(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to directly or indirectly make, publish, disseminate, or circulate or to aid, abet, or encourage the making, publication, dissemination, or circulation of a statement that:
(1) is false, maliciously critical of, or derogatory to the financial condition of an insurer; and
(2) is calculated to injure a person engaged in the business of insurance.
(b) This section applies to any oral or written statement, including a statement in any pamphlet, circular, article, or literature.

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Terms Used In Texas Insurance Code 541.053

  • 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
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005