Texas Senate Bill SB1935

Texas 2021 - 87th Regular

Caption

Relating to recovery under uninsured and underinsured motorist insurance coverage.

Impact

The implementation of SB1935 could have substantial implications for the enforceability of claims filed under uninsured and underinsured motorist insurance policies. By allowing for recovery without the necessity of proving liability through a judgment first, it aims to simplify the claims process for victims of uninsured or underinsured motorist incidents. This change is intended to provide greater protection to consumers while navigating often complex insurance claims, potentially resulting in improved resolution times for affected individuals.

Summary

SB1935 seeks to amend the Texas Insurance Code by introducing specific provisions related to the recovery of claims under uninsured and underinsured motorist insurance coverage. The bill establishes a clear framework for how insured individuals can notify their insurers when seeking recovery for claims associated with unfair settlement practices. It emphasizes that a judgment or legal determination of the other driver's liability is not a prerequisite for the insured to recover damages for violations set forth under the act, which is a significant shift in the existing legal landscape regarding motor vehicle insurance claims.

Contention

While the bill is poised to enhance protections for consumers, its passage may not come without contention. Critics may argue that the new provisions could lead to an increase in frivolous claims against insurers, as the removal of the liability prerequisite might embolden some claimants. Additionally, existing policies written prior to the bill's effective date may still contain terms that conflict with the new regulations, creating further complexity in the application of this law. Overall, the balance between consumer protection and the operational viability for insurance companies is likely to be a focal point in discussions surrounding SB1935.