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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery under uninsured and underinsured motorist |
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insurance coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 1952, Insurance Code, is |
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amended by adding Sections 1952.1061, 1952.1062, and 1952.1063 to |
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read as follows: |
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Sec. 1952.1061. NOTICE OF CLAIM. A claimant provides |
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notice of a claim, including notice for the purposes of Subchapter |
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D, Chapter 541, and Subchapter B, Chapter 542, for uninsured or |
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underinsured motorist coverage by providing written notification |
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to the insurer that reasonably informs the insurer of the facts of |
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the claim. |
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Sec. 1952.1062. LEGAL DETERMINATION NOT PREREQUISITE TO |
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RECOVERY. (a) An insurer may not require as a prerequisite to |
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asserting a claim under uninsured or underinsured motorist coverage |
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a judgment or other legal determination establishing the other |
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motorist's liability or uninsured or underinsured status. A |
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judgment or other legal determination described by this subsection |
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is not a prerequisite to having a claim for the purposes of Chapters |
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541 and 542. |
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(b) An insurer may not require as a prerequisite to payment |
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of benefits under uninsured or underinsured motorist coverage a |
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judgment or other legal determination establishing the other |
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motorist's liability or the extent of the insured's damages before |
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benefits are paid under the policy. |
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(c) An insurer must attempt in good faith to effectuate a |
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prompt, fair, and equitable settlement of a claim once liability |
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and damages have become reasonably clear. |
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Sec. 1952.1063. PREJUDGMENT INTEREST; ATTORNEY'S FEES. (a) |
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Prejudgment interest accrues on an uninsured or underinsured |
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motorist claim on the earlier of: |
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(1) the 180th day after the date the claimant notifies |
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the insurer of the claim in accordance with Section 1952.1061; or |
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(2) the date on which suit is filed against the insurer |
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to recover under the uninsured or underinsured motorist coverage. |
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(b) For the purposes of recovery of attorney's fees under |
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Section 38.002, Civil Practice and Remedies Code, a claim for |
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uninsured or underinsured motorist coverage is presented when the |
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insurer receives notice of the claim in accordance with Section |
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1952.1061. |
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SECTION 2. (a) Except as provided by this section, the |
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change in law made by this Act applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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(b) The change in law made by this Act does not affect the |
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enforceability of any provision in an insurance policy delivered, |
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issued for delivery, or renewed before January 1, 2008, that |
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conflicts with the change in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |