All codes › Insurance Code › Title 5

Chapter 541

Unfair Methods of Competition and Unfair or Deceptive Acts or Practices

Subchapter A. General Provisions

541.001 Purpose 541.002 Definitions 541.003 Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Prohibited 541.004 Venue for Actions Involving Department or Commissioner 541.005 Applicability to Risk Retention or Purchasing Group 541.006 Prohibited Content of Certain Insurance Policies 541.007 Immunity from Prosecution 541.008 Liberal Construction

Subchapter B. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Defined

541.051 Misrepresentation Regarding Policy or Insurer 541.052 False Information and Advertising 541.053 Defamation of Insurer 541.054 Boycott, Coercion, or Intimidation 541.055 False Financial Statement 541.059 Deceptive Name, Word, Symbol, Device, or Slogan 541.060 Unfair Settlement Practices 541.061 Misrepresentation of Insurance Policy

Subchapter B-1. Advertising Requirements

541.082 Advertising and Internet Websites 541.083 Advertisements to Certain Associations 541.084 Advertisements Relating to Medicare Program 541.085 Advertisements Relating to Preferred Provider Benefit Plans 541.086 Advertising Regarding Guaranteed Renewable Coverage 541.087 Advertisements Exempt from Filing Requirements

Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties

541.101 Examination and Investigation 541.102 Statement of Charges; Notice of Hearing 541.103 Hearing 541.104 Hearing Procedures 541.105 Record of Hearing 541.106 Compliance with Subpoena 541.107 Determination of Violation 541.108 Cease and Desist Order 541.109 Modification or Setting Aside of Order 541.110 Administrative Penalty 541.111 Civil Penalty for Violation of Cease and Desist Order

Subchapter D. Private Action for Damages

541.151 Private Action for Damages Authorized 541.152 Damages, Attorney's Fees, and Other Relief 541.153 Frivolous Action 541.154 Prior Notice of Action 541.155 Abatement 541.156 Settlement Offer 541.157 Contents of Settlement Offer 541.158 Rejection of Settlement Offer 541.159 Limit on Recovery After Settlement Offer 541.160 Effect of Settlement Offer 541.161 Mediation 541.162 Limitations Period

Subchapter E. Enforcement by Attorney General

541.201 Injunctive Relief 541.202 Venue for Injunctive Action 541.203 Issuance of Injunction 541.204 Civil Penalty 541.205 Compensation or Restoration 541.206 Civil Penalty for Violation of Injunction 541.207 Remedies Not Exclusive

Subchapter F. Class Actions by Attorney General or Private Individual

541.251 Class Action Authorized 541.252 Recovery 541.253 Frivolous Action 541.254 Statute of Limitations Tolled 541.255 Prior Notice 541.256 Prerequisites to Class Action 541.257 Class Actions Maintainable 541.258 Class Actions: Issues and Subclasses Authorized 541.259 Determination Regarding Whether Class Action May Be Maintained 541.260 Effect of Denial of Class Action 541.261 Notice of Class Action 541.262 Procedures in Class Action 541.263 Effect of Settlement Offer 541.264 Defenses 541.265 Limitations Period for Damages 541.266 Disposition 541.267 Contents of Judgment; Notice

Subchapter G. Department Action for Refund of Premiums

541.301 Refund of Premiums 541.302 Time to Make Refunds 541.303 Sanction 541.304 Evidentiary Use of Compliance or Attempt to Comply

Subchapter H. Assurance of Voluntary Compliance

541.351 Acceptance of Assurance 541.352 Effect of Assurance 541.353 Reopening 541.354 Right to Bring Action Not Affected

Subchapter I. Rulemaking

541.401 Rulemaking Authority 541.402 Petition 541.403 Denial of Petition 541.404 Hearing on Petition 541.405 Judicial Review of Department Action

Subchapter J. Construction of Chapter with Other Laws

541.451 Liability under Other Law 541.452 Powers in Addition to Other Powers Authorized by Law 541.453 Double Recovery Prohibited 541.454 Penalties and Related Payments by Insurer