Tex. Ins. Code Section 441.051
Circumstances Constituting Insolvency or Delinquency


For the purposes of this chapter, the circumstances in which an insurer is considered insolvent, delinquent, or threatened with delinquency include circumstances in which the insurer:

(1)

has required surplus, capital, or capital stock that is impaired to an extent prohibited by law;

(2)

continues to write new business when the insurer does not have the surplus, capital, or capital stock that is required by law to write new business;

(3)

conducts the insurer’s business fraudulently; or

(4)

attempts to dissolve or liquidate without first having made provisions satisfactory to the commissioner for liabilities arising from insurance policies issued by the insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 441.051 — Circumstances Constituting Insolvency or Delinquency, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­441.­htm#441.­051 (accessed Jun. 5, 2024).

441.001
Findings and Purpose
441.002
Definition
441.003
Applicability of and Compliance with Chapter
441.004
Actions of Commissioner
441.005
Rules
441.006
Rules and Procedures for Merger of Insurers
441.007
Conflict with Other Laws
441.008
Inapplicability of Certain Administrative Procedure Provisions
441.051
Circumstances Constituting Insolvency or Delinquency
441.052
Circumstances Constituting Insurer Exceeding Powers
441.053
Notice to Insurer
441.101
Appointment of Supervisor
441.102
Time for Compliance with Requirements of Supervision
441.103
Payment of Claims
441.104
Prohibited Acts During Supervision
441.105
Hearing on Supervision
441.151
Appointment of Conservator
441.152
Notice of Conservatorship
441.153
Powers and Duties of Conservator
441.154
Payment of Claims
441.155
Reinsurance During Conservatorship
441.156
Hearings During Conservatorship
441.157
Immunity
441.158
Venue
441.159
Duration of Conservatorship
441.160
Return to Management
441.201
Confidentiality
441.202
Costs of Supervision and Conservatorship
441.203
Collection of Fees from Rehabilitated Insurer
441.204
Review and Stay of Certain Acts of Supervisor or Conservator
441.205
Appeal of Certain Orders
441.206
Ex Parte Meeting with Commissioner
441.207
Insurer Employees During Supervision or Conservatorship
441.251
Applicability
441.252
Appointment of Ancillary Supervisor or Conservator
441.253
Powers and Duties of Ancillary Supervisor or Conservator
441.254
Failure to Comply with Requirements of Supervision
441.255
Referral for Remedial Action
441.301
Remedial Action by Attorney General
441.302
Forfeiture and Cancellation of Charter on Conclusion of Business
441.351
Agents of Record

Accessed:
Jun. 5, 2024

§ 441.051’s source at texas​.gov