Texas Insurance Code - Not Codified - Article 5.13. Scope Of Subchapter
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Art. 5.13. SCOPE OF SUBCHAPTER. (a) This subchapter applies
to every insurance company, corporation, interinsurance exchange,
mutual, reciprocal, association, Lloyd's plan, or other
organization or insurer writing any of the characters of insurance
business herein set forth, hereinafter called "Insurer"; provided
that nothing in this entire subchapter shall be construed to apply
to any county or farm mutual insurance company or association, as
regulated under Chapters 911 and 912 of this code, except that:
(1) Article 5.13-2 of this code shall apply to a county
mutual insurance company with respect to personal automobile and
commercial automobile insurance, residential and commercial
property insurance, and inland marine insurance;
(2) Article 5.20 of this code shall apply to a county mutual
insurance company with respect to each line of insurance that a
county mutual insurance company is authorized to write under
Section 912.151; and
(3) Article 5.20 of this code shall apply to a farm mutual
insurance company with respect to each line of insurance that a farm
mutual insurance company is authorized to write under Section
911.151.
(b) This subchapter applies to the writing of casualty
insurance and the writing of fidelity, surety, and guaranty bonds,
on risks or operations in this State except as herein stated.
(c) Except as otherwise provided by this subchapter, this
subchapter does not apply to the writing of motor vehicle, life,
health, accident, professional liability, reinsurance, aircraft,
fraternal benefit, fire, lightning, tornado, windstorm, hail,
smoke or smudge, cyclone, earthquake, volcanic eruption, rain,
frost and freeze, weather or climatic conditions, excess or
deficiency of moisture, flood, the rising of the waters of the ocean
or its tributaries, bombardment, invasion, insurrection, riot,
civil war or commotion, military or usurped power, any order of a
civil authority made to prevent the spread of a conflagration,
epidemic or catastrophe, vandalism or malicious mischief, strike or
lockout, water or other fluid or substance, resulting from the
breakage or leakage of sprinklers, pumps, or other apparatus
erected for extinguishing fires, water pipes or other conduits or
containers, or resulting from casual water entering through leaks
or opening in buildings or by seepage through building walls,
including insurance against accidental injury of such sprinklers,
pumps, fire apparatus, conduits or container, workers'
compensation, noncommercial inland marine, ocean marine, marine,
or title insurance; nor does this subchapter apply to the writing
of explosion insurance, except insurance against loss from injury
to person or property which results accidentally from steam
boilers, heaters or pressure vessels, electrical devices, engines
and all machinery and appliances used in connection therewith or
operation thereby.
(d) This subchapter shall not be construed as limiting in
any manner the types or classes of insurance which may be written by
the several types of insurers under appropriate statutes or their
charters or permits.
(e) The regulatory power herein conferred is vested in the
commissioner.
Acts 1951, 52nd Leg., ch. 491. Amended by Acts 1955, 54th Leg., p.
359, ch. 76, Sec. 1; Acts 2003, 78th Leg., ch. 206, Sec. 5.01, eff.
June 11, 2003; Acts 2003, 78th Leg., ch. 206, Sec. 6.01, eff. Dec.
1, 2004; Acts 2005, 79th Leg., ch. 631, Sec. 1, eff. Sept. 1, 2005.
Article: 5.07 5.07-1 5.08 5.09 5.10 5.11 5.12-1 5.13 5.13-1 5.13-2 5.13-2C 5.14 5.15-1 5.15-2 5.15-3
Last modified: August 11, 2007
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