Texas 2025 - 89th Regular

Texas House Bill HB5017

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

Caption

Relating to the effects of unresponsive insureds for a personal automobile insurance policy.

Impact

The implications of HB 5017 on state laws are significant, particularly in how it reforms the obligations of insurers towards third-party claimants. By ensuring that insurers actively attempt to reach out to their clients, the bill seeks to facilitate timely claims processing and enhance the accountability of insured parties in the event of claims. The revised process is expected to streamline claims resolution, reducing the timespan during which third-party claimants might be left in uncertainty regarding their compensation due to inaction from insured parties.

Summary

House Bill 5017 addresses the issue of unresponsive insured parties in the context of personal automobile insurance. This bill mandates that insurance policies must contain a provision that requires the insurer to make at least five attempts to communicate with the named insured within a 45-day period after a third-party liability claim is filed. If the insured does not respond after these attempts, the insurer is required to pay the claim to the third-party claimant as stipulated in the policy, and additionally, to decline to renew the insurance policy thereafter. This legislative move aims to protect third-party claimants from being adversely affected by the unresponsiveness of the insured parties.

Contention

While HB 5017 has its proponents who emphasize the need for compliance and timely communication in the insurance sector, there may be opposing viewpoints regarding its strict communication requirements. Critics might argue that such conditions could impose undue burdens on insurers, especially if a significant number of attempts to communicate remain ineffective. Additionally, the stipulation for automatic claim payment may raise concerns about potential abuse from third-party claimants if insurers struggle to adhere to the communication protocols due to various legitimate reasons.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 1952. Policy Provisions And Forms Forautomobile Insurance
    • Section: New Section

Companion Bills

TX SB1791

Identical Relating to the effects of unresponsive insureds for a personal automobile insurance policy.

Similar Bills

No similar bills found.