reglab/housing_qa huggingface dataset:
TX Ins Code § 443.353 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter H. Discharge|Section 443.353. Reopening Receivership

Sec. 443.353.  REOPENING RECEIVERSHIP.  After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the delinquency proceeding for good cause, including the discovery of additional property.  If the court is satisfied that there is justification for reopening, it shall so order.|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.353 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.353 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.354 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter H. Discharge|Section 443.354. Disposition of Records During and After Termination of Receivership

Sec. 443.354.  DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF RECEIVERSHIP.  (a)  When it appears to the receiver that the records of the insurer in receivership are no longer useful, the receiver may recommend to the receivership court and the receivership court shall direct what records should be destroyed.(b)  If the receiver determines that any records should be maintained after the closing of the delinquency proceeding, the receiver may reserve property from the receivership estate for the maintenance of the records, and any amounts so retained are administrative expenses of the estate under Section 443.301(a).  Any records retained pursuant to this subsection must be transferred to the custody of the commissioner, and the commissioner may retain or dispose of the records as appropriate, at the commissioner's discretion.  Any records of a delinquent insurer that are transferred to the commissioner may not be considered records of the department for any purposes, and Chapter 552, Government Code, does not apply to those records.|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.354 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(oo), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.354 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(oo), eff. September 1, 2007.|
TX Ins Code § 443.355 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter H. Discharge|Section 443.355. External Audit of the Receiver's Books

Sec. 443.355.  EXTERNAL AUDIT OF THE RECEIVER'S BOOKS.  (a)  The receivership court may, as it deems desirable, order audits to be made of the books of the receiver relating to any receivership established under this chapter.  A report of each audit shall be filed with the commissioner and with the receivership court.(b)  The books, records, and other documents of the receivership must be made available to the auditor at any time without notice.(c)  The expense of each audit shall be considered a cost of administration of the receivership.|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.355 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.355 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.|
TX Ins Code § 443.401 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle C - Delinquent Insurers|Chapter 443 - Insurer Receivership Act|Subchapter I. Interstate Relations|Section 443.401. Ancillary Conservation of Foreign Insurers

Sec. 443.401.  ANCILLARY CONSERVATION OF FOREIGN INSURERS.  (a)  The commissioner may initiate an action against a foreign insurer pursuant to Section 443.051 on any of the grounds stated in that section or on the basis that:(1)  any of the foreign insurer's property has been sequestered, garnished, or seized by official action in its domiciliary state or in any other state;(2)  the foreign insurer's certificate of authority to do business in this state has been revoked or was never issued and there are residents of this state with unpaid claims or in-force policies; or(3)  initiation of the action is necessary to enforce a stay under Section 462.309, 463.404, or 2602.259.(b)  If a domiciliary receiver has been appointed, the commissioner may initiate an action against a foreign insurer under Subsection (a)(1) or (a)(2) only with the consent of the domiciliary receiver.(c)  An order entered pursuant to this section must appoint the commissioner as conservator.  The conservator's title to assets must be limited to the insurer's property and records located in this state.(d)  Notwithstanding Section 443.201(c), the conservator shall hold and conserve the assets located in this state until the commissioner in the insurer's domiciliary state is appointed its receiver or until an order terminating conservation is entered under Subsection (g).  Once a domiciliary receiver is appointed, the conservator shall turn over to the domiciliary receiver all property subject to an order under this section.(e)  The conservator may liquidate property of the insurer as necessary to cover the costs incurred in the initiation or administration of a proceeding under this section.(f)  The court in which an action under this section is pending may issue a finding of insolvency or an ancillary liquidation order.  The court may enter an ancillary liquidation order only for the limited purposes of:(1)  liquidating assets in this state to pay costs under Subsection (e); or(2)  activating relevant laws applicable to guaranty associations to pay valid claims that are not being paid by the insurer.(g)  The conservator may at any time petition the receivership court for an order terminating an order entered 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.401 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(pp), eff. September 1, 2007.Redesignated from Insurance Code - Not Codified, Art/Sec 21A.401 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(pp), eff. September 1, 2007.|
TX Ins Code § 462.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.001. Short Title

Sec. 462.001.  SHORT TITLE.  This chapter may be cited as the Texas Property and Casualty Insurance Guaranty Act.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.002. Purposes

Sec. 462.002.  PURPOSES.  The purposes of this chapter are to:(1)  provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment;(2)  avoid financial loss to claimants or policyholders because of an insurer's impairment;(3)  assist in the detection and prevention of insurer insolvencies; and(4)  provide an association to assess the cost of that protection among insurers.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.003 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.003. Construction

Sec. 462.003.  CONSTRUCTION.  This chapter shall be liberally construed to implement the purposes of this chapter described by Section 462.002, which shall be used to aid and guide interpretation of this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.004 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.004. General Definitions

Sec. 462.004.  GENERAL DEFINITIONS.  In this chapter:(1)  "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an impaired insurer on December 31 of the year preceding the date the insurer becomes an impaired insurer.(2)  "Association" means the Texas Property and Casualty Insurance Guaranty Association.(3)  "Board" means the board of directors of the association.(4)  "Claimant" means an insured making a first-party claim or a person instituting a liability claim.(5)  "Impaired insurer" means a member insurer that is subject to a final, nonappealable order of liquidation that includes a finding of insolvency issued by a court of competent jurisdiction in this state or in the insurer's state of domicile.(6)  "Member insurer" means an insurer, including a stock insurance company, a mutual insurance company, a Lloyd's plan, a reciprocal or interinsurance exchange, and a county mutual insurance company, that:(A)  writes any kind of insurance to which this chapter applies under Sections 462.007 and 462.008, including reciprocal or interinsurance exchange contracts; and(B)  holds a certificate of authority to engage in the business of insurance in this state.(7)  "Person" means an individual, corporation, partnership, association, or voluntary organization.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 343 (S.B. 1063), Sec. 1, eff. September 1, 2019.|
TX Ins Code § 462.005 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.005. Description of Control

Sec. 462.005.  DESCRIPTION OF CONTROL.  (a)  For purposes of this chapter, control is the power to direct, or cause the direction of, the management and policies of a person, other than power that results from an official position with the person or a corporate office held by the person.  The power may be possessed  directly or indirectly by any means, including through the ownership of voting securities or by contract, other than a commercial contract for goods or nonmanagement services.(b)  A person is presumed to control another person if the person directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of the other person.  This presumption may be rebutted by a showing that the person does not in fact control the other person.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.006 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.006. Net Direct Written Premiums

Sec. 462.006.  NET DIRECT WRITTEN PREMIUMS.  (a)  Except as provided by Subsection (b) and subject to Subsection (c), in this chapter, "net direct written premiums" means direct premiums written in this state on insurance policies to which this chapter applies, less return premiums on those policies and dividends paid or credited to policyholders on that direct business.(b)  Subject to Subsection (c), for assessing the workers' compensation line of business, the term "net direct written premiums" includes the modified annual premium before the application of a deductible premium credit, less return premiums on those policies and dividends paid or credited to policyholders on that direct business.(c)  The term "net direct written premiums" does not include premiums on contracts between insurers or reinsurers.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.007 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.007. Applicability in General; Exceptions

Sec. 462.007.  APPLICABILITY IN GENERAL; EXCEPTIONS.  (a)  Except as provided by Subsection (b), this chapter applies to each kind of direct insurance.(b)  Except as provided by Subchapter F, this chapter does not apply to:(1)  life, annuity, health, or disability insurance;(2)  mortgage guaranty, financial guaranty, or other kinds of insurance offering protection against investment risks;(3)  a fidelity or surety bond, or any other bonding obligation;(4)  credit insurance, vendors' single-interest insurance, collateral protection insurance, or similar insurance protecting a creditor's interest arising out of a creditor-debtor transaction;(5)  insurance of warranties or service contracts;(6)  title insurance;(7)  ocean marine insurance;(8)  a transaction or combination of transactions between a person, including an affiliate of the person, and an insurer, including an affiliate of the insurer, that involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk, including transactions, except for workers' compensation insurance, involving captive insurers, policies in which deductible or self-insured retention is substantially equal in amount to the limit of the liability under the policy, and transactions in which the insured retains a substantial portion of the risk; or(9)  insurance provided by or guaranteed by government.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.005(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.005(a), eff. September 1, 2007.|
TX Ins Code § 462.008 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.008. Applicability to Texas Mutual Insurance Company

Sec. 462.008.  APPLICABILITY TO TEXAS MUTUAL INSURANCE COMPANY.  (a)  This chapter applies to insurance written through the Texas Mutual Insurance Company only as provided by this section.(b)  This chapter applies to the Texas Mutual Insurance Company on a prospective basis on and after January 1, 2000.  The Texas Mutual Insurance Company is only liable for assessments for a claim with a date of injury that occurs on or after January 1, 2000.  The association, with respect to an insolvency of the Texas Mutual Insurance Company, is only liable for a claim with a date of injury that occurs on or after January 1, 2000.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.009 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.009. Applicability to Former Texas Workers' Compensation Insurance Facility and Successor

Sec. 462.009.  APPLICABILITY TO FORMER TEXAS WORKERS' COMPENSATION INSURANCE FACILITY AND SUCCESSOR.  (a)  Notwithstanding any other provision of this chapter, this chapter applies to each insurance policy issued under Article 5.76 or 5.76-2, as those articles existed before their repeal.(b)  Notwithstanding any other provision of this chapter, the stock insurance company that resulted from the transfer of the former Texas workers' compensation insurance facility is considered an impaired insurer for purposes of this chapter if any action described by Section 462.004(5) is taken with respect to the company.(c)  A claim under an insurance policy described by Subsection (a) is a covered claim for purposes of this chapter if the claim is a covered claim for purposes of Sections 462.201-462.203, 462.205-462.210, 462.213, 462.214, and 462.305 without regard to whether the stock insurance company described by Subsection (b):(1)  issued or assumed the policy; or(2)  was authorized to engage in business in this state at the time:(A)  the policy was written; or(B)  the company became an impaired insurer.(d)  If a conflict exists between this section and any other statute relating to the former Texas workers' compensation insurance facility or the association, this section controls.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.010 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.010. Conflict With Other Laws

Sec. 462.010.  CONFLICT WITH OTHER LAWS.  (a)  Except as provided by Subsection (b), if this chapter  conflicts with another statute relating to the association, this chapter controls.(b)  This section does not apply to a conflict between this chapter and:(1)  Subtitle A, Title 5, Labor Code, except as described by Subsection (c); or(2)  Subtitle E, Title 10.(c)  This chapter controls with respect to subrogation rights of an insurance carrier under Chapter 417, Labor Code, against an impaired insurer's insured or the association.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.011 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.011. Immunity in General

Sec. 462.011.  IMMUNITY IN GENERAL.  (a)  Liability does not exist and a cause of action does not arise against any of the following persons for any good faith act or omission in performing the person's powers and duties under this chapter:(1)  the commissioner or the commissioner's representative;(2)  the association or the association's agent or employee;(3)  a member insurer;(4)  the board;(5)  the receiver; or(6)  a special deputy receiver or the special deputy receiver's agent or employee.(b)  The attorney general shall defend any action to which this section applies that is brought against the commissioner or the commissioner's representative, the association or the association's agent or employee, a member insurer or the insurer's agent or employee, a board member, or a special deputy receiver or the special deputy receiver's agent or employee, including an action instituted after the defendant's service with the association, commissioner, or department has terminated.  This subsection does not require the attorney general to defend a person with respect to an issue other than the applicability or effect of the immunity created by Subsection (a).  The attorney general is not required to defend the association or the association's agent or employee, a member insurer or the member insurer's agent or employee, a board member, or a special deputy receiver or the special deputy receiver's agent or employee against an action regarding the disposition of a claim filed with the association under this chapter or any issue other than the applicability or effect of the immunity created by Subsection (a). The association may contract with the attorney general under Chapter 771, Government Code, for legal services not covered by this subsection.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.012 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.012. Immunity in Relation to Certain Reports and Recommendations

Sec. 462.012.  IMMUNITY IN RELATION TO CERTAIN REPORTS AND RECOMMENDATIONS.  Liability does not exist and a cause of action does not arise against any of the following persons for a statement made in good faith by the person in a report or recommendation made under Section 462.111 or 462.113:(1)  the commissioner or the commissioner's representative;(2)  the association or the association's agent or employee;(3)  a member insurer;  or(4)  the board.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.013 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.013. Immunity in Relation to Certain Negotiations

Sec. 462.013.  IMMUNITY IN RELATION TO CERTAIN NEGOTIATIONS.  (a)  Liability does not exist and a cause of action does not arise against any of the following persons for an act or omission in the performance of an activity related to the negotiations relating to the privatization of the former Texas workers' compensation facility:(1)  the commissioner or the commissioner's representative;(2)  the association or the association's agent or employee;(3)  a member insurer; or(4)  a board member.(b)  This section applies to each activity undertaken by a person described by Subsection (a), regardless of the date of the act or omission.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.014 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.014. Rules

Sec. 462.014.  RULES.  The commissioner shall adopt reasonable rules as necessary to implement and supplement this chapter and this chapter's purposes.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.015 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 462 - Texas Property and Casualty Insurance Guaranty Association|Subchapter A. General Provisions|Section 462.015. Information Provided by or to Commissioner

Sec. 462.015.  INFORMATION PROVIDED BY OR TO COMMISSIONER.  (a)  The commissioner shall notify the association of the existence of an impaired insurer not later than the third day after the date the commissioner gives notice of the designation of impairment.  The association is entitled to a copy of any complaint seeking an order of receivership with a finding of insolvency against a member insurer at the time the complaint is filed with a court.(b)  On the board's request, the commissioner shall provide the association with a statement of the net direct written premiums of each member insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|