81R11520 TJS-D
By: Smithee H.B. No. 2733
A BILL TO BE ENTITLED
AN ACT
relating to recovery under uninsured and underinsured motorist
insurance coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 1952, Insurance Code, is
amended by adding Sections 1952.1061, 1952.1062, and 1952.1063 to
read as follows:
Sec. 1952.1061. NOTICE OF CLAIM. A claimant provides
notice of a claim, including notice for the purposes of Subchapter
D, Chapter 541, and Subchapter B, Chapter 542, for uninsured or
underinsured motorist coverage by providing written notification
to the insurer that reasonably informs the insurer of the facts of
the claim.
Sec. 1952.1062. LEGAL DETERMINATION NOT PREREQUISITE TO
RECOVERY. (a) An insurer may not require as a prerequisite to
asserting a claim under uninsured or underinsured motorist coverage
a judgment or other legal determination establishing the other
motorist's liability or uninsured or underinsured status. A
judgment or other legal determination described by this subsection
is not a prerequisite to having a claim for the purposes of Chapters
541 and 542.
(b) An insurer may not require as a prerequisite to payment
of benefits under uninsured or underinsured motorist coverage a
judgment or other legal determination establishing the other
motorist's liability or the extent of the insured's damages before
benefits are paid under the policy.
(c) An insurer must attempt in good faith to effectuate a
prompt, fair, and equitable settlement of a claim once liability
and damages have become reasonably clear.
Sec. 1952.1063. PREJUDGMENT INTEREST; ATTORNEY'S FEES. (a)
Prejudgment interest accrues on an uninsured or underinsured
motorist claim on the earlier of:
(1) the 180th day after the date the claimant notifies
the insurer of the claim in accordance with Section 1952.1061; or
(2) the date on which suit is filed against the insurer
to recover under the uninsured or underinsured motorist coverage.
(b) For the purposes of recovery of attorney's fees under
Section 38.002, Civil Practice and Remedies Code, a claim for
uninsured or underinsured motorist coverage is presented when the
insurer receives notice of the claim in accordance with Section
1952.1061.
SECTION 2. (a) Except as provided by this section, the
change in law made by this Act applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
(b) The change in law made by this Act does not affect the
enforceability of any provision in an insurance policy delivered,
issued for delivery, or renewed before January 1, 2010, that
conflicts with the change in law made by this Act.
SECTION 3. This Act takes effect September 1, 2009.