Sec. 1952.101. UNINSURED OR UNDERINSURED MOTORIST COVERAGE REQUIRED. (a) In this section, "uninsured or underinsured motorist coverage" means the provisions of an automobile liability insurance policy that provide for coverage in at least the limits prescribed by Chapter 601, Transportation Code, that protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury, sickness, disease, or death, or property damage resulting from the ownership, maintenance, or use of any motor vehicle.
(b) An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy, including a policy provided through the Texas Automobile Insurance Plan Association under Chapter 2151, that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy.
(c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. Unless the named insured requests in writing the coverage required by this subchapter, the insurer is not required to provide that coverage in or supplemental to a reinstated insurance policy or renewal insurance policy if the named insured rejected the coverage in connection with that insurance policy or an insurance policy previously issued to the insured by the same insurer or by an affiliated insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.037(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.037(a), eff. September 1, 2007.
Notes of Decisions
United States Fid. & Guar. Co. v. Goudeau, 272 S.W.3d 603 (Tex. 2008).
· cites it 2× “001(b) ("[T]he insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary.”
In re State Farm Mut. Auto. Ins. Co., 553 S.W.3d 557 (Tex. App. 2018).
· cites it 2× “DISCUSSION The Texas Insurance Code provides as follows: In this section, "uninsured or underinsured motorist coverage" means the provisions of an automobile liability insurance policy that provide for coverage in at least the limits prescribed by Chapter 601, Transportation…”
Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008).
· cites it 4× “072. Because Section 1952.104(3) and Chapter 601 address the same subject matter motor vehicle insurance the definition of motor vehicle in section 601.”
Verhoev v. Progressive Cnty. Mut. Ins. Co., 300 S.W.3d 803 (Tex. App. 2009).
· cites it 4× “Laws 1752 , 2186-87 (effective April 1, 2007) (current version at Tex. Ins.Code Ann. § 1952.101 (Vernon 2007)) (the UM/UIM statute).”
Donald R. Cain v. Progressive Cnty. Mut. Ins. Co., 448 S.W.3d 550 (Tex. App. 2014).
· cites it 6× “101, 2 the Texas Legislature mandates UIM Coverage in Texas automobile liability insurance policies, unless any insured named in the insurance policy rejects the coverage in writing. See Tex. Ins.”
Garces-Rodriguez v. Geico Indem. Co., 209 So. 3d 389 (La. Ct. App. 2016).
“Tex. Ins. Code § 1952.101 requires a rejection of UM coverage to be in writing, but it does not require a special procedure or specific language in order to be effective.”
Farmers Ins. Exch. v. Rodriguez, 366 S.W.3d 216 (Tex. App. 2012).
“See Tex. Ins.Code § 1952.101(a). The purpose of UIM coverage is to protect conscientious drivers from financial loss caused by irresponsible parties, and courts liberally construe the UIM statutes.”
Charida v. Allstate Indem. Co., 259 S.W.3d 870 (Tex. App. 2008).
“Laws 1752 , 2186-87 (effective April 1, 2007) (current version at Tex Ins.Code Ann. § 1952.101 (Vernon 2007)) (the "UM/UIM statute”).”
Laine v. Farmers Ins. Exch., 325 S.W.3d 661 (Tex. App. 2010).
· cites it 2× “6701h, § lA(a)) (current version codified at Tex. Ins.Code Ann. § 1952.101 (Vernon 2009)), and Act of Oct.”
Progressive Cnty. Mut. Ins. Co. v. Artemiz Freeman (Tex. App. 2024).
· cites it 3× “1999); see Tex. Ins. Code Ann. § 1952.101 . The “strong underlying public policy” behind the statute is to protect conscientious motorists from financial loss caused by negligent, financially irresponsible motorists.”
Amy Warmbrod v. USAA Cnty. Mut. Ins. Co., 367 S.W.3d 778 (Tex. App. 2012).
“Under the Texas Insurance Code, UI/UIM coverage is defined as “the provisions of an automobile liability insurance policy-” Tex. Ins. Code Ann. § 1952.101 (a) (West 2009); see also Howard v.”
Thibeaux v. Starr Indem. & Liab. Co (W.D. La. 2023).
· cites it 2× “”’* The statute, however, provides an exception to this requirement where the insured expressly rejects UIM/UM coverage. That rejection must be made in writing and must “be strictly construed to protect the insured.”
— Tex. Ins. Code § 1952.101(a) — 17 cases
In re State Farm Mut. Auto. Ins. Co., 553 S.W.3d 557 (Tex. App. 2018).
“DISCUSSION The Texas Insurance Code provides as follows: In this section, "uninsured or underinsured motorist coverage" means the provisions of an automobile liability insurance policy that provide for coverage in at least the limits prescribed by Chapter 601, Transportation…”
Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008).
“072. Because Section 1952.104(3) and Chapter 601 address the same subject matter motor vehicle insurance the definition of motor vehicle in section 601.”
Farmers Ins. Exch. v. Rodriguez, 366 S.W.3d 216 (Tex. App. 2012).
“See Tex. Ins.Code § 1952.101(a). The purpose of UIM coverage is to protect conscientious drivers from financial loss caused by irresponsible parties, and courts liberally construe the UIM statutes.”
— Tex. Ins. Code § 1952.101(b) — 7 cases
United States Fid. & Guar. Co. v. Goudeau, 272 S.W.3d 603 (Tex. 2008).
“001(b) ("[T]he insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary.”
— Tex. Ins. Code § 1952.101(c) — 2 cases
Donald R. Cain v. Progressive Cnty. Mut. Ins. Co., 448 S.W.3d 550 (Tex. App. 2014).
“101, 2 the Texas Legislature mandates UIM Coverage in Texas automobile liability insurance policies, unless any insured named in the insurance policy rejects the coverage in writing. See Tex. Ins.”
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