Texas Codes

Tex. Ins. Code § 4001.051 (2026)

Acts Constituting Acting As Agent

✓ current as of May 2026

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Sec. 4001.051. ACTS CONSTITUTING ACTING AS AGENT. (a) This section applies regardless of whether an insurer is incorporated under the laws of this state or another state or a foreign government.

(b) Regardless of whether the act is done at the request of or by the employment of an insurer, broker, or other person, a person is the agent of the insurer for which the act is done or risk is taken for purposes of the liabilities, duties, requirements, and penalties provided by this title or Chapter 21 if the person:

(1) solicits insurance on behalf of the insurer;

(2) receives or transmits other than on the person's own behalf an application for insurance or an insurance policy to or from the insurer;

(3) advertises or otherwise gives notice that the person will receive or transmit an application for insurance or an insurance policy;

(4) receives or transmits an insurance policy of the insurer;

(5) examines or inspects a risk;

(6) receives, collects, or transmits an insurance premium;

(7) makes or forwards a diagram of a building;

(8) takes any other action in the making or consummation of an insurance contract for or with the insurer other than on the person's own behalf; or

(9) examines into, adjusts, or aids in adjusting a loss for or on behalf of the insurer.

(c) This section does not authorize an agent to orally, in writing, or otherwise alter or waive a term or condition of an insurance policy or an application for an insurance policy.

(d) The referral by an unlicensed person of a customer or potential customer to an agent is not an act of an agent under this section unless the unlicensed person discusses specific insurance policy terms or conditions with the customer or potential customer.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 9, eff. September 1, 2021.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2005–2023 · leading case: Westview Drive Investments, LLC & Jack Yetiv v. Landmark Am. Ins. Co., & King-Phillips Ins. Agency, Inc. AKA Insurtrust Ins., 522 S.W.3d 583 (Tex. App. 2017).

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Westview Drive Investments, LLC & Jack Yetiv v. Landmark Am. Ins. Co., & King-Phillips Ins. Agency, Inc. AKA Insurtrust Ins., 522 S.W.3d 583 (Tex. App. 2017). · cites it 3× “The trial court also granted Westview partial summary judgment holding that under Texas Insurance Code section 4001.051, King-Phillips is Landmark’s agent for the purpose of claims brought under Chapter 541 of the Texas Insurance Code.”

Monumental Life Ins. v. Hayes-Jenkins, 403 F.3d 304 (5th Cir. 2005). · cites it 2× “” Tex. Ins.Code Ann. § 4001.051(b)(1)-(4), (6).”

Penn-Am. Ins. v. Zertuche, 770 F. Supp. 2d 832 (W.D. Tex. 2011). · cites it 2× “Tex. Ins. Code Ann. § 4001.051 . As noted above, Stoltz and TAR are both “agents” rather than “insurers” under the terms of the Code.”

Clarke v. Allianz Global Risks U.S. Ins., 639 F. Supp. 2d 751 (N.D. Tex. 2009). “Code § 4001.003 (defining “agent” as “a person who is an authorized agent of an insurer .”

White Lion Holdings. L.L.C. & Bernard Morello v. Insgroup, Inc. D/B/A Agia Agric. Ins. Agency Scottsdale Ins. Co., & U.S. Risk Underwriters, Inc. (Tex. App. 2019). · cites it 2× “Insgroup’s statutory argument ignores limiting language found in both versions of the statute. An entity that solicits or transmits an insurance policy is the agent of the insurer only “as far as relates to all the liabilities, duties, requirements and penalties set forth in”…”

in Re State Farm Lloyds (Tex. App. 2015). · cites it 3× “TEX. INS. CODE §4001.051. 59. Separately, and/or in the alternative, as referenced and described above, State Farm ratified the actions and conduct of Lanier including the completion of her duties under the common law and statutory law.”

Monumental Life Ins v. Hayes-Jenkins (5th Cir. 2005). · cites it 2× “” TEX. INS. CODE ANN. § 4001.051(b)(1)-(4), (6).”

HOF Partners LLC v. Nautilus Ins. Co. (Tex. App. 2023). “denied) (quoting Tex. Ins. Code § 4001.051(b)), Section 4001.”

— Tex. Ins. Code § 4001.051(b) — 3 cases

Westview Drive Investments, LLC & Jack Yetiv v. Landmark Am. Ins. Co., & King-Phillips Ins. Agency, Inc. AKA Insurtrust Ins., 522 S.W.3d 583 (Tex. App. 2017). “The trial court also granted Westview partial summary judgment holding that under Texas Insurance Code section 4001.051, King-Phillips is Landmark’s agent for the purpose of claims brought under Chapter 541 of the Texas Insurance Code.”

White Lion Holdings. L.L.C. & Bernard Morello v. Insgroup, Inc. D/B/A Agia Agric. Ins. Agency Scottsdale Ins. Co., & U.S. Risk Underwriters, Inc. (Tex. App. 2019). “Insgroup’s statutory argument ignores limiting language found in both versions of the statute. An entity that solicits or transmits an insurance policy is the agent of the insurer only “as far as relates to all the liabilities, duties, requirements and penalties set forth in”…”

HOF Partners LLC v. Nautilus Ins. Co. (Tex. App. 2023). “denied) (quoting Tex. Ins. Code § 4001.051(b)), Section 4001.”

— Tex. Ins. Code § 4001.051(b)(1) — 2 cases

Monumental Life Ins. v. Hayes-Jenkins, 403 F.3d 304 (5th Cir. 2005). “” Tex. Ins.Code Ann. § 4001.051(b)(1)-(4), (6).”

Monumental Life Ins v. Hayes-Jenkins (5th Cir. 2005). “” TEX. INS. CODE ANN. § 4001.051(b)(1)-(4), (6).”

— Tex. Ins. Code § 4001.051(d) — 2 cases

Monumental Life Ins. v. Hayes-Jenkins, 403 F.3d 304 (5th Cir. 2005). “” Tex. Ins.Code Ann. § 4001.051(b)(1)-(4), (6).”

Monumental Life Ins v. Hayes-Jenkins (5th Cir. 2005). “” TEX. INS. CODE ANN. § 4001.051(b)(1)-(4), (6).”

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