents and attorneys of Texas 

Board of Insurance State Life Insurance Company entitled 

Commlssiorlers to copy letters written to the Board 

Austin, Texas of Insurance Commfssioners about the 

company? 

Dear Sir: 

We have your request for our opinion on the above question, 

as contained in your letter of September 15, 1941, which we quoter 

llYou are familiar with the fact that the Board of 

Insurance Commissioners voted to refer the Texas State Life 

Insurance Company of Dallas, Texas, to you for legal action 

to place It In receivership and to cancel Its charter; further that following an application for au injunction filed by 

the 6ompany it was agreed that this Department would answer 

Q.&;u;ies with a certain form of letter, copy of which is at- 

. 

“We have had some discussion with the Company about this 

letter and have indicated to them that we would like to answer 

Inquiries more in detail, at the same time making only such 

statements as are correct and proper. In discussing this matter with the Company*s attorneys on Saturday, February 13, they 

requested to see some of the letters that were written to the 

Department which we desired to answer. Some of these letters 

were shown to their attorney by Mr, Barrow, Chief Examiner and 

Chlef Clerk, in the offfce 0 Thefr attorney, Mr. Milton Vance, 

then stated they would like to have a stenographer come to the 

Department and make a copy of all letters which have been written to us about the Texas State Lffe Insurance Company since 

the filing of the suit In May of this year, 

“Will you please give us your opinion as to whether or not 

the Company and its attorneys are entitled to make a copy of 

letters written to us about the Company?” 

We are informed by Mr. Da B0 Barrow, Chief Bxaminer for the 

Board of Insurance Commissioners, that the letters to which you refer 

are commuulcatlons from private parties to the Board, most of them ‘being inquiries about the Texas State Lffe Insurance Company, and some 

of them being complaints about the company, 
Hon. 0. P. Lockhart, page 2 (O-3987) 

It must be conceded that the Texas State Lffe Insurance 

Company can show ao Interest i.n these letters. Then ff these letters 

are records of a public nature B and not secret and confidential, the 

duly appointed representatives of the company would seem to have a 

right to inspect them, and copy them. Such is the holding of our 

Opinions No. O-2044 and No. O-3755, cop:les of which are attached hereto. 

But who can say that these letters are not secret and confldentlal? In the very nature of them9 many of the writers must have 

so intended them. 

“With respeet to property in letters and the right 

to restrain the publication o,f private correspondenoe, 

there appear to be no Texas authorities 

8 

although decisions on these questions axe to be fouo 

dictions.” 27 Tex.Jur, 433 

fn other jurfsThe general rule seems to be that the writer of even a mere 

business or personal letter has a property right therein; and that no 

one else with certain exceptions not necessary to be noted here, has 

any righe to make any unauthorized publication thereof. 

51 L.&A. 360, 361.) 

(See Note, 

Further, the Board of Imurance Comu&ssfoners has the right, 

by inference at leas,t, to refuse pr%vate persons access to such commwnlcations, under the terms of Section l5 of Artfcle 4682, Revfsed 

Civil Statutes, 192s9 whfch fs as fo1lows: 

‘“15 D Gfve certified copies. I~ At .th,e request of any 

person, and oh the payment of the legal fee, he shall give 

certified copies of any re,cord or papeps in his office, 

9 at-id 

shall give such other certiffcates as me provided for by 

law elf (Underscor%ng ours 0 1 

It is therefore our opfnfon that agents and attorneys of ah 

insurance company are hot en.tl,tled, as a m,atter of right, to Copy 

letters written by private parties to the Board of Insurance Commissioners about such fnsuraaee com.pany. 

APPROVED SEP 23, 1941 

~/s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

APPROVED: ;P&NI~~ONC~TTEE 

BY: 9 

WRAs GOgwb 

ENCKKWRFi 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ W, R0 Al,len 

W. FL, Allen, Assfstaht