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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain documentation of the applicable |
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limits of coverage in an automobile insurance agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 542, Insurance Code, is |
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amended by adding Section 542.102 to read as follows: |
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Sec. 542.102. RELEASE OF COVERAGE INFORMATION UPON WRITTEN |
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REQUEST OF CLAIMANT'S ATTORNEY (a) Every insurer providing |
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automobile insurance coverage in this State and which is or may be |
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liable to pay all or a part of any claim shall provide, within |
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thirty days of receiving a written request from the claimant's |
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attorney, a statement stating with regard to each known policy of |
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nonfleet private passenger insurance issued by it, the name of the |
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insurer, the name of each insured, and the limits of coverage. The |
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insurer may provide a copy of the declaration page of each such |
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policy in lieu of providing such information. The request shall set |
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forth under oath the specific nature of the claim asserted and shall |
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be mailed to the insurer by certified mail or statutory overnight |
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delivery. The request also must state that the attorney is |
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authorized to make such a request and must be accompanied by a copy |
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of the incident report from which the claim is derived. |
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(b) If the request provided in subsection (a) contains |
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information insufficient to allow compliance, the insurer upon whom |
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the request was made may so state in writing, stating specifically |
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what additional information is needed and such compliance shall |
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constitute compliance with this section. |
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(c) The information provided to a claimant or his attorney |
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as required by subsection (a) of this section shall not create a |
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waiver of any defenses to coverage available to the insurer and |
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shall not be admissible in evidence. |
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(d) The information provided to a claimant or his attorney |
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as required by subsection (a) shall be amended upon the discovery of |
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facts inconsistent with or in addition to the information provided. |
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(e) The provisions of this section do not require disclosure |
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of limits for fleet policy limits, umbrella coverages, or excess |
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coverages. |
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(f) The information received pursuant to this section is |
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confidential and must not be disclosed to any outside party. Upon |
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final disposition of the case, the claimant's attorney must destroy |
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all information received pursuant to this section. The court must |
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impose sanctions for a violation of this subsection. |
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SECTION 2. This Act takes effect September 1, 2015. |