By Lewis of Tarrant                                   H.B. No. 3180
         76R9211 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to unfair settlement practice in the business of
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 10, Article 21.21, Insurance Code is
 1-6     amended 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, health care provider, or
1-10     person or entity with which one has contracted to provide services
1-11     to an insured or beneficiary, as appropriate.
1-12                       (i)  misrepresenting to a claimant a material
1-13     fact or policy provision relating to coverage at issue;
1-14                       (ii)  failing to attempt in good faith to
1-15     effectuate a prompt, fair, and equitable settlement of a claim with
1-16     respect to which the insurer's liability has become reasonably
1-17     clear;
1-18                       (iii)  failing to attempt, in good faith, to
1-19     effectuate a prompt, fair, and equitable settlement under one
1-20     portion of a policy of a claim with respect to which the insurer's
1-21     liability has become reasonably clear in order to influence the
1-22     claimant to settle an additional claim under another portion of the
1-23     coverage, provided that this prohibition does not apply if payment
1-24     under one portion of the coverage, provided that this prohibition
 2-1     does not apply if payment under one portion of the coverage
 2-2     constitutes evidence of liability under another portion of the
 2-3     policy;
 2-4                       (iv)  failing to provide promptly to a
 2-5     policyholder a reasonable explanation of the basis in the policy,
 2-6     in relation to the facts or applicable law, for the insurer's
 2-7     denial of a claim or for the offer of a compromise settlement of a
 2-8     claim;
 2-9                       (v)  failing within a reasonable time to:
2-10                             (A)  affirm or deny coverage of a claim to
2-11     a policyholder; or
2-12                             (B)  submit a reservation of rights to a
2-13     policyholder;
2-14                       (vi)  refusing, failing or unreasonably delaying
2-15     an offer of settlement under applicable first-party coverage on the
2-16     basis that other coverage may be available or that third parties
2-17     are responsible for the damages suffered, except as may be
2-18     specifically provided in the policy;
2-19                       (vii)  undertaking to enforce a full and final
2-20     release of a claim from a policyholder when only a partial payment
2-21     has been made, provided that this prohibition does not apply to a
2-22     compromise settlement of a doubtful or disputed claim;
2-23                       (viii)  refusing to pay a claim without
2-24     conducting a reasonable investigation with respect to the claim;
2-25                       (ix)  with respect to a Texas personal auto
2-26     policy, delaying or refusing settlement of a claim solely because
2-27     there is other insurance of a different type available to satisfy
 3-1     all or any part of the loss forming the basis of that claim; or
 3-2                       (x)  requiring a claimant, as a condition of
 3-3     settling a claim, to produce the claimant's federal income tax
 3-4     returns for examination or investigation by the person unless:
 3-5                             (A)  the claimant is ordered to produce
 3-6     those tax returns by a court;
 3-7                             (B)  the claim involves a fire loss; or
 3-8                             (C)  the claim involves lost profits or
 3-9     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                 (11)  Misrepresentation of Insurance Policy.
3-14     Misrepresenting an insurance policy by:
3-15           (a)  making an untrue statement of material fact;
3-16           (b)  failing to state a material fact that is necessary to
3-17     make other statements made not misleading considering the
3-18     circumstances under which the statements were made;
3-19           (c)  making a statement in such manner as to mislead a
3-20     reasonably prudent person to a false conclusion of a material fact;
3-21           (d)  making a material misstatement of law; or
3-22           (e)  failing to disclose any matter required by law to be
3-23     disclosed, including a failure to make disclosure in accordance
3-24     with another provision of this code.
3-25           SECTION 2.  This Act takes effect on September 1, 1999.
3-26           SECTION 3.  The importance of the legislation and the crowded
3-27     condition of the calendars in both houses create an emergency and
 4-1     an imperative public necessity that the constitutional rule
 4-2     requiring bills to be read on three several days in each house be
 4-3     suspended, and this rule is hereby suspended.