Sec. 703.051. ANTIFRAUD ACTION AUTHORIZED. (a) A covered entity acting alone or through a person, corporation, or legal entity affiliated with the covered entity may bring an action in a court, including a counter-action or cross-action, to:
(1) prevent a person from fraudulently engaging in the business of insurance or the business of a health maintenance organization in this state; or
(2) redress the effects of a person who has fraudulently engaged in the business of insurance or the business of a health maintenance organization in this state.
(b) An action may be brought under this section if:
(1) the acts of the person may adversely affect or have adversely affected at least 10 residents of this state; and
(2) the department has not brought an antifraud action in a court against the person.
(c) An action may be brought under this section regardless of whether the covered entity is directly affected by the person's acts.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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