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Texas Statutes (Last Updated: January 4, 2014) |
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INSURANCE CODE |
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Title 5. PROTECTION OF CONSUMER INTERESTS |
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Subtitle F. INSURANCE FRAUD AND IDENTITY THEFT |
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Chapter 703. COVERED ENTITY'S ANTIFRAUD ACTION |
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Subchapter B. ANTIFRAUD ACTION; CERTIFICATION |
Sec. 703.051. ANTIFRAUD ACTION AUTHORIZED
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(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.
(c) An action may be brought under this section regardless of whether the covered entity is directly affected by the person's acts.