Texas Statutes
Title 4 - Regulation of Solvency
Subtitle C - Delinquent Insurers

Section 441.008. Inapplicability of Certain Administrative Procedure Provisions - Sec. 441.008. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROCEDURE PROVISIONS. Section 2001.062,...

Subchapter B. Determination and Notice

Section 441.051. Circumstances Constituting Insolvency or Delinquency - Sec. 441.051. CIRCUMSTANCES CONSTITUTING INSOLVENCY OR DELINQUENCY. For the purposes...

Section 441.052. Circumstances Constituting Insurer Exceeding Powers - Sec. 441.052. CIRCUMSTANCES CONSTITUTING INSURER EXCEEDING POWERS. For the purposes...

Section 441.053. Notice to Insurer - Sec. 441.053. NOTICE TO INSURER. (a) If at any time...

Subchapter C. Supervision

Section 441.101. Appointment of Supervisor - Sec. 441.101. APPOINTMENT OF SUPERVISOR. The commissioner may appoint a...

Section 441.102. Time for Compliance With Requirements of Supervision - Sec. 441.102. TIME FOR COMPLIANCE WITH REQUIREMENTS OF SUPERVISION. An...

Section 441.103. Payment of Claims - Sec. 441.103. PAYMENT OF CLAIMS. An insurer under supervision shall...

Section 441.104. Prohibited Acts During Supervision - Sec. 441.104. PROHIBITED ACTS DURING SUPERVISION. During supervision, the commissioner...

Section 441.105. Hearing on Supervision; Termination by Conservation or Release - Sec. 441.105. HEARING ON SUPERVISION; TERMINATION BY CONSERVATION OR RELEASE....

Subchapter D. Conservatorship

Section 441.151. Appointment of Conservator - Sec. 441.151. APPOINTMENT OF CONSERVATOR. (a) The commissioner may appoint...

Section 441.152. Notice of Conservatorship - Sec. 441.152. NOTICE OF CONSERVATORSHIP. (a) Not later than the...

Section 441.153. Powers and Duties of Conservator - Sec. 441.153. POWERS AND DUTIES OF CONSERVATOR. (a) The conservator...

Section 441.154. Payment of Claims - Sec. 441.154. PAYMENT OF CLAIMS. An insurer under conservatorship shall...

Section 441.155. Reinsurance During Conservatorship - Sec. 441.155. REINSURANCE DURING CONSERVATORSHIP. (a) If during a conservatorship...

Section 441.156. Hearings During Conservatorship - Sec. 441.156. HEARINGS DURING CONSERVATORSHIP. (a) On the commissioner's own...

Section 441.157. Immunity - Sec. 441.157. IMMUNITY. A conservator and the conservator's agents and...

Section 441.158. Venue - Sec. 441.158. VENUE. (a) A suit against an insurer in...

Section 441.159. Duration of Conservatorship - Sec. 441.159. DURATION OF CONSERVATORSHIP. (a) Except as provided by...

Section 441.160. Return to Management - Sec. 441.160. RETURN TO MANAGEMENT. An insurer that is rehabilitated...

Subchapter E. Provisions Applying to Supervision and Conservatorship

Section 441.201. Confidentiality - Sec. 441.201. CONFIDENTIALITY. (a) Hearings and orders, notices, correspondence, reports,...

Section 441.202. Costs of Supervision and Conservatorship - Sec. 441.202. COSTS OF SUPERVISION AND CONSERVATORSHIP. The commissioner shall...

Section 441.203. Collection of Fees From Rehabilitated Insurer - Sec. 441.203. COLLECTION OF FEES FROM REHABILITATED INSURER. (a) The...

Section 441.204. Review and Stay of Certain Acts of Supervisor or Conservator - Sec. 441.204. REVIEW AND STAY OF CERTAIN ACTS OF SUPERVISOR...

Section 441.205. Appeal of Certain Orders - Sec. 441.205. APPEAL OF CERTAIN ORDERS. The following orders of...

Section 441.206. Ex Parte Meeting With Commissioner - Sec. 441.206. EX PARTE MEETING WITH COMMISSIONER. Notwithstanding any other...

Section 441.207. Insurer Employees During Supervision or Conservatorship - Sec. 441.207. INSURER EMPLOYEES DURING SUPERVISION OR CONSERVATORSHIP. (a) Notwithstanding...

Subchapter F. Out-of-State Insurers

Section 441.251. Applicability - Sec. 441.251. APPLICABILITY. This chapter applies to an insurer engaged...

Section 441.252. Appointment of Ancillary Supervisor or Conservator - Sec. 441.252. APPOINTMENT OF ANCILLARY SUPERVISOR OR CONSERVATOR. (a) The...

Section 441.253. Powers and Duties of Ancillary Supervisor or Conservator - Sec. 441.253. POWERS AND DUTIES OF ANCILLARY SUPERVISOR OR CONSERVATOR....

Section 441.254. Failure to Comply With Requirements of Supervision - Sec. 441.254. FAILURE TO COMPLY WITH REQUIREMENTS OF SUPERVISION. The...

Section 441.255. Referral for Remedial Action - Sec. 441.255. REFERRAL FOR REMEDIAL ACTION. The commissioner may refer...

Subchapter G. Powers and Duties of Attorney General

Section 441.301. Remedial Action by Attorney General - Sec. 441.301. REMEDIAL ACTION BY ATTORNEY GENERAL. (a) The commissioner...

Section 441.302. Forfeiture and Cancellation of Charter on Conclusion of Business - Sec. 441.302. FORFEITURE AND CANCELLATION OF CHARTER ON CONCLUSION OF...

Subchapter H. Agents of Record for Certain Insureds

Section 441.351. Agents of Record - Sec. 441.351. AGENTS OF RECORD. (a) Unless otherwise prohibited, the...

Chapter 443 - Insurer Receivership Act

Subchapter A. General Provisions

Section 443.001. Construction and Purpose - Sec. 443.001. CONSTRUCTION AND PURPOSE. (a) This chapter may be...

Section 443.002. Conflicts of Law - Sec. 443.002. CONFLICTS OF LAW. This chapter and the state...

Section 443.003. Covered Persons - Sec. 443.003. COVERED PERSONS. The provisions of this chapter apply...

Section 443.004. Definitions - Sec. 443.004. DEFINITIONS. (a) For the purposes of this chapter:...

Section 443.005. Jurisdiction and Venue - Sec. 443.005. JURISDICTION AND VENUE. (a) Except as authorized by...

Section 443.006. Exemption From Fees - Sec. 443.006. EXEMPTION FROM FEES. The receiver may not be...

Section 443.007. Notice, Hearing, and Appeal on Matters Submitted by Receiver for Receivership Court Approval - Sec. 443.007. NOTICE, HEARING, AND APPEAL ON MATTERS SUBMITTED BY...

Section 443.008. Injunctions and Orders - Sec. 443.008. INJUNCTIONS AND ORDERS. (a) The receivership court may...

Section 443.009. Statutes of Limitations - Sec. 443.009. STATUTES OF LIMITATIONS. (a) If applicable law, an...

Section 443.010. Cooperation of Officers, Owners, and Employees - Sec. 443.010. COOPERATION OF OFFICERS, OWNERS, AND EMPLOYEES. (a) Any...

Section 443.011. Actions by and Against Receiver - Sec. 443.011. ACTIONS BY AND AGAINST RECEIVER. (a) An allegation...

Section 443.012. Unrecorded Obligations and Defenses of Affiliates - Sec. 443.012. UNRECORDED OBLIGATIONS AND DEFENSES OF AFFILIATES. (a) In...

Section 443.013. Executory Contracts and Unexpired Leases - Sec. 443.013. EXECUTORY CONTRACTS AND UNEXPIRED LEASES. (a) The receiver...

Section 443.0135. Contracts for Special Deputies - Sec. 443.0135. CONTRACTS FOR SPECIAL DEPUTIES. (a) Except as provided...

Section 443.014. Immunity and Indemnification of Receiver and Assistants - Sec. 443.014. IMMUNITY AND INDEMNIFICATION OF RECEIVER AND ASSISTANTS. (a)...

Section 443.015. Approval and Payment of Expenses - Sec. 443.015. APPROVAL AND PAYMENT OF EXPENSES. (a) The receiver...

Section 443.016. Financial Reporting - Sec. 443.016. FINANCIAL REPORTING. (a) Not later than the 120th...

Section 443.017. Records - Sec. 443.017. RECORDS. (a) Upon entry of an order of...

Subchapter B. Proceedings

Section 443.051. Receivership Court's Seizure Order - Sec. 443.051. RECEIVERSHIP COURT'S SEIZURE ORDER. (a) The commissioner may...

Section 443.052. Commencement of Formal Delinquency Proceeding - Sec. 443.052. COMMENCEMENT OF FORMAL DELINQUENCY PROCEEDING. (a) Except as...

Section 443.053. Return of Summons and Summary Hearing - Sec. 443.053. RETURN OF SUMMONS AND SUMMARY HEARING. (a) The...

Section 443.054. Proceedings for Expedited Trial: Continuances, Discovery, Evidence - Sec. 443.054. PROCEEDINGS FOR EXPEDITED TRIAL: CONTINUANCES, DISCOVERY, EVIDENCE. (a)...

Section 443.055. Decision and Appeals - Sec. 443.055. DECISION AND APPEALS. (a) The receivership court shall...

Section 443.056. Confidentiality - Sec. 443.056. CONFIDENTIALITY. (a) The commissioner, rehabilitator, or liquidator may...

Section 443.057. Grounds for Conservation, Rehabilitation, or Liquidation - Sec. 443.057. GROUNDS FOR CONSERVATION, REHABILITATION, OR LIQUIDATION. A petition...

Section 443.058. Entry of Order - Sec. 443.058. ENTRY OF ORDER. If any of the grounds...

Section 443.059. Effect of Petition or Order on Contract or Lease - Sec. 443.059. EFFECT OF PETITION OR ORDER ON CONTRACT OR...

Subchapter C. Rehabilitation

Section 443.101. Rehabilitation Orders - Sec. 443.101. REHABILITATION ORDERS. (a) An order to rehabilitate the...

Section 443.102. Powers and Duties of Rehabilitator - Sec. 443.102. POWERS AND DUTIES OF REHABILITATOR. (a) The rehabilitator...

Section 443.103. Rehabilitation Plans - Sec. 443.103. REHABILITATION PLANS. (a) The rehabilitator shall prepare and...

Section 443.104. Termination of Rehabilitation - Sec. 443.104. TERMINATION OF REHABILITATION. (a) When the rehabilitator believes...

Section 443.105. Coordination With Guaranty Associations - Sec. 443.105. COORDINATION WITH GUARANTY ASSOCIATIONS. (a) The receiver shall...

Subchapter D. Liquidation

Section 443.151. Liquidation Orders - Sec. 443.151. LIQUIDATION ORDERS. (a) An order to liquidate the...

Section 443.152. Continuance of Coverage - Sec. 443.152. CONTINUANCE OF COVERAGE. (a) Notwithstanding any policy or...

Section 443.153. Sale or Dissolution of Insurer's Corporate Entity - Sec. 443.153. SALE OR DISSOLUTION OF INSURER'S CORPORATE ENTITY. (a)...

Section 443.154. Powers of Liquidator - Sec. 443.154. POWERS OF LIQUIDATOR. (a) The liquidator may appoint...

Section 443.155. Notice to Creditors and Others - Sec. 443.155. NOTICE TO CREDITORS AND OTHERS. (a) Unless the...

Section 443.156. Duties of Agents - Sec. 443.156. DUTIES OF AGENTS. (a) Every person who represented...

Subchapter E. Asset Recovery

Section 443.201. Turnover of Assets - Sec. 443.201. TURNOVER OF ASSETS. (a) If the receiver determines...

Section 443.202. Recovery From Affiliates - Sec. 443.202. RECOVERY FROM AFFILIATES. (a) The receiver has a...

Section 443.203. Unauthorized Post-Petition Transfers - Sec. 443.203. UNAUTHORIZED POST-PETITION TRANSFERS. (a) Except as provided by...

Section 443.204. Voidable Preferences and Liens - Sec. 443.204. VOIDABLE PREFERENCES AND LIENS. (a) A "preference" is...

Section 443.205. Fraudulent Transfers and Obligations - Sec. 443.205. FRAUDULENT TRANSFERS AND OBLIGATIONS. (a) The receiver may...

Section 443.206. Receiver as Lien Creditor - Sec. 443.206. RECEIVER AS LIEN CREDITOR. (a) The receiver may...

Section 443.207. Liability of Transferee - Sec. 443.207. LIABILITY OF TRANSFEREE. (a) Except as otherwise provided...

Section 443.208. Claims of Holders of Void or Voidable Rights - Sec. 443.208. CLAIMS OF HOLDERS OF VOID OR VOIDABLE RIGHTS....

Section 443.209. Setoffs - Sec. 443.209. SETOFFS. (a) All mutual debts or mutual credits,...

Section 443.210. Assessments - Sec. 443.210. ASSESSMENTS. (a) As soon as practicable, but not...

Section 443.211. Reinsurer's Liability - Sec. 443.211. REINSURER'S LIABILITY. (a) If the receiver has claims...

Section 443.212. Recovery of Premiums Owed - Sec. 443.212. RECOVERY OF PREMIUMS OWED. (a) An insured shall...

Section 443.213. Administration of Deductible Agreements and Policyholder Collateral - Sec. 443.213. ADMINISTRATION OF DEDUCTIBLE AGREEMENTS AND POLICYHOLDER COLLATERAL. (a)...

Subchapter F. Claims

Section 443.251. Filing of Claims - Sec. 443.251. FILING OF CLAIMS. (a) Except as provided by...

Section 443.252. Proof of Claim - Sec. 443.252. PROOF OF CLAIM. (a) Proof of claim consists...

Section 443.253. Allowance of Claims - Sec. 443.253. ALLOWANCE OF CLAIMS. (a) Except as provided in...

Section 443.254. Claims Under Occurrence Policies, Surety Bonds, and Surety Undertakings - Sec. 443.254. CLAIMS UNDER OCCURRENCE POLICIES, SURETY BONDS, AND SURETY...

Section 443.255. Allowance of Contingent and Unliquidated Claims - Sec. 443.255. ALLOWANCE OF CONTINGENT AND UNLIQUIDATED CLAIMS. (a) A...

Section 443.256. Special Provisions for Third-Party Claims - Sec. 443.256. SPECIAL PROVISIONS FOR THIRD-PARTY CLAIMS. (a) When any...

Section 443.257. Disputed Claims - Sec. 443.257. DISPUTED CLAIMS. (a) When objections to the liquidator's...

Section 443.258. Liquidator's Recommendations to Receivership Court - Sec. 443.258. LIQUIDATOR'S RECOMMENDATIONS TO RECEIVERSHIP COURT. The liquidator shall...

Section 443.259. Claims of Codebtors - Sec. 443.259. CLAIMS OF CODEBTORS. If a creditor does not...

Section 443.260. Secured Creditors' Claims - Sec. 443.260. SECURED CREDITORS' CLAIMS. (a) The value of any...

Section 443.261. Qualified Financial Contracts - Sec. 443.261. QUALIFIED FINANCIAL CONTRACTS. (a) Notwithstanding any other provision...

Subchapter G. Distributions

Section 443.301. Priority of Distribution - Sec. 443.301. PRIORITY OF DISTRIBUTION. The priority of payment of...

Section 443.302. Partial and Final Distributions of Assets - Sec. 443.302. PARTIAL AND FINAL DISTRIBUTIONS OF ASSETS. (a) With...

Section 443.303. Early Access Payments - Sec. 443.303. EARLY ACCESS PAYMENTS. (a) For purposes of this...

Section 443.304. Unclaimed and Withheld Funds - Sec. 443.304. UNCLAIMED AND WITHHELD FUNDS. (a) If any funds...

Subchapter H. Discharge

Section 443.351. Condition on Release From Delinquency Proceedings - Sec. 443.351. CONDITION ON RELEASE FROM DELINQUENCY PROCEEDINGS. Until all...

Section 443.352. Termination of Liquidation Proceedings - Sec. 443.352. TERMINATION OF LIQUIDATION PROCEEDINGS. When all property justifying...

Section 443.353. Reopening Receivership - Sec. 443.353. REOPENING RECEIVERSHIP. After the liquidation proceeding has been...

Section 443.354. Disposition of Records During and After Termination of Receivership - Sec. 443.354. DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF...

Section 443.355. External Audit of the Receiver's Books - Sec. 443.355. EXTERNAL AUDIT OF THE RECEIVER'S BOOKS. (a) The...

Subchapter I. Interstate Relations

Section 443.401. Ancillary Conservation of Foreign Insurers - Sec. 443.401. ANCILLARY CONSERVATION OF FOREIGN INSURERS. (a) The commissioner...

Section 443.402. Domiciliary Receivers Appointed in Other States - Sec. 443.402. DOMICILIARY RECEIVERS APPOINTED IN OTHER STATES. (a) A...

Chapter 444 - Agency Contracts With Certain Insurers

Section 444.001. Required Contract Provision - Sec. 444.001. REQUIRED CONTRACT PROVISION. An agency contract entered into...

Section 444.002. Disposition of Premiums - Sec. 444.002. DISPOSITION OF PREMIUMS. (a) On or after the...

Section 444.003. Effect of Chapter on Action by Receiver Against Agent - Sec. 444.003. EFFECT OF CHAPTER ON ACTION BY RECEIVER AGAINST...

Section 444.004. Agent Not Receiver's Agent - Sec. 444.004. AGENT NOT RECEIVER'S AGENT. This chapter does not...

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Texas Statutes Title 4 - Regulation of Solvency Subtitle C - Delinquent Insurers

Texas Statutes
Title 4 - Regulation of Solvency
Subtitle C - Delinquent Insurers