Sec. 353.206. BUYER'S FAILURE TO PROVIDE EVIDENCE OF INSURANCE. (a) If a retail buyer fails to present to the holder reasonable evidence that the buyer has obtained or maintained a coverage required by the retail installment contract, the holder may:
(1) obtain substitute insurance coverage that is substantially equal to or more limited than the coverage required; and
(2) add the amount of the premium advanced for the substitute insurance to the unpaid balance of the contract.
(b) Substitute insurance coverage under Subsection (a)(1):
(1) may at the holder's option be limited to coverage only of the interest of the holder or the interest of the holder and the buyer; and
(2) must be written at lawful rates in accordance with the Insurance Code by a company authorized to do business in this state.
(c) If substitute insurance is obtained by the holder under Subsection (a), the amendment adding the premium or rescheduling the contract is not required to be signed by the retail buyer. The holder shall deliver to the buyer or send to the buyer's most recent address shown on the records of the holder specific written notice that the holder has obtained substitute insurance.
Added by Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 17, eff. September 1, 2011.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 353 - Commercial Motor Vehicle Installment Sales
Section 353.201. Property Insurance
Section 353.202. Credit Life and Credit Health and Accident Insurance
Section 353.203. Maximum Amount of Credit Life and Credit Health and Accident Coverage
Section 353.204. Insurance Statement
Section 353.205. Statement if Liability Insurance Not Included in Contract
Section 353.206. Buyer's Failure to Provide Evidence of Insurance
Section 353.208. Holder's Duty if Insurance Is Adjusted or Terminated
Section 353.209. Gain or Advantage From Insurance Not Additional Charge
Section 353.211. Effect of Adding Premium to Contract
Section 353.212. Financing Entity May Not Require Insurance From Particular Source