Texas Insurance Code 703.051 – Antifraud Action Authorized
(a) A covered entity acting alone or through a person, corporation, or legal entity affiliated with the covered entity may bring an action in a court, including a counter-action or cross-action, to:
(1) prevent a person from fraudulently engaging in the business of insurance or the business of a health maintenance organization in this state; or
(2) redress the effects of a person who has fraudulently engaged in the business of insurance or the business of a health maintenance organization in this state.
(b) An action may be brought under this section if:
(1) the acts of the person may adversely affect or have adversely affected at least 10 residents of this state; and
(2) the department has not brought an antifraud action in a court against the person.
Terms Used In Texas Insurance Code 703.051
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- 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
(c) An action may be brought under this section regardless of whether the covered entity is directly affected by the person’s acts.