Texas Insurance Code 4152.301 – Grounds for License Denial or Disciplinary Action
Terms Used In Texas Insurance Code 4152.301
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- 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
The department may deny an application for a license or discipline a license holder under Subchapter C, Chapter 4005, if the department determines that the applicant or license holder, or a person who would be authorized to act on behalf of the applicant or license holder under Section 4152.057, has:
(1) wilfully violated or participated in the violation of this chapter or another insurance law of this state;
(2) intentionally made a material misstatement in the license application;
(3) obtained or attempted to obtain the license by fraud or misrepresentation;
(4) misappropriated, converted to the person’s own use, or illegally withheld money required to be held in a fiduciary capacity;
(5) materially misrepresented the terms or effect of any contract of insurance or reinsurance, or engaged in any fraudulent transaction; or
(6) been convicted of a felony or of a misdemeanor of which criminal fraud is an essential element.