HBA-TYH H.B. 1091 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1091
By: Burnam
Insurance
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Insurance Code provides a process for policyholders to
collect on an insurance claim. It also addresses the insurance company's
responsibility to notify the named insured regarding the settlement of a
liability claim against the policyholder.  However, the code does not
address the process for the insurance company to follow when dealing with a
third-party's claim against the policyholder.  The code also does not
address what rights are afforded a third party.  Since there is no official
relationship between the insurance company and the third party, problems
have arisen, including communication difficulties and delays in the payment
of claims.   

H.B. 1091 requires the insurance company to respond to notice of claim
within 15 days of receipt of notice, to provide for an appraisal of
property damage to a claimant's motor vehicle within seven days of receipt
of notice, and to send a statement of rights to the claimant.  This bill
also imposes an administrative penalty for violation of this code,
authorizes the claimant to bring a civil action, and provides for recovery
of damages.  This bill does not create or affect fiduciary relationships or
duties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 1 (Section 5, Article 21.56A, Subchapter E, Chapter 21, Insurance
Code) of this bill. 

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.  Provides that this article applies only to a
third-party claim for property damage to the claimant's motor vehicle.  
 
Sec. 3.  INSURER RESPONSE TO NOTICE OF CLAIM.  (a) Requires the insurer to
respond to the claimant on notification by a claimant to an insurer of a
claim against a policyholder of the insurer for property damage to the
claimant's motor vehicle.  Provides that within 15 business days of the
date on which the insurer is notified of the claim and receives all items,
statements, and forms required by the insurer, the insurer must respond to
the claimant in writing and must state: 
  
(1)  whether the insurer admits or denies liability for the claim or why
the insurer cannot admit or deny liability for the claim; and 
  
(2)  if the insurer does admit liability for the claim, the percentage
share of liability that the insurer does admit.  
 
 (b)   Requires the insurer to provide a written statement of the factual
bases under which it denies liability, if the insurer denies all or a
percentage of liability for the claim.  
 
(c)  Authorizes an insurer, on notification in writing to a claimant of the
specific reason for the delay, to extend the 15-day period for an
additional period not to exceed 45 days.  
 
Sec. 4.  APPRAISAL OF PROPERTY DAMAGE.  (a) Requires the insurer to provide
for an appraisal of the damage to the claimant's motor vehicle.  Provides
that the appraisal must be completed not later than the seventh business
day after the applicable date under Section 3(a) of this article, unless
the claimant requests a delay in writing.  

(b)  Provides that an appraisal must specify the amount necessary to repair
the property damage to the vehicle.  

Sec. 5.  STATEMENT OF RIGHTS.  (a)  Requires the insurer, on receipt of
notification of a claim by a claimant, to send the claimant a written
statement of the claimant's rights under this article.  Provides that the
insurer must send the statement not later than the seventh business day
after the date on which the insurer is notified by the claimant.  
 
(b)  Requires the commissioner of insurance (commissioner) by rule to
specify the form of the statement required under this section.  
 
Sec. 6.  VIOLATION; ADMINISTRATIVE PENALTY.  (a)  Provides that an insurer
commits a violation if the insurer fails or refuses to comply with the
requirements imposed under this article.  
 
(b)  Authorizes the commissioner to impose an administrative penalty under
Article 1.10E (Administrative Penalties) of this code for a violation under
this section.  
 
Sec. 7.  CIVIL ACTION; DAMAGES.  (a)  Authorizes a claimant to bring an
action for a violation of this article if the insurer fails to comply with
the requirements imposed under Section 3 or 4 of this article, denies all
or a percentage of liability for the claim without a reasonable basis for
the denial of liability, or appraises the property damage to the motor
vehicle in an amount insufficient to repair that damage without a
reasonable basis for the amount of the appraisal.  
 
(b)  Provides that a claimant who prevails in a cause of action brought
under this section is entitled to recover the amount necessary to repair
the property damage to the motor vehicle, a penalty equal to 12 percent of
the amount recovered under this subsection, and reasonable attorney's fees.

Sec. 8.  EFFECT ON FIDUCIARY DUTIES.  Provides that this article does not
create new fiduciary relationships or duties or affect fiduciary
relationships or duties in effect on September 1, 1999.  

SECTION 2.Makes application of this Act prospective, as of January 1, 2000.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.