Bill Text: TX HB1739 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to recovery under uninsured and underinsured motorist insurance coverage.

Spectrum: Moderate Partisan Bill (Democrat 65-15)

Status: (Engrossed) 2019-05-09 - Received from the House [HB1739 Detail]

Download: Texas-2019-HB1739-Engrossed.html
 
 
  By: Geren, Davis of Dallas, Shine, Leach, H.B. No. 1739
      Kuempel, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to recovery under uninsured and underinsured motorist
  insurance coverage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 1952, Insurance Code, is
  amended by adding Sections 1952.1061, 1952.1062, and 1952.1063 to
  read as follows:
         Sec. 1952.1061.  NOTICE OF CLAIM FOR UNFAIR SETTLEMENT
  PRACTICE. For the purpose of Section 541.060, an insured may
  provide notice of a claim for uninsured or underinsured motorist
  coverage by providing a written notification to the insurer that
  reasonably informs the insurer of the facts of the claim.
         Sec. 1592.1062.  LEGAL DETERMINATION NOT PREREQUISITE TO
  RECOVERY FOR UNFAIR SETTLEMENT PRACTICE. A judgment or other legal
  determination establishing the other motorist's liability or the
  extent of the insured's damages is not a prerequisite to recovery in
  an action under Section 541.151 for a violation of Section 541.060.
         Sec. 1592.1063.  LIMITATION ON EXTRA-CONTRACTUAL CAUSES OF
  ACTION. In regard to a claim for uninsured or underinsured motorist
  coverage, the only extra-contractual cause of action available to
  an insured is provided by Section 541.151 to recover damages under
  Section 541.152 for a violation of Section 541.060.
         SECTION 2.  (a) Except as provided by this section, the
  change in law made by this Act applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrues before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         (b)  The change in law made by this Act does not affect the
  enforceability of any provision in an insurance policy delivered,
  issued for delivery, or renewed before January 1, 2020, that
  conflicts with the change in law made by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
feedback