Texas 2009 - 81st Regular

Texas Senate Bill SB1335

Filed
 
Out of Senate Committee
4/17/09  
Voted on by Senate
4/30/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to notice of acceptance or rejection of an insurance claim.

Impact

The proposed changes in SB1335 aim to expedite the claims handling process, particularly benefiting claimants who may be waiting for extended periods to receive approval. By allowing the payment itself to serve as the acceptance notice, it is expected to remove unnecessary steps that can delay the resolution of claims. This law applies to claims filed on or after its effective date, establishing a clear boundary for the adoption of these new notification protocols. It upholds pre-existing laws for claims submitted before this legislation takes effect, thus maintaining a degree of continuity for claimants affected by earlier regulations.

Summary

SB1335 seeks to amend the Texas Insurance Code concerning the notice requirements related to the acceptance or rejection of insurance claims. The bill stipulates that if an insurer processes and pays a claim within 15 business days after obtaining the necessary documentation from the claimant, this payment will serve as notice of acceptance. In instances where the insurer suspects that the claim may have resulted from arson, they are allowed an extended period of up to 30 days to make a payment and still meet these notification requirements. This change is designed to streamline the claims process and reduce ambiguity regarding insurer responsibilities in providing formal acknowledgment of claims.

Contention

While the bill supports prompt resolutions for claim payments, concerns may arise regarding situations where the claim is potentially fraudulent, particularly in cases of arson. Critics might point out that providing a simple payment as notice could bypass the need for thorough investigation before acceptance, potentially encouraging fraudulent claims. Additionally, detailing how the insurer determines 'reasonable basis' for suspicion of arson is crucial, as vagueness in this criterion could lead to disputes or unfair claim handling. These elements could generate discussions among stakeholders about the balance between consumer protection and streamlining insurance processes.

Companion Bills

TX HB4242

Identical Relating to notice of acceptance or rejection of an insurance claim.

Previously Filed As

TX SB1268

Relating to the payment of insurance deductibles for property insurance claims.

TX HB2458

Relating to claimant eligibility and initial claims under the unemployment compensation system.

TX HB1900

Relating to notice of cancellation or nonrenewal of a property and casualty insurance policy.

TX HB150

Relating to prohibiting oral releases for automobile insurance claims.

TX SB1042

Relating to prohibiting oral releases for automobile insurance claims.

TX HB1861

Relating to notice of nonrenewal of a property and casualty insurance policy.

TX HB3310

Relating to deadlines for the claims appraisal process of the Texas Windstorm Insurance Association.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2926

Relating to certain claims for benefits or compensation by certain public safety employees and survivors of certain public safety employees.

Similar Bills

No similar bills found.