SRC-JFA S.B. 1106 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1106
By: Duncan
Economic Development
4-2-97
Committee Report (Amended)


DIGEST 

Currently, insurers are required to bring an action against a potentially
liable third party to recover the deductible on a motor vehicle policy for
a claim made by an insured.  The phrase "bring an action" has been
interpreted by the courts to mean filing a lawsuit.  This bill would
clarify the phrase "bring an action" to include collection efforts,
mediation, arbitration or litigation; and would require insurers to bring
an action within 12 months from the date a claim is made.  
 
PURPOSE

As proposed, S.B. 1106 clarifies the phrase "bring an action" and requires
insurers to bring an action within 12, rather than six, months from the
date a claim is made under Article 21.79E, Insurance Code, relating to an
action for amount of deductible by an insurer.    

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in
SECTION 1 (Subsection (f), Article 21.79E, Insurance Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 21.79E, Insurance Code, to provide that this
article applies to any insurer who delivers, issues for delivery, or
renews a private passenger automobile policy of insurance in this state,
rather than a policy of motor vehicle insurance in this state.  Requires
an insurer to bring an action to recover a deductible against a third
party no later than 12, rather than six, months after payment of its
insured's claim or pay the amount of the deductible to the insured if an
insurer is liable to an insured for a claim, and such claim is subject to
a deductible payable by the insured, and a third party may be liable to
the insurer or the insured for the amount of the deductible.  Provides
that Subsection (b) of this article does not apply if, no later than the
earlier of 12, rather than six, months after the date the insured's claim
is paid, rather than made, or 90 days prior to the expiration of the
statute of limitations for negligence actions, the insurer notifies the
insured in writing that the insurer does, rather than will, not intend to
pursue further collection actions, rather than bring an action, against
the third party to pursue further collection actions. Provides that this
article is intended to encourage insurers to take appropriate and
necessary steps to collect from third parties or their insurers.  Defines
"bring an action."  Authorizes the commissioner of insurance to have
authority to enforce this article and is to promulgate and enforce
reasonable rules and regulations as is necessary for the accomplishment of
the purposes of this article.  Makes conforming and nonsubstantive
changes.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.  

Page 1, lines 21-24, and page 2, lines 1-2, deletes proposed changes to
Article 21.79E(c),  Insurance Code, and substitutes the following:  "(c)
Subsection (b) of this article does not apply if, not later than the
earlier of twelve (12) months after the date the insured's claim is paid
or 90 days prior to the expiration of the statute of limitations for
negligence actions, the insurer notifies the insured in writing that the
insurer does not intend to purse further collection actions against the
third party and authorizes the insured to pursue further collection
actions."   

Amendment 2.

Page 2, lines 10-11, inserts proposed Subsection (f) into Article 21.79E,
Insurance Code, as follows:  "(f)  The Commissioner shall have authority
to enforce this article and is authorized to promulgate and enforce
reasonable rules and regulations as is necessary for the accomplishment of
the purposes of this article."