2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle A - General Provisions › Chapter 1806 - Prohibited Practices and Rebates Related to Policies › Subchapter C. Provisions Applicable to Casualty Insurance › Section 1806.102. Applicability of Subchapter

Sec. 1806.102.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies to an insurer, including a corporation, reciprocal or interinsurance exchange, mutual insurance company, association, Lloyd's plan, or other organization, writing casualty insurance or writing fidelity, surety, or guaranty bonds, on risks or operations in this state.
(b)  This subchapter applies to:
(1)  a farm mutual insurance company with respect to each line of insurance that a farm mutual insurance company is authorized to write under Section 911.151; and
(2)  a county mutual insurance company with respect to each line of insurance that a county mutual insurance company is authorized to write under Section 912.151.
(c)  Except as otherwise provided by this subchapter, this subchapter does not apply to the writing of:
(1)  automobile insurance;
(2)  life, health, or accident insurance;
(3)  professional liability insurance;
(4)  reinsurance;
(5)  aircraft insurance;
(6)  fraternal benefit insurance;
(7)  fire insurance;
(8)  workers' compensation insurance;
(9)  marine insurance, including noncommercial inland marine insurance and ocean marine insurance;
(10)  title insurance;
(11)  explosion insurance, except insurance against loss from personal injury or property damage resulting accidentally from:
(A)  a steam boiler;
(B)  a heater or pressure vessel;
(C)  an electrical device;
(D)  an engine; or
(E)  all machinery and appliances used in connection with or in the operation of a boiler, heater, vessel, electrical device, or engine described by Paragraphs (A)-(D); or
(12)  insurance coverage for any of the following conditions or risks:
(A)  weather or climatic conditions, including lightning, tornado, windstorm, hail, cyclone, rain, or frost and freeze;
(B)  earthquake or volcanic eruption;
(C)  smoke or smudge;
(D)  excess or deficiency of moisture;
(E)  flood;
(F)  the rising water of an ocean or an ocean's tributary;
(G)  bombardment, invasion, insurrection, riot, civil war or commotion, military or usurped power, or any order of a civil authority made to prevent the spread of a conflagration, epidemic or catastrophe;
(H)  vandalism or malicious mischief;
(I)  strike or lockout;
(J)  water or other fluid or substance resulting from:
(i)  the breakage or leakage of a sprinkler, pump, or other apparatus erected for extinguishing fire, or a water pipe or other conduit or container; or
(ii)  casual water entering a building through a leak or opening in the building or by seepage through building walls; or
(K)  accidental damage to a sprinkler, pump, fire apparatus, pipe, or other conduit or container described by Paragraph (J)(i).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.033, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.033, eff. September 1, 2007.