Texas 2023 - 88th Regular

Texas House Bill HB3391

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

Caption

Relating to disclosures by liability insurers and policyholders to third-party claimants; providing an administrative penalty.

Impact

The impact of HB 3391 is significant as it amends the Texas Insurance Code to mandate clarity in the claims process, allowing claimants better insight into the coverage available to them when asserting claims against policyholders. By setting a firm deadline for insurers to respond to requests, the bill aims to streamline the claims process, reduce delays, and potentially improve the overall responsiveness of both insurers and policyholders. The administrative penalties for non-compliance are intended to reinforce the importance of timely and accurate disclosures.

Summary

House Bill 3391 aims to enhance the transparency of liability insurance practices by mandating specific disclosures by insurers and policyholders to third-party claimants. The bill introduces a set of requirements that insurers must follow when they receive written requests for policy information from claimants. Insurers are required to provide a sworn statement detailing relevant policy information, including coverage limits and any applicable policy defenses. Additionally, if there are significant changes affecting the information previously disclosed, insurers must promptly update the claimant with an amended statement.

Sentiment

The general sentiment around HB 3391 appears to lean towards positive support from consumer advocacy groups and those in favor of increased transparency within the insurance industry. Supporters argue that more rigorous disclosure requirements protect the rights of claimants and ensure that they have access to the information they need to make informed decisions about their claims. However, some industry stakeholders may express concerns regarding the potential administrative burden this bill places on insurers, as they might need to allocate additional resources to comply with the new regulations.

Contention

Noteworthy points of contention include the balance between consumer protection and the operational capabilities of insurers. Opponents may argue that increased regulatory requirements could lead to higher operational costs for insurance providers, which could ultimately be passed on to consumers. Additionally, the wording of the bill regarding what constitutes a 'material change' that requires disclosure may be subject to interpretation, leading to potential legal disputes. Overall, the bill facilitates necessary transparency but also raises questions about its implementation and impact on the insurance market.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 542. Processing And Settlement Of Claims
    • Section: New Section

Companion Bills

No companion bills found.

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