Tex. Codes » Insurance Code · TITLE 6. ORGANIZATION OF INSURERS AND RELATED ENTITIES · SUBTITLE D. CASUALTY COMPANIES · CHAPTER 862. FIRE AND MARINE INSURANCE COMPANIES
Texas Codes

Tex. Ins. Code § 862.054 (2026)

Fire Insurance: Breach By Insured; Personal Property Coverage

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Sec. 862.054. FIRE INSURANCE: BREACH BY INSURED; PERSONAL PROPERTY COVERAGE. Unless the breach or violation contributed to cause the destruction of the property, a breach or violation by the insured of a warranty, condition, or provision of a fire insurance policy or contract of insurance on personal property, or of an application for the policy or contract:

(1) does not render the policy or contract void; and

(2) is not a defense to a suit for loss.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2006–2023 · leading case: Bob Greene v. Farmers Ins. Exch., 446 S.W.3d 761 (Tex. 2014).
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Bob Greene v. Farmers Ins. Exch., 446 S.W.3d 761 (Tex. 2014). · cites it 5× “Greene contends that the vacancy provision should not apply and the policy should cover her loss because: (1) it is unenforceable under an anti-technicality statute, see TEX.”
Am. Risk Ins. Co. v. Serpikova, 522 S.W.3d 497 (Tex. App. 2016). · cites it 4× “In the motion, Ser-pikova asserted the following grounds: • (1) as a matter of law the Property falls within the definition of “residence premises” in the Policy and therefore the house is a dwelling on the residence premises and the Policy covers Serpikova’s loss from the fire;…”
AIG Aviation, Inc. v. Holt Helicopters, Inc., 198 S.W.3d 276 (Tex. App.—San Antonio 2006). · cites it 2× “TEX. INS.CODE ANN. § 862.054 (Vernon 2003).”
W.W. Rowland Trucking Co. v. CRC Ins. Ser, 559 F. App'x 253 (5th Cir. 2014). · cites it 6× “The district court applied Texas’s Anti-Technicality Statute, Tex. Ins.Code Ann. § 862.054 (West 2013), which requires that there be a causal link between the breach in the policy provision and the loss in order for an insurer to deny a claim under a property insurance policy.”
RLI Ins. Co. v. Costello, 230 F. Supp. 3d 737 (S.D. Tex. 2017). · cites it 3× “Texas Insurance Code § 862.054 Section 862.”
Aig Aviation (Texas), Inc. v. Holt Helicopters, Inc., 248 S.W.3d 169 (Tex. 2008). · cites it 2× “Tex. Ins.Code § 862.054. [11] See generally Noralyn O.”
Mario Santacruz v. Allstate Texas Lloyd's, Inc., 590 F. App'x 384 (5th Cir. 2014). “Tex. Ins.Code Ann. § 862.054; see also Puckett v.”
Bob Greene v. Farmers Ins. Exch., No. 12-0867 (Tex. Aug. 29, 2014). · cites it 2× “In her motion, Greene asserted, in part, that Texas Insurance Code § 862.054 (commonly referred to as the anti- technicality statute) precluded Farmers from raising the vacancy clause as a defense.”
Eads v. Spheric Assurance, No. 23-20066 (5th Cir. Dec. 13, 2023). “305, while Eads and Alia emphasize Texas Insurance Code § 862.054. See 67 F.”
AmGuard Ins. Co. v. Lone Star Legal Aid, No. 4:18-cv-02139 (S.D. Tex. Jan. 6, 2020). “TEX. INS. CODE § 862.054. First enacted in 1913, the statute applies “only to those warranties and provisions in policies the breach of which might contribute to or bring about a fire loss.”
Eads v. Spheric Assurance Co. LTD, No. 4:22-cv-04021 (S.D. Tex. Jan. 25, 2023). “9 at 2 (citing TEX. INS. CODE § 862.054 (“Unless the breach or violation contributed to cause the destruction of the property, a breach or violation by the insured of a warranty, condition, or provision of a fire insurance policy or contract of insurance on personal property, or…”
AIG Aviation (Texas), Inc. v. Holt Helicopters, Inc., No. 04-05-00291-CV (Tex. App.—San Antonio Apr. 26, 2006). “Tex. Ins. Code Ann. § 862.054 (Vernon 2003).”
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