Bill Text: TX HB1437 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB1437 Detail]

Download: Texas-2023-HB1437-Introduced.html

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88R2615 CJD-D
By: Clardy H.B. No. 1437

A BILL TO BE ENTITLED
AN ACT
relating to an appraisal procedure for disputed losses under
personal automobile insurance policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1952, Insurance Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. APPRAISAL PROCEDURES
Sec. 1952.401. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to an insurer writing automobile insurance in
this state, including an insurance company, corporation,
reciprocal or interinsurance exchange, mutual insurance company,
capital stock company, association, county mutual insurance
company, Lloyd's plan, and any other insurer.
Sec. 1952.402. REQUIRED POLICY PROVISION: APPRAISAL
PROCEDURE. A personal automobile insurance policy must contain an
appraisal procedure that complies with this subchapter.
Sec. 1952.403. APPRAISAL DEMAND; APPOINTMENT OF
APPRAISERS. (a) An insurer or the named insured may demand an
appraisal not later than the 90th day after the date a proof of loss
is filed with the insurer if the insurer and insured do not agree on
the amount of the loss.
(b) Each party shall appoint a competent appraiser and
notify the other party of that appraiser's identity not later than
the 15th day after the date an appraisal is demanded.
Sec. 1952.404. DETERMINATION OF LOSS. (a) The appraisers
appointed by the parties shall determine the amount of loss.
(b) If the appraisers fail to agree on the amount of loss,
the appraisers shall select a qualified umpire. The appraisers and
umpire shall determine the amount of loss.
(c) The determination of the amount of loss agreed to by
both appraisers or by one appraiser and the umpire is binding on
both parties.
Sec. 1952.405. COURT SELECTION OF UMPIRE. If the two
appraisers are unable to agree on an umpire on or before the 15th
day after the date the appraisers determine an umpire is needed, the
insurer or the named insured may request that a court in the county
in which the named insured resides select the umpire.
Sec. 1952.406. APPRAISAL FEES AND EXPENSES. (a) Each party
is responsible for the party's appraiser's fees and expenses.
(b) If at the end of the appraisal process the amount of loss
is determined to be more than $1 greater than the amount of the
insurer's proposed undisputed loss statement, the insurer shall
refund the named insured's reasonable out-of-pocket expenses for
the insured's appraiser's fees and expenses.
(c) If at the end of the appraisal process the insurer's
proposed undisputed loss statement is determined to be just, the
named insured shall refund the insurer the insurer's appraiser's
fees and expenses.
(d) All other appraisal expenses, including umpire
expenses, are shared evenly between the parties.
Sec. 1952.407. NO RIGHTS WAIVED. An insurer and a named
insured do not waive any rights under the policy that is the subject
of the appraisal by demanding an appraisal.
SECTION 2. The change in law made by this Act applies only
to an insurance policy that is delivered, issued for delivery, or
renewed on or after January 1, 2024.
SECTION 3. This Act takes effect September 1, 2023.