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.002. Applicability of Chapter
Sec. 542A.002. APPLICABILITY OF CHAPTER. (a) Except as provided by Subsection (b), this chapter applies to an action on a claim against an insurer or agent, including:
(1) an action alleging a breach of contract;
(2) an action alleging negligence, misrepresentation, fraud, or breach of a common law duty; or
(3) an action brought under:
(A) Subchapter D, Chapter 541;
(B) Subchapter B, Chapter 542; or
(C) Subchapter E, Chapter 17, Business & Commerce Code.
(b) This chapter does not apply to an action against the Texas Windstorm Insurance Association or to an action relating to or arising from a policy ceded to an insurer by the Texas Windstorm Insurance Association under Subchapter O, Chapter 2210. This chapter applies to an action that relates to or arises from a policy renewed under Section 2210.703.
Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.
