Texas Insurance Code - Section 462.011. Immunity In General
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§ 462.011. IMMUNITY IN GENERAL. (a) Liability does not
exist and a cause of action does not arise against any of the
following persons for any good faith act or omission in performing
the person's powers and duties under this chapter:
(1) the commissioner or the commissioner's
representative;
(2) the association or the association's agent or
employee;
(3) a member insurer;
(4) the board;
(5) the receiver; or
(6) a special deputy receiver or the special deputy
receiver's agent or employee.
(b) The attorney general shall defend any action to which
this section applies that is brought against the commissioner or
the commissioner's representative, the association or the
association's agent or employee, a member insurer or the insurer's
agent or employee, a board member, or a special deputy receiver or
the special deputy receiver's agent or employee, including an
action instituted after the defendant's service with the
association, commissioner, or department has terminated. This
subsection does not require the attorney general to defend a person
with respect to an issue other than the applicability or effect of
the immunity created by Subsection (a). The attorney general is not
required to defend the association or the association's agent or
employee, a member insurer or the member insurer's agent or
employee, a board member, or a special deputy receiver or the
special deputy receiver's agent or employee against an action
regarding the disposition of a claim filed with the association
under this chapter or any issue other than the applicability or
effect of the immunity created by Subsection (a). The association
may contract with the attorney general under Chapter 771,
Government Code, for legal services not covered by this subsection.
Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007.
Section: 462.004 462.005 462.006 462.007 462.008 462.009 462.010 462.011 462.012 462.013 462.014 462.015 462.016 462.017 462.051
Last modified: August 10, 2007
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