Texas 2015 - 84th Regular

Texas Senate Bill SB1166

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

Caption

Relating to recovery of damages for delay of payment of certain insurance claims.

Impact

Moreover, SB1166 sets out specific situations where insurers could be exempt from liability for delayed payments. For instance, if it is determined through arbitration that a claim is invalid, or if the damages awarded are less than a significant percentage of the insurer's prior settlement offer, the insurer's obligation to pay additional damages may be limited. Additionally, the bill allows for small claims actions, where the total recovery in such cases cannot exceed twice the disputed amount. This could potentially make the legal process more accessible for claimants pursuing smaller amounts.

Summary

SB1166 introduces significant changes to the Texas Insurance Code concerning the delay of payment for insurance claims. The bill aims to establish clearer guidelines for insurers regarding their obligations in handling claims and the associated penalties for non-compliance. One key aspect of the bill is the requirement for claimants to provide an affidavit detailing the damages they intend to seek, which must be submitted thirty days before any lawsuit is filed. This provision aims to streamline the claim process and ensure that all parties are aware of the potential liabilities ahead of legal action.

Contention

While the bill brings structure to the legal framework governing insurance claims, it is not without contention. Supporters argue that the bill promotes better compliance and accountability among insurance providers, thereby protecting consumers. However, critics express concerns that the added requirements for claimants, such as submitting an affidavit, may dissuade individuals from pursuing legitimate claims or complicate the claims process. There is a fear that these stipulations may inadvertently benefit insurers by pushing claimants toward settlement rather than litigation, creating an imbalance of power in the insurance claim process.

Notable_points

Overall, SB1166 seeks to balance the interests of insurers and consumers in Texas, making clear the responsibilities of insurers in handling claims and the legal recourse available to policyholders. Its implications could lead to a more regulated insurance environment, but the necessity for claimants to navigate additional legal pathways may impact their willingness to seek the remedies they are entitled to.

Companion Bills

No companion bills found.

Previously Filed As

TX SB675

Relating to small business recovery funds and insurance tax credits for certain investments in those funds; imposing a monetary penalty; authorizing fees.

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB790

Relating to the processes for and the adjudication and payment of certain claims under the workers' compensation system.

TX SB1268

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

TX HB1718

Relating to rural development funds and insurance tax credits for certain investments in those funds; authorizing fees.

TX SB176

Relating to the establishment of the Texas Parental Empowerment Program and an insurance premium tax credit for contributions made for purposes of that program.

TX HB4807

Relating to the establishment of the Texas Parental Empowerment Program and an insurance premium tax credit for contributions made for purposes of that program.

TX HB27

Relating to the establishment of the Texas Parental Empowerment Program and an insurance premium tax credit for contributions made for purposes of that program.

Similar Bills

CA AB402

Office of the Claimant Advocate and Stakeholder Advisory Group.

CA SB1384

Labor Commissioner: financially disabled persons: representation.

AZ HB2813

Erroneous convictions; compensation

CA AB401

Employment Development Department: language translations.

AZ SB1500

Compensation; erroneous convictions

CA SB490

Victim compensation.

CA SB530

Exoneration: compensation.

CA SB975

Debt: coerced debts.