Texas Codes

Tex. Ins. Code § 544.052 (2026)

Unfair Discrimination

✓ current as of May 2026

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Sec. 544.052. UNFAIR DISCRIMINATION. A person may not in any manner engage in unfair discrimination or permit unfair discrimination between individuals of the same class and of essentially the same hazard, including unfair discrimination in:

(1) the amount of premium, policy fees, or rates charged for a policy or contract of insurance;

(2) the benefits payable under a policy or contract of insurance; or

(3) any of the terms or conditions of a policy or contract of insurance.

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

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2009–2026 · leading case: Kimberly-Clark Corp. v. Factory Mut. Ins., 566 F.3d 541 (5th Cir. 2009).

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Kimberly-Clark Corp. v. Factory Mut. Ins., 566 F.3d 541 (5th Cir. 2009). · cites it 2× “1924); TEX. INS. CODE § 544.052; RHODE ISLAND GEN.”

Tatiyana Geneva Altecor v. United Prop. & Cas. Ins. Co. (Tex. App. 2022). “TEX. INS. CODE ANN. § 544.052. 13 on insurers as it relates to settlement offers and acceptance.”

Shannon v. Allstate Corp. (5th Cir. 2026). “” Tex. Ins. Code Ann. § 544.052 . According to Plaintiffs, Allstate engaged in a scheme to charge customers varying premiums without any actuarially sound reason.”

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