reglab/housing_qa huggingface dataset:
TX Ins Code § 441.201 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.201. Confidentiality

Sec. 441.201.  CONFIDENTIALITY.  (a)  Hearings and orders, notices, correspondence, reports, records, and other information in the department's possession relating to the supervision or conservatorship of an insurer are confidential during the supervision or conservatorship.  On termination of the supervision or conservatorship, the information in the department's custody that relates to the supervision or conservatorship is public information.(b)  This section does not prohibit access by the department to hearings or orders, notices, correspondence, reports, records, or other information.(c)  The provisions of Chapter 2001, Government Code, relating to discovery apply to the parties of record in a proceeding under this chapter.(d)  The commissioner may open a proceeding under this chapter or disclose information that is confidential under this section to a department, agency, or instrumentality of this state, another state, or the United States if the commissioner determines that opening the proceeding or disclosing the information is necessary or proper to enforce the laws of this state, another state, or the United States.(e)  An officer or employee of the department is not liable for a release of information that is confidential under this section unless it is shown that the release was accomplished with actual malice.(f)  This section does not apply to information:(1)  if the insurer's insureds are not protected by Chapter 462, 463, or 2602, or substantially similar statutes; or(2)  on the appointment by a court of a receiver for the insurer.(g)  Notwithstanding Subsection (a), if the commissioner places a title insurance agent licensed under Title 11 or an insurance agent licensed under Title 13 under supervision or in conservatorship, the commissioner shall provide written notice of the order of supervision or conservatorship to each insurer for which the agent holds an appointment under Subchapter A, Chapter 2651, or Subchapter E, Chapter 4001, or other applicable law, on the date the supervisor or conservator is appointed.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 482 (H.B. 2542), Sec. 1, eff. September 1, 2017.|
TX Ins Code § 441.202 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.202. Costs of Supervision and Conservatorship

Sec. 441.202.  COSTS OF SUPERVISION AND CONSERVATORSHIP.  The commissioner shall determine the costs related to services provided by a supervisor or conservator under this chapter.  Subject to Section 442.551, the costs shall be charged against the insurer's assets and paid as determined by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.203 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.203. Collection of Fees From Rehabilitated Insurer

Sec. 441.203.  COLLECTION OF FEES FROM REHABILITATED INSURER.  (a)  The commissioner may collect fees from an insurer described by Section 82.002 that is successfully rehabilitated by the commissioner.  The fees must be in amounts sufficient to cover the cost of rehabilitating the insurer, but may not exceed that cost.(b)  The department may use fees collected under this section only for the rehabilitation of the insurer from which the fees are collected.(c)  Fees collected under this section shall be deposited in and expended through the Texas Department of Insurance operating account.(d)  The commissioner may determine the terms of the collection or repayment of the fees.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.204 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.204. Review and Stay of Certain Acts of Supervisor or Conservator

Sec. 441.204.  REVIEW AND STAY OF CERTAIN ACTS OF SUPERVISOR OR CONSERVATOR.  (a)  An insurer under supervision or conservatorship may request the commissioner or, in the commissioner's absence, the commissioner's appointed deputy to review an action taken or proposed to be taken by the supervisor or conservator.(b)  A request for review under this section must specify the manner in which the action is believed to not be in the insurer's best interests.(c)  A request for review under this section stays the specified action pending review by the commissioner or the commissioner's deputy.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.205 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.205. Appeal of Certain Orders

Sec. 441.205.  APPEAL OF CERTAIN ORDERS.  The following orders of the commissioner may be appealed under Subchapter D, Chapter 36:(1)  an order appointing a supervisor and providing that the insurer may not engage in certain acts as provided by Section 441.104;(2)  an order appointing a conservator; and(3)  an order following the review under Section 441.204 of an action of a supervisor or conservator.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.206 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.206. Ex Parte Meeting With Commissioner

Sec. 441.206.  EX PARTE MEETING WITH COMMISSIONER.  Notwithstanding any other law, the commissioner may, at the time of any proceeding or while a proceeding is pending under this chapter, meet with a supervisor or conservator appointed under this chapter and with the attorney or other representative of the supervisor or conservator, without another person present, to implement the commissioner's duties under this chapter or for the supervisor or conservator to implement that person's duties under this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.207 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter E. Provisions Applying to Supervision and Conservatorship|Section 441.207. Insurer Employees During Supervision or Conservatorship

Sec. 441.207.  INSURER EMPLOYEES DURING SUPERVISION OR CONSERVATORSHIP.  (a)  Notwithstanding any other provision of this chapter, an insurer may employ an attorney, actuary, and accountant of the insurer's choice to assist the insurer during supervision.  The supervisor shall authorize payment from the insurer for the reasonable fees and expenses of the attorney, actuary, or accountant.(b)  The supervisor, conservator, or commissioner shall, to the maximum extent possible, use the insurer's employees instead of outside consultants, actuaries, attorneys, accountants, and other personnel or department employees to minimize the expense of rehabilitation or the necessity of fees to cover the cost of rehabilitation. |Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.251 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter F. Out-of-State Insurers|Section 441.251. Applicability

Sec. 441.251.  APPLICABILITY.  This chapter applies to an insurer engaged in the business of insurance in this state but not domiciled in this state, regardless of whether the insurer is authorized to engage in the business of insurance in this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.252 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter F. Out-of-State Insurers|Section 441.252. Appointment of Ancillary Supervisor or Conservator

Sec. 441.252.  APPOINTMENT OF ANCILLARY SUPERVISOR OR CONSERVATOR.  (a)  The commissioner may appoint an ancillary supervisor or ancillary conservator for the assets located in this state of an insurer described by Section 441.251 in the same manner as the commissioner appoints a supervisor or conservator for an insurer domiciled in this state as provided by this chapter if:(1)  the commissioner makes a determination described by Section 441.053 with regard to the insurer;(2)  the commissioner determines that the insurer does not have the minimum surplus, capital, or capital stock required by this code for similar domestic insurers; or(3)  the insurer agrees to the appointment.(b)  Subject to Section 441.205, the commissioner may immediately, without prior notice and hearing, appoint an ancillary conservator for the assets, property, books, and records located in this state of an insurer described by Section 441.251 if a conservator, rehabilitator, receiver, liquidator, or equivalent official is appointed in the state in which the insurer is domiciled.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.253 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter F. Out-of-State Insurers|Section 441.253. Powers and Duties of Ancillary Supervisor or Conservator

Sec. 441.253.  POWERS AND DUTIES OF ANCILLARY SUPERVISOR OR CONSERVATOR.  (a)  An ancillary supervisor or ancillary conservator appointed under this subchapter has all the powers provided by Sections 441.153 and 441.155 with respect to the insurer's assets, property, books, and records located in this state.(b)  An ancillary conservator appointed under this subchapter may:(1)  reinsure all or part of the insurer's policies or certificates in this state with a solvent insurer authorized to engage in business in this state; and(2)  transfer to the reinsurer as reserves any assets in the ancillary conservator's possession in an amount sufficient to reinsure the policies or certificates.(c)  A transfer of assets under this section is not considered a preference of a creditor.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.254 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter F. Out-of-State Insurers|Section 441.254. Failure to Comply With Requirements of Supervision

Sec. 441.254.  FAILURE TO COMPLY WITH REQUIREMENTS OF SUPERVISION.  The failure of an insurer described by Section 441.251 to comply during supervision with the requirements of Section 441.104 with respect to any asset or policy located in this state is grounds for the immediate revocation of the insurer's certificate of authority to engage in business in this state and for the immediate appointment of an ancillary conservator to take charge of the insurer's assets located in this state.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.255 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter F. Out-of-State Insurers|Section 441.255. Referral for Remedial Action

Sec. 441.255.  REFERRAL FOR REMEDIAL ACTION.  The commissioner may refer an insurer described by Section 441.251 to the attorney general for remedial action, including application for appointment of a receiver under Chapter 442, on any grounds on which an insurer domiciled in this state may be referred to the attorney general for remedial action.  The commissioner may refer the insurer at any time, and action against the insurer in the insurer's state of domicile is not a prerequisite.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.301 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter G. Powers and Duties of Attorney General|Section 441.301. Remedial Action by Attorney General

Sec. 441.301.  REMEDIAL ACTION BY ATTORNEY GENERAL.  (a)  The commissioner may, at any time and regardless of whether an insurer is under supervision or conservatorship, determine that the insurer is not in a condition to continue business in the interest of the insurer's policyholders or certificate holders.  The commissioner shall give notice of that determination to the attorney general.(b)  On receipt of notice under Subsection (a), the attorney general shall file suit in the nature of quo warranto in a court in Travis County to:(1)  forfeit the insurer's charter; or(2)  require the insurer to comply with the law or prove to the commissioner that the insurer is solvent, and satisfy the requirement that the insurer's condition does not make the continuation of the insurer's business hazardous to the public or to the insurer's policyholders or certificate holders.(c)  The commissioner may at any time refer an insurer to the attorney general for the purpose of taking any remedial action, including applying for the appointment of a receiver under Chapter 442.(d)  Supervision or conservatorship of the insurer is not required before the attorney general may take remedial action under this section.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.302 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter G. Powers and Duties of Attorney General|Section 441.302. Forfeiture and Cancellation of Charter on Conclusion of Business

Sec. 441.302.  FORFEITURE AND CANCELLATION OF CHARTER ON CONCLUSION OF BUSINESS.  (a)  Once all an insurer's policies are reinsured or terminated and the insurer's affairs are concluded as provided by this chapter, the commissioner shall report that fact to the attorney general.  On receipt of the report, the attorney general shall take action necessary to forfeit or cancel the insurer's charter.(b)  The commissioner shall report to the attorney general the commissioner's approval of the merger or consolidation of an insurer with another insurer or the reinsurance of the insurer's policies.  On receipt of the report, the attorney general shall take action to forfeit or cancel the insurer's charter in the manner provided for the forfeiture or cancellation of the charter of an insurer that is totally reinsured or liquidated.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 441.351 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 441 - Supervision and Conservatorship|Subchapter H. Agents of Record for Certain Insureds|Section 441.351. Agents of Record

Sec. 441.351.  AGENTS OF RECORD.  (a)  Unless otherwise prohibited, the supervisor, conservator, or receiver of an insurer shall provide to the insured's agent of record a copy of each communication provided to an insured if, in the judgment of the supervisor, conservator, or receiver, providing the copy will serve to materially protect the interests of policyholders.  The supervisor, conservator, or receiver may also request the assistance of any statewide association of insurance agents in providing to the association's members information that, in the judgment of the supervisor, conservator, or receiver, may serve to materially protect policyholders' interests.(b)  If the supervisor, conservator, or receiver sells a delinquent insurer's policies to another insurer, the purchaser shall:(1)  recognize the pecuniary interest of the agent of record in the policies being sold, regardless of whether the purchaser customarily conducts the purchaser's business through insurance agents;(2)  conduct the purchaser's business with the insured through the agent of record; and(3)  provide to the agent of record a written limited agency contract providing the terms that apply to the conduct of their business together.(c)  A limited agency contract provided under Subsection (b) must provide a level of commission that is reasonable, adequate, and nonconfiscatory.(d)  This subchapter does not prohibit the agent of record from renewing with another insurer an insurance policy purchased by an insurer from a delinquent insurer.(e)  This section does not apply to:(1)  a life, accident, or health insurance policy or contract delivered or issued for delivery by an insurer that is subject to any provision of a law specified in Section 841.002 or any provision of Chapter 882, 884, 887, 888, or 982;(2)  a contract or certificate delivered or issued for delivery by a group hospital service corporation organized under Chapter 842; or(3)  a contract or evidence of coverage delivered or issued for delivery by a health maintenance organization operating under a certificate of authority issued under Chapter 843.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 443.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter A. General Provisions|Section 443.001. Construction and Purpose

Sec. 443.001.  CONSTRUCTION AND PURPOSE.  (a)  This chapter may be cited as the Insurer Receivership Act.(b)  This chapter may not be interpreted to limit the powers granted the commissioner under other provisions of law.(c)  This chapter shall be liberally construed to support the purpose stated in Subsection (e).(d)  All powers and authority of a receiver under this chapter are cumulative and are in addition to all powers and authority that are available to a receiver under law other than this chapter.(e)  The purpose of this chapter is to protect the interests of insureds, claimants, creditors, and the public generally, through:(1)  early detection of any potentially hazardous condition in an insurer and prompt application of appropriate corrective measures;(2)  improved methods for conserving and rehabilitating insurers;(3)  enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;(4)  apportionment of any unavoidable loss in accordance with the statutory priorities set out in this chapter;(5)  lessening the problems of interstate receivership by:(A)  facilitating cooperation between states in delinquency proceedings; and(B)  extending the scope of personal jurisdiction over debtors of the insurer located outside this state;(6)  regulation of the business of insurance by the impact of the law relating to delinquency procedures and related substantive rules; and(7)  providing for a comprehensive scheme for the receivership of insurers and those subject to this chapter as part of the regulation of the business of insurance in this state because proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.|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.001 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.001 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter A. General Provisions|Section 443.002. Conflicts of Law

Sec. 443.002.  CONFLICTS OF LAW.  This chapter and the state law governing insurance guaranty associations constitute this state's insurer receivership laws and shall be construed together in a manner that is consistent. In the event of a conflict between the insurer receivership laws and the provisions of any other law, the insurer receivership laws prevail.|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.002 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.002 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.003 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter A. General Provisions|Section 443.003. Covered Persons

Sec. 443.003.  COVERED PERSONS.  The provisions of this chapter apply to all:(1)  insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the future and to all persons subject to examination by the commissioner;(2)  insurers who purport to do an insurance business in this state;(3)  insurers who have insureds resident in this state;(4)  other persons organized or doing insurance business, or in the process of organizing with the intent to do insurance business in this state;(5)  nonprofit health corporations and all fraternal benefit societies subject to Chapters 844 and 885, respectively;(6)  title insurance companies subject to Title 11;(7)  health maintenance organizations subject to Chapter 843; and(8)  surety and trust companies subject to Chapter 7, general casualty companies subject to Chapter 861, statewide mutual assessment companies subject to Chapter 881, mutual insurance companies subject to Chapter 882 or 883, local mutual aid associations subject to Chapter 886, burial associations subject to Chapter 888, farm mutual insurance companies subject to Chapter 911, county mutual insurance companies subject to Chapter 912, Lloyd's plans subject to Chapter 941, reciprocal or interinsurance exchanges subject to Chapter 942, and fidelity, guaranty, and surety companies.|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.003 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.003 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.006 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter A. General Provisions|Section 443.006. Exemption From Fees

Sec. 443.006.  EXEMPTION FROM FEES.  The receiver may not be required to pay any filing, recording, transcript, or authenticating fee to any public officer in this state.|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.006 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.006 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|