By Price                                              H.B. No. 2175
       74R7585 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to settlement of and payment of claims under an insurance
    1-3  policy.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 21.56, Insurance Code, is amended to read
    1-6  as follows:
    1-7        Art. 21.56.  NOTICE OF SETTLEMENT OF LIABILITY CLAIMS
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Claimant" means a person making a claim under an
   1-10  insurance policy, including a person who is a claimant under
   1-11  Section 1, Article 21.55, of this code, or a third-party claimant.
   1-12  The term does not include a health care provider to whom a covered
   1-13  person has assigned a benefit under a health insurance policy.
   1-14              (2)  "Insurer" has the meaning assigned by Section 1,
   1-15  Article 21.55, of this code, except that the term also includes a
   1-16  health maintenance organization operating under the Texas Health
   1-17  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
   1-18  Code) to the extent of any claim for payment for emergency care or
   1-19  other claim for which reimbursement is authorized under the
   1-20  evidence of coverage issued by that organization <(a)  This article
   1-21  applies only to settlement of a claim under a policy of casualty
   1-22  insurance delivered, issued for delivery, or renewed in this state,
   1-23  including a policy written by a county mutual insurance company,
   1-24  Lloyd's plan company, surplus lines insurer, or a reciprocal or
    2-1  interinsurance exchange.  This article does not apply to a casualty
    2-2  policy that requires the insured's consent to settlement of a claim
    2-3  against the insured or to fidelity, surety, or guaranty bonds>.
    2-4        Sec. 2.  NOTICE TO NAMED INSURED.  (a) <(b)>  An insurer
    2-5  shall notify the named insured in writing of initial offer to
    2-6  compromise or settle a third-party claim against the insured made
    2-7  under a <casualty> policy issued to the named insured.  The notice
    2-8  shall be given not later than the 10th day after the date on which
    2-9  the offer is made.
   2-10        (b) <(c)>  An insurer shall notify the named insured in
   2-11  writing of any settlement or other payment of a claim against the
   2-12  insured made under a <casualty> policy issued to the named insured.
   2-13  The notice shall be given not later than the 30th day after the
   2-14  date of the settlement. The notice 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 to be paid; and
   2-18              (3)  any other information required by rule of the
   2-19  commissioner.
   2-20        (c)  This section does <(d)  The board may adopt rules to
   2-21  implement this article.>
   2-22        <(e)  The provisions of this article shall> not apply to
   2-23  marine insurance other than inland marine insurance governed by
   2-24  Article 5.53 of this code.
   2-25        Sec. 3.  CLAIMANT REPRESENTED BY ATTORNEY; NOTICE AND PAYMENT
   2-26  TO CLAIMANT.  (a)  This section applies only if an insurer has
   2-27  actual notice that a claimant is represented by an attorney with
    3-1  respect to a claim.
    3-2        (b)  The insurer shall directly notify a claimant, in
    3-3  writing, of any settlement of a claim with respect to which the
    3-4  claimant is represented by an attorney.  The notice shall state the
    3-5  amount and date of the settlement.  If the claimant is a minor or
    3-6  has a legal guardian, the insurer shall notify a parent or legal
    3-7  guardian of the claimant.  Notice to the claimant's attorney does
    3-8  not satisfy the requirement of this subsection.
    3-9        (c)  An insurer shall pay a claim with respect to which the
   3-10  claimant is represented by an attorney by a negotiable instrument
   3-11  payable jointly to the claimant and the attorney.  If the claimant
   3-12  is a minor or has a legal guardian, the negotiable instrument must
   3-13  be payable jointly to the attorney and a parent or legal guardian
   3-14  of the claimant. The negotiable instrument must be delivered to the
   3-15  claimant or a parent or legal guardian of the claimant, as
   3-16  appropriate.  Delivery of the negotiable instrument to the
   3-17  claimant's attorney does not satisfy the requirement of this
   3-18  subsection.
   3-19        Sec. 4.  RULES.  The commissioner may adopt rules to
   3-20  implement this article.
   3-21        SECTION 2.  Article 21.59, Insurance Code, is repealed.
   3-22        SECTION 3.  This Act takes effect September 1, 1995, and
   3-23  applies only to a claim under an insurance policy, contract, or
   3-24  evidence coverage that is delivered, issued for delivery, or
   3-25  renewed on or after January 1, 1996.  A claim under policy,
   3-26  contract, or evidence of coverage that is delivered, issued for
   3-27  delivery, or renewed before January 1, 1996, is governed by the law
    4-1  as it existed immediately before the effective date of this Act,
    4-2  and that law is continued in effect for that purpose.
    4-3        SECTION 4.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended.