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

Chairman Ret Are agents and attorneys of Texas Board of Insurance State Life Insurance Companyentitled Commlssiorlers to copy letters written to the Board Austin, Texas of Insurance Commfssioners about the company? Dear Sir: Wehave your request for our opinion on the above question, as contained in your letter of September 15, 1941, which we quoter

llYouare familiar with the fact that the Board of Insurance Commissioners voted to refer the Texas State Life Insurance Companyof 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 6ompanyit was agreed that this Department would answer Q.&;u;ies with a certain form of letter, copy of which is at-

.

“Wehave had somediscussion with the Companyabout this letter andhave indicated to themthat wewould like to answer Inquiries more in detail, at the sametime making only such statements as are correct and proper. In discussing this matter with the Company*sattorneys on Saturday, February 13, they requested to see someof the letters that were written to the Department which we desired to answer. Someof these letters were shownto their attorney byMr, Barrow, Chief Examiner and Chlef Clerk, in the offfce 0 Thefr attorney, Mr. Milton Vance, then stated they would like to have a stenographer cometo the Department and makea copy of all letters which have been written to us about the Texas State Lffe Insurance Companysince the filing of the suit In Mayof this year,

“Will you please give us your opinion as to whether or not the Companyand its attorneys are entitled to makea copy of letters written to us about the Company?”

Weare informed by Mr. DaB0Barrow, 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 Companycan showao Interest i.nthese letters. Then ff these letters are records of a public natureBandnot secret and confidential, the duly appointed representatives of the companywould seemto have a right to inspect them, and copy them. Such is the holding of our Opinions No. O-2044 andNo. O-3755, cop:les of which are attached hereto. Butwhocan say that these letters are not secret and confldentlal? In the very nature of them9manyof the writers must have so intended them.

“With respeet to property in letters and the right to restrain the publication o,fprivate 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 makeany unauthorized publication thereof. 

### 51L.&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:

‘“15D Gfve certified copies. I~At .th,erequest 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, 9at-id shall give such other certiffcates as me provided for by lawelf (Underscor%ng ours01 It is therefore our opfnfon that agents and attorneys of ah insurance companyare 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

SEP23, 1941 ~/s/ Gerald C. Mann ATTORNEY

GENERAL

OFTEXAS APPROVED:

;P&NI~~ONC~TTEE BY: 9 WRAs GOgwb ENCKKWRFi Yours very truly ATTORNEY

GENERAL

OFTEXAS By/s/ W,R0Al,len W. FL,Allen, Assfstaht