reglab/housing_qa huggingface dataset:
TX Ins Code § 462.308 (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 462.308. Recovery From Certain Persons

Sec. 462.308.  RECOVERY FROM CERTAIN PERSONS.  (a)  The association is entitled to recover:(1)  the amount of a covered claim and the cost of defense paid on behalf of a person:(A)  who is an affiliate of the impaired insurer; and(B)  whose liability obligations to other persons are satisfied wholly or partly by payment made under this chapter; and(2)  the amount of a covered claim for workers' compensation insurance benefits and the costs of administration and defense of the claim paid under this chapter from an insured employer or any successor entity to the insured employer under state, federal, or international law whose net worth on December 31 of the year preceding the date the insurer becomes an impaired insurer exceeds $50 million.(b)  The association is not entitled to recover under Subsection (a)(2) against an insured who is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Section 501(c)(3) of that code.(c)  For purposes of Subsection (a)(2), an insured's net worth is deemed to include the aggregate net worth of the insured and of the insured's parent, subsidiary, and affiliated companies computed on a consolidated basis.(d)  A court shall award the association the association's costs, expenses, and reasonable attorney's fees incurred in seeking recovery under this section.|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.009(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.009(a), eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 343 (S.B. 1063), Sec. 9, eff. September 1, 2019.|
TX Ins Code § 462.309 (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 462.309. Stay of Proceedings; Certain Decisions Not Binding

Sec. 462.309.  STAY OF PROCEEDINGS; CERTAIN DECISIONS NOT BINDING.  (a)  To permit the association to properly defend a pending cause of action, a proceeding in which an impaired insurer is a party or is obligated to defend a party in a court in this state, other than a proceeding directly related to the receivership or instituted by the receiver, is stayed for:(1)  a six-month period beginning on the later of the date of the designation of impairment or the date an ancillary proceeding is brought in this state; and(2)  a subsequent period as determined by the court, if any.(b)  The stay applies to each party to the proceeding and the proceeding is stayed for all purposes.(c)  A deadline imposed under the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure is tolled during the stay.  Statutes of limitation or repose are not tolled during the stay, and any action filed during the stay is stayed upon the filing of the action.(d)  The court in which the delinquency proceeding is pending has exclusive jurisdiction regarding the application, enforcement, and extension of the stay and may issue an injunction or another similar order to enforce the stay.(e)  The commissioner may bring an ancillary conservation proceeding under Section 443.401 for the purpose of determining the application, enforcement, and extension of the stay to an impaired insurer that is not domiciled in this state.(f)  With respect to a covered claim arising from a judgment, order, decision, verdict, or finding based on the default of an impaired insurer or an impaired insurer's failure to defend the insured, the association, on the association's own behalf or on behalf of an insured and on application, shall be entitled to:(1)  have the court or administrator that made the judgment, order, decision, verdict, or finding set aside the judgment, order, decision, verdict, or finding; and(2)  defend the claim on the merits.|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.011(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.011(a), eff. September 1, 2007.|
TX Ins Code § 462.310 (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 462.310. Settlement by Association Binding; Priority of Claim and Expenses

Sec. 462.310.  SETTLEMENT BY ASSOCIATION BINDING;  PRIORITY OF CLAIM AND EXPENSES.  (a)  The settlement of a covered claim by the association or a similar organization in another state binds the receiver or statutory successor of an impaired insurer.(b)  The court having jurisdiction shall give the covered claim the same priority against assets of the impaired insurer that the claim would have had in the absence of this chapter.(c)  The expenses of the association or a similar organization in another state in handling claims have the same priority as the receiver's expenses.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.311 (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 462.311. Report to Receiver

Sec. 462.311.  REPORT TO RECEIVER.  The association shall periodically file with the receiver of an impaired insurer a statement of covered claims paid by the association and an estimate of claims anticipated against the association.  The statement preserves the rights of the association against the assets of the impaired insurer.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 462.351 (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 H. Release From Receivership|Section 462.351. Issuance of Policies After Release From Receivership

Sec. 462.351.  ISSUANCE OF POLICIES AFTER RELEASE FROM RECEIVERSHIP.  (a)  Except as provided by Subsection (b), an impaired insurer placed in receivership for which money has been advanced under this chapter may not be authorized, on release from receivership, to issue new or renewal insurance policies until the insurer repays the advances to the association.(b)  On application of the association and after hearing, the commissioner may permit the insurer to issue new insurance policies in accordance with the insurer's plan of operation for repayment of advances.(c)  The commissioner, in approving the plan of operation, may place restrictions on the issuance of new or renewal insurance policies as the commissioner considers necessary to implement the plan.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.001 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.001. Short Title

Sec. 463.001.  SHORT TITLE.  This chapter may be cited as the Texas Life and Health Insurance Guaranty Association Act.|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.012(b), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.012(b), eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 14 (S.B. 567), Sec. 2, eff. September 1, 2011.|
TX Ins Code § 463.002 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.002. Purpose

Sec. 463.002.  PURPOSE.  The purpose of this chapter is to protect, subject to certain limitations, a person specified by Section 463.201 against failure in the performance of a contractual obligation under a life, accident, health, or annuity policy, plan, or contract with respect to which this chapter provides coverage as determined under Subchapter E, because of the impairment or insolvency of the member insurer that issued the policy, plan, or contract.|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. 432 (S.B. 1153), Sec. 1, eff. September 1, 2019.|
TX Ins Code § 463.0031 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.0031. Definition of Principal Place of Business of Plan Sponsor or Other Person

Sec. 463.0031.  DEFINITION OF PRINCIPAL PLACE OF BUSINESS OF PLAN SPONSOR OR OTHER PERSON.  (a)  Except as otherwise provided by this section, in this chapter, the "principal place of business" of a plan sponsor or a person other than an individual means the single state in which the individuals who establish policy for the direction, control, and coordination of the operations of the plan sponsor or person as a whole primarily exercise that function, as determined by the association in its reasonable judgment by considering the following factors:(1)  the state in which the primary executive and administrative headquarters of the plan sponsor or person is located;(2)  the state in which the principal office of the chief executive officer of the plan sponsor or person is located;(3)  the state in which the board of directors, or similar governing person or persons, of the plan sponsor or person conduct the majority of their meetings;(4)  the state in which the executive or management committee of the board of directors, or similar governing person or persons, of the plan sponsor or person conduct the majority of their meetings;(5)  the state from which the management of the overall operations of the plan sponsor or person is directed; and(6)  in the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the factors described by Subdivisions (1)-(5).(b)  In the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state is the principal place of business of the plan sponsor.(c)  The principal place of business of a plan sponsor of a benefit plan described in Section 463.003(8-a)(C) is the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in that benefit plan.|Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.013(b), eff. September 1, 2007.Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.013(b), eff. September 1, 2007.|
TX Ins Code § 463.0032 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.0032. Use of Terms Policy and Contract

Sec. 463.0032.  USE OF TERMS POLICY AND CONTRACT.  For purposes of this chapter, "policy" and "contract" have the same meaning.|Added by Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 3, eff. September 1, 2019.|
TX Ins Code § 463.004 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.004. Construction

Sec. 463.004.  CONSTRUCTION.  This chapter shall be liberally construed to implement the purpose of this chapter described by Section 463.002. Section 463.002 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 § 463.005 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.005. Immunity

Sec. 463.005.  IMMUNITY.  (a)  The following persons are not liable, and a cause of action does not arise against any of the following persons, for a good faith act or omission in exercising powers and performing 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 or the insurer's agent or employee;(4)  a board member;(5)  the receiver; and(6)  a special deputy receiver or the special deputy receiver's agent or employee.(b)  Immunity under Subsection (a) extends to participation in an organization of one or more state associations that have similar purposes and to a similar organization and the organization's agent or employee.(c)  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 brought 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 this section.  The attorney general is not required to defend 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 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 this section.  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 § 463.006 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.006. Rules

Sec. 463.006.  RULES.  The commissioner shall adopt reasonable rules as necessary to carry out and supplement this chapter and the purposes of this chapter.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.007 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter A. General Provisions|Section 463.007. Construction of Long-Term Care Rider

Sec. 463.007.  CONSTRUCTION OF LONG-TERM CARE RIDER.  For purposes of this chapter, benefits provided by a long-term care rider to a life insurance policy or annuity contract are considered to be the same type of benefits as the base life insurance policy or annuity contract.|Added by Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 3, eff. September 1, 2019.|
TX Ins Code § 463.051 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.051. Purpose and Regulation of Association

Sec. 463.051.  PURPOSE AND REGULATION OF ASSOCIATION.  (a)  The Texas Life and Health Insurance Guaranty Association is a nonprofit legal entity existing to pay benefits and continue coverage as provided by this chapter.(b)  The association is subject to the applicable provisions of this code and other insurance laws of this state and the immediate supervision of the commissioner.  The commissioner may examine and regulate the association in the same manner as an insurer under this code.|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.014(a), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.014(a), eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 14 (S.B. 567), Sec. 4, eff. September 1, 2011.|
TX Ins Code § 463.052 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.052. Required Participation in Association

Sec. 463.052.  REQUIRED PARTICIPATION IN ASSOCIATION.  (a)  As a condition of engaging in the business of insurance in this state, an insurer, including a mutual assessment company, a local mutual aid association, a statewide mutual assessment company, a stipulated premium company, and a health maintenance organization authorized to engage in business in this state, shall participate as a member of the association if the insurer holds a certificate of authority to engage in a kind of insurance business in this state with respect to which this chapter provides coverage as determined under Subchapter E.  The requirement to participate applies regardless of whether the insurer's certificate of authority in this state is suspended, revoked, not renewed, or voluntarily withdrawn.(b)  The following do not participate as member insurers:(1)  a fraternal benefit society;(2)  a mandatory state pooling plan;(3)  a reciprocal or interinsurance exchange;(4)  an organization which has a certificate of authority or license limited to the issuance of charitable gift annuities, as defined by this code or rules adopted by the commissioner; and(5)  an entity similar to an entity described by Subdivision (1), (2), (3), or (4).|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.013(c), eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.013(c), eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 4, eff. September 1, 2019.|
TX Ins Code § 463.053 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.053. Board of Directors

Sec. 463.053.  BOARD OF DIRECTORS.  (a)  The association's powers are exercised through a board of directors consisting of nine individuals appointed by the commissioner as provided by this section.(b)  The commissioner shall appoint three board members from officers or employees of the 50 member insurers having the largest total direct premium income according to the most recent financial statement on file on the date of appointment.(c)  To give fair representation to member insurers, the commissioner shall appoint two board members from member insurers other than insurers described by Subsection (b), considering the varying categories of premium income and geographical location.(c-1)  The commissioner shall consider, among other things, whether the directors appointed under Subsections (b) and (c) fairly represent the member insurers that are health maintenance organizations and life, health, and annuity insurers.(d)  The commissioner shall appoint four board members who are public representatives.|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. 432 (S.B. 1153), Sec. 5, eff. September 1, 2019.|
TX Ins Code § 463.054 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.054. Eligibility to Serve as Public Representative

Sec. 463.054.  ELIGIBILITY TO SERVE AS PUBLIC REPRESENTATIVE.  To be eligible to serve as a public representative, an individual may not:(1)  be an officer, director, or employee of an insurer, insurance agency, agent, broker, solicitor, adjuster, or other business entity regulated by the department;(2)  be a person required to register under Chapter 305, Government Code; or(3)  be related within the second degree by affinity or consanguinity to a person described by Subdivision (1) or (2).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.055 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.055. Term; Vacancy

Sec. 463.055.  TERM; VACANCY.  (a)  Board members serve staggered six-year terms, with the terms of three members expiring each odd-numbered year.  A member may be reappointed.(b)  A board member shall serve until a successor is appointed.(c)  If a board member who is an officer or employee of a member insurer ceases to be an officer or employee of the insurer, the member's office becomes vacant.(d)  The commissioner shall appoint an individual to fill a vacancy on the board for the unexpired term.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.056 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.056. Compensation of Board Members

Sec. 463.056.  COMPENSATION OF BOARD MEMBERS.  A board member may not receive compensation from the association for the member's services but may be reimbursed from the association's assets for expenses incurred as a board member.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|
TX Ins Code § 463.057 (2021)
2021 Texas Statutes|Insurance Code|Title 4 - Regulation of Solvency|Subtitle D - Guaranty Associations|Chapter 463 - Texas Life and Health Insurance Guaranty Association|Subchapter B. Governance of and Participation in Association|Section 463.057. Financial Statement of Board Member

Sec. 463.057.  FINANCIAL STATEMENT OF BOARD MEMBER.  Each board member shall file with the Texas Ethics Commission a financial statement as provided by Subchapter B, Chapter 572, Government Code.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.|