Sec. 2602.302. PAYMENT OF COVERED CLAIMS  


Latest version.
  • (a) The association shall pay covered claims:

    (1) existing before the determination of impairment; or

    (2) arising on or before:

    (A) the date of cancellation of the impaired title insurance company's policies; or

    (B) the claim deadline for covered claims against an impaired agent.

    (b) The court in which the receivership proceedings are pending shall set, as applicable:

    (1) the date of cancellation of the policies, which may not be later than the fifth anniversary of the date of determination of impairment; or

    (2) the claim deadline, which may not be later than the first anniversary of the date of determination of impairment.

    (c) Subject to the approval of the commissioner, the association shall establish:

    (1) procedures for filing claims with the association; and

    (2) acceptable forms of proof of covered claims.

    (d) The association shall pay claims in the order the association considers reasonable, including payment as claims are received from the claimants or in groups or categories of claims.

    (e) The association may not pay a claimant an amount exceeding the amount of the claimant's covered claim.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.