Tex. Codes » Insurance Code · TITLE 10. PROPERTY AND CASUALTY INSURANCE · SUBTITLE C. AUTOMOBILE INSURANCE · CHAPTER 1952. POLICY PROVISIONS AND FORMS FOR AUTOMOBILE INSURANCE
Texas Codes

Tex. Ins. Code § 1952.104 (2026)

Required Provisions Relating To Uninsured Or Underinsured Motorist Coverage

✓ current as of May 2026
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Sec. 1952.104. REQUIRED PROVISIONS RELATING TO UNINSURED OR UNDERINSURED MOTORIST COVERAGE. The portion of a policy form adopted under Article 5.06 or filed as provided by Subchapter B, Chapter 2301, to provide coverage under this subchapter must:

(1) provide that, regardless of the number of persons insured, policies or bonds applicable, vehicles involved, or claims made, the total aggregate limit of liability to any one person who sustains bodily injury or property damage as the result of a single occurrence may not exceed the limit of liability for those coverages as stated in the insurance policy and that the total aggregate limit of liability to all claimants, if more than one, may not exceed the total limit of liability per occurrence as stated in the policy;

(2) provide for the exclusion of the recovery of damages for bodily injury or property damage, or both, resulting from the intentional acts of the insured; and

(3) require that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2024 · leading case: Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008).
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Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008). · cites it 4× “TEX. INS.CODE § 1952.104(3) (emphasis added).”
Charles Franks v. Liberty Cnty. Mut. Ins. Co. (Tex. App. 2019). · cites it 2× “2017-49231 CONCURRING OPINION Because this court is bound by Tex. Ins. Code § 1952.104(3), the terms of the policy, and precedent, I concur in the majority opinion.”
Charles Franks v. Liberty Cnty. Mut. Ins. Co. (Tex. App. 2019). “The statute in question is Tex. Ins. Code § 1952.104(3), which requires “for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact…”
Progressive Cnty. Mut. Ins. Co. v. Artemiz Freeman (Tex. App. 2024). “Tex. Ins. Code Ann. § 1952.104 (3) (physical contact must have occurred with “person or property of the insured” where identity of uninsured motorist is unknown).”
— Tex. Ins. Code § 1952.104(3) — 3 cases
Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008). “TEX. INS.CODE § 1952.104(3) (emphasis added).”
Charles Franks v. Liberty Cnty. Mut. Ins. Co. (Tex. App. 2019). “2017-49231 CONCURRING OPINION Because this court is bound by Tex. Ins. Code § 1952.104(3), the terms of the policy, and precedent, I concur in the majority opinion.”
Charles Franks v. Liberty Cnty. Mut. Ins. Co. (Tex. App. 2019). “The statute in question is Tex. Ins. Code § 1952.104(3), which requires “for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact…”
— Tex. Ins. Code § 1952.104(8) — 1 case
Nationwide Ins. Co. v. Elchehimi, 249 S.W.3d 430 (Tex. 2008). “TEX. INS.CODE § 1952.104(3) (emphasis added).”
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