By Smithee H.B. No. 1943 77R7032 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to required procedures for certain third-party claims 1-3 under motor vehicle liability insurance policies; providing an 1-4 administrative penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-7 amended by adding Article 21.56A to read as follows: 1-8 Art. 21.56A. THIRD-PARTY CLAIMS PROCEDURES UNDER MOTOR 1-9 VEHICLE INSURANCE COVERAGE 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Claimant" means a third-party claimant under a 1-12 motor vehicle insurance policy. 1-13 (2) "Insurer" means a person who delivers, issues for 1-14 delivery, or renews a motor vehicle liability insurance policy in 1-15 this state. The term includes an interinsurance exchange, a mutual 1-16 insurance company, a reciprocal exchange, an association, or a 1-17 Lloyd's plan. 1-18 (3) "Motor vehicle" means a private passenger or 1-19 commercial motor vehicle, including a motorcycle. 1-20 Sec. 2. APPLICATION. This article applies only to a 1-21 third-party claim for property damage to the claimant's motor 1-22 vehicle. 1-23 Sec. 3. INSURER RESPONSE TO NOTICE OF CLAIM. (a) On 1-24 notification by a claimant to an insurer of a claim against a 2-1 policyholder of the insurer for property damage to the claimant's 2-2 motor vehicle, the insurer shall respond to the claimant as 2-3 provided by this article. Except as provided by Subsection (c) of 2-4 this section, not later than the 15th business day after the date 2-5 on which the insurer is notified of the claim by the claimant and 2-6 receives all items, statements, and forms required by the insurer, 2-7 the insurer must respond to the claimant in writing and must state: 2-8 (1) whether the insurer agrees to pay the claim or why 2-9 the insurer will not agree to pay the claim; and 2-10 (2) if the insurer agrees to pay part of the claim, 2-11 the percentage share of the claim that the insurer agrees to pay. 2-12 (b) If the insurer refuses to pay all or a percentage of the 2-13 claim, the insurer shall state in writing the factual bases under 2-14 which it denies the payment for the claim. 2-15 (c) On notification in writing to a claimant of the specific 2-16 reason for the delay, an insurer may extend the 15-day period 2-17 imposed under Subsection (a) of this section for an additional 2-18 period not to exceed 30 days. 2-19 Sec. 4. APPRAISAL OF PROPERTY DAMAGE. (a) The insurer shall 2-20 provide for an appraisal of the property damage to the claimant's 2-21 motor vehicle. Unless the claimant requests a delay in writing, 2-22 the appraisal required under this subsection must be completed not 2-23 later than the seventh business day after the applicable date under 2-24 Section 3(a) of this article. 2-25 (b) An appraisal provided under this section must be 2-26 reasonably specific as to the amount necessary to repair the 2-27 property damage to the vehicle. 3-1 Sec. 5. STATEMENT OF RIGHTS. (a) On receipt of 3-2 notification of a claim by a claimant, the insurer shall send the 3-3 claimant a written statement of the claimant's rights under this 3-4 article. The insurer must send the statement not later than the 3-5 seventh business day after the date on which the insurer is 3-6 notified by the claimant. 3-7 (b) The commissioner by rule shall specify the form of the 3-8 statement required under this section. 3-9 Sec. 6. VIOLATION; ADMINISTRATIVE PENALTY. (a) An insurer 3-10 commits a violation of this code if the insurer fails or refuses to 3-11 comply with the requirements imposed under this article. 3-12 (b) The commissioner may impose an administrative penalty 3-13 under Chapter 84 of this code for a violation under this section. 3-14 Sec. 7. CIVIL ACTION; DAMAGES. (a) A claimant may bring an 3-15 action for a violation of this article if the insurer: 3-16 (1) fails to comply with the requirements imposed 3-17 under Section 3 or 4 of this article; 3-18 (2) refuses to pay all or part of a claim without a 3-19 reasonable basis for the denial of payment; or 3-20 (3) appraises the property damage to the motor vehicle 3-21 in an amount insufficient to repair that damage without a 3-22 reasonable basis for the amount of the appraisal. 3-23 (b) A claimant who prevails in a cause of action brought 3-24 under this section is entitled to recover: 3-25 (1) the amount necessary to repair the property damage 3-26 to the motor vehicle without regard to whether the insurer would 3-27 otherwise be obligated to pay the claim; and 4-1 (2) reasonable attorney's fees. 4-2 Sec. 8. EFFECT ON FIDUCIARY DUTIES. This article does not 4-3 create new fiduciary relationships or duties or affect fiduciary 4-4 relationships or duties in effect on September 1, 2001. 4-5 SECTION 2. Article 21.56A, Insurance Code, as added by this 4-6 Act, applies only to a claim brought under a motor vehicle 4-7 insurance policy that is delivered, issued for delivery, or renewed 4-8 on or after January 1, 2002. A claim brought under a policy that 4-9 is delivered, issued for delivery, or renewed before January 1, 4-10 2002, is governed by the law as it existed immediately before the 4-11 effective date of this Act, and that law is continued in effect for 4-12 that purpose. 4-13 SECTION 3. This Act takes effect September 1, 2001.