RS C.S.H.B. 2959 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 2959
By: Burnam
5-13-97
Committee Report (Substituted)



BACKGROUND 

The Texas Insurance Code currently provides a process for policyholders to
collect on an insurance claim.  It also addresses the insurance company's
responsibility to notify the named insured with regard to settlement of a
liability claim against that policyholder.  The Code is silent, however,
as to what process the company should follow when paying a third-party who
has a claim against the policyholder.  The Code is also silent as to what
rights are afforded a third party.  Since there is no official
relationship between the company and the third-party,  problems have
arisen.  Among the most frequent consumer complaint regarding third-party
claim problems are those of communication difficulties and delays in the
payment of claims. 

PURPOSE 

The purpose of this legislation is to set out a prescribed course of
action for insurance companies with regard to third-party claims.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of Insurance in SECTION 1 (Sec. 5(b),
Subchapter E, Chapter 21, Insurance Code). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.56A as follows: 

Art. 21.56A. THIRD PARTY CLAIMS PROCEDURES UNDER MOTOR VEHICLE INSURANCE
COVERAGE. 

Sec. 1. DEFINITIONS.  Defines "Claimant," "Insurer," and "Motor Vehicle."

Sec. 2. APPLICATION. This article applies to a third party claim for
property damage to the claimant's motor vehicle. 

Sec. 3. INSURER RESPONSE TO NOTICE OF CLAIM. (a) On notice to an insurer
by a claimant for damage to a motor vehicle, the insurer shall respond as
set out in this article. The insurer must respond within 15 days after
notification by the claimant and receiving all necessary statements,
items, and forms required.  Sets out what the response must state. 

(b) If an insurer rejects all or part of a claim, the insurer shall state
in writing the basis for making that rejection. 

(c) On notification in writing of the specific reason for the delay, an
insurer may extend the 15 day period imposed under subsection (a) for a
maximum 45 days. 

Sec. 4. APPRAISAL OF PROPERTY DAMAGE. (a) The insurer shall provide for an
appraisal of damage to the claimant's motor vehicle.  Unless the claimant
requests a delay in writing, the appraisal required by this subsection
must be completed within seven business  days after the applicable date
under Section 3(a). 

(b) An appraisal provided under this section must specify the amount
necessary to repair the property damage to the vehicle. 

Sec. 5. STATEMENT OF RIGHTS. (a) On receipt of notification of a claim by
a claimant, the insurer shall send the claimant a written statement of
their rights under this article. Notice must be sent within seven business
days of notification. 

(b) The commissioner shall adopt the form and content of the statement by
rule. 

Sec. 6. VIOLATION; ADMINISTRATIVE PENALTY. (a) An insurer commits a
violation of the code if the insurer fails or refuses to comply with the
requirements imposed under this article. 

(b) The commissioner may impose an administrative penalty under Art.
1.10E, Insurance Code, for a violation under this section. 

Sec. 7. CIVIL ACTION; DAMAGES. (a) A claimant may bring an action for
violation of this article if the insurer fails to comply with sections 3
or 4 of this article, rejects all or part of the claim without a
reasonable basis, appraises the amount of damage at an insufficient amount
without a reasonable basis. 

(b) A claimant who prevails in a cause of action under this article is
entitled to recover the amount required to repair the damage, a penalty
equal to 12 percent of the amount recovered under Subdivision (1) of this
subsection, and reasonable attorney's fees. 

Sec. 8. EFFECT ON FIDUCIARY DUTIES. This article does not create new
fiduciary duties or affect fiduciary relationships or duties in effect on
September 1, 1997. 

SECTION 2. Article 21.56A, Insurance Code, as added by this act applies
only to a claim brought under a motor vehicle insurance policy that is
delivered, issued for delivery, or renewed on or after January 1, 1998. 

SECTION 3. Effective date September 1, 1997.

SECTION 4. Emergency Clause.


COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1. 

Adds term "property" to damage throughout substitute.  

Sec. 2. Adds new section 2 explaining what this article applies to.  Makes
conforming changes to section numbering. 

Sec. 3(a). Changes response time by insurer to 15 days instead of 10.
Adds language about insurer receiving all items, statements, and forms
required by the insurer.  Makes additional nonsubstantive changes. 

(b) Makes nonsubstantive changes.

(c)  Makes conforming changes in extending notification period.  Changes
maximum time for extension from 15 to 45 days. 

Sec. 4. Changes from date insurer is notified to applicable date under
Subsection 3(a). 

 Sec. 7(a)  Makes nonsubstantive changes.

(1) Makes conforming changes for the section numbers referenced.

Sec. 8.  Adds new section on the effect of fiduciary duties.