Texas Insurance Code - Section 101.202. Attorney's Fees
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§ 101.202. ATTORNEY'S FEES. (a) In an action against an
unauthorized insurer or unauthorized person on a contract of
insurance issued or delivered in this state to a resident of this
state or to a corporation authorized to do business in this state,
the court may award to the plaintiff a reasonable attorney's fee if:
(1) the insurer or person failed, for at least 30 days
after a demand made before the commencement of the action, to make
payment under the contract's terms; and
(2) the failure to make the payment was vexatious and
without reasonable cause.
(b) An insurer's or person's failure to defend an action
described by Subsection (a) is prima facie evidence that the
failure to make payment was vexatious and without reasonable cause.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1419, § 28, eff. June 1,
2003; Acts 2001, 77th Leg., ch. 1420, § 11.013, eff. Sept. 1,
2001.
Section: 101.151 101.152 101.153 101.154 101.155 101.156 101.201 101.202 101.203 101.301 101.351 101.352 101.353 101.354 101.355
Last modified: August 11, 2007
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