CHAPTER 461. GENERAL PROVISIONS
INSURANCE CODE
TITLE 4. REGULATION OF SOLVENCY
SUBTITLE D. GUARANTY ASSOCIATIONS
CHAPTER 461. GENERAL PROVISIONS
Sec. 461.001. APPLICABILITY OF CHAPTER. (a) Except as provided
by Subsection (b), this chapter applies to an insurance policy,
contract, certificate, evidence of coverage, or application
delivered or issued for delivery in this state that is not
covered by an insurance guaranty fund or other solvency
protection arrangement authorized by this code.
(b) This chapter does not apply to:
(1) a fidelity, surety, or guaranty bond; or
(2) marine insurance as defined by Section 1807.001.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 1, eff. April 1, 2007.
Sec. 461.002. DISCLOSURE OF GUARANTY FUND NONPARTICIPATION. (a)
Each insurance policy, contract, certificate, evidence of
coverage, or application subject to this chapter must include a
statement that, if the insurer is unable to fulfill the insurer's
contractual obligation under the policy, contract, certificate,
or evidence of coverage, the insurer is not covered by an
insurance guaranty fund or other solvency protection arrangement.
(b) The statement must be in 10-point type and affixed to the
first page of the insurance policy, contract, certificate,
evidence of coverage, or application.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 1, eff. April 1, 2007.
Sec. 461.003. FORM OF STATEMENT; PROHIBITION. (a) The
commissioner by rule shall promulgate the statement that an
insurer must use to comply with this chapter.
(b) An insurer may not include in an insurance policy, contract,
certificate, evidence of coverage, or application a statement
that does not conform to the appropriate statement prescribed by
the commissioner.
Added by Acts 2005, 79th Leg., Ch.
727, Sec. 1, eff. April 1, 2007.