| 1 | 1 | | By: Vo H.B. No. 3905 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the release of certain documentation of the applicable |
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| 7 | 7 | | limits of coverage in an automobile insurance agreement. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 542, Insurance Code, is |
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| 10 | 10 | | amended by adding Section 542.102 to read as follows: |
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| 11 | 11 | | Sec. 542.102. RELEASE OF COVERAGE INFORMATION UPON WRITTEN |
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| 12 | 12 | | REQUEST OF CLAIMANT'S ATTORNEY (a) Every insurer providing |
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| 13 | 13 | | automobile insurance coverage in this State and which is or may be |
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| 14 | 14 | | liable to pay all or a part of any claim shall provide, within |
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| 15 | 15 | | thirty days of receiving a written request from the claimant's |
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| 16 | 16 | | attorney, a statement stating with regard to each known policy of |
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| 17 | 17 | | nonfleet private passenger insurance issued by it, the name of the |
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| 18 | 18 | | insurer, the name of each insured, and the limits of coverage. The |
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| 19 | 19 | | insurer may provide a copy of the declaration page of each such |
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| 20 | 20 | | policy in lieu of providing such information. The request shall set |
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| 21 | 21 | | forth under oath the specific nature of the claim asserted and shall |
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| 22 | 22 | | be mailed to the insurer by certified mail or statutory overnight |
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| 23 | 23 | | delivery. The request also must state that the attorney is |
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| 24 | 24 | | authorized to make such a request and must be accompanied by a copy |
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| 25 | 25 | | of the incident report from which the claim is derived. |
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| 26 | 26 | | (b) If the request provided in subsection (a) contains |
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| 27 | 27 | | information insufficient to allow compliance, the insurer upon whom |
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| 28 | 28 | | the request was made may so state in writing, stating specifically |
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| 29 | 29 | | what additional information is needed and such compliance shall |
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| 30 | 30 | | constitute compliance with this section. |
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| 31 | 31 | | (c) The information provided to a claimant or his attorney |
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| 32 | 32 | | as required by subsection (a) of this section shall not create a |
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| 33 | 33 | | waiver of any defenses to coverage available to the insurer and |
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| 34 | 34 | | shall not be admissible in evidence. |
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| 35 | 35 | | (d) The information provided to a claimant or his attorney |
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| 36 | 36 | | as required by subsection (a) shall be amended upon the discovery of |
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| 37 | 37 | | facts inconsistent with or in addition to the information provided. |
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| 38 | 38 | | (e) The provisions of this section do not require disclosure |
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| 39 | 39 | | of limits for fleet policy limits, umbrella coverages, or excess |
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| 40 | 40 | | coverages. |
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| 41 | 41 | | (f) The information received pursuant to this section is |
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| 42 | 42 | | confidential and must not be disclosed to any outside party. Upon |
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| 43 | 43 | | final disposition of the case, the claimant's attorney must destroy |
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| 44 | 44 | | all information received pursuant to this section. The court must |
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| 45 | 45 | | impose sanctions for a violation of this subsection. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2015. |
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