Tex. Ins. Code Section 542A.002
Applicability of Chapter

(a)

Except as provided by Subsection (b), this chapter applies to an action on a claim against an insurer or agent, including:

(1)

an action alleging a breach of contract;

(2)

an action alleging negligence, misrepresentation, fraud, or breach of a common law duty; or

(3)

an action brought under:

(A)

Subchapter D (Private Action for Damages Authorized), Chapter 541 (Unfair Methods of Competition and Unfair or Deceptive Acts or Practices);

(B)

Subchapter B (Definitions), Chapter 542 (Processing and Settlement of Claims); or

(C)

Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code.

(b)

This chapter does not apply to an action against the Texas Windstorm Insurance Association or to an action relating to or arising from a policy ceded to an insurer by the Texas Windstorm Insurance Association under Subchapter O (Depopulation Program), Chapter 2210 (Texas Windstorm Insurance Association). This chapter applies to an action that relates to or arises from a policy renewed under Section 2210.703 (Renewal of Reinsured Policies; Comparable Coverage).
Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.

Source: Section 542A.002 — Applicability of Chapter, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­542A.­htm#542A.­002 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 542A.002’s source at texas​.gov