Bill Text: TX HB3430 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to dispute resolution for certain claims arising under insurance policies issued by the Fair Access to Insurance Requirements (FAIR) Plan Association; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB3430 Detail]

Download: Texas-2017-HB3430-Introduced.html
  85R13322 BEE-F
 
  By: Bonnen of Galveston H.B. No. 3430
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to dispute resolution for certain claims arising under
  insurance policies issued by the Fair Access to Insurance
  Requirements (FAIR) Plan Association; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2211.003, Insurance Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Subsection (a) does not apply to a person who is
  required to resolve a dispute under Subchapter D-1.
         SECTION 2.  Subchapter A, Chapter 2211, Insurance Code, is
  amended by adding Sections 2211.004 and 2211.005 to read as
  follows:
         Sec. 2211.004.  CERTAIN CONDUCT IN DISPUTE RESOLUTION
  PROHIBITED. (a) For purposes of this section, "presiding officer"
  includes a judge, mediator, arbitrator, appraiser, or panel member.
         (b)  If a person insured under this chapter is assigned to
  act as presiding officer to preside over or resolve a dispute
  involving the association and another person insured under this
  chapter, the presiding officer shall, not later than the seventh
  day after the date of assignment, give written notice to the
  association and to each other party to the dispute, or the
  association's or other party's attorney, that the presiding officer
  is insured under this chapter.
         (c)  In a proceeding with respect to which the commissioner
  has authority to designate the presiding officer, the association
  or other party that receives notice under Subsection (b) may file
  with the commissioner a written objection to the assignment of the
  presiding officer to the dispute. The written objection must
  contain the factual basis on which the association or other party
  objects to the assignment.
         (d)  The commissioner shall assign a different presiding
  officer to the dispute if, after reviewing the objection filed
  under Subsection (c), the commissioner determines that the
  presiding officer originally assigned to the dispute has a direct
  financial or personal interest in the outcome of the dispute.
         (e)  The association or other party must file an objection
  under Subsection (c) not later than the earlier of:
               (1)  the seventh day after the date the association or
  other party receives actual notice that the presiding officer is
  insured under this chapter; or
               (2)  the seventh day before the date of the first
  proceeding concerning the dispute.
         (f)  The commissioner may, on a showing of good cause, extend
  the deadline to file an objection under Subsection (e).
         Sec. 2211.005.  APPLICABILITY OF CERTAIN OTHER LAW. (a)  A
  person may not bring a private action against the association,
  including a claim against an agent or representative of the
  association, under Chapter 541 or 542.  Notwithstanding any other
  provision of this code or this chapter, a class action under
  Subchapter F, Chapter 541, or under Rule 42, Texas Rules of Civil
  Procedure, may be brought against the association only by the
  attorney general at the request of the department.
         (b)  Chapter 542 does not apply to the processing and
  settlement of claims by the association.
         SECTION 3.  Subchapter D, Chapter 2211, Insurance Code, is
  amended by adding Sections 2211.158 and 2211.159 to read as
  follows:
         Sec. 2211.158.  REQUIRED POLICY PROVISIONS: DEADLINE FOR
  FILING CLAIM; NOTICE CONCERNING RESOLUTION OF CERTAIN DISPUTES.
  (a)  An insurance policy issued by the association must:
               (1)  require an insured to file a claim under the policy
  not later than the first anniversary of the date on which the damage
  to property that is the basis of the claim occurs; and
               (2)  contain, in boldface type, a conspicuous notice
  concerning the resolution of disputes under the policy, including:
                     (A)  the processes and deadlines for appraisal
  under Section 2211.174 and alternative dispute resolution under
  Section 2211.175;
                     (B)  the binding effect of appraisal under Section
  2211.174; and
                     (C)  the necessity of complying with the
  requirements of Subchapter D-1 to seek relief, including judicial
  relief.
         (b)  The commissioner, on a showing of good cause by a person
  insured under this chapter, may extend the one-year period
  described by Subsection (a)(1) for a period not to exceed 180 days.
         Sec. 2211.159.  VOLUNTARY ARBITRATION OF CERTAIN COVERAGE
  AND CLAIM DISPUTES. (a)  A person insured under this chapter may
  elect to purchase a binding arbitration endorsement in a form
  prescribed by the commissioner.  A person who elects to purchase an
  endorsement under this section must arbitrate a dispute involving
  an act, ruling, or decision of the association relating to the
  payment of, the amount of, or the denial of the claim.
         (b)  An arbitration under this section shall be conducted in
  the manner and under rules and deadlines prescribed by the
  commissioner by rule.
         (c)  The association may offer a person insured under this
  chapter an actuarially justified premium discount on a policy
  issued by the association if the person elects to purchase a binding
  arbitration endorsement under this section. The premium discount
  may not exceed 10 percent of the premium for the policy, before the
  application of the discount.
         (d)  The commissioner shall adopt rules necessary to
  implement and enforce this section, including rules defining
  "actuarially justified" for the purposes of this section.
         SECTION 4.  Chapter 2211, Insurance Code, is amended by
  adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1. CLAIMS: SETTLEMENT AND DISPUTE RESOLUTION
         Sec. 2211.171.  DEFINITIONS. In this subchapter:
               (1)  "Association policy" means an insurance policy
  issued by the association.
               (2)  "Claim" means a request for payment under an
  association policy. The term also includes any other claim against
  the association, or an agent or representative of the association,
  relating to an insured loss, under any theory or cause of action of
  any kind, regardless of the theory under which the claim is
  asserted, the cause of action brought, or the type of damages
  sought.
               (3)  "Claimant" means a person who makes a claim.
         Sec. 2211.172.  EXCLUSIVE REMEDIES AND LIMITATION ON AWARD.
  (a) This subchapter provides the exclusive remedies for a claim
  against the association, including an agent or representative of
  the association.
         (b)  Subject to Section 2211.176, the association may not be
  held liable for any amount other than covered losses payable under
  the terms of the association policy.
         (c)  The association, or an agent or representative of the
  association, may not be held liable for damages under Chapter 17,
  Business & Commerce Code, or, except as otherwise specifically
  provided by this chapter, under any provision of any law providing
  for additional damages, exemplary damages, or a penalty.
         Sec. 2211.173.  FILING OF CLAIM; CLAIM PROCESSING. (a)
  Subject to Section 2211.158(b), an insured must file a claim under
  an association policy not later than the first anniversary of the
  date on which the damage to property that is the basis of the claim
  occurs.
         (b)  The claimant may submit written materials, comments,
  documents, records, and other information to the association
  relating to the claim. If the claimant fails to submit information
  in the claimant's possession that is necessary for the association
  to determine whether to accept or reject the claim, the association
  may, not later than the 30th day after the date the claim is filed,
  request in writing the necessary information from the claimant.
         (c)  The association shall, on request, provide a claimant
  reasonable access to all information relevant to the determination
  of the association concerning the claim. The claimant may copy the
  information at the claimant's own cost or may request the
  association to provide a copy of all or part of the information to
  the claimant. The association may charge a claimant the actual cost
  incurred by the association in providing a copy of information
  under this section, excluding any amount for labor involved in
  making any information or copy of information available to a
  claimant.
         (d)  Unless the applicable 60-day period described by this
  subsection is extended by the commissioner under Section 2211.180,
  not later than the later of the 60th day after the date the
  association receives a claim or the 60th day after the date the
  association receives information requested under Subsection (b),
  the association shall provide the claimant, in writing,
  notification that:
               (1)  the association has accepted coverage for the
  claim in full;
               (2)  the association has accepted coverage for the
  claim in part and has denied coverage for the claim in part; or
               (3)  the association has denied coverage for the claim
  in full.
         (e)  In a notice provided under Subsection (d)(1), the
  association must inform the claimant of the amount of loss the
  association will pay and of the time limit to demand appraisal under
  Section 2211.174.
         (f)  In a notice provided under Subsection (d)(2) or (3), the
  association must inform the claimant of, as applicable:
               (1)  the portion of the loss for which the association
  accepts coverage and the amount of loss the association will pay;
               (2)  the portion of the loss for which the association
  denies coverage and a detailed summary of the manner in which the
  association determined not to accept coverage for that portion of
  the claim; and
               (3)  the time limit to:
                     (A)  demand appraisal under Section 2211.174 of
  the portion of the loss for which the association accepts coverage;
  and
                     (B)  provide notice of intent to bring an action
  as required by Section 2211.175.
         (g)  In addition to a notice provided under Subsection (d)(2)
  or (3), the association shall provide a claimant with a form on
  which the claimant may provide the association notice of intent to
  bring an action as required by Section 2211.175.
         Sec. 2211.1731.  PAYMENT OF CLAIM. (a) Except as provided
  by Subsection (b), if the association notifies a claimant under
  Section 2211.173(d)(1) or (2) that the association has accepted
  coverage for a claim in full or has accepted coverage for a claim in
  part, the association shall pay the accepted claim or accepted
  portion of the claim not later than the 10th day after the date
  notice is made.
         (b)  If payment of the accepted claim or accepted portion of
  the claim is conditioned on the performance of an act by the
  claimant, the association shall pay the claim not later than the
  10th day after the date the act is performed.
         Sec. 2211.174.  DISPUTES CONCERNING AMOUNT OF ACCEPTED
  COVERAGE. (a) If the association accepts coverage for a claim in
  full and a claimant disputes only the amount of loss the association
  will pay for the claim, or if the association accepts coverage for a
  claim in part and a claimant disputes the amount of loss the
  association will pay for the accepted portion of the claim, the
  claimant may request from the association a detailed summary of the
  manner in which the association determined the amount of loss the
  association will pay.
         (b)  If a claimant disputes the amount of loss the
  association will pay for a claim or a portion of a claim, the
  claimant, not later than the 60th day after the date the claimant
  receives the notice described by Section 2211.173(d)(1) or (2), may
  demand appraisal in accordance with the terms of the association
  policy.
         (c)  If a claimant, on a showing of good cause and not later
  than the 15th day after the expiration of the 60-day period
  described by Subsection (b), requests in writing that the 60-day
  period be extended, the association may grant an additional 30-day
  period in which the claimant may demand appraisal.
         (d)  If a claimant demands appraisal under this section:
               (1)  the appraisal must be conducted as provided by the
  association policy; and
               (2)  the claimant and the association are responsible
  in equal shares for paying any costs incurred or charged in
  connection with the appraisal, including a fee charged under
  Subsection (e).
         (e)  If a claimant demands appraisal under this section and
  the appraiser retained by the claimant and the appraiser retained
  by the association are able to agree on an appraisal umpire to
  participate in the resolution of the dispute, the appraisal umpire
  is the umpire chosen by the two appraisers. If the appraiser
  retained by the claimant and the appraiser retained by the
  association are unable to agree on an appraisal umpire to
  participate in the resolution of the dispute, the commissioner
  shall select an appraisal umpire from a roster of qualified umpires
  maintained by the department. The department may:
               (1)  require appraisers to register with the department
  as a condition of being placed on the roster; and
               (2)  charge a reasonable registration fee to defray the
  cost incurred by the department in maintaining the roster and the
  commissioner in selecting an appraisal umpire under this
  subsection.
         (f)  Except as provided by Subsection (g), the appraisal
  decision is binding on the claimant and the association as to the
  amount of loss the association will pay for a fully accepted claim
  or the accepted portion of a partially accepted claim and is not
  appealable or otherwise reviewable. A claimant that does not
  demand appraisal before the expiration of the periods described by
  Subsections (b) and (c) waives the claimant's right to contest the
  association's determination of the amount of loss the association
  will pay with reference to a fully accepted claim or the accepted
  portion of a partially accepted claim.
         (g)  A claimant or the association may, not later than the
  second anniversary of the date of an appraisal decision, file an
  action in a district court in the county in which the loss that is
  the subject of the appraisal occurred to vacate the appraisal
  decision and begin a new appraisal process if:
               (1)  the appraisal decision was obtained by corruption,
  fraud, or other undue means;
               (2)  the rights of the claimant or the association were
  prejudiced by:
                     (A)  evident partiality by an appraisal umpire;
                     (B)  corruption in an appraiser or appraisal
  umpire; or
                     (C)  misconduct or wilful misbehavior of an
  appraiser or appraisal umpire; or
               (3)  an appraiser or appraisal umpire:
                     (A)  exceeded the appraiser's or appraisal
  umpire's powers;
                     (B)  refused to postpone the appraisal after a
  showing of sufficient cause for the postponement;
                     (C)  refused to consider evidence material to the
  claim; or
                     (D)  conducted the appraisal in a manner that
  substantially prejudiced the rights of the claimant or the
  association.
         (h)  Except as provided by Subsection (g), a claimant may not
  bring an action against the association with reference to a claim
  for which the association has accepted coverage in full.
         Sec. 2211.175.  DISPUTES CONCERNING DENIED COVERAGE. (a)
  If the association denies coverage for a claim in part or in full
  and the claimant disputes that determination, the claimant, not
  later than the expiration of the limitations period described by
  Section 2211.177(a) but after the date the claimant receives the
  notice described by Section 2211.173(d)(2) or (3), must provide the
  association with notice that the claimant intends to bring an
  action against the association concerning the partial or full
  denial of the claim. A claimant that does not provide notice of
  intent to bring an action before the expiration of the period
  described by this subsection waives the claimant's right to contest
  the association's partial or full denial of coverage and is barred
  from bringing an action against the association concerning the
  denial of coverage.
         (b)  If a claimant provides notice of intent to bring an
  action under Subsection (a), the association may require the
  claimant, as a prerequisite to filing the action against the
  association, to submit the dispute to alternative dispute
  resolution by mediation or moderated settlement conference, as
  provided by Chapter 154, Civil Practice and Remedies Code.
         (c)  The association must request alternative dispute
  resolution of a dispute described by Subsection (b) not later than
  the 60th day after the date the association receives from the
  claimant notice of intent to bring an action.
         (d)  Alternative dispute resolution under this section must
  be completed not later than the 60th day after the date a request
  for alternative dispute resolution is made under Subsection (c).
  The 60-day period described by this subsection may be extended by
  the commissioner in accordance with Section 2211.180 or by the
  association and a claimant by mutual consent.
         (e)  If the claimant is not satisfied after completion of
  alternative dispute resolution, or if alternative dispute
  resolution is not completed before the expiration of the 60-day
  period described by Subsection (d) or any extension under that
  subsection, the claimant may bring an action against the
  association in a district court in the county in which the loss that
  is the subject of the coverage denial occurred. An action brought
  under this subsection shall be presided over by a judge appointed by
  the judicial panel on multidistrict litigation designated under
  Section 74.161, Government Code. A judge appointed under this
  section must be an active judge, as defined by Section 74.041,
  Government Code, who is a resident of the county in which the loss
  that is the basis of the disputed denied coverage occurred or of a
  county adjacent to the county in which that loss occurred.
         (f)  If a claimant brings an action against the association
  concerning a partial or full denial of coverage, the court shall
  abate the action until the notice of intent to bring an action has
  been provided and, if requested by the association, the dispute has
  been submitted to alternative dispute resolution, in accordance
  with this section.
         (g)  A moderated settlement conference under this section
  may be conducted by a panel consisting of one or more impartial
  third parties.
         (h)  If the association requests mediation under this
  section, the claimant and the association are responsible in equal
  shares for paying any costs incurred or charged in connection with
  the mediation.
         (i)  If the association requests mediation under this
  section, and the claimant and the association are able to agree on a
  mediator, the mediator is the mediator agreed to by the claimant and
  the association. If the claimant and the association are unable to
  agree on a mediator, the commissioner shall select a mediator from a
  roster of qualified mediators maintained by the department. The
  department may:
               (1)  require mediators to register with the department
  as a condition of being placed on the roster; and
               (2)  charge a reasonable registration fee to defray the
  cost incurred by the department in maintaining the roster and the
  commissioner in selecting a mediator under this subsection.
         (j)  The commissioner shall establish rules to implement
  this section, including provisions for expediting alternative
  dispute resolution, facilitating the ability of a claimant to
  appear with or without counsel, establishing qualifications
  necessary for mediators to be placed on the roster maintained by the
  department under Subsection (i), and providing that formal rules of
  evidence shall not apply to the proceedings.
         Sec. 2211.176.  ISSUES BROUGHT TO SUIT; LIMITATIONS ON
  RECOVERY. (a) The only issues a claimant may raise in an action
  brought against the association under Section 2211.175 are:
               (1)  whether the association's denial of coverage was
  proper; and
               (2)  the amount of the damages described by Subsection
  (b) to which the claimant is entitled, if any.
         (b)  Except as provided by Subsections (c) and (d), a
  claimant that brings an action against the association under
  Section 2211.175 may recover only:
               (1)  the covered loss payable under the terms of the
  association policy less, if applicable, the amount of loss already
  paid by the association for any portion of a covered loss for which
  the association accepted coverage;
               (2)  prejudgment interest from the first day after the
  date specified in Section 2211.1731 by which the association was or
  would have been required to pay an accepted claim or the accepted
  portion of a claim, at the prejudgment interest rate provided by
  Subchapter B, Chapter 304, Finance Code; and
               (3)  court costs and reasonable and necessary
  attorney's fees.
         (c)  Nothing in this chapter, including Subsection (b), may
  be construed to limit the consequential damages, or the amount of
  consequential damages, that a claimant may recover under common law
  in an action against the association.
         (d)  A claimant that brings an action against the association
  under Section 2211.175 may, in addition to the covered loss
  described by Subsection (b)(1) and any consequential damages
  recovered by the claimant under common law, recover damages in an
  amount not to exceed the aggregated amount of the covered loss
  described by Subsection (b)(1) and the consequential damages
  recovered under common law if the claimant proves by clear and
  convincing evidence that the association mishandled the claimant's
  claim to the claimant's detriment by intentionally:
               (1)  failing to meet the deadlines or timelines
  established under this subchapter without good cause, including the
  applicable deadline established under Section 2211.1731 for
  payment of an accepted claim or the accepted portion of a claim;
               (2)  failing to provide the notice required under
  Section 2211.173(d);
               (3)  rejecting a claim without conducting a reasonable
  investigation with respect to the claim; or
               (4)  denying coverage for a claim in part or in full if
  the association's liability has become reasonably clear as a result
  of the association's investigation with respect to the portion of
  the claim that was denied.
         (e)  For purposes of Subsection (d), "intentionally" means
  actual awareness of the facts surrounding the act or practice
  listed in Subsection (d)(1), (2), (3), or (4), coupled with the
  specific intent that the claimant suffer harm or damages as a result
  of the act or practice. Specific intent may be inferred from
  objective manifestations that the association acted intentionally
  or from facts that show that the association acted with flagrant
  disregard of the duty to avoid the acts or practices listed in
  Subsection (d)(1), (2), (3), or (4).
         Sec. 2211.177.  LIMITATIONS PERIOD. (a) Notwithstanding
  any other law, a claimant that brings an action against the
  association under Section 2211.175 must bring the action not later
  than the second anniversary of the date on which the person receives
  a notice described by Section 2211.173(d)(2) or (3).
         (b)  This section is a statute of repose and controls over
  any other applicable limitations period.
         Sec. 2211.178.  CONSTRUCTION WITH OTHER LAW. (a)  To the
  extent of any conflict between a provision of this subchapter and
  any other law, the provision of this subchapter prevails.
         (b)  Notwithstanding any other law, the association may not
  bring an action against a claimant, for declaratory or other
  relief, before the 180th day after the date an appraisal under
  Section 2211.174, or alternative dispute resolution under Section
  2211.175, is completed.
         Sec. 2211.179.  RULEMAKING. (a) The commissioner shall
  adopt rules regarding the provisions of this subchapter, including
  rules concerning:
               (1)  qualifications and selection of appraisers for the
  appraisal procedure and mediators for the mediation process;
               (2)  procedures and deadlines for the payment and
  handling of claims by the association as well as the procedures and
  deadlines for a review of a claim by the association; and
               (3)  any other matters regarding the handling of claims
  that are not inconsistent with this subchapter.
         (b)  All rules adopted by the commissioner under this section
  must promote the fairness of the process, protect the rights of
  aggrieved policyholders, and ensure that policyholders may
  participate in the claims review process without the necessity of
  engaging legal counsel.
         Sec. 2211.180.  COMMISSIONER EXTENSION OF DEADLINES. (a)
  The commissioner, on a showing of good cause, may extend any
  deadline established under this subchapter.
         (b)  For the purposes of Subsection (a), "good cause"
  includes military deployment.
         Sec. 2211.181.  OMBUDSMAN PROGRAM. (a) The department
  shall establish an ombudsman program to provide information and
  educational programs to assist persons insured under this chapter
  with the claim processes under this subchapter.
         (b)  Not later than March 1 of each year, the department
  shall prepare and submit to the commissioner a budget for the
  ombudsman program, including approval of all expenditures incurred
  in administering and operating the program. The commissioner shall
  adopt or modify and adopt the budget not later than April 1 of the
  year in which the budget is submitted.
         (c)  Not later than May 1 of each year, the association shall
  transfer to the ombudsman program money in an amount equal to the
  amount of the budget adopted under Subsection (b). The ombudsman
  program, not later than April 30 of each year, shall return to the
  association any unexpended funds that the program received from the
  association in the previous year.
         (d)  The department shall, not later than the 60th day after
  the date of a catastrophic event, as defined by the commissioner for
  the purposes of this subsection, prepare and submit an amended
  budget to the commissioner for approval and report to the
  commissioner the approximate number of claimants eligible for
  ombudsman services. The commissioner shall adopt rules as
  necessary to implement an amended budget submitted under this
  section, including rules regarding the transfer of additional money
  from the association to the program.
         (e)  The ombudsman program may provide to persons insured
  under this chapter information and educational programs through:
               (1)  informational materials;
               (2)  toll-free telephone numbers;
               (3)  public meetings;
               (4)  outreach centers;
               (5)  the Internet; and
               (6)  other reasonable means.
         (f)  The ombudsman program is administratively attached to
  the department. The department shall provide the staff, services,
  and facilities necessary for the ombudsman program to operate,
  including:
               (1)  administrative assistance and service, including
  budget planning and purchasing;
               (2)  personnel services;
               (3)  office space; and
               (4)  computer equipment and support.
         (g)  The ombudsman program shall prepare and make available
  to each person insured under this chapter information describing
  the functions of the ombudsman program.
         (h)  The association, in the manner prescribed by the
  commissioner by rule, shall notify each person insured under this
  chapter concerning the operation of the ombudsman program.
         (i)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 5.  (a) Except as otherwise specifically provided
  by this section, this Act applies only to an insurance policy that
  is delivered, issued for delivery, or renewed by the Fair Access to
  Insurance Requirements Plan Association on or after the 60th day
  after the effective date of this Act. An insurance policy that is
  delivered, issued for delivery, or renewed by the Fair Access to
  Insurance Requirements Plan Association before the 60th day after
  the effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  The deadline to file a claim under an insurance policy
  delivered, issued for delivery, or renewed before the 60th day
  after the effective date of this Act by the Fair Access to Insurance
  Requirements Plan Association is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (c)  If a person insured by the Fair Access to Insurance
  Requirements Plan Association disputes the amount the association
  will pay for a partially or fully accepted claim filed by the
  person, Section 2211.174, Insurance Code, as added by this Act,
  applies only if the insurance policy under which the claim is filed
  is delivered, issued for delivery, or renewed on or after the 60th
  day after the effective date of this Act.
         (d)  If a person insured by the Fair Access to Insurance
  Requirements Plan Association disputes the amount the association
  will pay for a partially or fully accepted claim filed by the person
  and the insurance policy under which the claim is filed is
  delivered, issued for delivery, or renewed before the 60th day
  after the effective date of this Act:
               (1)  Section 2211.174, Insurance Code, as added by this
  Act, does not apply to the resolution of the dispute; and
               (2)  notwithstanding any other provision of this Act,
  the claimant must attempt to resolve the dispute through any
  appraisal process contained in the association policy under which
  the claim is filed before an action may be brought against the Fair
  Access to Insurance Requirements Plan Association concerning the
  claim.
         (e)  The person insured by the Fair Access to Insurance
  Requirements Plan Association and the association may agree that an
  appraisal conducted under Subsection (d)(2) of this section is
  binding on the parties.
         (f)  An action brought against the association concerning a
  claim described by Subsection (d) of this section shall be abated
  until the appraisal process under Subsection (d)(2) of this section
  is completed.
         (g)  Notwithstanding Sections 2211.175 and 2211.176,
  Insurance Code, as added by this Act, Subsection (b) of this
  section, or any other provision of this Act, Sections 2211.176(b),
  (c), (d), and (e), Insurance Code, apply to any cause of action that
  accrues against the Fair Access to Insurance Requirements Plan
  Association on or after the effective date of this Act and the basis
  of which is a claim filed under an insurance policy that is
  delivered, issued for delivery, or renewed by the association,
  regardless of the date on which the policy was delivered, issued for
  delivery, or renewed.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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