Texas Insurance Code 541.264 – Defenses
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Terms Used In Texas Insurance Code 541.264
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Damages may not be awarded in a class action under this subchapter if the defendant:
(1) proves that the action complained of resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid an error; and
(2) made restitution of any consideration received from any member of the class.