Tex. Ins. Code § 705.005 · Subchapter A. GENERAL PROVISIONS
NOTICE TO INSURED OF MISREPRESENTATIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies to any suit brought on an insurance policy issued or contracted for after June 29, 1903.
(b) A defendant may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the defendant shows at trial that before the 91st day after the date the defendant discovered the falsity of the representation, the defendant gave notice that the defendant refused to be bound by the policy:
(1) to the insured, if living; or
(2) to the owners or beneficiaries of the insurance policy, if the insured was deceased.
(c) This section does not:
(1) make available as a defense an immaterial misrepresentation; or
(2) affect the provisions of Section 705.004.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.705.htm
- Text hash
- sha256 ba537412085c0a66db9794bf97079c0884bfada17ec2859740f06f7f3caf7fb8
- 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
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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.