(a) Except as provided by Subsection (b), this chapter applies to an action on a claim against an insurer or agent, including:
(1) an action alleging a breach of contract;
(2) an action alleging negligence, misrepresentation, fraud, or breach of a common law duty; or
(3) an action brought under:
(A) Subchapter D, Chapter 541;
(B) Subchapter B, Chapter 542; or
(C) Subchapter E, Chapter 17, Business & Commerce Code.
(b) This chapter does not apply to an action against the Texas Windstorm Insurance Association or to an action relating to or arising from a policy ceded to an insurer by the Texas Windstorm Insurance Association under Subchapter O, Chapter 2210. This chapter applies to an action that relates to or arises from a policy renewed under § 2210.703.

Terms Used In Texas Insurance Code 542A.002

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Fraud: Intentional deception resulting in injury to another.