78R11299 DLF-D
By: Castro, Gallego H.B. No. 1262
Substitute the following for H.B. No. 1262:
By: Gallego C.S.H.B. No. 1262
A BILL TO BE ENTITLED
AN ACT
relating to certain claims settlement practices under a motor
vehicle insurance policy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
amended by adding Article 21.56A to read as follows:
Art. 21.56A. UNFAIR INCENTIVES IN SETTLING MOTOR VEHICLE
INSURANCE CLAIMS. (a) In this article, "proportionate
responsibility" means the percentage of responsibility attributed
to a third-party claimant's negligent act or omission that
contributed to the damages for which indemnification is sought
under the motor vehicle insurance policy.
(b) This article applies to each insurer authorized to write
motor vehicle insurance in this state, including a Lloyd's plan,
county mutual insurance company, or reciprocal or interinsurance
exchange.
(c) In processing third-party motor vehicle insurance
claims for which the insured may be liable to a third-party
claimant, an insurer may not require or encourage an insurance
adjuster or other employee of the insurer to determine that, in a
specific percentage of the third-party motor vehicle insurance
claims, a third-party claimant was proportionately responsible.
(d) An insurer may not use a program or policy that
establishes quotas or that provides financial or other incentives,
including incentives connected with performance evaluation or
increases in compensation, for assigning proportionate
responsibility to third-party claimants in violation of Subsection
(c) of this article.
(e) The commissioner may adopt rules as necessary to
implement this article.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to conduct occurring on or after that date. Conduct
occurring before the effective date of this Act is governed by the
law as it existed immediately before that date, and that law is
continued in effect for that purpose.