Sec. 443.203. UNAUTHORIZED POST-PETITION TRANSFERS. (a) Except as provided by this section, the receiver may avoid any transfer of an interest of the insurer in property or any obligation incurred by the insurer that:
(1) was made or occurred after the petition for receivership was filed; and
(2) is not authorized by the receiver and approved by the receivership court or otherwise authorized in accordance with this chapter.
(b) Except to the extent that a transfer or obligation avoidable under Subsection (a) is otherwise voidable under this chapter, a transferee or obligee of a transfer or obligation avoided under Subsection (a) that takes for value and in good faith, at the option of the receivership court, has a lien or may retain any interest transferred or enforce any obligation incurred, as applicable, to the extent that the transferee or obligee gave value to the insurer in exchange for the transfer or obligation.
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.203 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.203 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
Section 443.201. Turnover of Assets
Section 443.202. Recovery From Affiliates
Section 443.203. Unauthorized Post-Petition Transfers
Section 443.204. Voidable Preferences and Liens
Section 443.205. Fraudulent Transfers and Obligations
Section 443.206. Receiver as Lien Creditor
Section 443.207. Liability of Transferee
Section 443.208. Claims of Holders of Void or Voidable Rights
Section 443.211. Reinsurer's Liability
Section 443.212. Recovery of Premiums Owed
Section 443.213. Administration of Deductible Agreements and Policyholder Collateral