Texas Codes

Tex. Ins. Code § 422.054 (2026)

Preferential Claims On Liquidation

✓ current as of May 2026

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Sec. 422.054. PREFERENTIAL CLAIMS ON LIQUIDATION. If an insurer is involuntarily or voluntarily liquidated, a claimant of the insurer has a prior and preferential claim against all assets of the insurer other than the assets that have been pledged or encumbered in accordance with this chapter or the assets that are subject to a pledge or encumbrance of an asset described by Section 422.053(b)(2). All claimants have equal status, and their prior and preferential claim is superior to any claim or cause of action against the insurer by any other person, corporation, association, or legal entity.

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

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 61 (S.B. 1954), Sec. 8, eff. September 1, 2021.

Notes of Decisions

Cited in 3 cases, 2011–2011 · leading case: John H. Carney & Assocs. v. Texas Prop. & Cas. Ins. Guar. Ass'n, 354 S.W.3d 843 (Tex. App. 2011).

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John H. Carney & Assocs. v. Texas Prop. & Cas. Ins. Guar. Ass'n, 354 S.W.3d 843 (Tex. App. 2011). “Laws 1372 , 1372-75 (as amended, repealed 2005) (current version at Tex. Ins.Code Ann. § 422.002) (emphasis added).”

John H. Carney & Assocs. v. Texas Prop. & Cas. Ins. Guar. Ass'n (Tex. App. 2011). “Laws 1372 , 1372-75 (as amended, repealed 2005) (current version at Tex. Ins. Code Ann. § 422.002 ) (emphasis added).”

John H. Carney & Assocs. v. Texas Prop. & Cas. Ins. Guar. Ass'n (Tex. App. 2011). “§ 5 (current version at Tex. Ins. Code Ann. § 422.054 ). 22 “covered claims” to unpaid claims of “insureds” and “third-party claimants.”

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