Texas Insurance Code 544.303 – Prohibition of Certain Underwriting Decisions Based On Previous Mold Claim or Damage
Terms Used In Texas Insurance Code 544.303
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
An insurer may not make an underwriting decision regarding a residential property insurance policy based on previous mold damage or a claim for mold damage if:
(1) the applicant for insurance coverage has property eligible for coverage under a residential property policy;
(2) the property has had mold damage;
(3) mold remediation has been performed on the property; and
(4) the property was:
(A) remediated, as evidenced by a certificate of mold remediation issued to the property owner under § 1958.154, Occupations Code, that establishes with reasonable certainty that the underlying cause of the mold at the property has been remediated; or
(B) inspected by an independent assessor or adjustor who determined, based on the inspection, that the property does not contain evidence of mold damage.