Sec. 2210.060. INDEMNIFICATION BY ASSOCIATION. (a) Except as provided by Subsection (b), the association shall indemnify each director, officer, and employee of the association and each member of the association against all costs and expenses actually and necessarily incurred by the person or entity in connection with the defense of an action or proceeding in which the person or entity is made a party because of the person's status as a director, officer, or employee of the association or the member's status as a member of the association.
(b) Subsection (a) does not apply to a matter in which the person or entity is determined in the action or proceeding to be liable because of misconduct in the performance of duties as a director, officer, or employee of the association or a member of the association.
(c) Subsection (a) does not authorize the association to indemnify a member of the association for participating in the assessments made by the association in the manner provided by this chapter.
(d) Indemnification under this section is not exclusive of other rights to which the member or officer may be entitled as a matter of law.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 15, eff. June 19, 2009.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle G - Pools, Groups, Plans, and Self-Insurance
Chapter 2210 - Texas Windstorm Insurance Association
Subchapter B. Administration of Association
Section 2210.051. Composition of Association; Required Membership
Section 2210.052. Member Participation in Association
Section 2210.053. Operation of Association
Section 2210.054. Annual Statement
Section 2210.055. Legal Counsel
Section 2210.056. Use of Association Assets
Section 2210.057. Examination of Association
Section 2210.058. Audit of Association
Section 2210.059. Claims Practices Audit
Section 2210.060. Indemnification by Association
Section 2210.061. Contractors and Managerial Employees: Compensation and Bonuses
Section 2210.062. Administration by Contracted Administrator Authorized