Tex. Ins. Code § 101.202

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 101.202 - Attorney's Fees
(a) In an action against an unauthorized insurer or unauthorized person on a contract, agreement, or arrangement of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, the court may award to the plaintiff a reasonable attorney's fee if:
(1) the insurer or person failed, for at least 30 days after a demand made before the commencement of the action, to make payment under the terms of the contract, agreement, or arrangement; and
(2) the failure to make the payment was vexatious and without reasonable cause.
(b) An unauthorized insurer's or person's failure to defend an action described by Subsection (a) is prima facie evidence that the failure to make payment was vexatious and without reasonable cause.

Tex. Ins. Code § 101.202

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 60,Sec. 17, eff. 9/1/2021.
Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 28, eff. 6/1/2003
Amended By Acts 2001, 77th Leg., ch. 1420, Sec. 11.013, eff. 9/1/2001.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. 9/1/1999.