Tex. Codes » Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE F. INSURANCE FRAUD AND IDENTITY THEFT · CHAPTER 705. MISREPRESENTATIONS BY POLICYHOLDERS
Texas Codes

Tex. Ins. Code § 705.005 (2026)

Notice To Insured Of Misrepresentations

✓ current as of May 2026
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Sec. 705.005. NOTICE TO INSURED OF MISREPRESENTATIONS. (a) This section applies to any suit brought on an insurance policy issued or contracted for after June 29, 1903.

(b) A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the representation, the defendant gave notice that the defendant refused to be bound by the policy:

(1) to the insured, if living; or

(2) to the owners or beneficiaries of the insurance policy, if the insured was deceased.

(c) This section does not:

(1) make available as a defense an immaterial misrepresentation; or

(2) affect the provisions of Section 705.004.

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

SUBCHAPTER B. SPECIAL PROVISIONS RELATED TO LIFE, ACCIDENT, AND HEALTH INSURANCE POLICIES


Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2008–2025 · leading case: Gotham Ins. Co. v. Warren E & P, Inc., 455 S.W.3d 558 (Tex. 2014).
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Gotham Ins. Co. v. Warren E & P, Inc., 455 S.W.3d 558 (Tex. 2014). “See Tex. Ins.Code § 705.005. Other than the holding in Gotham I that Pedeco suffered no loss, see infra Part II.”
Eb Holdings II, Inc. v. Illinois Nat'l Ins. Co., 108 F.4th 1211 (9th Cir. 2024). · cites it 2× “Tex. Ins. Code § 705.005(b) (“A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the…”
Loya Cas. Ins. Co. v. Certain Underwriters at Lloyds, London (W.D. Tex. 2024). · cites it 6× “Loya Casualty filed an Answer and Affirmative Defenses to Lloyds’s First Amended Counterclaim.”
Karl Wallace v. Amtrust Ins. Co. of Kansas, Inc., John Cole Ins. Agency, Inc. & John Cole, Individually (Tex. App. 2016). · cites it 2× “See TEX. INS. CODE ANN. § 705.005 (West 2009).”
Samurai Global LLC v. Landmark Am. Ins. Co. (N.D. Tex. 2024). · cites it 2× “]” Tex. Ins. Code Ann. § 705.005 (b) (West 2023).”
Century Sur. Co. v. Carriage Place Apts. Houston, LLC (S.D. Tex. 2025). · cites it 2× “005 Defendants first argue that Century's rescission claim must be dismissed because Century failed to plead compliance with the notice requirements of Texas Insurance Code § 705.005. The Court agrees.”
Lucinda J. Myers, Individually & as Pers. Rep. of the Est. of Barry A. Long v. Mega Life & Health Ins. Co. & Dolly Colbert (Tex. App. 2008). · cites it 2× “Tex. Ins. Code Ann. § 705.005 (Vernon Pamph.”
Lucinda J. Myers, Individually & as Pers. Rep. of the Est. of Barry A. Long v. Mega Life & Health Ins. Co. & Dolly Colbert (Tex. App. 2008). · cites it 2× “Tex. Ins. Code Ann. § 705.005 (Vernon Pamph.”
Lucinda J. Myers, Individually & as Pers. Rep. of the Est. of Barry A. Long v. Mega Life & Health Ins. Co. & Dolly Colbert (Tex. App. 2008). · cites it 2× “Tex. Ins. Code Ann. § 705.005 (Vernon Pamph.”
Homeland Ins. Co. of New York v. Clinical Pathology Labs., Inc. (W.D. Tex. 2022). “TEX. INS. CODE § 705.005(b) (West 2005). “This statutory notice requirement is an essential element of a defense based on misrepresentation.”
In Re Bertha Arce, Relator v. the State of Texas (Tex. App. 2025). “Although compelling responses from ANIC, the order restricted the scope of Arce’s discovery in the following ways: 2 The Texas Supreme Court reversed our judgment only to the extent we reversed the trial court’s summary judgment with respect to ANIC’s assertion of…”
Gotham Ins. Co. v. Warren E&P, Inc. F/K/A Petroleum Dev. Corp. D/B/A Pedeco, Inc., Warren Resources, Inc., & Oil Tech. Fund 1996 - Series D, L.P. (Tex. 2014). “17 of the Texas Insurance Code. See TEX. INS. CODE § 705.”
— Tex. Ins. Code § 705.005(b) — 4 cases
Eb Holdings II, Inc. v. Illinois Nat'l Ins. Co., 108 F.4th 1211 (9th Cir. 2024). “Tex. Ins. Code § 705.005(b) (“A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the…”
Homeland Ins. Co. of New York v. Clinical Pathology Labs., Inc. (W.D. Tex. 2022). “TEX. INS. CODE § 705.005(b) (West 2005). “This statutory notice requirement is an essential element of a defense based on misrepresentation.”
Loya Cas. Ins. Co. v. Certain Underwriters at Lloyds, London (W.D. Tex. 2024). “Loya Casualty filed an Answer and Affirmative Defenses to Lloyds’s First Amended Counterclaim.”
Century Sur. Co. v. Carriage Place Apts. Houston, LLC (S.D. Tex. 2025). “005 Defendants first argue that Century's rescission claim must be dismissed because Century failed to plead compliance with the notice requirements of Texas Insurance Code § 705.005. The Court agrees.”
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