Sec. 2211.055. ASSOCIATION DUTIES WITH RESPECT TO POLICIES. (a) The association may, for FAIR Plan purposes only:
(1) issue insurance policies and endorsements to those policies in the association's own name or a trade name adopted for that purpose; and
(2) act on behalf of all participating insurers in connection with those policies and act in any other manner necessary to accomplish the purposes of this chapter, including:
(A) issuing insurance policies;
(B) collecting premiums;
(C) issuing cancellations; and
(D) paying commissions, losses, judgments, and expenses.
(b) In connection with an insurance policy issued by the association:
(1) service of a notice, proof of loss, legal process, or other communication with regard to the policy must be made on the association; and
(2) an action by the insured constituting a claim under the policy may be brought only against the association, and the association is the proper party for all purposes in an action brought under or in connection with the policy.
(c) The requirements of Subsection (b) must be stated in an insurance policy issued by the association.
(d) The form and content of an insurance policy issued by the association are subject to the commissioner's approval.
(e) The association may assume and cede reinsurance as provided by the plan of operation.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
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