The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise.(1) Commissioner--The commissioner of insurance.(2) Department--The Texas Department of Insurance.(3) Insured--The person whose life is insured under the policy. For purposes of this subchapter, the insured is the owner, unless the insured and owner are different parties as set forth in the policy.(4) Mental incapacity--Lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a decision regarding failure to pay a premium when due and the ability to reach an informed decision in the matter.(5) Owner--The person who has all the rights and all the responsibilities of the policy.(6) Policyholder--The owner of the policy.(7) Proof of mental incapacity--The clinical diagnosis of a physician licensed in this state and qualified to make the diagnosis.