By Lewis of Tarrant H.B. No. 1709
75R6321 SAW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deadline for payment of certain insurance claims.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Article 21.55, Insurance Code, is
1-5 amended to read as follows:
1-6 Sec. 3. ACCEPTANCE OR REJECTION OF CLAIMS. (a) Except as
1-7 provided by Subsection (c) [Subsections (b) and (d)] of this
1-8 section, an insurer shall notify a claimant in writing of the
1-9 acceptance or rejection of the claim not later than the 30th [15th]
1-10 business day after the date the insurer receives all items,
1-11 statements, and forms required by the insurer, in order to secure
1-12 final proof of loss.
1-13 (b) [If the insurer has a reasonable basis to believe that
1-14 the loss results from arson, the insurer shall notify the claimant
1-15 in writing of the acceptance or rejection of the claim not later
1-16 than the 30th day after the date the insurer receives all items,
1-17 statements, and forms required by the insurer.]
1-18 [(c)] If the insurer rejects the claim, the notice required
1-19 by Subsection [Subsections] (a) [and (b)] of this section must
1-20 state the reasons for the rejection.
1-21 (c) [(d)] If the insurer is unable to accept or reject the
1-22 claim within the period specified by Subsection (a) [or (b)] of
1-23 this section, the insurer shall notify the claimant, not later than
1-24 the date specified under Subsection (a) [or (b), as applicable].
2-1 The notice provided under this subsection must give the reasons the
2-2 insurer needs additional time.
2-3 (d) [(e)] Not later than the 45th day after the date an
2-4 insurer notifies a claimant under Subsection (c) [(d)] of this
2-5 section, the insurer shall accept or reject the claim.
2-6 (e) [(f)] Except as otherwise provided, if an insurer delays
2-7 payment of a claim following its receipt of all items, statements,
2-8 and forms reasonably requested and required, as provided under
2-9 Section 2 of this article, for a period exceeding the period
2-10 specified in other applicable statutes or, in the absence of any
2-11 other specified period, for more than 60 days, the insurer shall
2-12 pay damages and other items as provided for in Section 6 of this
2-13 article.
2-14 (f) [(g)] If it is determined as a result of arbitration or
2-15 litigation that a claim received by an insurer is invalid and
2-16 therefore should not be paid by the insurer, the requirements of
2-17 Subsection (e) [(f)] of this section shall not apply in such case.
2-18 SECTION 2. The change in law made by this Act applies only
2-19 to a claim of which an insurer receives notice on or after the
2-20 effective date of this Act. A claim of which an insurer receives
2-21 notice before the effective date of this Act is governed by the law
2-22 as it existed immediately before the effective date of this Act,
2-23 and that law is continued in effect for that purpose.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.