Tex. Codes » Insurance Code · TITLE 13. REGULATION OF PROFESSIONALS · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 4001. AGENT LICENSING IN GENERAL
Texas Codes

Tex. Ins. Code § 4001.052 (2026)

Solicitor Of Application For Insurance Considered Agent Of Insurer

✓ current as of May 2026
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Sec. 4001.052. SOLICITOR OF APPLICATION FOR INSURANCE CONSIDERED AGENT OF INSURER. (a) A person who solicits an application for life, accident, or health insurance or property or casualty insurance is considered the agent of the insurer issuing a policy on the application and not the agent of the insured in any controversy between the insurer and the insured, the insured's beneficiary, or the insured's dependents.

(b) The agent may not alter or waive a term or condition of the application or policy.

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

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2011–2023 · leading case: Howard v. Burlington Ins. Co., 347 S.W.3d 783 (Tex. App. 2011).
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Howard v. Burlington Ins. Co., 347 S.W.3d 783 (Tex. App. 2011). “” Tex. Ins.Code Ann. § 4001.052(a) (West 2009).”
HOF Partners LLC v. Nautilus Ins. Co. (Tex. App. 2023). “Tex. Ins. Code Ann. § 4001.052 (a). Thus, under Section 4001.”
J & G Enter., LLC DBA Best Med. Supply v. W. World Ins. Co. (S.D. Tex. 2022). “31 The contractual provision creating a sub-limit of liability is quite clear, and Plaintiff is charged with knowledge of it.32 Therefore, Defendant is entitled to summary judgment as to the claim for breach of contract, and the non-contractual claims fall along with it.”
Adolfo Vela D/B/A Adelco Enter. v. Catlin Specialty Ins. Co. (Tex. App. 2015). “” TEX. INS. CODE ANN. § 4001.052(a). 23 4. Vela’s Claim Against Catlin for Negligent Claim Handling Next, Vela argues that the trial court erred in granting summary judgment in Catlin’s favor because Catlin is liable for its handling of his claim under the Stowers doctrine.”
— Tex. Ins. Code § 4001.052(a) — 3 cases
Howard v. Burlington Ins. Co., 347 S.W.3d 783 (Tex. App. 2011). “” Tex. Ins.Code Ann. § 4001.052(a) (West 2009).”
J & G Enter., LLC DBA Best Med. Supply v. W. World Ins. Co. (S.D. Tex. 2022). “31 The contractual provision creating a sub-limit of liability is quite clear, and Plaintiff is charged with knowledge of it.32 Therefore, Defendant is entitled to summary judgment as to the claim for breach of contract, and the non-contractual claims fall along with it.”
Adolfo Vela D/B/A Adelco Enter. v. Catlin Specialty Ins. Co. (Tex. App. 2015). “” TEX. INS. CODE ANN. § 4001.052(a). 23 4. Vela’s Claim Against Catlin for Negligent Claim Handling Next, Vela argues that the trial court erred in granting summary judgment in Catlin’s favor because Catlin is liable for its handling of his claim under the Stowers doctrine.”
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