Tex. Codes
» Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · CHAPTER 541. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES
Sec. 541.001. PURPOSE. The purpose of this chapter is to regulate trade practices in the business of insurance by:
(1) defining or providing for the determination of trade practices in this state that are unfair methods of competition or unfair or deceptive acts or practices; and
(2) prohibiting those trade practices.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Notes of Decisions
Cited in
50
cases (
24 in the last 5 years), 2007–2026 · leading case:
Wooley v. Lucksinger, 61 So. 3d 507 (La. 2011).
Wooley v. Lucksinger, 61 So. 3d 507 (La. 2011).
· cites it 2× “21, regarding unfair methods of competition, and unfair or deceptive acts or practices, is now found in Tex. Ins.Code § 541.001 et seq. . Former Tex.”
Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012).
“Tex. Ins.Code § 541.001. The Chapter provides a private action for damages against someone who has engaged in a specified act or practice.”
USAA Cnty. Mut. Ins. Co. v. Cook, 241 S.W.3d 93 (Tex. App.—Houston [1st Dist.] 2007).
“Laws 3611 , 4138 (current version at Tex. Ins.Code Ann. §§ 541.001 et seq., 542.”
In re Cypress Texas Lloyds, 437 S.W.3d 1 (Tex. App.—Corpus Christi 2011).
“” In Liberty Mutual Fire Insurance Company, the two-page notice letter states, in relevant part: While our investigation is still undergoing [sic], it appears that Liberty Mutual Fire Insurance Company (“Liberty Mu *12 tual”) is in violation of the Texas Insurance Code Section…”
Guardian Life Ins. v. Kinder, 663 F. Supp. 2d 544 (S.D. Tex. 2009).
“” Tex. Ins. Code § 541.001 (Vernon 2009). To prevail on a claim under § 541 of the Texas Insurance Code, a plaintiff must establish the following: (1) each of the parties is a “person” as defined by § 541.”
Esteban v. State Farm Lloyds, 23 F. Supp. 3d 723 (N.D. Tex. 2014).
“” Such would run counter to the principles established in Garrison as well as the broad purposes of the Insurance Code to regulate and prohibit deceptive insurance practices.”
Irving v. Meridian Sec. Ins. Co., 649 F. Supp. 3d 293 (N.D. Tex. 2022).
· cites it 2× “3d at 460 (collecting cases); TEX. INS. CODE § 541.001 et seq. Stated otherwise, “[b]ecause the statutory and common law standards are now the same, a finding that there is no common law violation as a matter of law also eliminates the statutory claims alleged by plaintiffs in…”
Tex. Ins. Code § 541.001(1): 2 cases
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