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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of certain insurance policyholders to choose |
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an agent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 13, Insurance Code, is amended |
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by adding Chapter 4008 to read as follows: |
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CHAPTER 4008. RIGHT OF CERTAIN POLICYHOLDERS TO CHOOSE AGENTS |
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Sec. 4008.001. DEFINITION. In this chapter, "personal |
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insurance" means: |
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(1) a personal automobile insurance policy; |
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(2) a residential property insurance policy; |
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(3) a residential fire and allied lines insurance |
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policy; or |
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(4) a noncommercial insurance policy covering a boat, |
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personal watercraft, snowmobile, or recreational vehicle. |
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Sec. 4008.002. APPLICABILITY OF CHAPTER. This chapter |
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applies to an insurance company authorized to engage in the |
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business of personal insurance in this state. |
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Sec. 4008.003. RIGHT TO CHOOSE AGENT. In a form prescribed |
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by the commissioner, an insurance company to which this chapter |
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applies shall notify an insured not later than the 30th day after |
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the date on which the agent who is primarily responsible for |
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administering the insured's policy ceases to be responsible for |
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that policy. At a minimum, the notice must include: |
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(1) a statement informing the insured that the insured |
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has the right to select, from a list of available agents, if |
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applicable, the agent who will be primarily responsible for the |
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insured's policy; |
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(2) a list of the names, business addresses, and |
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telephone numbers of agents available to administer the insured's |
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account in the insured's geographical area, as defined by rule by |
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the commissioner; |
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(3) a description of the procedure by which the |
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insured may select an agent; and |
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(4) the name, office address, and telephone number of |
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the agent who will be primarily responsible for administering the |
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insured's policy until the insured selects an agent. |
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SECTION 2. This Act applies only to an insurance policy that |
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is delivered, issued for delivery, or renewed on or after January 1, |
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2010. A policy delivered, issued for delivery, or renewed before |
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January 1, 2010, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |