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Texas Insurance Code - INS § 83.051. Authority of Commissioner to Issue Order

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The commissioner ex parte may issue an emergency cease and desist order if:

(1) the commissioner believes that:

(A) an authorized person engaging in the business of insurance is:

(i) committing an unfair act;  or

(ii) in a hazardous condition or a hazardous financial condition under Section 843.406 or Subchapter A, Chapter 404,  1 as determined by the commissioner;  or

(B) an unauthorized person:

(i) is engaging in the business of insurance in violation of Chapter 101 or in violation of a rule adopted under that chapter;  and

(ii) does not meet a statutory exception or exemption;  and

(2) with respect to conduct described by Subdivision (1)(A), it appears to the commissioner that the alleged conduct:

(A) is fraudulent;

(B) is hazardous or creates an immediate danger to the public safety;  or

(C) is causing or can be reasonably expected to cause public injury that:

(i) is likely to occur at any moment;

(ii) is incapable of being repaired or rectified;  and

(iii) has or is likely to have influence or effect.

(b) An order is final on the 61st day after the date it is served, unless the affected person requests a hearing under Section 83.053.

1  V.T.C.A., Insurance Code § 404.001 et seq.
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Cite this article: FindLaw.com - Texas Insurance Code - INS § 83.051. Authority of Commissioner to Issue Order - last updated January 01, 2024 | https://codes.findlaw.com/tx/insurance-code/ins-sect-83-051/

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