By Puente H.B. No. 3501
76R7858 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for insurers when an insurance claim is
1-3 filed.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 21.55, Insurance Code, is
1-6 amended to read as follows:
1-7 Sec. 2. NOTICE OF CLAIM; INSURER REQUIREMENTS. (a) Each
1-8 [Except as provided by Subsection (d) of this section, an] insurer
1-9 shall, not later than the 15th day after receipt of notice of a
1-10 claim or the 30th business day if the insurer is an eligible
1-11 surplus lines insurer:
1-12 (1) acknowledge receipt of the claim;
1-13 (2) mail to the claimant a complete copy of the
1-14 applicable insurance policy;
1-15 (3) commence any investigation of the claim; and
1-16 (4) [(3)] request from the claimant all items,
1-17 statements, and forms that the insurer reasonably believes, at that
1-18 time, will be required from the claimant.
1-19 (b) The insurer may make additional [Additional] requests
1-20 for information from the claimant [may be made] if, during the
1-21 investigation of the claim, the insurer determines that the [such]
1-22 additional requests are necessary.
1-23 (c) [(b)] If the acknowledgment of the claim is not made in
1-24 writing, the insurer shall make a record of the date, means, and
2-1 content of the acknowledgment.
2-2 SECTION 2. This Act takes effect September 1, 1999, and
2-3 applies only to a claim made under an insurance policy that is
2-4 filed with an insurer on or after that date. A claim filed before
2-5 that date is governed by the law in effect on the date that the
2-6 claim was filed, and the former law is continued in effect for that
2-7 purpose.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.