Sec. 651.166. TAKING, RECEIVING, OR CHARGING UNAUTHORIZED AMOUNT. (a) Taking or receiving from an insured or the charging of an insured by an insurance premium finance company of a charge greater than authorized by this chapter does not invalidate:
(1) the premium finance agreement; or
(2) the principal balance payable under the agreement.
(b) An action described by Subsection (a) may be adjudged a forfeiture of all charges that:
(1) are authorized under the premium finance agreement; or
(2) the insured has agreed to pay.
(c) A person who pays an unauthorized charge or the person's legal representative may bring an action against the insurance premium finance company to recover twice the total amount of the charge paid. The action must be brought within two years after the date the unauthorized charge is paid.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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