Texas Insurance Code 1251.105 – Statement Made by Policyholder or Insured
Current as of: 2024 | Check for updates
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Terms Used In Texas Insurance Code 1251.105
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
A group accident and health insurance policy must provide that:
(1) in the absence of fraud, a statement made by the policyholder or an insured is considered a representation and not a warranty; and
(2) a statement made by the policyholder or an insured may not be used in any contest under the policy, unless a copy of the written instrument containing the statement is or has been provided to:
(A) the person making the statement; or
(B) if the statement was made by the insured and the insured has died or become incapacitated, the insured’s beneficiary or personal representative.