Tex. Ins. Code Section 2211.055
Association Duties with Respect to Policies

(a)

The association may, for FAIR Plan purposes only:

(1)

issue insurance policies and endorsements to those policies in the association’s own name or a trade name adopted for that purpose; and

(2)

act on behalf of all participating insurers in connection with those policies and act in any other manner necessary to accomplish the purposes of this chapter, including:

(A)

issuing insurance policies;

(B)

collecting premiums;

(C)

issuing cancellations; and

(D)

paying commissions, losses, judgments, and expenses.

(b)

In connection with an insurance policy issued by the association:

(1)

service of a notice, proof of loss, legal process, or other communication with regard to the policy must be made on the association; and

(2)

an action by the insured constituting a claim under the policy may be brought only against the association, and the association is the proper party for all purposes in an action brought under or in connection with the policy.

(c)

The requirements of Subsection (b) must be stated in an insurance policy issued by the association.

(d)

The form and content of an insurance policy issued by the association are subject to the commissioner’s approval.

(e)

The association may assume and cede reinsurance as provided by the plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Source: Section 2211.055 — Association Duties with Respect to Policies, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2211.­htm#2211.­055 (accessed Feb. 26, 2025).

2211.001
Definitions 2211.002
Immunity 2211.003
Appeals 2211.051
Establishment of Fair Plan 2211.052
Administration of Fair Plan 2211.053
Amendments to Plan of Operation 2211.054
Contents of Plan of Operation 2211.055
Association Duties with Respect to Policies 2211.056
Filing and Approval of Rates 2211.057
Powers of Commissioner 2211.058
Annual Operating Report 2211.059
Assets of Association 2211.101
Coverage Provided to Insureds in Underserved Area 2211.102
Liability of Insurers to Association 2211.103
Recomputation of Reimbursement Ratios 2211.104
Additional Assessment in Event of Deficit 2211.105
Retention and Use of Profits by Association 2211.151
Mandatory Coverage Provided to Certain Insureds 2211.152
Designation of Area as Underserved 2211.153
Inspection Bureau 2211.154
Property Inspection 2211.155
Inspection Results 2211.156
Certain Coverage Excluded 2211.157
Coverage for Certain Windstorm and Hail Damage 2211.201
Purpose 2211.202
Definitions 2211.203
Applicability of Other Laws 2211.204
Issuance of Public Securities Authorized 2211.205
Limitation on Amount of Public Securities 2211.206
Terms of Issuance 2211.207
Contents of Public Security Resolution 2211.208
Source of Payment 2211.209
Service Fee 2211.210
Exemption from Taxation 2211.211
Authorized Investments 2211.212
State Pledge Regarding Public Security Owner Rights and Remedies 2211.213
Payment Enforceable by Mandamus 2211.251
Sanctions and Administrative Penalties 2211.252
Additional Disciplinary Procedures 2211.0521
Meetings of Governing Body 2211.1515
Mandatory Property Owners’ Association Policies in Certain Areas
Green check means up to date. Up to date

Accessed:
Feb. 26, 2025

§ 2211.055’s source at texas​.gov