reglab/housing_qa huggingface dataset:
TX Ins Code § 705.101 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle F - Insurance Fraud and Identity Theft|Chapter 705 - Misrepresentations by Policyholders|Subchapter C. Special Provisions Related to Life Insurance Policies|Section 705.101. Definition

Sec. 705.101.  DEFINITION.  In this subchapter, "insurance policy" means a contract or policy of insurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 705.102 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle F - Insurance Fraud and Identity Theft|Chapter 705 - Misrepresentations by Policyholders|Subchapter C. Special Provisions Related to Life Insurance Policies|Section 705.102. Applicability of Subchapter

Sec. 705.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any insurance policy issued or contracted for in this state.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 705.103 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle F - Insurance Fraud and Identity Theft|Chapter 705 - Misrepresentations by Policyholders|Subchapter C. Special Provisions Related to Life Insurance Policies|Section 705.103. Documents to Accompany Policy

Sec. 705.103.  DOCUMENTS TO ACCOMPANY POLICY.  Except as otherwise provided by this code, a life insurance policy must be accompanied by a copy of:(1)  the policy application;  and(2)  any questions and answers given in connection with the application.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 705.104 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle F - Insurance Fraud and Identity Theft|Chapter 705 - Misrepresentations by Policyholders|Subchapter C. Special Provisions Related to Life Insurance Policies|Section 705.104. Misrepresentation in Application for Life Insurance

Sec. 705.104.  MISREPRESENTATION IN APPLICATION FOR LIFE INSURANCE.  A defense based on a misrepresentation in the application for, or in obtaining, a life insurance policy on the life of a person in or residing in this state is not valid or enforceable in a suit brought on the policy on or after the second anniversary of the date of issuance of the policy if premiums due on the policy during the two years have been paid to and received by the insurer, unless:(1)  the insurer has notified the insured of the insurer's intention to rescind the policy because of the misrepresentation;  or(2)  it is shown at the trial that the misrepresentation was:(A)  material to the risk;  and(B)  intentionally made.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 705.105 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle F - Insurance Fraud and Identity Theft|Chapter 705 - Misrepresentations by Policyholders|Subchapter C. Special Provisions Related to Life Insurance Policies|Section 705.105. Applicability of Other Law

Sec. 705.105.  APPLICABILITY OF OTHER LAW.  Subchapter A does not apply to a life insurance policy:(1)  that contains a provision making the policy incontestable after two years or less;  and(2)  on which premiums have been duly paid.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 751.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter A. General Provisions|Section 751.001. Short Title

Sec. 751.001.  SHORT TITLE.  This chapter may be cited as the Insurance Market Conduct Surveillance Act.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter A. General Provisions|Section 751.002. Purpose and Scope

Sec. 751.002.  PURPOSE AND SCOPE.  (a)  The purpose of this chapter is to establish a framework for department market conduct actions, including:(1)  processes and systems for identifying, assessing, and prioritizing market conduct problems that have a substantial adverse impact on consumers, policyholders, and claimants;(2)  development of appropriate market conduct actions by the commissioner as required to:(A)  substantiate market conduct problems; and(B)  remedy significant market conduct problems; and(3)  procedures to communicate and coordinate market conduct actions with other states to foster the most efficient and effective use of resources.(b)  Notwithstanding any other law of this state, the department or commissioner, as applicable, may undertake market analysis or market conduct action only as provided by this chapter.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.004 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter A. General Provisions|Section 751.004. Immunity

Sec. 751.004.  IMMUNITY.  (a)  A cause of action does not arise, and liability may not be imposed, for any statements made or conduct performed in good faith while implementing this chapter, against:(1)  the commissioner;(2)  an authorized representative of the commissioner; or(3)  an examiner appointed by the commissioner.(b)  A cause of action does not arise, and liability may not be imposed, against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner under an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.(c)  A person identified in Subsection (a) is entitled to attorney's fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities conducted in implementing this chapter, and the party bringing the action was not substantially justified in doing so.  For purposes of this subsection, an action is "substantially justified" if the action had a reasonable basis in law or fact at the time that it was initiated.(d)  This section does not abrogate or modify any common law or statutory privilege or immunity.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.051 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter B. General Powers and Duties of Commissioner|Section 751.051. Participation in National Market Conduct Databases

Sec. 751.051.  PARTICIPATION IN NATIONAL MARKET CONDUCT DATABASES.  (a)  The commissioner shall collect and report market data to the National Association of Insurance Commissioners' market information systems, including the complaint database system, the examination tracking system, the regulatory information retrieval system, or other successor systems of that association, as determined by the commissioner.(b)  Information collected and maintained by the department shall be compiled in a manner that meets the requirements of the National Association of Insurance Commissioners.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.052 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter B. General Powers and Duties of Commissioner|Section 751.052. Coordination With Other States; Registration of Contract Examiner

Sec. 751.052.  COORDINATION WITH OTHER STATES; REGISTRATION OF CONTRACT EXAMINER.  (a)  The commissioner shall coordinate the department's market analysis and examination efforts with other states through the National Association of Insurance Commissioners.(b)  A person with whom another state contracts to perform any market analysis or examination initiated by the other state of an insurer domiciled in this state shall register with and provide the following information to the department's chief examiner:(1)  the person's name;(2)  if the person is not an individual, the identity of each examiner or other person who will perform any part of the market analysis or examination;(3)  the name of the state that contracted with the person;(4)  the identity of the insurer to be examined;(5)  a description of each issue that the person has been contracted to examine;(6)  an estimate of the examination costs to be charged to the insurer to be examined;(7)  a copy of any contract between the person and the state regulatory body that initiated the examination and the letter authorizing the examination; and(8)  a list of the previous examinations conducted on the same insurer on behalf of any state within the last three years.(b-1)  On accepting a person's registration under Subsection (b), the department shall send written confirmation of the acceptance to:(1)  the person;(2)  the insurer to be examined; and(3)  the state regulatory body that initiated the examination.(c)  It is a violation of this code for a person to accept compensation from multiple states for the same examination, if doing so results in duplicative costs to the insurer being examined.  It is not a violation of this code for:(1)  an examiner to conduct an examination of an insurer for the benefit of multiple states in a coordinated examination; and(2)  the examiner to accept compensation from the states participating in the coordinated examination to reduce the examination costs to the insurer being examined.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1030 (H.B. 4359), Sec. 1, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 185 (S.B. 1229), Sec. 2, eff. May 28, 2011.|
TX Ins Code § 751.053 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter B. General Powers and Duties of Commissioner|Section 751.053. Information From Commissioner

Sec. 751.053.  INFORMATION FROM COMMISSIONER.  (a)  At least once annually or more frequently if determined necessary by the commissioner, the commissioner shall provide in an appropriate manner to insurers and other entities subject to this code information regarding new laws and rules, enforcement actions, and other information the commissioner considers relevant to ensure compliance with market conduct requirements.(b)  The commissioner may provide the notice required under Subsection (a) in an electronic format that is designed to give insurers and other entities adequate notice.(c)  Failure by the commissioner to provide the information described by Subsection (a) does not constitute a defense for an insurer who fails to comply with an insurance law of this state.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.054 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter B. General Powers and Duties of Commissioner|Section 751.054. Report of Violations

Sec. 751.054.  REPORT OF VIOLATIONS.  (a)  The commissioner shall designate an individual within the department whose responsibilities shall include the receipt of information from employees of insurers and other entities regulated by the department regarding violations of laws or rules by their employers.  The commissioner's designee shall be properly trained in the handling of that information.(b)  Information received under this section is a confidential communication and is not public information.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.055 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter B. General Powers and Duties of Commissioner|Section 751.055. Exercise of Subpoena Authority

Sec. 751.055.  EXERCISE OF SUBPOENA AUTHORITY.  The commissioner has the subpoena power authorized by Subchapter C, Chapter 36, for the production of documents under this chapter and enforcement of this subtitle.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.101 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter C. Relations With Other States|Section 751.101. Commissioner Authority; Interactions With Other Insurance Commissioners of Other States

Sec. 751.101.  COMMISSIONER AUTHORITY; INTERACTIONS WITH OTHER INSURANCE COMMISSIONERS OF OTHER STATES.  (a)  The commissioner has responsibility for conducting market conduct examinations on domestic insurers.  The commissioner may delegate that responsibility to the insurance commissioner of another state, if that insurance commissioner agrees to accept the delegated responsibility.  If the commissioner elects to delegate responsibility for examining an insurer, the commissioner shall accept a report of the examination prepared by the insurance commissioner to whom the responsibility has been delegated.(b)  If the insurer to be examined is part of an insurance holding company system, the commissioner may also seek to simultaneously examine any affiliate of the insurer that is authorized to write the same types of insurance in this state as the insurer if the insurance commissioner of the state in which the affiliate is organized consents and delegates responsibility for that examination.(c)  In lieu of conducting a targeted examination of an insurer that holds a certificate of authority in this state but is not a domestic insurer, the commissioner shall accept a report of a market conduct examination regarding that insurer prepared by the insurance commissioner of the state in which the insurer is organized or by another state if:(1)  the laws of the examining state that are applicable to the subject of the examination are substantially similar to those of this state; and(2)  the examining state has a market conduct surveillance system that the commissioner deems comparable to the market conduct surveillance system required under this chapter.(d)  The commissioner's determination under Subsection (c)(2) is discretionary with the commissioner and is not subject to appeal.(e)  Subject to a determination under Subsection (c), if a market conduct examination conducted by another state results in a finding that an insurer should modify a specific practice or procedure, the commissioner shall accept documentation that the insurer has made a similar modification in this state in lieu of initiating a market conduct action or examination related to that practice or procedure.  The commissioner may require other or additional practice or procedure modifications.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.151 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter D. Market Analysis Procedures|Section 751.151. Collection of Information; Commissioner Analysis

Sec. 751.151.  COLLECTION OF INFORMATION; COMMISSIONER ANALYSIS.  (a)  Subject to Subsection (d), the commissioner shall gather insurance market information from:(1)  data available to the department, including survey results and information required to be reported to the department;(2)  information collected by the National Association of Insurance Commissioners and other public and private sources; and(3)  information from within and outside the insurance industry.(b)  The commissioner shall analyze the information compiled under Subsection (a) as necessary to:(1)  develop a baseline understanding of the insurance marketplace; and(2)  identify for further review insurers or insurance practices that deviate significantly from the norm or that pose a potential risk to the insurance consumer.(c)  The commissioner shall use the market analysis handbook as a resource in performing the analysis required under this section.(d)  Except as otherwise specifically provided, the department or the commissioner, as applicable, may not require an insurer to report information in a manner that is inconsistent with the records the insurer maintains in the ordinary course of business or can create at a reasonable expense or effort.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.152 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter D. Market Analysis Procedures|Section 751.152. Additional Analysis of Market Actions

Sec. 751.152.  ADDITIONAL ANALYSIS OF MARKET ACTIONS.  (a)  If, as a result of the market analysis, the commissioner determines that further inquiry into a particular insurer or insurance practice is needed, the commissioner shall consider taking one or more of the market conduct actions described by Subsection (b) before conducting a targeted examination.  If a market conduct action selected by the commissioner requires the participation of or a response by the affected insurer, the commissioner shall notify the insurer of the action selected in writing.(b)  Market conduct actions described by Subsection (a) may include:(1)  correspondence with the insurer;(2)  insurer interviews;(3)  information gathering;(4)  policy and procedure reviews;(5)  interrogatories; and(6)  review of insurer self-evaluation and compliance programs, including insurer membership in a best-practice organization.(c)  The commissioner shall select market conduct actions that are efficient and cost-effective for the department and the insurer while protecting the interests of the insurance consumer.(d)  The commissioner shall take steps reasonably necessary to:(1)  eliminate requests for information that duplicates or conflicts with information provided as part of an insurer's annual financial statement, the annual market conduct statement of the National Association of Insurance Commissioners, or other required schedules, surveys, or reports that are regularly submitted to the commissioner, or with data requests made by other states if that information is available to the commissioner, unless the information is state specific; and(2)  coordinate the market conduct actions and findings of this state with those of other states.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.201 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.201. Examination

Sec. 751.201.  EXAMINATION.  (a)  If the commissioner determines that a market conduct action described by Section 751.152(b) is not appropriate, the commissioner may conduct a targeted examination in accordance with the market conduct uniform examination procedures and the market conduct examiners handbook.(b)  A targeted examination may be conducted through a desk examination or an on-site examination.  To the extent feasible, the department shall conduct a market conduct examination through desk examinations and data requests before conducting an on-site examination.(c)  The department shall conduct an examination in accordance with the market conduct examiners handbook and the market conduct uniform examinations procedures.(d)  The department shall use the standard data request or a successor product that is substantially similar to the standard data request as adopted by the commissioner by rule.(e)  If the insurer to be examined is not a domestic insurer, the commissioner shall coordinate the examination with the insurance commissioner of the state in which the insurer is organized.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.202 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.202. Work Plan

Sec. 751.202.  WORK PLAN.  Before beginning an examination, market conduct surveillance personnel shall prepare a work plan that includes:(1)  the name and address of the insurer to be examined;(2)  the name and contact information of the examiner-in-charge;(3)  a statement of the reasons for the examination;(4)  a description of the scope of the examination;(5)  the date the examination is scheduled to begin;(6)  notice to any non-insurance department personnel who will assist in the examination;(7)  a time estimate for the examination; and(8)  if the cost of the examination is billed to the affected insurer:(A)  a budget for the examination; and(B)  an identification of factors that will be included in the billing.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.203 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.203. Notice of Examination

Sec. 751.203.  NOTICE OF EXAMINATION.  (a)  Unless the examination is conducted in response to extraordinary circumstances as described by Section 751.153(b), the department shall notify an affected insurer of an examination not later than the 60th day before the scheduled date of the beginning of the examination.  The notice must include the examination work plan and a request that the insurer name an examination coordinator for the insurer.(b)  In addition to the notice required under Subsection (a), the commissioner shall post notice that a market conduct examination has been scheduled on the National Association of Insurance Commissioners examination tracking system.(c)  If a targeted examination is expanded beyond the reasons provided to the insurer in the notice of the examination required under Subsection (a), the commissioner shall provide written notice to the insurer, explaining the extent of the expansion and the reasons for the expansion.  The department shall provide a revised work plan to the insurer before the beginning of any significantly expanded examination.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|
TX Ins Code § 751.204 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle G - Regulation of Insurer Market Conduct|Chapter 751 - Market Conduct Surveillance|Subchapter E. Examinations|Section 751.204. Pre-Examination Conference

Sec. 751.204.  PRE-EXAMINATION CONFERENCE.  Not later than the 30th day before the scheduled date of the examination, the commissioner shall conduct a pre-examination conference with the insurer's examination coordinator and key personnel to clarify expectations.|Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.|