Sec. 2602.110. EXPENSES OF ADMINISTERING IMPAIRED INSURER OR IMPAIRED AGENT. (a) The association may spend or advance money necessary to pay the expenses of administering the supervision, rehabilitation, receivership, conservatorship, or, as determined by a court of competent jurisdiction, other insolvency of an impaired title insurance company or impaired agent, on terms the association negotiates, if the company's or agent's assets are insufficient to pay those expenses.
(b) The association may file a claim in a receivership proceeding against an impaired title insurance company or impaired agent to recover the association's reasonable costs incurred in exercising the association's powers or performing the association's duties under this chapter with respect to the impaired title insurance company or impaired agent. Payment of a claim asserted by the association under this section in a receivership proceeding in this state is governed by Section 443.301. Payment of a claim asserted by the association under this section in a receivership proceeding in another state is governed by the law governing priority of payment of distributions on unsecured claims by an insurance guaranty association in that state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1025 (H.B. 4338), Sec. 6, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 775 (H.B. 1614), Sec. 11, eff. September 1, 2019.
Structure Texas Statutes
Subtitle C - Financial Solvency
Chapter 2602 - Texas Title Insurance Guaranty Association
Subchapter C. General Powers and Duties of Association
Section 2602.101. General Powers and Duties
Section 2602.102. Plan of Operation
Section 2602.103. Employees and Experts
Section 2602.104. Association Records
Section 2602.105. Meeting by Conference Call
Section 2602.107. Administrative Expenses
Section 2602.108. Deposit of Fees and Assessments
Section 2602.109. Use of Excess Money in Accounts
Section 2602.110. Expenses of Administering Impaired Insurer or Impaired Agent
Section 2602.111. Delegation of Powers and Duties
Section 2602.112. Exemption From Taxation
Section 2602.113. Detection and Prevention of Impairment
Section 2602.114. Meeting of Board on Impaired Title Insurance Company or Agent
Section 2602.115. Association and Board Advice and Assistance