When to Certify

The question whether an insurance statute violated the Texas Constitution’s prohibition on “retroactive laws” presented a textbook case for certification in Fire Protection Service, Inc. v. Survitec Survival Prods, Inc.: “Beyond the closeness of the question and the dearth of on-point precedent, considerations of comity counsel in favor of certification.” No. 21-20145 (Nov. 22, 2021).