Tex. Ins. Code Section 2211.055
Association Duties with Respect to Policies


(a)

The association may, for FAIR Plan purposes only:

(1)

issue insurance policies and endorsements to those policies in the association’s own name or a trade name adopted for that purpose; and

(2)

act on behalf of all participating insurers in connection with those policies and act in any other manner necessary to accomplish the purposes of this chapter, including:

(A)

issuing insurance policies;

(B)

collecting premiums;

(C)

issuing cancellations; and

(D)

paying commissions, losses, judgments, and expenses.

(b)

In connection with an insurance policy issued by the association:

(1)

service of a notice, proof of loss, legal process, or other communication with regard to the policy must be made on the association; and

(2)

an action by the insured constituting a claim under the policy may be brought only against the association, and the association is the proper party for all purposes in an action brought under or in connection with the policy.

(c)

The requirements of Subsection (b) must be stated in an insurance policy issued by the association.

(d)

The form and content of an insurance policy issued by the association are subject to the commissioner’s approval.

(e)

The association may assume and cede reinsurance as provided by the plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Source: Section 2211.055 — Association Duties with Respect to Policies, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2211.­htm#2211.­055 (accessed May 11, 2024).

2211.001
Definitions
2211.002
Immunity
2211.003
Appeals
2211.051
Establishment of Fair Plan
2211.052
Administration of Fair Plan
2211.053
Amendments to Plan of Operation
2211.054
Contents of Plan of Operation
2211.055
Association Duties with Respect to Policies
2211.056
Filing and Approval of Rates
2211.057
Powers of Commissioner
2211.058
Annual Operating Report
2211.059
Assets of Association
2211.101
Coverage Provided to Insureds in Underserved Area
2211.102
Liability of Insurers to Association
2211.103
Recomputation of Reimbursement Ratios
2211.104
Additional Assessment in Event of Deficit
2211.105
Retention and Use of Profits by Association
2211.151
Mandatory Coverage Provided to Certain Insureds
2211.152
Designation of Area as Underserved
2211.153
Inspection Bureau
2211.154
Property Inspection
2211.155
Inspection Results
2211.156
Certain Coverage Excluded
2211.157
Coverage for Certain Windstorm and Hail Damage
2211.201
Purpose
2211.202
Definitions
2211.203
Applicability of Other Laws
2211.204
Issuance of Public Securities Authorized
2211.205
Limitation on Amount of Public Securities
2211.206
Terms of Issuance
2211.207
Contents of Public Security Resolution
2211.208
Source of Payment
2211.209
Service Fee
2211.210
Exemption from Taxation
2211.211
Authorized Investments
2211.212
State Pledge Regarding Public Security Owner Rights and Remedies
2211.213
Payment Enforceable by Mandamus
2211.251
Sanctions and Administrative Penalties
2211.252
Additional Disciplinary Procedures
2211.0521
Meetings of Governing Body
2211.1515
Mandatory Property Owners’ Association Policies in Certain Areas

Accessed:
May 11, 2024

§ 2211.055’s source at texas​.gov