| 1 | 1 | | H.B. No. 2877 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to liability insurance closed claim reports. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 38.153(a), Insurance Code, is amended to |
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| 8 | 8 | | read as follows: |
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| 9 | 9 | | (a) Not later than the 10th day after the last day of the |
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| 10 | 10 | | calendar quarter in which a claim for recovery under a liability |
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| 11 | 11 | | insurance policy is closed, the insurer shall file with the |
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| 12 | 12 | | department a closed claim report if the indemnity payment for |
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| 13 | 13 | | bodily injury under the coverage is $75,000 [$25,000] or more. |
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| 14 | 14 | | SECTION 2. Section 38.155(a), Insurance Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) An insurer shall file with the department a summary |
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| 17 | 17 | | closed claim report for a claim for recovery under a liability |
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| 18 | 18 | | insurance policy if the indemnity payment for bodily injury under |
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| 19 | 19 | | the coverage is less than $75,000 [$25,000] but more than $25,000 |
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| 20 | 20 | | [$10,000]. |
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| 21 | 21 | | SECTION 3. Section 38.157(a), Insurance Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | (a) An insurer shall file with the department one report |
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| 24 | 24 | | containing the information required under this section for all |
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| 25 | 25 | | claims closed within the calendar year for which the indemnity |
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| 26 | 26 | | payments for bodily injury under the coverage are $25,000 [$10,000] |
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| 27 | 27 | | or less, including claims for which an indemnity payment is not made |
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| 28 | 28 | | on closing. |
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| 29 | 29 | | SECTION 4. Section 38.158, Insurance Code, is amended to |
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| 30 | 30 | | read as follows: |
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| 31 | 31 | | Sec. 38.158. ALTERNATIVE REPORTING. (a) After notice and |
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| 32 | 32 | | public hearing, the commissioner may provide for alternative |
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| 33 | 33 | | reporting in the form of sampling of the required closed claim data |
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| 34 | 34 | | instead of requiring insurers to file the closed claim data |
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| 35 | 35 | | required by this subchapter. |
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| 36 | 36 | | (b) The department may use a statistical reporting agency to |
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| 37 | 37 | | reconcile the data. |
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| 38 | 38 | | SECTION 5. This Act applies only to a closed claim report |
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| 39 | 39 | | that is filed with the Texas Department of Insurance on or after the |
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| 40 | 40 | | effective date of this Act. A closed claim report that is filed |
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| 41 | 41 | | with the department before the effective date of this Act is |
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| 42 | 42 | | governed by the law as it existed immediately before the effective |
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| 43 | 43 | | date of this Act, and that law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 6. This Act takes effect September 1, 2009. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I certify that H.B. No. 2877 was passed by the House on April |
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| 49 | 49 | | 22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 50 | 50 | | voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | I certify that H.B. No. 2877 was passed by the Senate on May |
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| 54 | 54 | | 18, 2009, by the following vote: Yeas 31, Nays 0. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Secretary of the Senate |
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| 57 | 57 | | APPROVED: _____________________ |
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| 58 | 58 | | Date |
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| 59 | 59 | | _____________________ |
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| 60 | 60 | | Governor |
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