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

Tex. Ins. Code § 541.153

Frivolous Action

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Sec. 541.153. FRIVOLOUS ACTION. A court shall award to the defendant court costs and reasonable and necessary attorney's fees if the court finds that an action under this subchapter is groundless and brought in bad faith or brought for the purpose of harassment.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2010–2025 · leading case: William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins, and Tom Roberts
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William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins, and Tom Roberts (2017) texapp · cites it 3× “They argue (1) that the trial court was bound by our prior finding in Knoderer I that their claims were not meritless, (2) that the trial court erred in finding that the Knoderers’ claims were groundless and brought in bad faith or for the purpose of harassment, and (3) that…”
Metro Hospitality Partners, Ltd. v. Lexington Insurance (2015) txsd · cites it 3× “50(c); Tex. Ins.Code § 541.153. Metro responded, (Docket Entry No.”
Arizpe v. Principal Life Insurance Company (2019) txnd · cites it 5× “Texas Insurance Code § 541.153 provides that “[a] court shall award to the defendant court costs and reasonable and necessary attorney’s fees if the court finds that an action under this subchapter is groundless and brought in bad faith or brought for the purpose of harassment.”
Carmen Aleman v. Standard Casualty Company (2025) texapp · cites it 4× “13; TEX. INS. CODE ANN. § 541.153; TEX. CIV. PRAC.”
in Re Great Lakes Insurance SE (2019) texapp “See TEX. INS. CODE ANN. § 541.153. The other parties delineated as counter-defendants include Cord Largo, David Poynor, Poynor Group, Under Paid Claim, LLC, and Martha Guerra, who were generally involved in inspecting the property and adjusting the claim.”
Adolfo Vela D/B/A Adelco Enterprises v. Catlin Specialty Insurance Company (2015) texapp “TEX. INS. CODE ANN. § 541.153 (West, Westlaw through 2013 3d C.”
Trussell Insurance Services, Inc. and Employment Management Service, LLC v. Image Solutions, Inc. (2010) texapp “Trussell later amended its counterclaim to include requests for sanctions under Texas Civil Practices and Remedies Code, chapter 10, and Texas Insurance Code, section 541.153. Subsequently, Trussell filed a motion for summary judgment seeking the dismissal of Image’s third party…”
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