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By: Thompson of Brazoria, Perez |
H.B. No. 2065 |
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(Senate Sponsor - Middleton) |
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(In the Senate - Received from the House May 3, 2023; |
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May 5, 2023, read first time and referred to Committee on Business & |
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Commerce; May 16, 2023, reported favorably by the following vote: |
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Yeas 10, Nays 0; May 16, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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SchwertnerX |
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KingX |
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BirdwellX |
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CampbellX |
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CreightonX |
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JohnsonX |
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KolkhorstX |
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MenéndezX |
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MiddletonX |
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NicholsX |
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ZaffiriniX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to nonrenewal of certain private passenger automobile |
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insurance policies for the insured's failure to cooperate in a |
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third-party liability claim or action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.1053, Insurance Code, is amended to |
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read as follows: |
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Sec. 551.1053. MANDATORY NONRENEWAL OF PRIVATE PASSENGER |
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AUTOMOBILE INSURANCE POLICIES. (a) If an insured under a private |
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passenger automobile insurance policy fails or refuses to cooperate |
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with an insurer in the investigation, settlement, or defense of a |
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third-party liability claim or action or the insurer is unable to |
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contact the insured using reasonable efforts for those purposes, |
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the insurer shall provide written notice to the named insured that |
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states: |
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(1) how the insured failed or refused to cooperate, |
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including failure as a result of the insurer's inability to contact |
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the insured; |
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(2) the claim or action for which the insurer is |
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requesting cooperation; and |
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(3) the insurer will not renew the policy if the |
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insured continues to fail or refuse to cooperate. |
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(b) Notwithstanding Sections 551.105 and 551.106, an |
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insurer may not renew a private passenger automobile insurance |
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policy if the [named] insured fails or refuses to cooperate with the |
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insurer in the investigation, settlement, or defense of the |
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third-party liability claim or action described by the notice |
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provided under Subsection (a). |
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SECTION 2. Section 551.1053, Insurance Code, as amended by |
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this Act, applies only to an insurance policy delivered, issued for |
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delivery, or renewed on or after January 1, 2024. An insurance |
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policy delivered, issued for delivery, or renewed before January 1, |
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2024, is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |