Texas 2009 - 81st Regular

Texas House Bill HB2733 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11520 TJS-D
2	2	By: Smithee H.B. No. 2733
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to recovery under uninsured and underinsured motorist
8	8	insurance coverage.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 1952, Insurance Code, is
11	11	amended by adding Sections 1952.1061, 1952.1062, and 1952.1063 to
12	12	read as follows:
13	13	Sec. 1952.1061. NOTICE OF CLAIM. A claimant provides
14	14	notice of a claim, including notice for the purposes of Subchapter
15	15	D, Chapter 541, and Subchapter B, Chapter 542, for uninsured or
16	16	underinsured motorist coverage by providing written notification
17	17	to the insurer that reasonably informs the insurer of the facts of
18	18	the claim.
19	19	Sec. 1952.1062. LEGAL DETERMINATION NOT PREREQUISITE TO
20	20	RECOVERY. (a) An insurer may not require as a prerequisite to
21	21	asserting a claim under uninsured or underinsured motorist coverage
22	22	a judgment or other legal determination establishing the other
23	23	motorist's liability or uninsured or underinsured status. A
24	24	judgment or other legal determination described by this subsection
25	25	is not a prerequisite to having a claim for the purposes of Chapters
26	26	541 and 542.
27	27	(b) An insurer may not require as a prerequisite to payment
28	28	of benefits under uninsured or underinsured motorist coverage a
29	29	judgment or other legal determination establishing the other
30	30	motorist's liability or the extent of the insured's damages before
31	31	benefits are paid under the policy.
32	32	(c) An insurer must attempt in good faith to effectuate a
33	33	prompt, fair, and equitable settlement of a claim once liability
34	34	and damages have become reasonably clear.
35	35	Sec. 1952.1063. PREJUDGMENT INTEREST; ATTORNEY'S FEES. (a)
36	36	Prejudgment interest accrues on an uninsured or underinsured
37	37	motorist claim on the earlier of:
38	38	(1) the 180th day after the date the claimant notifies
39	39	the insurer of the claim in accordance with Section 1952.1061; or
40	40	(2) the date on which suit is filed against the insurer
41	41	to recover under the uninsured or underinsured motorist coverage.
42	42	(b) For the purposes of recovery of attorney's fees under
43	43	Section 38.002, Civil Practice and Remedies Code, a claim for
44	44	uninsured or underinsured motorist coverage is presented when the
45	45	insurer receives notice of the claim in accordance with Section
46	46	1952.1061.
47	47	SECTION 2. (a) Except as provided by this section, the
48	48	change in law made by this Act applies only to a cause of action that
49	49	accrues on or after the effective date of this Act. A cause of
50	50	action that accrues before the effective date of this Act is
51	51	governed by the law in effect immediately before that date, and that
52	52	law is continued in effect for that purpose.
53	53	(b) The change in law made by this Act does not affect the
54	54	enforceability of any provision in an insurance policy delivered,
55	55	issued for delivery, or renewed before January 1, 2010, that
56	56	conflicts with the change in law made by this Act.
57	57	SECTION 3. This Act takes effect September 1, 2009.