| 1 | 1 | | 81R6642 TJS-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1459 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right of certain insurance policyholders to choose |
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| 8 | 8 | | an agent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 13, Insurance Code, is amended |
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| 11 | 11 | | by adding Chapter 4008 to read as follows: |
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| 12 | 12 | | CHAPTER 4008. RIGHT OF CERTAIN POLICYHOLDERS TO CHOOSE AGENTS |
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| 13 | 13 | | Sec. 4008.001. DEFINITION. In this chapter, "personal |
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| 14 | 14 | | insurance" means: |
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| 15 | 15 | | (1) a personal automobile insurance policy; |
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| 16 | 16 | | (2) a residential property insurance policy; |
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| 17 | 17 | | (3) a residential fire and allied lines insurance |
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| 18 | 18 | | policy; or |
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| 19 | 19 | | (4) a noncommercial insurance policy covering a boat, |
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| 20 | 20 | | personal watercraft, snowmobile, or recreational vehicle. |
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| 21 | 21 | | Sec. 4008.002. APPLICABILITY OF CHAPTER. This chapter |
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| 22 | 22 | | applies to an insurance company authorized to engage in the |
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| 23 | 23 | | business of personal insurance in this state. |
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| 24 | 24 | | Sec. 4008.003. RIGHT TO CHOOSE AGENT. In a form prescribed |
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| 25 | 25 | | by the commissioner, an insurance company to which this chapter |
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| 26 | 26 | | applies shall notify an insured not later than the 30th day after |
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| 27 | 27 | | the date on which the agent who is primarily responsible for |
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| 28 | 28 | | administering the insured's policy ceases to be responsible for |
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| 29 | 29 | | that policy. At a minimum, the notice must include: |
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| 30 | 30 | | (1) a statement informing the insured that the insured |
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| 31 | 31 | | has the right to select, from a list of available agents, if |
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| 32 | 32 | | applicable, the agent who will be primarily responsible for the |
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| 33 | 33 | | insured's policy; |
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| 34 | 34 | | (2) a list of the names, business addresses, and |
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| 35 | 35 | | telephone numbers of agents available to administer the insured's |
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| 36 | 36 | | account in the insured's geographical area, as defined by rule by |
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| 37 | 37 | | the commissioner; |
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| 38 | 38 | | (3) a description of the procedure by which the |
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| 39 | 39 | | insured may select an agent; and |
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| 40 | 40 | | (4) the name, office address, and telephone number of |
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| 41 | 41 | | the agent who will be primarily responsible for administering the |
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| 42 | 42 | | insured's policy until the insured selects an agent. |
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| 43 | 43 | | SECTION 2. This Act applies only to an insurance policy that |
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| 44 | 44 | | is delivered, issued for delivery, or renewed on or after January 1, |
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| 45 | 45 | | 2010. A policy delivered, issued for delivery, or renewed before |
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| 46 | 46 | | January 1, 2010, is governed by the law as it existed immediately |
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| 47 | 47 | | before the effective date of this Act, and that law is continued in |
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| 48 | 48 | | effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2009. |
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