2021 Texas Statutes
Insurance Code
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage
Section 542A.001. Definitions
Sec. 542A.001. DEFINITIONS. In this chapter:
(1) "Agent" means an employee, agent, representative, or adjuster who performs any act on behalf of an insurer.
(2) "Claim" means a first-party claim that:
(A) is made by an insured under an insurance policy providing coverage for real property or improvements to real property;
(B) must be paid by the insurer directly to the insured; and
(C) arises from damage to or loss of covered property caused, wholly or partly, by forces of nature, including an earthquake or earth tremor, a wildfire, a flood, a tornado, lightning, a hurricane, hail, wind, a snowstorm, or a rainstorm.
(3) "Claimant" means a person making a claim.
(4) "Insurer" means a corporation, association, partnership, or individual, other than the Texas Windstorm Insurance Association, engaged as a principal in the business of insurance and authorized or eligible to write property insurance in this state, including:
(A) an insurance company;
(B) a reciprocal or interinsurance exchange;
(C) a mutual insurance company;
(D) a capital stock insurance company;
(E) a county mutual insurance company;
(F) a farm mutual insurance company;
(G) a Lloyd's plan;
(H) an eligible surplus lines insurer; or
(I) the FAIR Plan Association, unless a claim-related dispute resolution procedure is available to policyholders under Chapter 2211.
(5) "Person" means a corporation, association, partnership, or other legal entity or individual.
Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.
