Bill Text: TX HB359 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to recovery under uninsured and underinsured motorist insurance coverage.
Spectrum: Moderate Partisan Bill (Democrat 65-16)
Status: (Engrossed - Dead) 2021-05-10 - Received from the House [HB359 Detail]
Download: Texas-2021-HB359-Engrossed.html
| By: Geren, Hunter, Burrows, Clardy, | H.B. No. 359 | |
| Johnson of Dallas, et al. | ||
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| 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. 1952.1062. 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. 1952.1063. 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, 2022, that | ||
| conflicts with the change in law made by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
