By: Vo H.B. No. 3905
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain documentation of the applicable
limits of coverage in an automobile insurance agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 542, Insurance Code, is
amended by adding Section 542.102 to read as follows:
Sec. 542.102. RELEASE OF COVERAGE INFORMATION UPON WRITTEN
REQUEST OF CLAIMANT'S ATTORNEY (a) Every insurer providing
automobile insurance coverage in this State and which is or may be
liable to pay all or a part of any claim shall provide, within
thirty days of receiving a written request from the claimant's
attorney, a statement stating with regard to each known policy of
nonfleet private passenger insurance issued by it, the name of the
insurer, the name of each insured, and the limits of coverage. The
insurer may provide a copy of the declaration page of each such
policy in lieu of providing such information. The request shall set
forth under oath the specific nature of the claim asserted and shall
be mailed to the insurer by certified mail or statutory overnight
delivery. The request also must state that the attorney is
authorized to make such a request and must be accompanied by a copy
of the incident report from which the claim is derived.
(b) If the request provided in subsection (a) contains
information insufficient to allow compliance, the insurer upon whom
the request was made may so state in writing, stating specifically
what additional information is needed and such compliance shall
constitute compliance with this section.
(c) The information provided to a claimant or his attorney
as required by subsection (a) of this section shall not create a
waiver of any defenses to coverage available to the insurer and
shall not be admissible in evidence.
(d) The information provided to a claimant or his attorney
as required by subsection (a) shall be amended upon the discovery of
facts inconsistent with or in addition to the information provided.
(e) The provisions of this section do not require disclosure
of limits for fleet policy limits, umbrella coverages, or excess
coverages.
(f) The information received pursuant to this section is
confidential and must not be disclosed to any outside party. Upon
final disposition of the case, the claimant's attorney must destroy
all information received pursuant to this section. The court must
impose sanctions for a violation of this subsection.
SECTION 2. This Act takes effect September 1, 2015.