Sec. 462.201. COVERED CLAIMS IN GENERAL  


Latest version.
  • A claim is a covered claim if:

    (1) the claim is an unpaid claim;

    (2) the claim is made under an insurance policy to which this chapter applies that is:

    (A) issued by an insurer authorized to engage in business in this state; or

    (B) assumed by an insurer authorized to engage in business in this state that issues an assumption certificate to the insured;

    (3) the claim arises out of the policy and is within the coverage and applicable limits of the policy;

    (4) the insurer that issued the policy or assumed the policy under an assumption certificate issued to the insured is an impaired insurer; and

    (5) the claim:

    (A) is made by a liability claimant or insured who is a resident of this state at the time of the insured event; or

    (B) is a first-party claim for damage to property that is permanently located in this state.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 1, eff. April 1, 2007.