Texas Codes

Tex. Ins. Code § 542.004 (2026)

Examination Of Tax Returns Prohibited

✓ current as of May 2026

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Sec. 542.004. EXAMINATION OF TAX RETURNS PROHIBITED. (a) An insurer regulated under this code may not require a claimant, as a condition of settling a claim, to produce the claimant's federal income tax returns for examination or investigation by the insurer unless:

(1) the claimant is ordered to produce the tax returns by a court; or

(2) the claim involves:

(A) a fire loss; or

(B) a loss of profits or income.

(b) An insurer that violates this section commits:

(1) a prohibited practice under this subchapter; and

(2) a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code.

(c) A claimant affected by a violation of this section is entitled to remedies under Subchapter E, Chapter 17, Business & Commerce Code.

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

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Premium Assets, Inc. v. Lydia A. Garcia D/B/A Joe Lynn Dazzles & More & Lydia Ann Garcia (Tex. App. 2015).

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Premium Assets, Inc. v. Lydia A. Garcia D/B/A Joe Lynn Dazzles & More & Lydia Ann Garcia (Tex. App. 2015). “013 Unfair Claim Settlement Practices Act Tex. Ins. Code§ 542.004 Private Child Support Enforcement Agencies Tex.”

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