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Tex. Insurance Code § 554.002

This is the official text of Tex. Insurance Code § 554.002, part of Texas’s Insurance Code — regulates insurance companies and the policies they sell.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

§ 554.002. BURDEN OF PROOF AND PLEADING.

Official statutory text

In a suit to recover under an insurance or health maintenance organization contract, the insurer or health maintenance organization has the burden of proof as to any avoidance or affirmative defense that the Texas Rules of Civil Procedure require to be affirmatively pleaded. Language of exclusion in the contract or an exception to coverage claimed by the insurer or health maintenance organization constitutes an avoidance or an affirmative defense.

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