reglab/housing_qa huggingface dataset:
TX Ins Code § 462.206 (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 E. Covered Claims; Claimants|Section 462.206. Claims Not Covered: Premium Under Retrospective Rating Plan

Sec. 462.206.  CLAIMS NOT COVERED: PREMIUM UNDER RETROSPECTIVE RATING PLAN.  An amount sought as a return of premium under a retrospective rating plan is not a covered claim.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.207 (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 E. Covered Claims; Claimants|Section 462.207. Claims Not Covered: Amounts Due Certain Entities

Sec. 462.207.  CLAIMS NOT COVERED: AMOUNTS DUE CERTAIN ENTITIES.  (a)  Any amount directly or indirectly due any reinsurer, insurer, self-insurer, insurance pool, or underwriting association, as a subrogation recovery, reinsurance recovery, contribution, or indemnification, or otherwise, is not a covered claim.(b)  An impaired insurer's insured is not liable, and the reinsurer, insurer, self-insurer, insurance pool, or underwriting association is not entitled to sue or continue a suit against the insured, for a subrogation recovery, reinsurance recovery, contribution, indemnification, or any other claim asserted directly or indirectly by a reinsurer, insurer, self-insurer, insurance pool, or underwriting association to the extent of the applicable liability limits of the insurance policy written and issued to the insured by the insolvent insurer.(c)  The association is entitled to recover the association's costs, expenses, and reasonable attorney's fees incurred in defending the association or an impaired insurer's insured against a claim brought in violation of this subsection by a reinsurer, insurer, self-insurer, insurance pool, or underwriting association, on that entity's own behalf or on behalf of the entity's insured, after the date on which the entity is provided notice by the association or otherwise of the provisions of this section applicable to the entity's suit.|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.006(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.006(a), eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 343 (S.B. 1063), Sec. 4, eff. September 1, 2019.|
TX Ins Code § 462.208 (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 E. Covered Claims; Claimants|Section 462.208. Claims Not Covered: Supplementary Payment Obligations

Sec. 462.208.  CLAIMS NOT COVERED: SUPPLEMENTARY PAYMENT OBLIGATIONS.  A  supplementary payment obligation, including an adjustment fee or expense, attorney's fee or expense, court cost, interest or penalty, or interest or bond premium, incurred before an insurer is determined to be an impaired insurer is not a covered claim.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.209 (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 E. Covered Claims; Claimants|Section 462.209. Claims Not Covered: Prejudgment or Postjudgment Interest

Sec. 462.209.  CLAIMS NOT COVERED: PREJUDGMENT OR POSTJUDGMENT INTEREST.  Prejudgment or postjudgment interest that accrues after an insurer is determined to be an impaired insurer is not a covered claim.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.210 (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 E. Covered Claims; Claimants|Section 462.210. Claims Not Covered: Certain Damages

Sec. 462.210.  CLAIMS NOT COVERED: CERTAIN DAMAGES.  A claim against the insured, insurer, guaranty association, receiver, special deputy receiver, or commissioner for recovery of punitive, exemplary, extracontractual, or bad-faith damages awarded in a court judgment against an insured or insurer is not a covered claim.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.211 (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 E. Covered Claims; Claimants|Section 462.211. Claims Not Covered: Late Filed Claims

Sec. 462.211.  CLAIMS NOT COVERED:  LATE FILED CLAIMS.  (a)  Notwithstanding any other provision of this chapter or any other law to the contrary, and subject to Subsection (b), a claim that is filed with the association on a date that is later than 18 months after the date of the order of liquidation or that is unknown  and unreported as of the date is not a covered claim.(b)  This section does not apply to a claim for workers' compensation benefits governed by Title 5, Labor Code, and the applicable rules of the commissioner of workers' compensation.|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.007(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.007(a), eff. September 1, 2007.|
TX Ins Code § 462.213 (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 E. Covered Claims; Claimants|Section 462.213. Amount of Individual Covered Claim; Limit

Sec. 462.213.  AMOUNT OF INDIVIDUAL COVERED CLAIM; LIMIT.  (a)  Except as provided by Subsection (b) and Section 462.252, an individual covered claim may not exceed $300,000.(b)  The association shall pay the full amount of a covered claim arising out of a workers' compensation claim made under a workers' compensation insurance policy.(c)  For purposes of this section, an individual covered claim includes any derivative claims by more than one person that arise from the same occurrence.  The claims shall be considered collectively as a single claim under this chapter. |Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.214 (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 E. Covered Claims; Claimants|Section 462.214. Certain Shareholders' Claims: Limit

Sec. 462.214.  CERTAIN SHAREHOLDERS' CLAIMS: LIMIT.  Notwithstanding any other provision of this chapter, the association's liability for shareholder derivative actions or other claims for economic loss incurred by a claimant in the claimant's capacity as a shareholder under an insurance policy placed in force on or after January 1, 1992, is limited to $300,000 for each policy, including defense costs, regardless of the number of claimants under each policy.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.251 (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 F. Nonduplication of Recovery|Section 462.251. Exhaustion of Rights Under Other Policy Required

Sec. 462.251.  EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED.  (a)  Any person who has a claim under an insurance policy, other than an impaired insurer's policy, and whose claim arises from the same facts, injury, or loss giving rise to a claim against an impaired insurer or the insurer's insured, must first exhaust the person's rights under the insurance policy, including:(1)  a claim for benefits under a workers' compensation insurance policy or a claim for indemnity or medical benefits under a health, disability, uninsured motorist, personal injury protection, medical payment, liability, or other insurance policy; and(2)  the right to defense under the insurance policy.(b)  Subsection (a) applies without regard to whether the insurance policy is issued by a member insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.252 (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 F. Nonduplication of Recovery|Section 462.252. Reduction in Amount of Covered Claim for Other Policy

Sec. 462.252.  REDUCTION IN AMOUNT OF COVERED CLAIM FOR OTHER POLICY.  (a)  Except as provided by Subsection (b), an amount payable as a covered claim under this chapter is reduced by the full applicable limits of another insurance policy described by Section 462.251, and the association shall receive a full credit in the amount of the full applicable limits of the other policy.(b)  A covered claim for workers' compensation benefits is subject to reduction only by a third-party liability recovery under Section 417.002, Labor Code.(c)  Subject to Section 462.255, the maximum amount payable by the association is the damages incurred by the claimant, less the association's credit or offset under this section, except that the association's liability may not exceed the lesser of:(1)  $300,000; or(2)  the limits of the insurance policy under which the claim is made.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.253 (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 F. Nonduplication of Recovery|Section 462.253. Effect on Insured of Reduction in Amount of Covered Claim

Sec. 462.253.  EFFECT ON INSURED OF REDUCTION IN AMOUNT OF COVERED CLAIM.  To the extent that the association's obligation is reduced by the application of Sections 462.251 and 462.252, the liability of the person insured by the impaired insurer's policy for the claim is reduced in the same amount.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.254 (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 F. Nonduplication of Recovery|Section 462.254. Recovery From More Than One Guaranty Association

Sec. 462.254.  RECOVERY FROM MORE THAN ONE GUARANTY ASSOCIATION.  (a)  Except as provided by Subsections (b) and (c), a person who has a claim that may be recovered from more than one insurance guaranty association or the equivalent shall seek recovery first from the association of the insured's residence.(b)  A claimant shall seek recovery of a first-party claim for damage to property with a permanent location first from the association of the location of the property.(c)  A claimant shall seek recovery of a workers' compensation claim first from the association of the claimant's residence.(d)  The association has a credit or offset against the benefits under this chapter in the amount of the claimant's recovery under this section.(e)  Subject to Section 462.255, the maximum amount payable by the association is the amount of damages incurred by the claimant, less the credit or offset, except that the association's liability may not exceed $300,000.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.255 (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 F. Nonduplication of Recovery|Section 462.255. Certain Claims Subject to Lien or Subrogation; Limit on Total Recovery

Sec. 462.255.  CERTAIN CLAIMS SUBJECT TO LIEN OR SUBROGATION; LIMIT ON TOTAL RECOVERY.  (a)  Notwithstanding Sections 462.252(c) and 462.254(e), if a claimant is seeking recovery of insurance policy benefits that, had the impaired insurer not been insolvent, would be subject to lien or subrogation by any other insurer, including a workers' compensation insurer or health insurer, regardless of whether the other insurer is impaired, the association's credit or offset is deducted from the lesser of the damages incurred by the claimant or the limits of the policy under which the claim is made.(b)  A claimant's recovery under this chapter may not result in a total recovery to the claimant that is greater than the recovery that would have resulted had the impaired insurer not been insolvent.(c)  Subject to Sections 462.201-462.203, 462.205-462.210, 462.213, 462.214, and 462.305 of this code and Title 5, Labor Code, a claim for workers' compensation benefits under this chapter may not result in a recovery to the claimant that is less than the recovery that would have resulted had the impaired insurer not been insolvent. |Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.301 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.301. General Powers and Duties of Association in Connection With Payment of Covered Claims

Sec. 462.301.  GENERAL POWERS AND DUTIES OF ASSOCIATION IN CONNECTION WITH PAYMENT OF COVERED CLAIMS.  (a)  The association shall investigate and adjust, compromise, settle, and pay covered claims to the extent of the association's obligation and deny all other claims.(b)  The association may review a settlement, release, or judgment to which an impaired insurer or the impaired insurer's insured was a party to determine the extent to which the settlement, release, or judgment may be properly contested.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.302 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.302. Payment of Covered Claims

Sec. 462.302.  PAYMENT OF COVERED CLAIMS.  (a)  The association shall pay covered claims that exist before the designation of impairment or that arise:(1)  not later than the 30th day after the date of the designation of impairment;(2)  before the insurance policy expiration date, if that date is not later than the 30th day after the date of the designation of impairment; or(3)  before the insured replaces the insurance policy or causes the policy's cancellation, if the insured does so not later than the 30th day after the date of the designation of impairment.(b)  The association satisfies the obligation to pay a covered claim by paying the claimant the full amount of a covered claim for benefits.(c)  The association's liability is limited to the payment of covered claims.  The association is not liable for any other claim or damages against the insured, an impaired insurer, the association, the receiver, the special deputy receiver, the commissioner, or the liquidator, including a claim for:(1)  recovery of attorney's fees, prejudgment or postjudgment interest, or penalties;(2)  extracontractual damages, multiple damages, or exemplary damages; or(3)  any other amount sought in connection with the assertion or prosecution of a claim, without regard to whether the claim is a covered claim, by or on behalf of:(A)  an insured or claimant; or(B)  a provider of goods or services retained by an insured or claimant.(d)  The association shall pay claims in the order the association considers reasonable, including paying as claims are received from the claimants or in groups or categories of claims.(e)  This section does not exclude the payment of workers' compensation benefits or other liabilities or penalties authorized by Title 5, Labor Code, arising from the association's processing and paying workers' compensation benefits after the designation of impairment.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.303 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.303. Certain Determinations Not Binding

Sec. 462.303.  CERTAIN DETERMINATIONS NOT BINDING.  (a)  The association is not bound by:(1)  a judgment taken before the designation of impairment in which an insured under a liability insurance policy or the insurer failed to exhaust all appeals;(2)  a judgment taken by default or consent against an insured or the impaired insurer; or(3)  a judgment, settlement, or release entered into by the insured or the impaired insurer.(b)  A judgment, settlement, or release described by Subsection (a) is not evidence of liability or of damages in connection with a claim brought against the association, an impaired insurer's insured, or another party under this chapter.(c)  The association is entitled to recover the association's costs, expenses, and reasonable attorney's fees incurred in contesting a claim based on a judgment, settlement, or release described by Subsection (a) on the association's behalf or on behalf of an impaired insurer's insured after the date on which the party asserting the claim is provided notice by the association or otherwise of the provisions of this section applicable to the judgment, settlement, or release.|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. 6, eff. September 1, 2019.|
TX Ins Code § 462.304 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.304. Servicing Facility

Sec. 462.304.  SERVICING FACILITY.  (a)  The association shall handle claims through:(1)  the association's employees or contract claims adjusters; or(2)  subject to the approval of the commissioner, one or more insurers designated as a servicing facility under a servicing agreement or loss portfolio transfer agreement.(b)  A member insurer may decline designation as a servicing facility.(c)  The association shall reimburse a servicing facility for obligations of the association paid by the facility and expenses incurred by the facility in handling claims for the association.  The association shall reimburse a servicing facility under this subsection in a manner that is consistent with the applicable servicing agreement or loss portfolio agreement.(d)  The commissioner may revoke the designation of a servicing facility if the commissioner finds that servicing facility is handling claims unsatisfactorily.|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. 7, eff. September 1, 2019.|
TX Ins Code § 462.305 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.305. Limitation of Association's Liability

Sec. 462.305.  LIMITATION OF ASSOCIATION'S LIABILITY.  The association is not liable to an insured or liability claimant for the association's failure to settle a liability claim within the limits of a covered claim under this chapter.  A claim described by this section for failure to settle a liability claim is not a covered claim.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.306 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.306. Discharge of Policy Obligation

Sec. 462.306.  DISCHARGE OF POLICY OBLIGATION.  (a)  The association shall discharge an impaired insurer's policy obligations, including the duty to defend insureds under a liability insurance policy, to the extent that the policy obligation is a covered claim under this chapter.(b)  In performing the association's statutory obligations, the association may also enforce a duty imposed on the insured or beneficiary under the terms of an insurance policy within the scope of this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.307 (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 G. Association Powers and Duties Relating to Covered Claims|Section 462.307. Assignment of Rights

Sec. 462.307.  ASSIGNMENT OF RIGHTS.  (a)  A person recovering under this chapter assigns to the association the person's rights:(1)  under the insurance policy; and(2)  to recover for the occurrence that is the basis of the claim under this chapter under an insurance policy issued by an unimpaired insurer to the extent of the person's recovery from the association.(b)  The association may pursue a claim to which the association is subrogated under Subsection (a) in the association's own name or in the name of the person recovering under this chapter.(c)  An insured or claimant seeking the protection of this chapter shall cooperate with the association to the same extent as that person would have been required to cooperate with the impaired insurer.(d)  Except as provided by Section 462.308 or 462.212, the association does not have a cause of action against the impaired insurer's insured for money the association has paid, other than a cause of action that the impaired insurer would have had if the money had been paid by the impaired insurer.(e)  In the case of an impaired insurer operating on a plan with assessment liability, the payment of a claim of the association does not reduce the liability of the insured to the receiver or statutory successor for an unpaid assessment.(f)  To the extent the association has a right to recover proceeds from the sale of salvage property related to a covered claim, the association's right to recover the proceeds may not be reduced in the amount of any pre-impairment costs, fees, or expenses related to the salvage property that are not part of a covered claim under Subchapter E.  A person or entity in possession of salvage property subject to the association's right of recovery may not seek recovery from the association for any pre-impairment costs, fees, or expenses related to the salvage property that are not a covered claim under Subchapter E.|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. 8, eff. September 1, 2019.|