Texas Insurance Code 2210.551 – Appeals
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(a) This section:
(1) does not apply to:
(A) a person who is required to resolve a dispute under Subchapter L-1; or
(B) a person insured under this chapter who has elected to purchase a binding arbitration endorsement offered by the association under § 2210.554; and
(2) applies only to:
(A) a person not described by Subdivision (1) who is insured under this chapter or an authorized representative of the person; or
(B) an affected insurer.
(b) A person or entity described by Subsection (a)(2) who is aggrieved by an act, ruling, or decision of the association may appeal to the commissioner not later than the 30th day after the date of that act, ruling, or decision.
Terms Used In Texas Insurance Code 2210.551
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the association is aggrieved by the action of the commissioner with respect to a ruling, order, or determination of the commissioner, the association may, not later than the 30th day after the date of the action, make a written request to the commissioner for a hearing on the action.
(d) On 10 days’ written notice of the time and place of the hearing, the commissioner shall conduct a hearing on the association’s request or the appeal from an act, ruling, or decision of the association, not later than the 30th day after the date of receipt of the request or appeal.
(e) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 2, Sec. 57, eff. September 28, 2011.
(f) Not later than the 30th day after the date of the hearing, the commissioner shall affirm, reverse, or modify the commissioner’s previous action or the act, ruling, or decision appealed to the commissioner. Pending the hearing and decision, the commissioner may suspend or postpone the effective date of the previous action or of the act, ruling, or decision appealed to the commissioner.
(g) The association, or the person or entity aggrieved by the order or decision of the commissioner, may appeal to a district court in the county in which the covered property is located or a district court in Travis County.
(h) An action brought under this section is subject to the procedures established under Subchapter D, Chapter 36.