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By: Hegar |
S.B. No. 1335 |
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(In the Senate - Filed March 4, 2009; March 17, 2009, read |
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first time and referred to Committee on Business and Commerce; |
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April 17, 2009, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 0; April 17, 2009, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1335 |
By: Watson, Jackson |
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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of acceptance or rejection of an insurance |
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claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 542.056, Insurance Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) If an insurer pays a claim not later than the 15th |
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business day after the date the insurer receives all items, |
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statements, and forms required by the insurer to secure final proof |
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of loss, or not later than the 30th day if the insurer has a |
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reasonable basis to believe that the loss that is the subject of the |
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claim resulted from arson, the payment of the claim constitutes |
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notice of acceptance and, notwithstanding Subsection (a), the |
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insurer is not required to provide any other notice under this |
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section. |
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(f) If an insurer makes a partial payment under this section |
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or rejects any portion of a claim, the insurer shall include a |
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written notice with the partial payment that states the reason for |
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the rejection. |
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(g) For purposes of Subsections (e) and (f), payment |
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includes an electronic funds transfer to an account identified by |
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the claimant. |
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SECTION 2. The change in law made by this Act applies to a |
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claim filed on or after the effective date of this Act. A claim |
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filed before the effective date of this Act is governed by the law |
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as it existed immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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