Texas 2011 - 82nd Regular

Texas House Bill HB321

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain unfair practices in the settlement of insurance claims involving noneconomic damages.

Impact

If passed, HB321 would introduce specific requirements for insurers, compelling them to engage human assessors for claims involving nonpecuniary damages. This could result in changes to how insurance companies process claims, potentially increasing the time required for settlements but improving the handling and fairness of claim evaluations. The bill aims to prevent the devaluation of emotional and intangible losses through automated processes that may oversimplify the complexities involved in such claims.

Summary

House Bill 321 aims to legislate against unfair practices in the settlement of insurance claims, particularly those involving noneconomic damages such as pain and suffering, emotional distress, and loss of companionship. The bill mandates that insurance companies cannot settle claims related to noneconomic damages without a thorough review by a qualified individual, ensuring that artificial intelligence or automated software applications cannot be used to evaluate these claims without human oversight. This framework seeks to enhance consumer protection and maintain the integrity of the insurance claim process.

Sentiment

The sentiment around HB321 appears to be largely supportive from consumer advocacy groups who argue that the bill is crucial for protecting claimants' rights. They consider the use of AI in deciding sensitive claims as inappropriate and potentially harmful. Conversely, some stakeholders in the insurance industry may express concerns regarding the increased operational burdens and potential delays in claim processing, which could affect their efficiency and profitability.

Contention

Notable points of contention include whether the reliance on human evaluators might slow down the claims process and the potential costs associated with implementing these regulatory changes for insurance companies. Opponents may also argue about the viability of enforcing these new rules, particularly in a landscape increasingly influenced by technological advancements and the push for faster processing times. Thus, the bill highlights the ongoing struggle between technological efficiency and the need for human insight in sensitive discussions surrounding insurance claims.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1702

Relating to unfair settlement practices with respect to workers' compensation insurance claims.

TX HB2115

Relating to damages in certain claims involving sexual assault or sexual harassment.

TX HB1321

Relating to certain insurance practices with respect to repair of motor vehicles.

TX HB3393

Relating to the settlement of certain claims on behalf of a minor.

TX HB601

Relating to deceptive, unfair, or prohibited practices by an insurer.

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

TX HB1239

Relating to consideration by insurers of certain prohibited criteria for ratemaking and coverage decisions and the use of disparate impact analysis regarding certain insurance practices.

TX HB4810

Relating to transactions involving dealer agreements under the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

TX SB1268

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

TX HB4031

Relating to the legislative approval of settlements related to elections.

Similar Bills

No similar bills found.