Tex.
Ins. Code Section 101.201
Validity of Insurance Contracts
(a)
An insurance contract, agreement, or arrangement prohibited by Section 101.102 (Unauthorized Insurance Prohibited), purported to be effective in this state and entered into by an unauthorized insurer or person, is unenforceable by the unauthorized insurer or person. A person who in any manner assisted directly or indirectly in the procurement, processing, administration, claims handling, adjusting, or claims payment of the contract, agreement, or arrangement is liable to the insured for the full amount of a claim or loss under the terms of the contract, agreement, or arrangement if the unauthorized insurer or person fails to pay the claim or loss.(b)
This section does not apply to insurance procured by a licensed surplus lines agent from an eligible surplus lines insurer, as defined by Chapter 981 (Surplus Lines Insurance), and independently procured contracts of insurance, as described in Section 101.053 (Application of Subchapter)(b)(4), that are reported and on which premium tax is paid in accordance with Chapter 225 (Surplus Lines Insurance Premium Tax) or 226 (Unauthorized and Independently Procured Insurance Premium Tax) or to another arrangement expressly authorized by law.
Source:
Section 101.201 — Validity of Insurance Contracts, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.101.htm#101.201 (accessed Jun. 5, 2024).
