reglab/housing_qa huggingface dataset:
TX Ins Code § 542.059 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter B. Prompt Payment of Claims|Section 542.059. Extension of Deadlines

Sec. 542.059.  EXTENSION OF DEADLINES.  (a)  A court may grant a request by a guaranty association for an extension of the periods under this subchapter on a showing of good cause and after reasonable notice to policyholders.(b)  In the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner, the claim-handling deadlines imposed under this subchapter are extended for an additional 15 days.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.060 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter B. Prompt Payment of Claims|Section 542.060. Liability for Violation of Subchapter

Sec. 542.060.  LIABILITY FOR VIOLATION OF SUBCHAPTER.  (a)  Except as provided by Subsection (c), if an insurer that is liable for a claim under an insurance policy is not in compliance with this subchapter, the insurer is liable to pay the holder of the policy or the beneficiary making the claim under the policy, in addition to the amount of the claim, interest on the amount of the claim at the rate of 18 percent a year as damages, together with reasonable and necessary attorney's fees. Nothing in this subsection prevents the award of prejudgment interest on the amount of the claim, as provided by law.(b)  If a suit is filed, the attorney's fees shall be taxed as part of the costs in the case.(c)  In an action to which Chapter 542A applies, if an insurer that is liable for a claim under an insurance policy is not in compliance with this subchapter, the insurer is liable to pay the holder of the policy, in addition to the amount of the claim, simple interest on the amount of the claim as damages each year at the rate determined on the date of judgment by adding five percent to the interest rate determined under Section 304.003, Finance Code, together with reasonable and necessary attorney's fees.  Nothing in this subsection prevents the award of prejudgment interest on the amount of the claim, as provided by law.  Interest awarded under this subsection as damages accrues beginning on the date the claim was required to be paid.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 2, eff. September 1, 2017.|
TX Ins Code § 542.061 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter B. Prompt Payment of Claims|Section 542.061. Remedies Not Exclusive

Sec. 542.061.  REMEDIES NOT EXCLUSIVE.  The remedies provided by this subchapter are in addition to any other remedy or procedure provided by law or at common law.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.101 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter C. Providing Certain Claims Information on Request|Section 542.101. Request by Named Insured Under Liability Insurance Policy

Sec. 542.101.  REQUEST BY NAMED INSURED UNDER LIABILITY INSURANCE POLICY.  (a)  In this section, "liability insurance" means:(1)  general liability insurance;(2)  professional liability insurance, including medical professional liability insurance;(3)  commercial automobile liability insurance;  and(4)  the liability portion of commercial multiperil insurance.(b)  On written request of a named insured under a liability insurance policy, the insurer that wrote the policy shall provide to the insured information relating to the disposition of a claim filed under the policy.  The information must include:(1)  the name of each claimant;(2)  details relating to:(A)  the amount paid on the claim;(B)  settlement of the claim;  or(C)  judgment on the claim;(3)  details as to how the claim, settlement, or judgment is to be paid;  and(4)  any other information required by rule of the commissioner that the commissioner considers necessary to adequately inform an insured with regard to any claim under a liability insurance policy.(c)  A request for information under this section must be transmitted to the insurer not later than six months after the date of disposition of the claim.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.102 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter C. Providing Certain Claims Information on Request|Section 542.102. Request by Policyholder Under Property and Casualty Insurance Policy

Sec. 542.102.  REQUEST BY POLICYHOLDER UNDER PROPERTY AND CASUALTY INSURANCE POLICY.  (a)  On written request of a policyholder, an insurer that writes property and casualty insurance in this state shall provide the policyholder with a list of claims charged against the policy and payments made on each claim.(b)  This section does not apply to a workers' compensation insurance policy subject to Section 2051.151.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2D.009, eff. April 1, 2009.|
TX Ins Code § 542.103 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter C. Providing Certain Claims Information on Request|Section 542.103. Deadline for Providing Requested Information

Sec. 542.103.  DEADLINE FOR PROVIDING REQUESTED INFORMATION.  (a)  An insurer shall provide the information requested under this subchapter in writing not later than the 30th day after the date the insurer receives the request for the information.(b)  For purposes of this section, information is considered to be provided on the date the information is deposited with the United States Postal Service or is personally delivered.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.104 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter C. Providing Certain Claims Information on Request|Section 542.104. Rules

Sec. 542.104.  RULES.  The commissioner may by rule prescribe forms for requesting information and for providing requested information under this subchapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.131 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter C. -1. Request for Claims Information by Certain Officials|Section 542.131. Request by Certain Officials Engaged in Criminal Investigation

Sec. 542.131.  REQUEST BY CERTAIN OFFICIALS ENGAGED IN CRIMINAL INVESTIGATION.  (a)  This section applies only to a claim for a burglary or robbery loss or a death claim seeking life insurance proceeds that is filed with an insurance company on or after September 1, 2001.(b)  In the course of a criminal investigation and subject to Subsection (c), the state fire marshal, the fire marshal of a political subdivision of this state, the chief of a fire department in this state, a chief of police of a municipality in this state, or a sheriff in this state may request in writing that an insurance company investigating a claimed burglary or robbery loss or a death claim seeking life insurance proceeds release information in the company's possession that relates to that claimed loss.  The company shall release the information to any official authorized to request the information under this subsection if the company has reason to believe that the insurance claim is false or fraudulent.(c)  An official who requests information under this section may not request anything other than:(1)  an insurance policy relevant to an insurance claim under investigation and the application for that policy;(2)  policy premium payment records;(3)  the history of the insured's previous claims; and(4)  material relating to the investigation of the insurance claim, including:(A)  statements of any person;(B)  proof of loss; or(C)  other relevant evidence.(d)  This section does not authorize a public official or agency to adopt or require any form of periodic report by an insurance company.(e)  In the absence of fraud or malice, an insurance company or a person who releases information on behalf of an insurance company is not liable for damages in a civil action or subject to criminal prosecution for an oral or written statement made, or any other action taken, that relates to the information required to be released under this section.(f)  An official or department employee receiving information under this section shall maintain the confidentiality of the information until the information is required to be released during a criminal or civil proceeding.(g)  An insurance company or the company's representative may not intentionally refuse to release to an official described by Subsection (b) the information required to be released to that official under this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1D.001, eff. April 1, 2009.|
TX Ins Code § 542.151 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter D. Notice of Settlement of Claim Under Casualty Insurance Policy|Section 542.151. Applicability of Subchapter

Sec. 542.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to the settlement of a claim under a casualty insurance policy that is delivered, issued for delivery, or renewed in this state, including a policy written by:(1)  a county mutual insurance company;(2)  a Lloyd's plan;(3)  an eligible surplus lines insurer;  or(4)  a reciprocal or interinsurance exchange.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.152 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter D. Notice of Settlement of Claim Under Casualty Insurance Policy|Section 542.152. Exception

Sec. 542.152.  EXCEPTION.  This subchapter does not apply to:(1)  a casualty insurance policy that requires the insured's consent to settle a claim against the insured;(2)  fidelity, surety, or guaranty bonds; or(3)  marine insurance as defined by Section 1807.001.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.010(a), eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2D.010, eff. April 1, 2009.|
TX Ins Code § 542.153 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter D. Notice of Settlement of Claim Under Casualty Insurance Policy|Section 542.153. Notice Required

Sec. 542.153.  NOTICE REQUIRED.  (a)  Not later than the 10th day after the date an initial offer to settle a claim against a named insured under a casualty insurance policy issued to the insured is made, the insurer shall notify the insured in writing of the offer.(b)  Not later than the 30th day after the date a claim against a named insured under a casualty insurance policy issued to the insured is settled, the insurer shall notify the insured in writing of the settlement.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.154 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter D. Notice of Settlement of Claim Under Casualty Insurance Policy|Section 542.154. Rules

Sec. 542.154.  RULES.  The commissioner may adopt rules to implement this subchapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.201 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter E. Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies|Section 542.201. Purpose

Sec. 542.201.  PURPOSE.  This subchapter is intended to encourage insurers to take appropriate and necessary steps to collect from third parties or the insurers of the third parties.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.202 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter E. Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies|Section 542.202. Definition

Sec. 542.202.  DEFINITION.  In this subchapter, "action" includes taking various actions such as reasonable and diligent collection efforts, mediation, arbitration, and litigation against a responsible third party or the third party's insurer.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.203 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter E. Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies|Section 542.203. Applicability of Subchapter

Sec. 542.203.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any insurer that delivers, issues for delivery, or renews in this state a private passenger automobile insurance policy, including a reciprocal or interinsurance exchange, mutual insurance company, association, Lloyd's plan, or other insurer.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.204 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter E. Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies|Section 542.204. Action to Recover Deductible

Sec. 542.204.  ACTION TO RECOVER DEDUCTIBLE.  (a)  Notwithstanding any other provision of this code and except as provided by Subsection (b), if an insurer is liable to an insured for a claim that is subject to a deductible payable by the insured and a third party may be liable to the insurer or the insured for the amount of the deductible, the insurer shall:(1)  take action to recover the deductible against the third party not later than the first anniversary of the date the insured's claim is paid;  or(2)  pay the amount of the deductible to the insured.(b)  An insurer is not required to take action or pay the amount of the deductible as required by Subsection (a) if, not later than the earlier of the first anniversary of the date the insured's claim is paid or the 90th day before the date the statute of limitations for a negligence action expires, the insurer:(1)  notifies the insured in writing that the insurer does not intend to take further collection actions against the third party;  and(2)  authorizes the insured to take further collection actions.(c)  This section applies regardless of whether the third party who may be liable for the amount of the deductible is insured or uninsured.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.205 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter E. Recovery of Deductible From Third Parties Under Certain Automobile Insurance Policies|Section 542.205. Enforcement; Rules

Sec. 542.205.  ENFORCEMENT;  RULES.  The commissioner may enforce this subchapter and adopt and enforce reasonable rules necessary to accomplish the purposes of this subchapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 542.251 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter F. Water Damage Claims|Section 542.251. Purposes

Sec. 542.251.  PURPOSES.  The purposes of this subchapter are to:(1)  provide for the prompt, efficient, and effective handling and processing of water damage claims filed under residential property insurance policies, including claims involving losses due to mold;(2)  reduce the confusion and inconvenience policyholders experience in filing and resolving water damage claims filed under residential property insurance policies, including claims involving losses due to mold; and(3)  reduce claim costs and premiums for residential property insurance issued in this state.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.011(a), eff. September 1, 2005.|
TX Ins Code § 542.252 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter F. Water Damage Claims|Section 542.252. Applicability of Subchapter

Sec. 542.252.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any insurer that handles or processes water damage claims filed under residential property insurance policies.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.011(a), eff. September 1, 2005.|
TX Ins Code § 542.253 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter F. Water Damage Claims|Section 542.253. Rules

Sec. 542.253.  RULES.  (a)  The commissioner may adopt rules that identify the types of water damage claims that require more prompt, efficient, and effective processing and handling than the processing and handling required under Subchapter B.(b)  The commissioner by rule may regulate the following aspects of water damage claims:(1)  required notice;(2)  acceptance and rejection of a claim;(3)  claim handling and processing procedures and time frames;(4)  claim investigation requirements, procedures, and time frames;(5)  settlement of claims; and(6)  any other area of claim processing, handling, and response determined to be relevant and necessary by the commissioner.(c)  A rule adopted under this section supersedes the minimum standards described by Subchapter B.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.011(a), eff. September 1, 2005.|
TX Ins Code § 542.301 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter G. Insurer's Recovery From Uninsured Third Party|Section 542.301. Applicability of Subchapter

Sec. 542.301.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to any insurer that delivers, issues for delivery, or renews a private passenger automobile insurance policy in this state, including a county mutual, a reciprocal or interinsurance exchange, or a Lloyd's plan.|Added by Acts 2005, 79th Leg., Ch. 1074 (H.B. 1572), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21.79H and amended by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.020(a), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21.79H and amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.020(a), eff. September 1, 2007.|
TX Ins Code § 542.302 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542 - Processing and Settlement of Claims|Subchapter G. Insurer's Recovery From Uninsured Third Party|Section 542.302. Recovery in Suit or Other Action

Sec. 542.302.  RECOVERY IN SUIT OR OTHER ACTION.  An insurer that brings suit or takes other action described by Section 542.202 against a responsible third party relating to a loss that is covered under a private passenger automobile insurance policy issued by the insurer and for which the responsible third party is uninsured is entitled to recover, in addition to payments made by the insurer or insured, the costs of bringing the suit or taking the action, including reasonable attorney's fees and court costs.|Added by Acts 2005, 79th Leg., Ch. 1074 (H.B. 1572), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21.79H and amended by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.020(a), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21.79H and amended by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.020(a), eff. September 1, 2007.|
TX Ins Code § 543.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 543 - Prohibited Practices Related to Policy or Certificate of Membership|Subchapter A. Prohibitions|Section 543.001. Misrepresentation Prohibited

Sec. 543.001.  MISREPRESENTATION PROHIBITED.  (a)  In this section, "life, health, or casualty insurer" includes a corporation operating on a cooperative or assessment plan, a mutual insurance company, a fraternal benefit society, and any other society or association authorized to issue an insurance policy in this state.(b)  A life, health, or casualty insurer, an officer, director, agent, or representative of that insurer, or any other person, corporation, or copartnership may not:(1)  issue, circulate, or cause or permit to be issued or circulated any statement, including an illustration or estimate, that misrepresents:(A)  the terms of a policy or certificate of membership issued by a life, health, or casualty insurer;(B)  other benefits or advantages provided by the policy or certificate;  or(C)  the dividends or share of surplus to be received on the policy or certificate;(2)  use a name or title of a policy, policy class, certificate of membership, or certificate class that misrepresents the policy, certificate, or class;  or(3)  make a misleading representation or incomplete comparison of a policy or certificate of membership to an insured or member for the purpose of inducing or tending to induce the insured or member to forfeit, surrender, or allow the lapse of the insurance or membership.(c)  The commissioner may adopt and enforce reasonable rules as provided by Subchapter I, Chapter 541, to accomplish the purposes of Subsection (b)(1) as those purposes relate to life insurance companies.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|