Public-domain · open source
OpenJurist

Tex. Lab. Code § 416.002

EXEMPLARY DAMAGES

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 5 court decisions — leading case Patin v. Allied Signal, Inc. (1996)

Most recently applied in 571 F. App'x 319 - Buddy Trahan v. Liberty Mutual Insurance Co. (June 2014)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199520002010201410
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) In an action against an insurance carrier for a breach of the duty of good faith and fair dealing, recovery of exemplary damages is limited to the greater of:

(1) four times the amount of actual damages; or

(2) $250,000.

(b) An action against a governmental entity or unit or an employee of a governmental entity or unit for a breach of the duty of good faith and fair dealing is governed by Chapters 101 and 104, Civil Practice and Remedies Code.

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