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§ 15.097.Insurance Companies

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 15. Venue · Subchapter E. Suits Brought in Justice Court · Last amended 1985 · Last verified August 29, 2026

In one sentenceSection 15.097 allows suit against a property insurer where the insured property was located, and against a life or accident insurer where an insured person resided when the injury or death occurred.

Full Text of § 15.097

Text sizeJump to: (a) (b)

(a)A suit against a fire, marine, or inland marine insurance company may be brought in the county and precinct in which all or part of the insured property was located.
(b)A suit against an accident and life insurance company or association may be brought in the county and precinct in which one or more of the insured persons resided when the injury or death occurred.
End

Plain-English Summary

The justice court insurance provision, split the same way as its district court counterpart.

Subsection (a): a suit against a fire, marine, or inland marine insurance company may be brought in the county and precinct in which all or part of the insured property was located.

Subsection (b): a suit against an accident and life insurance company or association may be brought in the county and precinct in which one or more of the insured persons resided when the injury or death occurred.

The moment of measurement is the point of subsection (b). Residence is fixed at the time of the injury or death — not at the time of suit — so a family that moves away afterwards does not lose the precinct where the loss happened, and cannot create a new one by relocating.

That is the same logic the chapter applies generally through the accrual provision, stated here for a claim where the insured person may no longer be alive to have a residence at all.

"One or more of the insured persons" handles a policy covering several lives, and lets the claimant choose among their precincts.

Note the small difference from the district court rule, which offers a life or accident claimant the insurer's principal Texas office, the county of the loss, and the residence of the policyholder or beneficiary bringing suit. This subsection names only the insured person's residence — though the option provision adds the defendant's county of residence, since this section is permissive.

Frequently Asked Questions

Where do I sue a property insurer in justice court?

In the county and precinct where all or part of the insured property was located.

Where do I sue a life or accident insurer?

In the county and precinct where one or more of the insured persons resided when the injury or death occurred.

What if the family moved after the death?

It does not matter. Residence is measured at the time of the injury or death, not at the time of suit.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source