| 1 | 1 | | By: Miklos H.B. No. 4259 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to underinsured motorist coverage. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 1952.106, Insurance Code, is amended to |
|---|
| 9 | 9 | | read as follows: |
|---|
| 10 | 10 | | Sec. 1952.106. RECOVERY UNDER UNDERINSURED MOTORIST |
|---|
| 11 | 11 | | COVERAGE. Underinsured motorist coverage must provide for payment |
|---|
| 12 | 12 | | to the insured of all amounts that the insured is legally entitled |
|---|
| 13 | 13 | | to recover as damages from owners or operators of underinsured |
|---|
| 14 | 14 | | motor vehicles because of bodily injury or property damage, not to |
|---|
| 15 | 15 | | exceed the limit specified in the insurance policy, and reduced by |
|---|
| 16 | 16 | | the amount recovered or recoverable from the insurer of the |
|---|
| 17 | 17 | | underinsured motor vehicle. This payment shall be in addition to |
|---|
| 18 | 18 | | any other benefit provided by the policy. |
|---|
| 19 | 19 | | SECTION 2. This Act applies only to an action commenced on |
|---|
| 20 | 20 | | or after the effective date of this Act. An action that is |
|---|
| 21 | 21 | | commenced before the effective date of this Act is governed by the |
|---|
| 22 | 22 | | law applicable to the action immediately before the effective date |
|---|
| 23 | 23 | | of this Act, and that law is continued in effect for that purpose. |
|---|
| 24 | 24 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 28 | 28 | | Act takes effect September 1, 2009. |
|---|