Tex. Ins. Code Section 441.052
Circumstances Constituting Insurer Exceeding Powers

For the purposes of this chapter, the circumstances in which an insurer is considered to have exceeded the insurer’s powers include circumstances in which the insurer:

(1)

refuses to permit the commissioner, the commissioner’s deputy, or an examiner appointed by the department to examine the insurer’s books, papers, accounts, records, or affairs;

(2)

is organized in this state and removes from the state books, papers, accounts, or records that are necessary to examine the insurer;

(3)

fails to promptly answer inquiries authorized by Section 38.001 (Inquiries);

(4)

fails to comply with an order of the commissioner to remedy, within the time prescribed by law, a prohibited deficiency in the insurer’s capital, capital stock, or surplus;

(5)

without obtaining the commissioner’s prior written approval:

(A)

totally reinsures the insurer’s entire outstanding business; or

(B)

merges or consolidates substantially all of the insurer’s property or business with another insurer;

(6)

continues to write business after the insurer’s certificate of authority has been revoked or suspended; or

(7)

is in a condition that makes the insurer’s continuation in business hazardous to the public or to the insurer’s policyholders or certificate holders.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 441.052 — Circumstances Constituting Insurer Exceeding Powers, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­441.­htm#441.­052 (accessed May 4, 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
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Accessed:
May 4, 2024

§ 441.052’s source at texas​.gov