Texas Statutes (Last Updated: January 4, 2014) |
INSURANCE CODE |
Title 4. REGULATION OF SOLVENCY |
Subtitle C. DELINQUENT INSURERS |
Chapter 441. SUPERVISION AND CONSERVATORSHIP |
Subchapter B. DETERMINATION AND NOTICE |
Sec. 441.052. CIRCUMSTANCES CONSTITUTING INSURER EXCEEDING POWERS
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For the purposes of this chapter, the circumstances in which an insurer is considered to have exceeded the insurer's powers include circumstances in which the insurer:
(1) refuses to permit the commissioner, the commissioner's deputy, or an examiner appointed by the department to examine the insurer's books, papers, accounts, records, or affairs;
(2) is organized in this state and removes from the state books, papers, accounts, or records that are necessary to examine the insurer;
(3) fails to promptly answer inquiries authorized by Section 38.001;
(4) fails to comply with an order of the commissioner to remedy, within the time prescribed by law, a prohibited deficiency in the insurer's capital, capital stock, or surplus;
(5) without obtaining the commissioner's prior written approval:
(A) totally reinsures the insurer's entire outstanding business; or
(B) merges or consolidates substantially all of the insurer's property or business with another insurer;
(6) continues to write business after the insurer's certificate of authority has been revoked or suspended; or
(7) is in a condition that makes the insurer's continuation in business hazardous to the public or to the insurer's policyholders or certificate holders.