Tex. Codes » Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · CHAPTER 542. PROCESSING AND SETTLEMENT OF CLAIMS
Texas Codes

Tex. Ins. Code § 542.053 (2026)

Exception

✓ current as of May 2026
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Sec. 542.053. EXCEPTION. (a) This subchapter does not apply to:

(1) workers' compensation insurance;

(2) mortgage guaranty insurance;

(3) title insurance;

(4) fidelity, surety, or guaranty bonds;

(5) marine insurance as defined by Section 1807.001; or

(6) a guaranty association created and operating under Chapter 2602.

(b) A guaranty association operating under Chapter 462 or 463 is not subject to the damage provisions of Section 542.060.

(c) This subchapter does not apply to a health maintenance organization except as provided by Section 1271.005(c).

(d) This subchapter does not apply to a claim governed by Subchapter C, Chapter 1301.

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

Amended by:

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.009(a), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2D.008, eff. April 1, 2009.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2007–2022 · leading case: Lamar Homes, Inc. v. Mid-Continent Cas. Co., 242 S.W.3d 1 (Tex. 2007).
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Lamar Homes, Inc. v. Mid-Continent Cas. Co., 242 S.W.3d 1 (Tex. 2007). “…marine insurance; and (6) a guaranty association created and operating under chapter 2602 of the insurance code. Tex. Ins.Code § 542.053.”
Nat'l Liab. & Fire Ins. v. R & R Marine, Inc., 756 F.3d 825 (5th Cir. 2014). · cites it 2× “Tex. Ins.Code Ann. §§ 542.053, 1807.001. .”
Lamar Homes, Inc. v. Mid-Continent Cas. Co., 239 S.W.3d 236 (Tex. 2007). “TEX. INS.CODE § 542.053. [1] Specifically, the homebuyers alleged that Lamar Homes breached express and implied warranties that their home would be designed and constructed in a good and workmanlike manner; breached the DTPA by breaching those warranties; breached the DTPA by…”
RealPage Inc v. Nat'l Union Fire Ins. Co. of Pittsburgh PA (N.D. Tex. 2020). · cites it 2× “, 4; see also TEX. INS. CODE § 542.053 (stating that the PPCA does not apply to fidelity bonds).”
Nat'l Liab & Fire Ins Co. v. R & R Marine, Inc. (5th Cir. 2014). · cites it 2× “49 TEX. INS. CODE ANN. §§ 542.053, 1807.001.”
MVT Servs., LLC v. Great West Cas. Co. (D.N.M. 2022). “In the same opinion, the Court expressly left open whether the Employers Liability component of the WC/EL policy at issue here took this case outside the workers’ compensation exclusion in Texas Insurance Code § 542.053(1)(a). Id.”
Vollandt v. Axis Ins. Co. (E.D. Tex. 2022). “See TEX. INS. CODE ANN. § 542.053(a). This section states, in relevant part, that the Act does not apply to “marine insurance as defined by [Texas Insurance Code] Section 1807.”
RealPage Inc v. Nat'l Union Fire Ins. Co. of Pittsburgh PA (N.D. Tex. 2021). “, 4; see also TEX. INS. CODE § 542.053 (stating that the PPCA does not apply to fidelity bonds).”
Caploc LLC v. Liberty Mut. Ins. Eur. Ltd. (N.D. Tex. 2021). “, 24 (citing Tex. Ins. Code § 542.053(a)(4) and RealPage Inc.”
— Tex. Ins. Code § 542.053(1)(a) — 1 case
MVT Servs., LLC v. Great West Cas. Co. (D.N.M. 2022). “In the same opinion, the Court expressly left open whether the Employers Liability component of the WC/EL policy at issue here took this case outside the workers’ compensation exclusion in Texas Insurance Code § 542.053(1)(a). Id.”
— Tex. Ins. Code § 542.053(a) — 1 case
Vollandt v. Axis Ins. Co. (E.D. Tex. 2022). “See TEX. INS. CODE ANN. § 542.053(a). This section states, in relevant part, that the Act does not apply to “marine insurance as defined by [Texas Insurance Code] Section 1807.”
— Tex. Ins. Code § 542.053(a)(4) — 1 case
Caploc LLC v. Liberty Mut. Ins. Eur. Ltd. (N.D. Tex. 2021). “, 24 (citing Tex. Ins. Code § 542.053(a)(4) and RealPage Inc.”
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