Bill Text: TX HB2146 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to denial or reduction of certain claims under a residential property insurance policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-11 - Left pending in committee [HB2146 Detail]
Download: Texas-2017-HB2146-Introduced.html
85R10724 SCL-F | ||
By: Davis of Dallas | H.B. No. 2146 |
|
||
|
||
relating to denial or reduction of certain claims under a | ||
residential property insurance policy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2002, Insurance Code, is | ||
amended by adding Section 2002.007 to read as follows: | ||
Sec. 2002.007. DENIAL OR REDUCTION OF CLAIM BEFORE | ||
DISCOVERY PROHIBITED. (a) A residential property insurance policy | ||
must contain a provision that prohibits the denial of a claim for | ||
loss or damage to property or the reduction in the amount paid under | ||
the claim if: | ||
(1) the loss or damage is not obvious or readily | ||
apparent to the insured; and | ||
(2) the denial or reduction is based on the insured's | ||
failure to file the claim before the insured: | ||
(A) discovers the loss or damage; or | ||
(B) reasonably should have discovered the loss or | ||
damage described by Paragraph (A). | ||
(b) A residential insurance policy may contain a provision | ||
that requires an insured to report a claim described by Subsection | ||
(a)(1) within a reasonable period, as determined by the | ||
commissioner, after the date the damage is discovered. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a residential property insurance policy delivered, issued for | ||
delivery, or renewed on or after January 1, 2018. A residential | ||
property insurance policy delivered, issued for delivery, or | ||
renewed before January 1, 2018, is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |