reglab/housing_qa huggingface dataset:
TX Ins Code § 443.206 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter E. Asset Recovery|Section 443.206. Receiver as Lien Creditor

Sec. 443.206.  RECEIVER AS LIEN CREDITOR.  (a)  The receiver may avoid any transfer of or lien upon the property of, or obligation incurred by, an insurer that the insurer or a policyholder, creditor, member, or stockholder of the insurer may have avoided without regard to any knowledge of the receiver, the commissioner, the insurer, or any policyholder, creditor, member, or stockholder of the insurer regardless of whether such a policyholder, creditor, member, or stockholder exists.(b)  The receiver is deemed a creditor without knowledge for purposes of pursuing claims under the Uniform Fraudulent Transfer Act, the Uniform Fraudulent Conveyance Act, or similar provisions of state or federal law.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.206 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.206 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.207 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter E. Asset Recovery|Section 443.207. Liability of Transferee

Sec. 443.207.  LIABILITY OF TRANSFEREE.  (a)  Except as otherwise provided in this section, to the extent that the receiver obtains an order under Section 443.201 or avoids a transfer under Section 443.202, 443.203, 443.204, 443.205, or 443.206, the receiver may recover the property transferred, or the value of the property, from:(1)  the initial transferee of the transfer or the entity for whose benefit the transfer was made; or(2)  any immediate or mediate transferee of the initial transferee.(b)  The receiver may not recover under Subsection (a)(2) from:(1)  a transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith, and without knowledge of the voidability of the transfer avoided; or(2)  any immediate or mediate good faith transferee of the transferee.(c)  Any transfer avoided in accordance with this chapter is preserved for the benefit of the receivership estate, but only with respect to property of the insurer.(d)  In addition to the remedies specifically provided under Sections 443.201-443.206 and Subsection (a), if the receiver is successful in establishing a claim to the property or any part of the property, the receiver is entitled to recover judgment for:(1)  rental for the use of the tangible property from the later of the entry of the receivership order or the date of the transfer;(2)  in the case of funds or intangible property, the greater of:(A)  the actual interest or income earned by the property; or(B)  interest at the statutory rate for judgments from the later of the date of the entry of the receivership order or the date of the transfer; and(3)  except as to recoveries from guaranty associations, all costs, including investigative costs and other expenses necessary to the recovery of the property or funds, and reasonable attorney's fees.(e)  In any action under this section, the receivership court may allow the receiver to seek recovery of the property involved or the property's value.(f)  In any action under Sections 443.201-443.206, the receiver has the burden of proving the avoidability of a transfer, and the person against whom recovery or avoidance is sought has the burden of proving the nature and extent of any affirmative defense.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.207 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(u), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.207 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(u), eff. September 1, 2007.|
TX Ins Code § 443.208 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter E. Asset Recovery|Section 443.208. Claims of Holders of Void or Voidable Rights

Sec. 443.208.  CLAIMS OF HOLDERS OF VOID OR VOIDABLE RIGHTS.  (a)  A claim of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter may not be allowed unless the creditor surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance.  If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim may not be allowed unless the money is paid or the property is delivered to the receiver not later than the 30th day after the date of the entering of the final judgment, except that the receivership court may allow further time if there is an appeal or other continuation of the proceeding.(b)  A claim allowable under Subsection (a) by reason of the avoidance, whether voluntary or involuntary, or a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under Section 443.251(b) if filed not later than the 30th day after the date of the avoidance, or within the further time allowed by the receivership court under Subsection (a).|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.208 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(v), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.208 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(v), eff. September 1, 2007.|
TX Ins Code § 443.209 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter E. Asset Recovery|Section 443.209. Setoffs

Sec. 443.209.  SETOFFS.  (a)  All mutual debts or mutual credits, whether arising out of one or more contracts between the insurer and another person in connection with any action or proceeding under this chapter, must be set off and only the balance shall be allowed or paid, except as provided by Subsection (b).(b)  A setoff may not be allowed in favor of any person if:(1)  the obligation of the insurer to the person:(A)  would not, at the date of the commencement of the delinquency proceeding, entitle the person to share as a claimant in the assets of the insurer; or(B)  was purchased by or transferred to the person:(i)  after the commencement of the delinquency proceeding; or(ii)  for the purpose of increasing setoff rights;(2)  the obligation of the insurer is owed to an affiliate of the person, or any other entity or association other than the person;(3)  the obligation of the person:(A)  is as a trustee or fiduciary; or(B)  is to pay:(i)  an assessment levied against the members of a mutual insurer, reciprocal or interinsurance exchange, or Lloyd's plan; or(ii)  a balance upon a subscription to the capital stock of a capital stock insurance company; or(4)  the obligations between the person and the insurer arise from reinsurance transactions in which either the person or the insurer has assumed risks and obligations from the other party and then has ceded back to that party substantially the same risks and obligations.(c)  The receiver shall provide an interested person with accounting statements identifying all debts that are due and payable.  If a person owes the insurer amounts that are due and payable against which the person asserts a setoff of mutual credits that, in the future, may become due and payable from the insurer, the person shall promptly pay the amounts due and payable to the receiver.  Notwithstanding any other provision of this chapter, the receiver shall promptly and fully refund, to the extent of a person's prior payments under this section, any mutual credits that become due and payable to the person by the insurer.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.209 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.209 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.252 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.252. Proof of Claim

Sec. 443.252.  PROOF OF CLAIM.  (a)  Proof of claim consists of a statement signed by the claimant or on behalf of the claimant that includes all of the following, as applicable:(1)  the particulars of the claim, including the consideration given for it;(2)  the identity and amount of the security on the claim;(3)  the payments, if any, made on the debt;(4)  that the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim;(5)  any right of priority of payment or other specific right asserted by the claimant;(6)  the name and address of the claimant and the attorney, if any, who represents the claimant; and(7)  the claimant's social security or federal employer identification number.(b)  The liquidator may require that:(1)  a prescribed form be used; and(2)  other information and documents be included.(c)  At any time the liquidator may:(1)  require the claimant to present information or evidence supplementary to that required under Subsection (a); and(2)  take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.(d)  Any guaranty association must be permitted to file a single omnibus proof of claim for all claims of the association in connection with payment of claims of the insurer.  The omnibus proof of claim may be periodically updated by the association, and the association may be required to submit a reasonable amount of documentation in support of the claim.  A guaranty association's claim under this subsection may include amounts for anticipated payments after the closing of the receivership including incurred but not reported claims.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.252 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.252 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.254 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.254. Claims Under Occurrence Policies, Surety Bonds, and Surety Undertakings

Sec. 443.254.  CLAIMS UNDER OCCURRENCE POLICIES, SURETY BONDS, AND SURETY UNDERTAKINGS.  (a)  Subject to the provisions of Section 443.253, any insured has the right to file a claim for the protection afforded under the insured's policy, regardless of whether a claim is known at the time of filing, if the policy is an occurrence policy.(b)  Subject to the provisions of Section 443.253, an obligee under a surety bond or surety undertaking has the right to file a claim for the protection afforded under the surety bond or surety undertaking issued by the insurer under which the obligee is the beneficiary, regardless of whether a claim is known at the time of filing.(c)  After a claim is filed under Subsection (a) or (b), at the time that a specific claim is made by or against the insured or by the obligee, the insured or the obligee shall supplement the claim, and the receiver shall treat the claim as a contingent or unliquidated claim under Section 443.255.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(cc), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.254 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(cc), eff. September 1, 2007.|
TX Ins Code § 443.255 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.255. Allowance of Contingent and Unliquidated Claims

Sec. 443.255.  ALLOWANCE OF CONTINGENT AND UNLIQUIDATED CLAIMS.  (a)  A claim of an insured or third party may be allowed under Section 443.253, regardless of the fact that the claim was contingent or unliquidated, if any contingency is removed in accordance with Subsection (b) and the value of the claim is determined.  For purposes of this section, a claim is contingent if:(1)  the accident, casualty, disaster, loss, event, or occurrence insured, reinsured, or bonded or reinsured against occurred on or before the date fixed under Section 443.151; and(2)  the act or event triggering the insurer's obligation to pay has not occurred as of the date fixed under Section 443.151.(b)  Unless the receivership court directs otherwise, a contingent claim may be allowed if the claimant has presented proof reasonably satisfactory to the liquidator of the insurer's obligation to pay or the claim was based on a cause of action against an insured of the insurer and:(1)  it may be reasonably inferred from proof presented upon the claim that the claimant would be able to obtain a judgment; and(2)  the person has furnished suitable proof, unless the receivership court for good cause shown otherwise directs, that no further valid claims can be made against the insurer arising out of the cause of action other than those already presented.(c)  The liquidator may petition the receivership court to set a date before which all claims under this section are final.  In addition to the notice requirements of Section 443.007, the liquidator shall give notice of the filing of the petition to all claimants with claims that remain contingent or unliquidated under this section.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.255 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(dd), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.255 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(dd), eff. September 1, 2007.|
TX Ins Code § 443.257 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.257. Disputed Claims

Sec. 443.257.  DISPUTED CLAIMS.  (a)  When objections to the liquidator's proposed treatment of a claim are filed and the liquidator does not alter the determination of the claim as a result of the objections, the liquidator shall ask the receivership court for a hearing pursuant to Section 443.007.(b)  The provisions of this section are not applicable to disputes with respect to coverage determinations by a guaranty association as part of the association's statutory obligations.(c)  The final disposition by the receivership court of a disputed claim is deemed a final judgment for purposes of appeal.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.257 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(ff), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.257 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(ff), eff. September 1, 2007.|
TX Ins Code § 443.258 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.258. Liquidator's Recommendations to Receivership Court

Sec. 443.258.  LIQUIDATOR'S RECOMMENDATIONS TO RECEIVERSHIP COURT.  The liquidator shall present to the receivership court, for approval, reports of claims settled or determined by the liquidator under Section 443.253.  The reports must be presented from time to time as determined by the liquidator and must include information identifying the claim and the amount and priority class of the claim.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(gg), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(gg), eff. September 1, 2007.|
TX Ins Code § 443.259 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter F. Claims|Section 443.259. Claims of Codebtors

Sec. 443.259.  CLAIMS OF CODEBTORS.  If a creditor does not timely file a proof of the creditor's claim, an entity that is liable to the creditor together with the insurer, or that has secured the creditor, may file a proof of the claim.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.259 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.259 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.302 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter G. Distributions|Section 443.302. Partial and Final Distributions of Assets

Sec. 443.302.  PARTIAL AND FINAL DISTRIBUTIONS OF ASSETS.  (a)  With the approval of the receivership court, the liquidator may declare and pay one or more distributions to claimants whose claims have been allowed.  Distributions paid under this subsection must be paid at substantially the same percentage of the amount of the claim.(b)  In determining the percentage of distributions to be paid on these claims, the liquidator may consider the estimated value of the insurer's property, including estimated reinsurance recoverables in connection with the insurer's estimated liabilities for unpaid losses and loss expenses and for incurred but not reported losses and loss expenses, and the estimated value of the insurer's liabilities, including estimated liabilities for unpaid losses and loss expenses and for incurred but not reported losses and loss expenses.(c)  Distribution of property in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the receivership court.(d)  Notwithstanding the provisions of Subsection (a) and Subchapter D, the liquidator is authorized to pay benefits under a workers' compensation policy after the entry of the liquidation order if:(1)  the insurer has accepted liability and no bona fide dispute exists;(2)  payments under the policy commenced before the entry of the liquidation order; and(3)  future or past indemnity or medical payments are due under the policy.(e)  Claim payments made under Subsection (d) may continue until the date that a guaranty association assumes responsibility for claim payments under the policy.(f)  Any claim payments made under Subsection (d) and any related expenses must be treated as early access payments under Section 443.303 to the guaranty association responsible for the claims.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.302 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(kk), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.302 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(kk), eff. September 1, 2007.|
TX Ins Code § 443.351 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter H. Discharge|Section 443.351. Condition on Release From Delinquency Proceedings

Sec. 443.351.  CONDITION ON RELEASE FROM DELINQUENCY PROCEEDINGS.  Until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses of the obligations and interest on all the payments and expenses, are repaid to the guaranty associations, unless otherwise provided in a plan approved by the guaranty association, an insurer that is subject to any formal delinquency proceedings may not:(1)  solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;(2)  be returned to the control of its shareholders or private management; or(3)  have any of its assets returned to the control of its shareholders or private management.|Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.351 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.351 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.352 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter H. Discharge|Section 443.352. Termination of Liquidation Proceedings

Sec. 443.352.  TERMINATION OF LIQUIDATION PROCEEDINGS.  When all property justifying the expense of collection and distribution has been collected and distributed under this chapter, the liquidator shall apply to the receivership court for an order discharging the liquidator and terminating the proceeding.  The receivership court may grant the application and make any other orders, including orders to transfer any remaining funds that are uneconomic to distribute, or pursuant to Section 443.302(c), assign any assets that remain unliquidated, including claims and causes of action, as may be deemed appropriate.|Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(nn), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.352 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(nn), eff. September 1, 2007.|