The courtroom’s reasoning targeted on the statutory construction. It emphasised that the Insurance coverage Code authorizes the commissioner to undertake a plan of operation for TWIA and to set how member participation is decided yearly. The opinion cites Part 2210.052, which directs that participation be decided yearly within the method supplied by the plan of operation, and Part 2210.0725(b), which ties Class 1 evaluation proportions to that methodology. The judges defined that defining a “disaster 12 months” – the 12 months losses happen, no matter when they’re paid – doesn’t prescribe which 12 months’s market‑share knowledge the plan should use to allocate assessments.
