Texas Insurance Code 542A.005 – Abatement
(a) In addition to taking any other act allowed by contract or by any other law, a person against whom an action to which this chapter applies is pending 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 if the person:
(1) did not receive a presuit notice complying with Section 542A.003; or
(2) requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim.
(b) The court shall abate the action if the court finds that the person filing the plea in abatement:
(1) did not, for any reason, receive a presuit notice complying with Section 542A.003; or
(2) requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim.
Terms Used In Texas Insurance Code 542A.005
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Property: means real and personal property. See Texas Government Code 311.005
(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:
(A) did not receive a presuit notice complying with Section 542A.003; or
(B) requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim; 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 affidavit described by Subsection (c)(2) controverting whether the person against whom the action is pending received a presuit notice complying with Section 542A.003 must:
(1) include as an attachment a copy of the document the claimant sent to give notice of the claimant’s action; and
(2) state the date on which the notice was given.
(e) An abatement under this section continues until the later of:
(1) the 60th day after the date a notice complying with Section 542A.003 is given; or
(2) the 15th day after the date of the requested inspection, photographing, or evaluating of the property is completed.
(f) If an action is abated under this section, a court may not compel participation in an alternative dispute resolution proceeding until after the abatement period provided by Subsection (e) has expired.