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
Texas Codes

Tex. Ins. Code § 541.251 (2026)

Class Action Authorized

✓ current as of May 2026
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Sec. 541.251. CLASS ACTION AUTHORIZED. (a) If a member of the insurance buying public has been damaged by an unlawful method, act, or practice defined in Subchapter B as an unlawful deceptive trade practice, the department may request the attorney general to bring a class action or the individual damaged may bring an action on the individual's own behalf and on behalf of others similarly situated to recover damages and obtain relief as provided by this subchapter.

(b) A class action may not be maintained under this subchapter if the department and attorney general have initiated an action under Subchapter G or an action under that subchapter has resulted in a final determination regarding the same act or practice and the same defendant in the action under this subchapter.

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

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2007–2021 · leading case: Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007).
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Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007). · cites it 8× “Gen. Laws 335 -43; with Order of May 9, 1977, reprinted in 553-54 S.”
Walker v. Sunrise Pontiac-GMC Truck, Inc., 249 S.W.3d 301 (Tenn. 2008). “025 (West 2001) (allowing class actions for violation of the Missouri Merchandising Practices Act); Tex. Ins.Code Ann. § 541.251(a) (Vernon 2007) (class action authorized for individual claimants as well as for Attorney General).”
Peacock v. AARP, Inc., 181 F. Supp. 3d 430 (S.D. Tex. 2016). “” Tex. Ins. Code Ann. § 541.251 . According to Plaintiffs, the language of this class action provision is broader than the language of section 541.”
Molano v. State of Texas, 262 S.W.3d 554 (Tex. App. 2008). “See Tex. Ins. Code Ann. § 541.251 (Vernon Supp.”
Tolar v. Allstate Texas Lloyd's Co., 772 F. Supp. 2d 825 (N.D. Tex. 2011). “) Tolar also asserts an unfair claim settlement practices claim, alleging that Allstate’s ACV calculation is a violation of Texas Insurance Code § 541.251. (PL’s First Am.”
Charles O. \Chuck\" Grigson (2015). · cites it 2× “5 Because, as Grigson complained, the district court did not even decide certification, its Preliminary Approval Order cannot be one that “certifies or 4 In fact, the certification of this class action was affirmed pursuant to the Insurance Code, see Tex. Ins. Code § 541.251, as…”
Nathan Robinson & Misti Robinson, Individually & as Representatives of All Persons Similarly Situated v. Home Owners Mgmt. Enter., Inc. D/B/A Home of Texas & Warranty Underwriters Ins. Co. (Tex. App. 2021). “” However, the first supplement is not so categorical and includes the statement in its opening paragraphs that “[t]his class action is authorized by Texas Insurance Code Section 541.251 and brought individually and by class representatives NATHAN ROBINSON and MISTI ROBINSON.”
Ears & Hearing, P.A. v. Blue Cross & Blue Sheild of Texas, a Div. of Health Care Serv. Corp. (W.D. Tex. 2019). “”); TEX. INS. CODE § 541.251 (“. . . the individual damaged may bring an action on the individual's own behalf and on behalf of others similarly situated to recover damages”).”
Joel Molano v. State (Tex. App. 2008). “See Tex. Ins. Code Ann. § 541.251 (Vernon Supp.”
Charles O. \Chuck\" Grigson (2015). “” The order at Exhibit A states that, “Pursuant to Rule 42 and the Texas Insurance Code §§ 541.251 - .267, this Court hereby certifies, only for the purposes of effectuating the Settlement Agreement, the following Settlement Classes[.”
— Tex. Ins. Code § 541.251(a) — 2 cases
Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007). “Gen. Laws 335 -43; with Order of May 9, 1977, reprinted in 553-54 S.”
Walker v. Sunrise Pontiac-GMC Truck, Inc., 249 S.W.3d 301 (Tenn. 2008). “025 (West 2001) (allowing class actions for violation of the Missouri Merchandising Practices Act); Tex. Ins.Code Ann. § 541.251(a) (Vernon 2007) (class action authorized for individual claimants as well as for Attorney General).”
— Tex. Ins. Code § 541.251(b) — 1 case
Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007). “Gen. Laws 335 -43; with Order of May 9, 1977, reprinted in 553-54 S.”
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