Tex.
Ins. Code Section 541.155
Abatement
(a)
A person against whom an action under this subchapter is pending who does not receive the notice as required by Section 541.154 (Prior Notice of Action) may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the action is pending.(b)
The court shall abate the action if, after a hearing, the court finds that the person is entitled to an abatement because the claimant did not provide the notice as required by Section 541.154 (Prior Notice of Action).(c)
An action is automatically abated without a court order beginning on the 11th day after the date a plea in abatement is filed if the plea:(1)
is verified and alleges that the person against whom the action is pending did not receive the notice as required by Section 541.154 (Prior Notice of Action); and(2)
is not controverted by an affidavit filed by the claimant before the 11th day after the date the plea in abatement is filed.(d)
An abatement under this section continues until the 60th day after the date notice is provided in compliance with Section 541.154 (Prior Notice of Action).(e)
This section does not apply if Section 541.154 (Prior Notice of Action)(c) applies.
Source:
Section 541.155 — Abatement, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.541.htm#541.155 (accessed Jun. 5, 2024).
