Texas Insurance Code 101.001 – State Policy and Purpose
(a) It is a state concern that many residents of this state hold insurance policies issued by persons or insurers who are not authorized to do insurance business in this state and who are not qualified as eligible surplus lines insurers under Chapter 981. These residents face often insurmountable obstacles in asserting legal rights under the policies in foreign forums under unfamiliar laws and rules of practice.
(b) It is the policy of this state to protect residents against acts by a person or insurer who is not authorized to do insurance business in this state by:
(1) maintaining fair and honest insurance markets;
(2) protecting the premium tax revenues of this state;
(3) protecting authorized persons and insurers, who are subject to strict regulation, from unfair competition by unauthorized persons and insurers; and
(4) protecting against evasion of the insurance regulatory laws of this state.
Terms Used In Texas Insurance Code 101.001
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The purpose of this chapter is to subject certain insurers and persons to the jurisdiction of:
(1) the commissioner and proceedings before the commissioner; and
(2) the courts of this state in suits by or on behalf of the state or an insured or beneficiary under an insurance contract.
(d) It is also a concern that this state not become a safe harbor for persons or insurers engaged in the unauthorized business of insurance in this state, regardless of whether the insureds or other persons affected by the unauthorized business of insurance are residents of this state.