Tex. Ins. Code Section 441.301
Remedial Action by Attorney General

(a)

The commissioner may, at any time and regardless of whether an insurer is under supervision or conservatorship, determine that the insurer is not in a condition to continue business in the interest of the insurer’s policyholders or certificate holders. The commissioner shall give notice of that determination to the attorney general.

(b)

On receipt of notice under Subsection (a), the attorney general shall file suit in the nature of quo warranto in a court in Travis County to:

(1)

forfeit the insurer’s charter; or

(2)

require the insurer to comply with the law or prove to the commissioner that the insurer is solvent, and satisfy the requirement that the insurer’s condition does not make the continuation of the insurer’s business hazardous to the public or to the insurer’s policyholders or certificate holders.

(c)

The commissioner may at any time refer an insurer to the attorney general for the purpose of taking any remedial action, including applying for the appointment of a receiver under Chapter 442.

(d)

Supervision or conservatorship of the insurer is not required before the attorney general may take remedial action under this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 441.301 — Remedial Action by Attorney General, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­441.­htm#441.­301 (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
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Accessed:
Jun. 5, 2024

§ 441.301’s source at texas​.gov