(a) A person against whom an action under this subchapter is pending who does not receive the notice as required by § 541.154 may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the action is pending.
(b) The court shall abate the action if, after a hearing, the court finds that the person is entitled to an abatement because the claimant did not provide the notice as required by § 541.154.

Terms Used In Texas Insurance Code 541.155

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

(c) An action is automatically abated without a court order beginning on the 11th day after the date a plea in abatement is filed if the plea:
(1) is verified and alleges that the person against whom the action is pending did not receive the notice as required by § 541.154; and
(2) is not controverted by an affidavit filed by the claimant before the 11th day after the date the plea in abatement is filed.
(d) An abatement under this section continues until the 60th day after the date notice is provided in compliance with § 541.154.
(e) This section does not apply if § 541.154(c) applies.

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