Texas Insurance Code

§ 544.054 — JUDICIAL ACTION; AWARD BY COURT

IN § 544.054Title 5. PROTECTION OF CONSUMER INTERESTS · Part C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · Ch. 544. PROHIBITED DISCRIMINATION · Art. B. OTHER GENERAL PROHIBITIONS AGAINST DISCRIMINATION BY INSURERS

Statute text

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(a)A person who has sustained economic damages as the result of a violation of Section 544.052 may maintain only in a Travis County district court an action against the person who violated that section.

(b)An action under this section must be commenced on or before the second anniversary of:

(1)the date on which the plaintiff was denied insurance or the unfair act occurred; or

(2)the date the plaintiff, in the exercise of reasonable diligence, should have discovered the occurrence of the unfair act.

(c)A plaintiff who prevails in an action under this section may obtain:

(1)the amount of economic damages, court costs, and attorney's fees; and

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Legislative history

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.013(a), eff. September 1, 2005.