Texas Codes

Tex. Ins. Code § 862.055 (2026)

Fire Insurance: Interest Of Mortgagee Or Trustee

✓ current as of May 2026

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Sec. 862.055. FIRE INSURANCE: INTEREST OF MORTGAGEE OR TRUSTEE. (a) The interest of a mortgagee or trustee under a fire insurance contract covering property located in this state may not be invalidated by:

(1) an act or neglect of the mortgagor or owner of the property; or

(2) the occurrence of a condition beyond the mortgagor's or owner's control.

(b) A provision of a contract that conflicts with Subsection (a) is void.

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

SUBCHAPTER C. REINSURANCE AND RESERVES

Notes of Decisions

Cited in 2 cases, 2014–2017 · leading case: Westview Drive Investments, LLC & Jack Yetiv v. Landmark Am. Ins. Co., & King-Phillips Ins. Agency, Inc. AKA Insurtrust Ins., 522 S.W.3d 583 (Tex. App. 2017).

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Westview Drive Investments, LLC & Jack Yetiv v. Landmark Am. Ins. Co., & King-Phillips Ins. Agency, Inc. AKA Insurtrust Ins., 522 S.W.3d 583 (Tex. App. 2017). · cites it 4× “named-insured coverage because (a) it succeeded to FirstVal’s rights under the policy’s EPI and declarations; (b) TTSF assigned the policy and all other property to the mortgageholder, including insurance proceeds from its business-interruption, accounts-receivable, and…”

SWE Homes, LP v. Wellingston Ins. Co., 436 S.W.3d 86 (Tex. App. 2014). “7 Moreover, even if the interpretation proffered by Wellington and favored by the trial court were correct, the provisions barring coverage would be rendered void by operation of Texas Insurance Code section 862.055, which states: § 862.”

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