Tex. Ins. Code § 541.152

DAMAGES, ATTORNEY'S FEES, AND OTHER RELIEF

Applied in 5 court decisions — leading case Texas Mutual Insurance Co. v. Morris (2009)

Most recently applied in 997 F. Supp. 2d 590 - Carter v. Westport Ins. (October 2013)

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A plaintiff who prevails in an action under this subchapter may obtain:

(1) the amount of actual damages, plus court costs and reasonable and necessary attorney's fees;

(2) an order enjoining the act or failure to act complained of; or

(3) any other relief the court determines is proper.

(b) Except as provided by Subsection (c), on a finding by the trier of fact that the defendant knowingly committed the act complained of, the trier of fact may award an amount not to exceed three times the amount of actual damages.

(c) Subsection (b) does not apply to an action under this subchapter brought against the Texas Windstorm Insurance Association.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.