Texas Workers Compensation Act
Title 5 - Texas Labor Code - Chapters 401-506
TABLE OF CONTENTS
LABOR CODE
CHAPTER 416. ACTIONS AGAINST INSURANCE CARRIER FOR BREACH OF DUTY
§ 416.001. CERTAIN CAUSES OF ACTION PRECLUDED. An action
taken by an insurance carrier under an order of the commissioner or
recommendations of a benefit review officer under Section 410.031,
410.032, or 410.033 may not be the basis of a cause of action
against the insurance carrier for a breach of the duty of good faith
and fair dealing.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 3.284, eff. Sept. 1, 2005.
§ 416.002. EXEMPLARY DAMAGES. (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.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
