By Lewis of Tarrant H.B. No. 3177
76R6537 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment of claims by the Texas Property and Casualty
1-3 Insurance Guaranty Association.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(d), Article 21.28-C, Insurance Code, is
1-6 amended to read as follows:
1-7 (d) The association shall investigate and adjust,
1-8 compromise, settle, and pay covered claims to the extent of the
1-9 association's obligation and deny all other claims. The
1-10 association may review settlements, releases, and judgments to
1-11 which the impaired insurer or its insureds were parties to
1-12 determine the extent to which those settlements, releases, and
1-13 judgments may be properly contested. Any judgment taken by default
1-14 or consent against an insured or the impaired insurer, and any
1-15 settlement, release, or judgment entered into by the insured or the
1-16 impaired insurer, is not binding on the association, and may not be
1-17 considered as evidence of liability or of damages in connection
1-18 with any claim brought against the association or any other party
1-19 under this Act. Notwithstanding any other provision of this Act, a
1-20 covered claim shall not include any claim filed with the guaranty
1-21 association after the later of the final date for filing claims
1-22 against the liquidator or receiver of an insolvent insurer,
1-23 including a date established under Section 3(b), Article 21.28, of
1-24 this code, or eighteen months after the order of liquidation.
2-1 SECTION 2. This Act takes effect September 1, 1999, and
2-2 applies only to payment of covered claims with respect to a
2-3 designation of impairment made on or after the effective date of
2-4 this Act. Payment of a covered claim with respect to a designation
2-5 of impairment made before the effective date of this Act is
2-6 governed by the law as it existed immediately before the effective
2-7 date of this Act, and that law is continued in effect for that
2-8 purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.