CHAPTER 554. BURDEN OF PROOF AND PLEADING
INSURANCE CODE
TITLE 5. PROTECTION OF CONSUMER INTERESTS
SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES
CHAPTER 554. BURDEN OF PROOF AND PLEADING
Sec. 554.001. APPLICABILITY OF CHAPTER. This chapter applies to
each insurer or health maintenance organization engaged in the
business of insurance or the business of a health maintenance
organization in this state, regardless of form and however
organized, including:
(1) a stock life, health, or accident insurance company;
(2) a mutual life, health, or accident insurance company;
(3) a stock fire or casualty insurance company;
(4) a mutual fire or casualty insurance company;
(5) a Mexican casualty insurance company;
(6) a Lloyd's plan;
(7) a reciprocal or interinsurance exchange;
(8) a fraternal benefit society;
(9) a title insurance company;
(10) an attorney's title insurance company;
(11) a stipulated premium company;
(12) a nonprofit legal services corporation;
(13) a statewide mutual assessment company;
(14) a local mutual aid association;
(15) a local mutual burial association;
(16) an association exempt under Section 887.102;
(17) a nonprofit hospital, medical, or dental service
corporation, including a corporation subject to Chapter 842;
(18) a county mutual insurance company;
(19) a farm mutual insurance company; and
(20) an insurer or health maintenance organization engaged in
the business of insurance or the business of a health maintenance
organization in this state that does not hold a certificate of
authority issued by the department or is not otherwise authorized
to engage in business in this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1,
2005.
Sec. 554.002. BURDEN OF PROOF AND PLEADING. In a suit to
recover under an insurance or health maintenance organization
contract, the insurer or health maintenance organization has the
burden of proof as to any avoidance or affirmative defense that
the Texas Rules of Civil Procedure require to be affirmatively
pleaded. Language of exclusion in the contract or an exception to
coverage claimed by the insurer or health maintenance
organization constitutes an avoidance or an affirmative defense.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1,
2005.