By Moreno of Harris                                   H.B. No. 1216
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to third party claims against an insured covered under a
 1-3     liability insurance policy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 4, Article 21.21, Insurance Code, is
 1-6     amended by amending Subsection (10) to read as follows:
 1-7                 (10)  Unfair Settlement Practices.  (a)  Engaging in
 1-8     any of the following unfair settlement practices with respect to a
 1-9     claim by an insured or beneficiary:
1-10                             (i)  misrepresenting to a claimant a
1-11     material fact or policy provision relating to coverage at issue;
1-12                             (ii)  failing to attempt in good faith to
1-13     effectuate a prompt, fair, and equitable settlement of a claim with
1-14     respect to which the insurer's liability has become reasonably
1-15     clear;
1-16                             (iii)  failing to attempt, in good faith,
1-17     to effectuate a prompt, fair, and equitable settlement under one
1-18     portion of a policy of a claim with respect to which the insurer's
1-19     liability has become reasonably clear in order to influence the
1-20     claimant to settle an additional claim under another portion of the
1-21     coverage, provided that this prohibition does not apply if payment
 2-1     under one portion of the coverage constitutes evidence of liability
 2-2     under another portion of the policy;
 2-3                             (iv)  failing to provide promptly to a
 2-4     policyholder a reasonable explanation of the basis in the policy,
 2-5     in relation to the facts or applicable law, for the insurer's
 2-6     denial of a claim or for the offer of a compromise settlement of a
 2-7     claim;
 2-8                             (v)  failing within a reasonable time to:
 2-9                       (A)  affirm or deny coverage of a claim to a
2-10     policyholder; or
2-11                       (B)  submit a reservation of rights to a
2-12     policyholder;
2-13                             (vi)  refusing, failing, or unreasonably
2-14     delaying an offer of settlement under applicable first-party
2-15     coverage on the basis that other coverage may be available or that
2-16     third parties are responsible for the damages suffered, except as
2-17     may be specifically provided in the policy;
2-18                             (vii)  undertaking to enforce a full and
2-19     final release of a claim from a policyholder when only a partial
2-20     payment has been made, provided that this prohibition does not
2-21     apply to a compromise settlement of a doubtful or disputed claim;
2-22                             (viii)  refusing to pay a claim without
2-23     conducting a reasonable investigation with respect to the claim;
2-24                             (ix)  with respect to a Texas personal auto
2-25     policy, delaying or refusing settlement of a claim solely because
 3-1     there is other insurance of a different type available to satisfy
 3-2     all or any part of the loss forming the basis of that claim; or
 3-3                             (x)  requiring a claimant, as a condition
 3-4     of settling a claim, to produce the claimant's federal income tax
 3-5     returns for examination or investigation by the person unless:
 3-6                       (A)  the claimant is ordered to produce those tax
 3-7     returns by a court;
 3-8                       (B)  the claim involves a fire loss; or
 3-9                       (C)  the claim involves lost profits or income.
3-10           (b)  Paragraph (a) of this clause does [not] provide a cause of
3-11     action to a third party asserting one or more claims against an
3-12     insured covered under a liability insurance policy.
3-13           SECTION 2.  This Act takes effect September 1, 1999, and
3-14     applies only to a motor vehicle insurance claim that accrues on or
3-15     after the effective date of this Act.  A claim that accrues before
3-16     the effective date of this Act is governed by the law as it existed
3-17     immediately before the effective date of this Act, and that law is
3-18     continued in effect for that purpose.
3-19           SECTION 3.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended.