1 | 1 | | By: Davis S.B. No. 1567 |
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2 | 2 | | (Eiland) |
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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 coverage of certain persons under an automobile |
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8 | 8 | | insurance policy. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 1952, Insurance Code, is |
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11 | 11 | | amended by adding Sections 1952.0515 and 1952.0545 to read as |
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12 | 12 | | follows: |
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13 | 13 | | Sec. 1952.0515. REQUIRED COVERAGE. An agent or insurer, |
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14 | 14 | | including a county mutual insurance company, may not deliver or |
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15 | 15 | | issue for delivery in this state a personal automobile insurance |
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16 | 16 | | policy unless the policy provides at least the minimum coverage |
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17 | 17 | | specified by Subchapter D, Chapter 601, Transportation Code. |
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18 | 18 | | Sec. 1952.0545. REQUIRED DISCLOSURE REGARDING NAMED DRIVER |
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19 | 19 | | POLICIES; PERSONS IN INSURED'S HOUSEHOLD. (a) In this section, |
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20 | 20 | | "named driver policy" means an automobile insurance policy that |
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21 | 21 | | does not provide coverage for an individual residing in a named |
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22 | 22 | | insured's household specifically unless the individual is named on |
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23 | 23 | | the policy. The term includes an automobile insurance policy that |
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24 | 24 | | has been endorsed to provide coverage only for drivers specifically |
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25 | 25 | | named on the policy. |
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26 | 26 | | (b) Before accepting any premium or fee for a named driver |
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27 | 27 | | policy, an agent or insurer, including a county mutual insurance |
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28 | 28 | | company, must make the following disclosure, orally and in writing, |
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29 | 29 | | to the applicant or insured: |
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30 | 30 | | WARNING: A NAMED DRIVER POLICY DOES NOT PROVIDE |
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31 | 31 | | COVERAGE FOR INDIVIDUALS RESIDING IN THE INSURED'S |
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32 | 32 | | HOUSEHOLD THAT ARE NOT NAMED ON THE POLICY. |
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33 | 33 | | (c) Before accepting any premium or fee for a named driver |
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34 | 34 | | policy, an agent or insurer, including a county mutual insurance |
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35 | 35 | | company, must receive a copy of the disclosure described by |
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36 | 36 | | Subsection (b) that is signed by the applicant or insured. |
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37 | 37 | | (d) An agent or insurer, including a county mutual insurance |
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38 | 38 | | company, that delivers or issues for delivery a named driver policy |
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39 | 39 | | in this state shall specifically include in the policy and |
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40 | 40 | | conspicuously identify on the front of any proof of insurance |
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41 | 41 | | document issued to the insured the required disclosure under |
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42 | 42 | | Subsection (b). |
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43 | 43 | | (e) The agent or insurer shall require the applicant or |
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44 | 44 | | insured to confirm contemporaneously in writing the provision of |
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45 | 45 | | oral disclosure pursuant to Subsection (b). |
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46 | 46 | | SECTION 2. Section 601.081, Transportation Code, is amended |
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47 | 47 | | to read as follows: |
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48 | 48 | | Sec. 601.081. STANDARD PROOF OF MOTOR VEHICLE LIABILITY |
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49 | 49 | | INSURANCE FORM. (a) In this section, "named driver policy" has |
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50 | 50 | | the meaning assigned by Section 1952.0545, Insurance Code. |
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51 | 51 | | (b) A standard proof of motor vehicle liability insurance |
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52 | 52 | | form prescribed by the Texas Department of Insurance must include: |
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53 | 53 | | (1) the name of the insurer; |
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54 | 54 | | (2) the insurance policy number; |
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55 | 55 | | (3) the policy period; |
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56 | 56 | | (4) the name and address of each insured; |
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57 | 57 | | (5) the policy limits or a statement that the coverage |
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58 | 58 | | of the policy complies with the minimum amounts of motor vehicle |
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59 | 59 | | liability insurance required by this chapter; [and] |
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60 | 60 | | (6) the make and model of each covered vehicle; and |
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61 | 61 | | (7) for a named driver policy, the required disclosure |
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62 | 62 | | under Section 1952.0545, Insurance Code. |
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63 | 63 | | SECTION 3. This Act applies only to an insurance policy that |
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64 | 64 | | is delivered, issued for delivery, or renewed on or after January 1, |
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65 | 65 | | 2014. A policy delivered, issued for delivery, or renewed before |
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66 | 66 | | January 1, 2014, is governed by the law as it existed immediately |
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67 | 67 | | before the effective date of this Act, and that law is continued in |
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68 | 68 | | effect for that purpose. |
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69 | 69 | | SECTION 4. This Act takes effect September 1, 2013. |
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