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Texas Insurance Code - Not Codified - Section 21A.009. Statutes Of Limitations

Legal Research Home > Texas Lawyer > Insurance Code - Not Codified > Texas Insurance Code - Not Codified - Section 21A.009. Statutes Of Limitations

Sec. 21A.009. STATUTES OF LIMITATIONS.  (a) If applicable
law, an order, or an agreement fixes a period within which the
insurer may commence an action, and this period has not expired
before the date of the filing of the initial petition in a
delinquency proceeding, the receiver may commence an action only
before the later of:
	(1)  the end of the period, including any suspension of the
period occurring on or after the filing of the initial petition in a
delinquency proceeding;  or
	(2)  four years after the later of the date of entry of an
order for either rehabilitation or liquidation.
	(b)  Except as provided by Subsection (a), if applicable law,
an order, or an agreement fixes a period within which the insurer
may file any pleading, demand, notice, or proof of claim or loss,
cure a default in a case or proceeding, or perform any other similar
act, and the period has not expired before the date of the filing of
the petition initiating formal delinquency proceedings, the
receiver may file, cure, or perform, as the case may be, only before
the later of:
	(1)  the end of the period, including any suspension of the
period occurring on or after the filing of the initial petition in
the delinquency proceeding;  or
	(2)  60 days after the later of the date of entry of an order
for either rehabilitation or liquidation.
	(c)  If applicable law, an order, or an agreement fixes a
period for commencing or continuing a civil action in a court other
than the receivership court on a claim against the insurer, and the
period has not expired before the date of the initial filing of the
petition in a delinquency proceeding, then the period does not
expire until the later of:
	(1)  the end of the period, including any suspension of the
period occurring on or after the filing of the initial petition in
the delinquency proceeding;  or
	(2)  30 days after termination or expiration of the stay
under Section 21A.008 with respect to the claim.
	(d)  If the otherwise applicable limitations period has not
expired prior to the initial filing of the petition commencing a
delinquency proceeding, any other action or proceeding filed by a
receiver may be commenced at any time within four years after the
date upon which the cause of action accrues or four years after the
date on which the receiver is appointed, whichever is later.

Added by Acts 2005, 79th Leg., ch. 995, Sec. 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007