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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery under uninsured and underinsured motorist |
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insurance coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1952, Insurance Code, is |
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amended by adding Sections 1952.1061, 1952.1062, and 1952.1063 to |
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read as follows: |
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Sec. 1952.1061. NOTICE OF CLAIM FOR UNFAIR SETTLEMENT |
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PRACTICE. For the purpose of Section 541.060, an insured may |
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provide notice of a claim for uninsured or underinsured motorist |
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coverage by providing a written notification to the insurer that |
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reasonably informs the insurer of the facts of the claim. |
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Sec. 1952.1062. LEGAL DETERMINATION NOT PREREQUISITE TO |
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RECOVERY FOR UNFAIR SETTLEMENT PRACTICE. A judgment or other legal |
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determination establishing the other motorist's liability or the |
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extent of the insured's damages is not a prerequisite to recovery in |
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an action under Section 541.151 for a violation of Section 541.060 |
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with respect to an uninsured or underinsured motorist claim. |
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Sec. 1952.1063. LIMITATION ON EXTRACONTRACTUAL CAUSES OF |
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ACTION. In regard to a claim for uninsured or underinsured motorist |
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coverage, the only extracontractual cause of action available to an |
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insured is provided by Section 541.151 to recover damages under |
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Section 541.152 for a violation of Section 541.060. |
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SECTION 2. (a) Except as provided by this section, the |
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change in law made by this Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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(b) The change in law made by this Act does not affect the |
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enforceability of any provision in an insurance policy delivered, |
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issued for delivery, or renewed before January 1, 2024, that |
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conflicts with the change in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |