Texas Senate Bill SB2272

Texas 2009 - 81st Regular

Caption

Relating to a lender's release of insurance proceeds.

Impact

The amendments set forth by SB2272 significantly affect how lenders operate when managing insurance proceeds. It establishes an obligation for lenders to notify insured parties promptly, thereby reducing potential delays in the repair process for damaged properties. Furthermore, the bill includes penalties for non-compliance, holding lenders liable for the amount of insurance proceeds they fail to release along with an interest rate of 18% per year on those funds. This adds a layer of accountability that wasn't previously present in the regulation of lenders' actions regarding insurance proceeds.

Summary

Senate Bill 2272 introduces amendments to the Insurance Code specifically focused on the procedures lenders must follow regarding the release of insurance proceeds related to residential real property. The bill mandates that lenders notify insured individuals of any reasonable requirements necessary for the release of claim payments within ten days of receiving such payments. This aims to enhance transparency in the process, ensuring that insured parties are aware of the conditions they must meet to receive their payments.

Contention

Although the bill aims to protect the rights of insured parties, discussions around SB2272 may lead to concerns regarding the extent of regulatory oversight. Lenders might argue that strict requirements and penalties could hinder their ability to operate efficiently and may impact their risk assessment processes. Furthermore, the balance between consumer protection and lender flexibility may become a point of contention, as stakeholders evaluate the implications of the new requirements on the lending landscape.