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House Bill 1774 |
House Author: Bonnen, Greg et al. |
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Effective: 9-1-17 |
Senate Sponsor: Hancock |
House Bill 1774 amends the Insurance Code to establish requirements and procedures applicable to certain actions on claims against an insurer, other than the Texas Windstorm Insurance Association, or an agent arising from damage to or loss of covered property caused by forces of nature. The bill provides for a required presuit notice and for the authority of a person who receives such notice to send a written request to the claimant to inspect, photograph, or evaluate the property that is the subject of the claim. The bill sets out procedures regarding the filing of a plea in abatement by a person against whom an action is pending and provides for an insurer's authority to elect to accept whatever liability an agent might have to the claimant for the agent's acts or omissions related to the claim. The bill sets conditions on the amount of attorney's fees that may be awarded to a claimant in an action subject to the bill's provisions and makes changes regarding the amount of interest for which an insurer that is liable for a claim in such an action is liable if the insurer is not in compliance with statutory provisions relating to prompt payment of claims. The bill authorizes a person who receives a presuit notice to make a settlement offer during a certain period of time.