| 1 | 1 | | 81R8916 KCR-D |
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| 2 | 2 | | By: Rose H.B. No. 3368 |
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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 availability of certain information concerning the |
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| 8 | 8 | | settlement of certain types of claims made under residential |
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| 9 | 9 | | property insurance policies. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 32.102, Insurance Code, is amended by |
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| 12 | 12 | | adding Subsection (a-1) to read as follows: |
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| 13 | 13 | | (a-1) In addition to the information required by Subsection |
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| 14 | 14 | | (a), the Internet website required by this section must include, |
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| 15 | 15 | | with reference to residential property insurance, a side-by-side |
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| 16 | 16 | | comparison of the most likely settlement or other resolution of |
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| 17 | 17 | | categories of typical claims filed with the insurer by |
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| 18 | 18 | | policyholders. The side-by-side comparison must include a ratio of |
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| 19 | 19 | | the average dollar amount paid by an insurer as settlement for a |
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| 20 | 20 | | category of typical claims under a residential property insurance |
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| 21 | 21 | | policy to the premiums received by the insurer for that same policy. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 32, Insurance Code, is |
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| 23 | 23 | | amended by adding Sections 32.105 and 32.106 to read as follows: |
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| 24 | 24 | | Sec. 32.105. PURPOSE OF INFORMATION; ADMISSIBILITY. The |
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| 25 | 25 | | information provided through the department's Internet website |
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| 26 | 26 | | required by Section 32.102 is provided solely for the purpose of |
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| 27 | 27 | | assisting consumers in making educated decisions concerning the |
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| 28 | 28 | | purchase of insurance in this state and is not admissible in a civil |
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| 29 | 29 | | or criminal proceeding as prima facie evidence of the truth of any |
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| 30 | 30 | | matter asserted by the information. |
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| 31 | 31 | | Sec. 32.106. RULES. The commissioner by rule shall define |
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| 32 | 32 | | the categories of typical claims filed with an insurer by |
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| 33 | 33 | | policyholders about which an insurer must provide the department |
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| 34 | 34 | | with information for the purposes of Section 32.102(a-1). |
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| 35 | 35 | | SECTION 3. The commissioner of insurance shall adopt the |
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| 36 | 36 | | rules required by Section 32.106, Insurance Code, as added by this |
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| 37 | 37 | | Act, as soon as possible after the effective date of this Act and in |
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| 38 | 38 | | no event later than January 1, 2010. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2009. |
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