Tex. Ins. Code Section 463.204
Obligations Excluded


A contractual obligation does not include:

(1)

death benefits in an amount in excess of $300,000 or a net cash surrender or net cash withdrawal value in an amount in excess of $100,000 under one or more life insurance policies on a single life;

(2)

an amount in excess of:

(A)

$250,000 in the present value under one or more annuity contracts issued with respect to a single life under individual annuity policies or group annuity policies; or

(B)

$5 million in unallocated annuity contract benefits with respect to a single contract owner regardless of the number of those contracts;

(3)

an amount in excess of the following amounts, including any net cash surrender or cash withdrawal values, under one or more accident, health, accident and health, or long-term care insurance policies on a single life:

(A)

$500,000 for health benefit plans;

(B)

$300,000 for disability income and long-term care insurance, as those terms are defined by this code or rules adopted by the commissioner; or

(C)

$200,000 for coverages that are not defined as health benefit plans, disability income, or long-term care insurance;

(4)

an amount in excess of $250,000 in present value annuity benefits, in the aggregate, including any net cash surrender and net cash withdrawal values, with respect to each individual participating in a governmental retirement benefit plan established under Section 401, 403(b), or 457, Internal Revenue Code of 1986 (26 U.S.C. Sections 401, 403(b), and 457), covered by an unallocated annuity contract or the beneficiary or beneficiaries of the individual if the individual is deceased;

(5)

an amount in excess of $250,000 in present value annuity benefits, in the aggregate, including any net cash surrender and net cash withdrawal values, with respect to each payee of a structured settlement annuity or the beneficiary or beneficiaries of the payee if the payee is deceased;

(6)

aggregate benefits in an amount in excess of $300,000 with respect to a single life, except with respect to:

(A)

benefits paid under health benefit plans, described by Subdivision (3)(A), in which case the aggregate benefits are $500,000; and

(B)

benefits paid to one owner of multiple nongroup policies of life insurance, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, in which case the maximum benefits are $5 million regardless of the number of policies and contracts held by the owner;

(7)

an amount in excess of $5 million in benefits, with respect to either one plan sponsor whose plans own directly or in trust one or more unallocated annuity contracts not included in Subdivision (4) irrespective of the number of contracts with respect to the contract owner or plan sponsor or one contract owner provided coverage under Section 463.201 (Persons Covered)(a)(3)(B), except that, if one or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state, and in no event shall the association be obligated to cover more than $5 million in benefits with respect to all these unallocated contracts;

(8)

any contractual obligations of the insolvent or impaired insurer under a covered policy or contract that do not materially affect the economic value of economic benefits of the covered policy or contract; or

(9)

punitive, exemplary, extracontractual, or bad faith damages, regardless of whether the damages are:

(A)

agreed to or assumed by an insurer, insured, or covered person; or

(B)

imposed by a court.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.013(d), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.013(d), eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 14 (S.B. 567), Sec. 8, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 432 (S.B. 1153), Sec. 15, eff. September 1, 2019.

Source: Section 463.204 — Obligations Excluded, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­463.­htm#463.­204 (accessed Jun. 5, 2024).

463.001
Short Title
463.002
Purpose
463.003
General Definitions
463.004
Construction
463.005
Immunity
463.006
Rules
463.007
Construction of Long-term Care Rider
463.0031
Definition of Principal Place of Business of Plan Sponsor or Other Person
463.0032
Use of Terms Policy and Contract
463.051
Purpose and Regulation of Association
463.052
Required Participation in Association
463.053
Board of Directors
463.054
Eligibility to Serve as Public Representative
463.055
Term
463.056
Compensation of Board Members
463.057
Financial Statement of Board Member
463.058
Conflict of Interest
463.059
Meetings by Telephone and Videoconference
463.101
General Powers and Duties
463.102
Plan of Operation
463.103
Personnel
463.104
Association Records
463.105
Accounts
463.106
Delegation of Powers and Duties
463.107
Exemption from Taxation
463.108
Detection and Prevention of Impairment and Insolvency
463.109
Association Appearance Before Court
463.110
Annual Report
463.111
Board and Association Advice and Assistance
463.112
Board Access to Records
463.113
Board Report at Conclusion of Insolvency
463.114
Summary Document
463.151
Making and Payment of Assessment
463.152
Classes of Assessments
463.153
Amount of Assessments
463.154
Deferment
463.155
Deposit of Assessments
463.156
Certificate of Contribution
463.157
Refunds
463.158
Use of Assessments
463.159
Failure to Pay
463.160
Premium Tax Credit for Class a Assessment
463.161
Premium Tax Credit for Class B Assessment
463.162
Assignment or Transfer of Credit
463.163
Insured’s Liability Under Assessment Plan
463.201
Persons Covered
463.202
Policies and Contracts Covered
463.203
Policies and Contracts Excluded
463.204
Obligations Excluded
463.205
Protection Provided by Other Jurisdiction
463.206
Association Discretion in Manner of Providing Benefits
463.251
Impaired Domestic Insurer
463.252
Impaired Domestic, Foreign, or Alien Insurer Not Paying Claims
463.253
Insolvent Insurer
463.254
Life or Health Insurance Policies or Contracts
463.255
Policy or Contract with Guaranteed Interest Rate
463.256
Alternative Policy
463.257
Imposition of Lien or Moratorium
463.258
Premium for Reissuance of Terminated Coverage
463.259
Premium Due During Receivership
463.260
Limits on and Termination of Association Obligation
463.261
Assignment of Rights
463.262
Effect of Subrogation and Assignment of Rights and Available Assets on Association Obligation
463.263
Deposit to Be Paid to Association
463.264
Reinsurance
463.301
Issuance or Renewal of Policies Following Conservatorship or Receivership
463.302
Distributions to Shareholders and Affiliates
463.303
Assets Attributable to Covered Policies
463.304
Distribution of Ownership Rights of Impaired or Insolvent Insurer
463.351
Notice of Commissioner Actions
463.352
Advice from Board
463.353
Examination
463.354
Demand to Cure Impairment
463.355
Failure to Comply with Plan of Operation
463.356
Assumption of Powers and Duties of Association
463.357
Notification of Effect of Chapter
463.358
Statement of Premiums
463.401
Appeal to Commissioner
463.402
Venue
463.403
Appeal Bond
463.404
Stay of Proceedings
463.451
Prohibited Use of Protection Provided by Chapter

Accessed:
Jun. 5, 2024

§ 463.204’s source at texas​.gov