|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the recovery of damages in a cause of action brought |
|
against the Texas Windstorm Insurance Association. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 541.152, Insurance Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) Except as provided by Subsection (c), on [On] a finding |
|
by the trier of fact that the defendant knowingly committed the act |
|
complained of, the trier of fact may award an amount not to exceed |
|
three times the amount of actual damages. |
|
(c) Subsection (b) does not apply to an action under this |
|
subchapter brought against the Texas Windstorm Insurance |
|
Association by a person who is insured under Chapter 2210. |
|
SECTION 2. Section 2210.552, Insurance Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) A person who brings an action against the association |
|
under this section: |
|
(1) may recover the amount of actual damages, plus |
|
court costs and reasonable and necessary attorney's fees; and |
|
(2) may not recover punitive or exemplary damages, |
|
including damages under Section 541.152(b). |
|
SECTION 3. The change in law made by this Act applies only |
|
to a cause of action that accrues on or after the effective date of |
|
this Act. A cause of action that accrues before the effective date |
|
of this Act is governed by the law in effect immediately before that |
|
date, and that law is continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2011. |