74R9547 PB-D
          By De La Garza                                        H.B. No. 1933
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of information to the holders of certain
    1-3  insurance policies.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 5.65A(b), Insurance Code, is amended to
    1-6  read as follows:
    1-7        (b)  Each company or association that writes workers'
    1-8  compensation insurance in this state, on the written request of the
    1-9  policyholder, shall provide the policyholder with a list of claims
   1-10  charged against the policy, payments made and reserves established
   1-11  on each claim, and a statement explaining the effect of claims on
   1-12  premium rates.  The company or association shall provide the
   1-13  information to the policyholder in writing not later than the 30th
   1-14  day after the date on which the company or association receives the
   1-15  policyholder's written request for the information.  The
   1-16  information is considered to be provided on the date that the
   1-17  information is received by the United States Postal Service or
   1-18  personally delivered.
   1-19        SECTION 2.  Article 21.59, Insurance Code, is amended to read
   1-20  as follows:
   1-21        Art. 21.59.  PROVIDING CLAIMS INFORMATION TO CERTAIN
   1-22  <LIABILITY> INSUREDS.  (a)  In this article, "liability insurance"
   1-23  means the following types of insurance:
   1-24              (1)  general liability;
    2-1              (2)  medical professional liability;
    2-2              (3)  professional liability other than medical
    2-3  professional liability;
    2-4              (4)  commercial automobile liability; and
    2-5              (5)  the liability portion of commercial multiperil
    2-6  coverage.
    2-7        (b)  On written request of a named insured under a liability
    2-8  insurance policy, the insurer that wrote the policy shall provide
    2-9  to the insured information relating to the disposition of a claim
   2-10  filed under the policy.  The request must be transmitted to the
   2-11  insurer within six months from the date of disposition of the
   2-12  claim.
   2-13        (c)  The information supplied to an <the> insured making a
   2-14  <the> request under Subsection (b) of this article must include:
   2-15              (1)  the name of each claimant;
   2-16              (2)  details relating to the amount paid on the claim,
   2-17  settlement of the claim, or judgment on the claim;
   2-18              (3)  details as to how the claim, settlement, or
   2-19  judgment is to be paid; and
   2-20              (4)  any other information required by rule of the
   2-21  commissioner <State Board of Insurance>.
   2-22        (d)  Each insurer that writes property and casualty insurance
   2-23  in this state, on written request of the policyholder, shall
   2-24  provide the policyholder with a list of claims charged against the
   2-25  policy and payments made on each claim. This subsection does not
   2-26  apply to a workers' compensation insurance policy subject to
   2-27  Article 5.65A of this code.
    3-1        (e) <(d)>  The insurer shall provide the information
    3-2  requested under this article in writing not later than the 30th day
    3-3  after the date on which the written request is received by the
    3-4  insurer.  The information is considered to be provided on the date
    3-5  that the information is received by the United States Postal
    3-6  Service or personally delivered.
    3-7        (f) <(e)>  The commissioner <State Board of Insurance>, by
    3-8  rule, may require information in addition to that required by
    3-9  Subsection <Section> (c) of this article that the commissioner
   3-10  <board> considers necessary to adequately inform an insured with
   3-11  regard to any claim under a liability insurance policy.
   3-12        (g)  The commissioner <board> may adopt rules providing the
   3-13  form for requests to an insurer and for information supplied by an
   3-14  insurer under this article.
   3-15        SECTION 3.  This Act takes effect September 1, 1995, and
   3-16  applies only to an insurance policy that is delivered, issued for
   3-17  delivery, or renewed on or after January 1, 1996.  A policy that is
   3-18  delivered, issued for delivery, or renewed before January 1, 1996,
   3-19  is governed by the law as it existed immediately before the
   3-20  effective date of this Act, and that law is continued in effect for
   3-21  that purpose.
   3-22        SECTION 4.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.