SB 1628 - Amends Existing Law Relating to Insurance Claim Lawsuits - Texas Key Vote

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Title: Amends Existing Law Relating to Insurance Claim Lawsuits

Vote Smart's Synopsis:

Vote to pass a bill that amends existing law relating to lawsuits concerning insurance claims for property damage, effective September 1, 2015.

Highlights:

  • Specifies that an insurance company disputing liability regarding a claim for property damage or loss does not constitute an unfair settlement practice (Sec. 2).
  • Requires an insured individual pursuing a lawsuit concerning an insurance claim for property damage or loss to provide written notice to all potential defendants at least 61 days before the action is filed (Sec. 8).
  • Prohibits an insured individual from filing or maintaining a lawsuit against an insurance company’s agent or employee if the following conditions are met (Sec. 4):
    • The insurance company agrees to be liable for any act or omission of the agent or employee of the company within 30 days of receiving written notice of the lawsuit; or
    • The insurance company’s employee or agent is not specifically mentioned in the written notice of the lawsuit.
  • Authorizes an insurance company to delay the payment of a claim beyond the time period required by law if there is a dispute over the insurance company’s liability for payment of the claim (Sec. 10).
  • Requires an insured individual to notify an insurance company of a claim for property damage within 2 years of the damage or loss (Sec. 14).
  • Prohibits a public insurance adjuster from soliciting an insured individual for the primary purpose of referring the insured individual to an attorney, without the intent of providing adjustment services (Sec. 19).
  • Authorizes a public insurance adjuster to recommend a particular attorney to an insured individual (Sec. 19).

Title: Amends Existing Law Relating to Insurance Claim Lawsuits

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