Tex. Ins. Code § 462.255 · Subchapter F. NONDUPLICATION OF RECOVERY
CERTAIN CLAIMS SUBJECT TO LIEN OR SUBROGATION; LIMIT ON TOTAL RECOVERY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding Sections 462.252(c) and 462.254(e), if a claimant is seeking recovery of insurance policy benefits that, had the impaired insurer not been insolvent, would be subject to lien or subrogation by any other insurer, including a workers' compensation insurer or health insurer, regardless of whether the other insurer is impaired, the association's credit or offset is deducted from the lesser of the damages incurred by the claimant or the limits of the policy under which the claim is made.
(b) A claimant's recovery under this chapter may not result in a total recovery to the claimant that is greater than the recovery that would have resulted had the impaired insurer not been insolvent.
(c) Subject to Sections 462.201-462.203, 462.205-462.210, 462.213, 462.214, and 462.305 of this code and Title 5, Labor Code, a claim for workers' compensation benefits under this chapter may not result in a recovery to the claimant that is less than the recovery that would have resulted had the impaired insurer not been insolvent.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.462.htm
- Text hash
- sha256 5cfc4da01cb0868087f42c9134b3c43033b4ba6fb0ca40a8edee9143096c6a13
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Tex. Ins. Code § 462.201COVERED CLAIMS IN GENERAL.Printed as Sections 462.201-462.203, 462.205-462.210, 462.213, 462.214, and 462.305
- Tex. Ins. Code § 462.252REDUCTION IN AMOUNT OF COVERED CLAIM FOR OTHER POLICY.Printed as Sections 462.252(c) and 462.254(e)
- Tex. Ins. Code § 462.254RECOVERY FROM MORE THAN ONE GUARANTY ASSOCIATION.Printed as Sections 462.252(c) and 462.254(e)
- Tex. Ins. Code § 462.305LIMITATION OF ASSOCIATION'S LIABILITY.Printed as Sections 462.201-462.203, 462.205-462.210, 462.213, 462.214, and 462.305
Cited by 2 provisions
Provisions in this library whose text cites Tex. Ins. Code § 462.255. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.