Sec. 443.001. CONSTRUCTION AND PURPOSE. (a) This chapter may be cited as the Insurer Receivership Act.
(b) This chapter may not be interpreted to limit the powers granted the commissioner under other provisions of law.
(c) This chapter shall be liberally construed to support the purpose stated in Subsection (e).
(d) All powers and authority of a receiver under this chapter are cumulative and are in addition to all powers and authority that are available to a receiver under law other than this chapter.
(e) The purpose of this chapter is to protect the interests of insureds, claimants, creditors, and the public generally, through:
(1) early detection of any potentially hazardous condition in an insurer and prompt application of appropriate corrective measures;
(2) improved methods for conserving and rehabilitating insurers;
(3) enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;
(4) apportionment of any unavoidable loss in accordance with the statutory priorities set out in this chapter;
(5) lessening the problems of interstate receivership by:
(A) facilitating cooperation between states in delinquency proceedings; and
(B) extending the scope of personal jurisdiction over debtors of the insurer located outside this state;
(6) regulation of the business of insurance by the impact of the law relating to delinquency procedures and related substantive rules; and
(7) providing for a comprehensive scheme for the receivership of insurers and those subject to this chapter as part of the regulation of the business of insurance in this state because proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.
Added by Acts 2005, 79th Leg., Ch. 995 (H.B. 2157), Sec. 1, eff. September 1, 2005.
Redesignated from Insurance Code - Not Codified, Art/Sec 21A.001 by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.004(a)(1), eff. September 1, 2007.
Redesignated from Insurance Code - Not Codified, Art/Sec 21A.001 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.004(a)(1), eff. September 1, 2007.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle C - Delinquent Insurers
Chapter 443 - Insurer Receivership Act
Subchapter A. General Provisions
Section 443.001. Construction and Purpose
Section 443.002. Conflicts of Law
Section 443.003. Covered Persons
Section 443.005. Jurisdiction and Venue
Section 443.006. Exemption From Fees
Section 443.008. Injunctions and Orders
Section 443.009. Statutes of Limitations
Section 443.010. Cooperation of Officers, Owners, and Employees
Section 443.011. Actions by and Against Receiver
Section 443.012. Unrecorded Obligations and Defenses of Affiliates
Section 443.013. Executory Contracts and Unexpired Leases
Section 443.0135. Contracts for Special Deputies
Section 443.014. Immunity and Indemnification of Receiver and Assistants
Section 443.015. Approval and Payment of Expenses