Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Insurance Code § 554.002: BURDEN OF PROOF AND PLEADING.

Where this section sits in the code

INSURANCE CODE
TITLE 5. PROTECTION OF CONSUMER INTERESTS
SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES
CHAPTER 554. 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.

Collected 2026-08-27T01:47:21Z. Source file · JSON

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