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AN ACT
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relating to liability insurance closed claim reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.153(a), Insurance Code, is amended to |
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read as follows: |
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(a) Not later than the 10th day after the last day of the |
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calendar quarter in which a claim for recovery under a liability |
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insurance policy is closed, the insurer shall file with the |
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department a closed claim report if the indemnity payment for |
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bodily injury under the coverage is $75,000 [$25,000] or more. |
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SECTION 2. Section 38.155(a), Insurance Code, is amended to |
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read as follows: |
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(a) An insurer shall file with the department a summary |
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closed claim report for a claim for recovery under a liability |
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insurance policy if the indemnity payment for bodily injury under |
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the coverage is less than $75,000 [$25,000] but more than $25,000 |
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[$10,000]. |
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SECTION 3. Section 38.157(a), Insurance Code, is amended to |
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read as follows: |
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(a) An insurer shall file with the department one report |
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containing the information required under this section for all |
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claims closed within the calendar year for which the indemnity |
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payments for bodily injury under the coverage are $25,000 [$10,000] |
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or less, including claims for which an indemnity payment is not made |
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on closing. |
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SECTION 4. Section 38.158, Insurance Code, is amended to |
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read as follows: |
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Sec. 38.158. ALTERNATIVE REPORTING. (a) After notice and |
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public hearing, the commissioner may provide for alternative |
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reporting in the form of sampling of the required closed claim data |
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instead of requiring insurers to file the closed claim data |
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required by this subchapter. |
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(b) The department may use a statistical reporting agency to |
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reconcile the data. |
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SECTION 5. This Act applies only to a closed claim report |
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that is filed with the Texas Department of Insurance on or after the |
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effective date of this Act. A closed claim report that is filed |
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with the department before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2877 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2877 was passed by the Senate on May |
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18, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |