Court Opinions

State Laws

US Code

US Constitution

Texas Insurance Code - Section 463.005. Immunity

Legal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Section 463.005. Immunity

§ 463.005. IMMUNITY.  (a) The following persons are not 
liable, and a cause of action does not arise against any of the 
following persons, for a good faith act or omission in exercising 
powers and performing 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 or the insurer's agent or 
employee;                   
		(4)  a board member;                                                          
		(5)  the receiver;  and                                                       
		(6)  a special deputy receiver or the special deputy 
receiver's agent or employee.
	(b)  Immunity under Subsection (a) extends to participation 
in an organization of one or more state associations that have 
similar purposes and to a similar organization and the 
organization's agent or employee.
	(c)  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 brought 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 this section.  The attorney general is not required to 
defend 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 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 this 
section.  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.           

Last modified: August 10, 2007