Texas § IN.556.051 - UNFAIR METHOD OF COMPETITION OR UNFAIR PRACTICE

§ IN.556.051. UNFAIR METHOD OF COMPETITION OR UNFAIR PRACTICE

UNFAIR METHOD OF COMPETITION OR UNFAIR PRACTICE: TYING. (a) A depository institution engages in an unfair method of competition or an unfair practice in the sale of insurance by the depository institution if the depository institution: (1) is an agent and, as a condition of extending or renewing credit, leasing or selling property, or furnishing services, requires the purchase of insurance from the depository institution or a subsidiary or affiliate of the depository institution, or from or through a particular agent, insurer, or any other person or entity; (2) conditions the terms of credit or the sale or lease of property on acquisition of insurance from or through the depository institution, a subsidiary or affiliate of the depository institution, or any other particular person or entity; (3) rejects a required policy solely because the policy has been issued or underwritten by a person or entity that is not associated with the depository institution; or (4) imposes a requirement on an agent or broker who is not associated with the depository institution that is not imposed on an agent or broker who is associated with the depository institution or a subsidiary or affiliate of the depository institution. (b) This section does not prevent a person who lends money or extends credit from placing insurance on property if the mortgagor, borrower, or purchaser fails to provide required insurance in accordance with the terms of the loan or credit document. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.