Texas Codes

Tex. Ins. Code § 651.161 (2026)

Cancellation Of Insurance Contract

✓ current as of May 2026

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Sec. 651.161. CANCELLATION OF INSURANCE CONTRACT. (a) An insurance premium finance company may not cancel an insurance contract listed in a premium finance agreement except as provided by this section for an insured's failure to make a payment at the time and in the amount provided in the agreement.

(b) The insurance premium finance company must mail to the insured a written notice that the company will cancel the insurance contract because of the insured's default in payment unless the default is cured at or before the time stated in the notice. The stated time may not be earlier than the 10th day after the date the notice is mailed.

(c) The insurance premium finance company must also mail a copy of the notice to the insurance agent or broker identified in the premium finance agreement.

(d) After the time stated in the notice required by Subsection (b), the insurance premium finance company may cancel each applicable insurance contract by mailing a notice of cancellation to the insurer. Each insurance contract shall be canceled as if the insured had canceled the contract, except that the return of a canceled contract is not required.

(e) The insurance premium finance company must also mail a notice of cancellation to:

(1) the insured at the insured's last known address; and

(2) the insurance agent or broker identified in the premium finance agreement.

(f) A statutory, regulatory, or contractual restriction that provides that an insurance contract may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party applies to a cancellation under this section. The insurer shall:

(1) give the prescribed notice on behalf of the insurer or the insured to each governmental agency, mortgagee, or other third party on or before the second business day after the date the insurer receives the notice of cancellation from the insurance premium finance company; and

(2) determine the effective date of cancellation, taking into consideration the number of days' notice required to complete the cancellation.

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

Notes of Decisions

Cited in 6 cases, 2015–2020 · leading case: BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017).

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BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017). · cites it 18× “Tex. Ins. Code § 651.161. . Id. § 651.161(b).”

Ac Interests, L.P., Formerly Am. Coatings, L.P. v. Texas Comm'n on Env't Quality, 543 S.W.3d 703 (Tex. 2018). “TEX. INS. CODE § 651.161(a) - (b). Because BankDirect did not comply with the statute, it was not allowed to cancel the policy.”

Plasma Fab, LLC & Russell McCann v. BankDirect Capital Fin., LLC, a Subsidiary of Texas Capital Bank, N.A. & Scottsdale Ins. Co., 468 S.W.3d 121 (Tex. App. 2015). “" See Tex. Ins.Code § 651.161(a). In addition, we observe that after the Florida Supreme Court’s holding in Cooke, the Florida Legislature amended the premium finance statute to provide that upon receipt of the cancellation notice by the insurer, “the insurance contract shall be…”

Plasma Fab, LLC & Russell McCann v. BankDirect Capital Fin., LLC, a Subsidiary of Texas Capital Bank, N.A. & Scottsdale Ins. Co. (Tex. App. 2015). · cites it 7× “11 Texas Insurance Code § 651.161 ..........”

Scottsdale Ins. Co. v. All Citizens Transp., LLC (E.D. Tex. 2020). · cites it 2× “” TEX. INS. CODE ANN. § 651.161(b). The Insurance Code further provides that the cancellation date “may not be earlier than the 10th day after the date the notice is mailed.”

Michael Joe Sorrell & Sorrell Fam., Ltd Partners v. Est. of Benjamin Hardy Carlton, Iii (Tex. 2019). “21 is exceedingly complex, and reading the provision as a whole, one cannot say that it is singularly focused on the redemption deadlines stated in it.”

— Tex. Ins. Code § 651.161(a) — 4 cases

BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017). “Tex. Ins. Code § 651.161. . Id. § 651.161(b).”

Plasma Fab, LLC & Russell McCann v. BankDirect Capital Fin., LLC, a Subsidiary of Texas Capital Bank, N.A. & Scottsdale Ins. Co. (Tex. App. 2015). “11 Texas Insurance Code § 651.161 ..........”

— Tex. Ins. Code § 651.161(b) — 4 cases

BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017). “Tex. Ins. Code § 651.161. . Id. § 651.161(b).”

Plasma Fab, LLC & Russell McCann v. BankDirect Capital Fin., LLC, a Subsidiary of Texas Capital Bank, N.A. & Scottsdale Ins. Co. (Tex. App. 2015). “11 Texas Insurance Code § 651.161 ..........”

Scottsdale Ins. Co. v. All Citizens Transp., LLC (E.D. Tex. 2020). “” TEX. INS. CODE ANN. § 651.161(b). The Insurance Code further provides that the cancellation date “may not be earlier than the 10th day after the date the notice is mailed.”

— Tex. Ins. Code § 651.161(d) — 1 case

Plasma Fab, LLC & Russell McCann v. BankDirect Capital Fin., LLC, a Subsidiary of Texas Capital Bank, N.A. & Scottsdale Ins. Co. (Tex. App. 2015). “11 Texas Insurance Code § 651.161 ..........”

— Tex. Ins. Code § 651.161(f) — 1 case

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