What the Hail is Going on in Texas – Part 4 – Insurers have introduced 84(R) HB 3646 Absolution for Insurance Employees who break the Law… Public Adjuster’s Blog

I am getting the info out there. Rest assured, we will address the entire thing, but here is the actual proposed bill.

Link to 84(R) HB 3646

Other links on the previously proposed changes. I have addressed the issue in Part 1, however, now that we have a more specific agenda, we will delve deeper into a breakdown of the proposed changes. Not all of them are bad, but the majority, yes. Bad for consumers.

What the Hail….is Really Going on in Texas – Part 1

What the Hail….is Really Going on in Texas – Part 2

What the Hail….is Really Going on in Texas – Part 3

 

84R12055 AJA-D
	By: Smithee	H.B. No. 3646

	A BILL TO BE ENTITLED
	AN ACT
	relating to insurance claims and certain prohibited acts and
	practices in or in relation to the business of insurance; amending
	provisions that are or may be subject to a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 541.002(2), Insurance Code, is amended
	to read as follows:
	(2)  “Person” means an individual, corporation,
	association, partnership, reciprocal or interinsurance exchange,
	Lloyd’s plan, fraternal benefit society, or other legal entity
	engaged in the business of insurance, including an agent, broker,
	[adjuster,] or life and health insurance counselor. The term does
	not include an individual employed by an insurer as an adjuster or a
	third-party individual or entity engaged by an insurer to provide
	adjusting, estimating, consulting, engineering, or other services
	related to the insurer’s adjustment of a claim.
	SECTION 2.  Section 541.060, Insurance Code, is amended by
	amending Subsection (a) and adding Subsection (c) to read as
	follows:
	(a)  It is an unfair method of competition or an unfair or
	deceptive act or practice in the business of insurance for a person
	to engage in the following unfair settlement practices with respect
	to a claim by an insured or beneficiary:
	(1)  misrepresenting to a claimant a material fact or
	policy provision relating to coverage at issue;
	(2)  failing to attempt in good faith to effectuate a
	prompt, fair, and equitable settlement of:
	(A)  a claim with respect to which the insurer’s
	liability has become reasonably clear; or
	(B)  a claim under one portion of a policy with
	respect to which the insurer’s liability has become reasonably
	clear to influence the claimant to settle another claim under
	another portion of the coverage unless payment under one portion of
	the coverage constitutes evidence of liability under another
	portion;
	(3)  failing to promptly provide to a policyholder a
	reasonable explanation of the basis in the policy, in relation to
	the facts or applicable law, for the insurer’s denial of a claim or
	offer of a compromise settlement of a claim;
	(4)  failing within a reasonable time to:
	(A)  affirm or deny coverage of a claim to a
	policyholder; or
	(B)  submit a reservation of rights to a
	policyholder;
	(5)  refusing, failing, or unreasonably delaying a
	settlement offer under applicable first-party coverage on the basis
	that other coverage may be available or that third parties are
	responsible for the damages suffered, except as may be specifically
	provided in the policy;
	(6)  undertaking to enforce a full and final release of
	a claim from a policyholder when only a partial payment has been
	made, unless the payment is a compromise settlement of a doubtful or
	disputed claim;
	(7)  refusing to pay a claim without conducting a
	reasonable investigation with respect to the claim;
	(8)  with respect to a Texas personal automobile
	insurance policy, delaying or refusing settlement of a claim solely
	because there is other insurance of a different kind available to
	satisfy all or part of the loss forming the basis of that claim; or
	(9)  requiring a claimant as a condition of settling a
	claim to produce the claimant’s federal income tax returns for
	examination or investigation by the person unless:
	(A)  a court orders the claimant to produce those
	tax returns;
	(B)  the claim involves a fire loss; or
	(C)  the claim involves lost profits or income.
	(c)  An insurer is solely responsible for any violation of
	Subsection (a) by:
	(1)  an individual employed by the insurer as an
	adjuster; or
	(2)  a third-party individual or entity engaged by the
	insurer to provide adjusting, estimating, consulting, engineering,
	or other services related to the insurer’s adjustment of a claim.
	SECTION 3.  Section 541.061, Insurance Code, is amended to
	read as follows:
	Sec. 541.061.  MISREPRESENTATION OF INSURANCE POLICY. (a)
	It is an unfair method of competition or an unfair or deceptive act
	or practice in the business of insurance for a person to
	misrepresent an insurance policy by:
	(1)  making an untrue statement of material fact;
	(2)  failing to state a material fact necessary to make
	other statements made not misleading, considering the
	circumstances under which the statements were made;
	(3)  making a statement in a manner that would mislead a
	reasonably prudent person to a false conclusion of a material fact;
	(4)  making a material misstatement of law; or
	(5)  failing to disclose a matter required by law to be
	disclosed, including failing to make a disclosure in accordance
	with another provision of this code.
	(b)  An insurer is solely responsible for any violation of
	Subsection (a) by:
	(1)  an individual employed by the insurer as an
	adjuster; or
	(2)  a third-party individual or entity engaged by the
	insurer to provide adjusting, estimating, consulting, engineering,
	or other services related to the insurer’s adjustment of a claim.
	SECTION 4.  Section 541.151, Insurance Code, is amended to
	read as follows:
	Sec. 541.151.  PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED.
	(a) A person who sustains actual damages may bring an action against
	another person for those damages caused by the other person
	engaging in an act or practice:
	(1)  defined by Subchapter B to be an unfair method of
	competition or an unfair or deceptive act or practice in the
	business of insurance; or
	(2)  specifically enumerated in Section 17.46(b),
	Business & Commerce Code, as an unlawful deceptive trade practice
	if the person bringing the action shows that the person relied on
	the act or practice to the person’s detriment.
	(b)  For purposes of this subchapter, “actual damages” means
	an injury independent of the harm resulting from the insurer’s
	denial of policy benefits. The policy benefits wrongfully
	withheld, as well as any attorney’s fees or costs incurred to
	recover those policy benefits, do not constitute “actual damages”
	for purposes of this section.
	(c)  An insurer is solely responsible for any violation of
	Subsection (a) by:
	(1)  an individual employed by the insurer as an
	adjuster; or
	(2)  a third-party individual or entity engaged by the
	insurer to provide adjusting, estimating, consulting, engineering,
	or other services related to the insurer’s adjustment of a claim.
	SECTION 5.  The heading to Section 541.152, Insurance Code,
	is amended to read as follows:
	Sec. 541.152.  ACTUAL DAMAGES, ATTORNEY’S FEES, AND OTHER
	RELIEF.
	SECTION 6.  Section 541.154, Insurance Code, is amended to
	read as follows:
	Sec. 541.154.  PRIOR NOTICE OF ACTION. (a) An insured [A
	person] seeking damages in an action against an insurer [another
	person under this subchapter] must provide written notice to the
	insurer [other person] not later than the 61st day before the date
	the action is filed.
	(b)  If the amount sought by the insured in the action
	involves a claim for damage items previously submitted to the
	insurer, the [The] notice must contain [advise the other person
	of]:
	(1)  a sworn statement signed by the insured stating
	the specific damage items and the amount alleged to be owed by the
	insurer [the specific complaint]; [and]
	(2)  the amount of the [actual damages and expenses,
	including] attorney’s fees the insured reasonably incurred in
	asserting the claim against the insurer; and
	(3)  a stated amount that includes the amounts
	described by Subdivisions (1) and (2) that the insured will accept
	in full and final satisfaction of the claim [other person].
	(b-1)  If the amount sought by the insured in the action
	involves a claim for damage items not previously submitted to the
	insurer, the notice must contain:
	(1)  a sworn statement signed by the insured stating
	the specific damage items, the amount alleged to be owed by the
	insured, and the reason the damage items were not previously
	submitted to the insurer;
	(2)  copies of reports, estimates, photographs, and
	other items reasonably supporting the insured’s additional damage
	items;
	(3)  a statement that the insured will cooperate in
	allowing the insurer to inspect the insured property for purposes
	of investigating the additional damage items;
	(4)  the amount of the attorney’s fees the insured
	reasonably incurred in asserting the claim against the insurer; and
	(5)  a stated amount that includes the amounts
	described by Subdivisions (1) and (4) that the insured will accept
	in full and final satisfaction of the claim.
	(b-2)  Notice required by this section must be sent to the
	insurer by certified mail, return receipt requested.
	(c)  Notice under this section [The notice] is not required
	if giving notice is impracticable because the action:
	(1)  must be filed to prevent the statute of
	limitations from expiring; or
	(2)  is asserted as a counterclaim.
	SECTION 7.  Section 541.155, Insurance Code, is amended to
	read as follows:
	Sec. 541.155.  ABATEMENT; DISMISSAL. (a) A person against
	whom an action under this subchapter is pending who does not receive
	[the] notice as required by Section 541.154(b) [541.154] may file a
	plea in abatement not later than the 30th day after the date the
	person files an original answer in the court in which the action is
	pending.
	(b)  The court shall abate the action if, after a hearing,
	the court finds that the person is entitled to an abatement because
	the claimant did not provide [the] notice as required by Section
	541.154(b) [541.154].
	(c)  An action is automatically abated without a court order
	beginning on the 11th day after the date a plea in abatement is
	filed if the plea:
	(1)  is verified and alleges that the person against
	whom the action is pending did not receive [the] notice as required
	by Section 541.154(b) [541.154]; and
	(2)  is not controverted by an affidavit filed by the
	claimant before the 11th day after the date the plea in abatement is
	filed.
	(d)  An abatement under this section continues until the 60th
	day after the date notice is provided in compliance with Section
	541.154(b) [541.154].
	(d-1)  A person against whom an action under this subchapter
	is pending who does not receive notice as required by Section
	541.154(b-1) may file a motion to dismiss not later than the 30th
	day after the date the person files an original answer in the court
	in which the action is pending.
	(d-2)  The court shall grant the motion under Subsection
	(d-1) if, after a hearing, the court finds that the person is
	entitled to dismissal because the claimant did not provide notice
	as required by Section 541.154(b-1).
	(e)  Subsections (d-1) and (d-2) do [This section does] not
	apply if Section 541.154(c) applies. If Section 541.154(c)
	applies, the action may not be dismissed but shall be abated in
	accordance with Subsections (b), (c), and (d).
	SECTION 8.  Section 542.053, Insurance Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  This subchapter is not intended to create any right of
	action against an individual employed by an insurer as an adjuster
	or a third-party individual or entity engaged by an insurer to
	provide adjusting, estimating, consulting, engineering, or other
	services related to the insurer’s adjustment of a claim. An insurer
	listed in Section 542.052 is solely responsible under this
	subchapter for an action of an individual employed by the insurer as
	an adjuster or a third-party individual or entity engaged by the
	insurer to provide adjusting, estimating, consulting, engineering,
	or other services related to the insurer’s adjustment of a claim.
	SECTION 9.  Subchapter B, Chapter 542, Insurance Code, is
	amended by adding Section 542.0595 to read as follows:
	Sec. 542.0595.  PRIOR NOTICE OF ACTION; ABATEMENT OR
	DISMISSAL. (a) An insured may not bring suit under Section 542.060
	in connection with a claim for property damage or loss unless the
	insured has provided written notice to the insurer with respect to
	the claim in accordance with Section 541.154.
	(b)  A suit under Section 542.060 is subject to abatement or
	dismissal to the same extent and in the same manner provided by
	Section 541.155 for an action under Subchapter D, Chapter 541.
	SECTION 10.  Section 542.060, Insurance Code, is amended to
	read as follows:
	Sec. 542.060.  LIABILITY FOR VIOLATION OF SUBCHAPTER. (a)
	If an insurer that is liable for a claim under an insurance policy
	knowingly fails to act [is not] in compliance with this subchapter,
	the insurer is liable to pay the holder of the policy or the
	beneficiary making the claim under the policy, in addition to the
	amount of the claim, interest on the unpaid amount of the claim at
	the rate of 18 percent a year as damages, together with reasonable
	attorney’s fees.
	(a-1)  For purposes of Subsection (a), an insurer knowingly
	fails to act in compliance with this subchapter only if the insurer
	is actually aware of the insurer’s failure to pay a claim for which
	the insurer is liable. There is no liability under this section for
	a claim with respect to which there is a bona fide dispute as to
	whether the insurer is liable.
	(b)  If a suit is filed, interest and [the] attorney’s fees
	payable under this section shall be taxed as part of the costs in
	the case.
	(c)  The liability for interest and attorney’s fees provided
	by this section are the exclusive remedy for a violation of this
	subchapter. This section is not intended to affect a right or
	remedy provided by Chapter 541 or any other law outside this
	subchapter.
	SECTION 11.  Subchapter B, Chapter 542, Insurance Code, is
	amended by adding Section 542.0601 to read as follows:
	Sec. 542.0601.  LIABILITY WITH RESPECT TO CERTAIN CLAIMS.
	An insurer is not liable under Section 542.060 with respect to:
	(1)  a claim received by the insurer if it is determined
	through arbitration, litigation, or another dispute resolution
	process that the claim:
	(A)  is not covered under the insurance policy;
	(B)  was properly rejected;
	(C)  is invalid; or
	(D)  otherwise should not be paid by the insurer;
	or
	(2)  a claim with respect to which an appraisal
	process:
	(A)  is invoked under the terms of the policy:
	(i)  by the insurer or insured before the
	commencement of litigation;
	(ii)  by the defendant within 60 days after
	receiving notice of the commencement of litigation; or
	(iii)  by the plaintiff after the
	commencement of litigation; and
	(B)  results in a valid, signed award the amount
	of which is paid by the insurer not later than the 15th day after the
	date the insurer receives the award, consistent with the coverage,
	conditions, and limits provided by the policy, minus any prior
	payments and any applicable deductible amount.
	SECTION 12.  Subtitle A, Title 10, Insurance Code, is
	amended by adding Chapter 1808 to read as follows:
	CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE
	Sec. 1808.001.  DEFINITION. In this chapter, “claim for
	property damage” means a request for payment under an insurance
	policy for damage to or loss of real property or tangible personal
	property alleged to be covered by the policy.
	Sec. 1808.002.  APPLICABILITY OF CHAPTER. This chapter
	applies to any claim under or related to an insurance policy that
	provides insurance coverage against damage to or loss of real
	property or tangible personal property, including a policy issued
	by an insurance company, reciprocal or interinsurance exchange,
	mutual insurance company, capital stock insurance company, county
	mutual insurance company, Lloyd’s plan, or other legal entity
	authorized to write property insurance in this state.
	Sec. 1808.003.  CLAIM FILING PERIOD. (a) A claimant must
	give an insurer prompt written notice of a claim for property damage
	after property covered under the policy is damaged or lost, but in
	no event later than the second anniversary of the date on which the
	damage to or loss of property that is the basis of the claim occurs.
	(b)  Failure to provide notice of a claim for property damage
	by the second anniversary of the date on which the damage to or loss
	of property that is the basis of the claim occurs is an absolute bar
	to recovery on the claim.
	(c)  Nothing in this section precludes an insurer from
	raising any defense available under the terms of its policy
	relating to prompt notice or that is otherwise available under the
	law.
	SECTION 13.  Section 4102.051(a), Insurance Code, is amended
	to read as follows:
	(a)  A person may not act as a public insurance adjuster in
	this state or hold himself or herself out to be a public insurance
	adjuster in this state unless the person holds a license or
	certificate issued by the commissioner under Section 4102.053 or
	[,] 4102.054[, or 4102.069].
	SECTION 14.  Section 4102.066(a), Insurance Code, is amended
	to read as follows:
	(a)  The commissioner shall collect in advance the following
	nonrefundable fees:
	(1)  for a public insurance adjuster license, an
	application fee in an amount to be determined by rule by the
	commissioner;
	(2)  for a nonresident public insurance adjuster
	license, an application fee in an amount to be determined by rule by
	the commissioner; and
	(3)  for each public insurance adjuster examination, a
	fee in an amount to be determined by rule by the commissioner [; and
	[(4)     for a public insurance adjuster trainee
	certificate under Section 4102.069, a registration fee in an amount
	to be determined by rule by the commissioner].
	SECTION 15.  Section 4102.103, Insurance Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  A license holder may not enter into a contract with an
	insured and collect a commission as provided by Section 4102.104
	without the intent to actually perform the services of a licensed
	public insurance adjuster for the insured.
	SECTION 16.  Section 4102.104(d), Insurance Code, is amended
	to read as follows:
	(d)  A public insurance adjuster may not accept any payment
	that violates the provisions of this section [Subsection (c)].
	SECTION 17.  Section 4102.158, Insurance Code, is amended by
	amending Subsection (a) and adding Subsections (d), (e), and (f) to
	read as follows:
	(a)  A license holder may not:
	(1)  participate directly or indirectly in the
	reconstruction, repair, or restoration of damaged property that is
	the subject of a claim adjusted by the license holder; or
	(2)  engage in any other activities that may reasonably
	be construed as presenting a conflict of interest, including
	soliciting or accepting any remuneration from, [or] having a
	financial interest in, or having any immediate family member own or
	operate, any salvage firm, repair firm, construction firm, or other
	firm that obtains business in connection with any claim the license
	holder has a contract or agreement to adjust.
	(d)  A license holder may not enter into a contract with an
	insured for the primary purpose of referring the insured to an
	attorney and without the intent to actually perform for the insured
	the services of a licensed public insurance adjuster .
	(e)  A license holder may not act on behalf of an attorney in
	having an insured sign an attorney representation agreement.
	(f)  A license holder must become familiar with and at all
	times act in conformance with the criminal barratry statute set
	forth in Section 38.12, Penal Code.
	SECTION 18.  Section 4102.160, Insurance Code, is amended to
	read as follows:
	Sec. 4102.160.  CERTAIN PAYMENTS PROHIBITED. A license
	holder may not:
	(1)  advance money to any potential client or insured;
	or
	(2)  pay, allow, or give, or offer to pay, allow, or
	give, directly or indirectly, to a contractor, attorney, or any
	other person who is not a licensed public insurance adjuster a fee,
	commission, or other valuable consideration for the referral of an
	insured to the public insurance adjuster for purposes of [based on]
	the insured entering into a contract with that public insurance
	adjuster or for any other purpose [; or
	[(3)     otherwise offer to pay a fee, commission, or
	other valuable consideration exceeding $100 to a person not
	licensed as a public insurance adjuster for referring an insured to
	the license holder].
	SECTION 19.  Subchapter D, Chapter 4102, Insurance Code, is
	amended by adding Section 4102.164 to read as follows:
	Sec. 4102.164.  ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.
	(a)  A licensed public insurance adjuster may not accept a fee,
	commission, or other valuable consideration of any nature,
	regardless of form or amount, in exchange for the referral by a
	licensed public insurance adjuster of an insured to any third-party
	individual or firm, including but not limited to an attorney,
	appraiser, umpire, construction company, contractor, or salvage
	company.
	(b)  The commissioner shall adopt rules necessary to
	implement and enforce this section.
	SECTION 20.  The heading to Section 27.02, Business &
	Commerce Code, is amended to read as follows:
	Sec. 27.02.  CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN
	CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES].
	SECTION 21.  Sections 27.02(a) and (b), Business & Commerce
	Code, are amended to read as follows:
	(a)  A person who sells goods or services, including a
	contractor, appraiser, estimator, or insurance restoration
	contractor, commits an offense if, in connection with a claim for
	property loss or damage under a property or casualty insurance
	policy:
	(1)  the person advertises or promises to [provide the
	good or service and to] pay, waive, absorb, rebate, subsidize,
	credit, or otherwise cover for any reason [:
	[(A)]  all or part of any applicable insurance
	deductible or other uninsured amount owed by an insured under the
	terms of the policy; [or
	[(B)     a rebate in an amount equal to all or part of
	any applicable insurance deductible;]
	(2)  [the good or service is paid for by the consumer
	from proceeds of a property or casualty insurance policy; and
	[(3)]  the person knowingly provides or causes to be
	provided to an insurer any estimate or other statement as to the
	cost of repair for the good or service to be provided that has been
	increased, inflated, or otherwise manipulated [charges an amount
	for the good or service that exceeds the usual and customary charge
	by the person for the good or service] by an amount equal to or
	greater than all or part of the applicable insurance deductible or
	other uninsured amount owed by an insured under the policy; or
	(3)  the person knowingly provides or causes to be
	provided to an insurer any false or misleading material information
	within any estimate, bid, proposal, or other statement as to the
	scope of damage or cost of repair for the good or service to be
	provided [paid by the person to an insurer on behalf of an insured
	or remitted to an insured by the person as a rebate].
	(b)  A person who is insured under a property or casualty
	insurance policy commits an offense if the person:
	(1)  knowingly submits a claim under the policy based
	on conduct [charges that are] in violation of Subsection (a) [of
	this section]; or
	(2)  knowingly allows a claim in violation of
	Subsection (a) [of this section] to be submitted, unless the person
	promptly notifies the insurer of the conduct in violation of
	Subsection (a) [excessive charges].
	SECTION 22.  Section 38.12(d), Penal Code, is amended to
	read as follows:
	(d)  A person commits an offense if the person:
	(1)  is an attorney, chiropractor, physician, surgeon,
	public insurance adjuster , as defined by Section 4102.001,
	Insurance Code, or private investigator licensed to practice in
	this state or any person licensed, certified, or registered by a
	health care regulatory agency of this state; and
	(2)  with the intent to obtain professional employment
	for the person or for another, provides or knowingly permits to be
	provided to an individual who has not sought the person’s
	employment, legal representation, advice, or care a written
	communication or a solicitation, including a solicitation in person
	or by telephone, that:
	(A)  concerns an action for personal injury or
	wrongful death or otherwise relates to an accident or disaster
	involving the person to whom the communication or solicitation is
	provided or a relative of that person and that was provided before
	the 31st day after the date on which the accident or disaster
	occurred;
	(B)  concerns a specific matter and relates to
	legal representation and the person knows or reasonably should know
	that the person to whom the communication or solicitation is
	directed is represented by a lawyer in the matter;
	(C)  concerns a lawsuit of any kind, including an
	action for divorce, in which the person to whom the communication or
	solicitation is provided is a defendant or a relative of that
	person, unless the lawsuit in which the person is named as a
	defendant has been on file for more than 31 days before the date on
	which the communication or solicitation was provided;
	(D)  is provided or permitted to be provided by a
	person who knows or reasonably should know that the injured person
	or relative of the injured person has indicated a desire not to be
	contacted by or receive communications or solicitations concerning
	employment;
	(E)  involves coercion, duress, fraud,
	overreaching, harassment, intimidation, or undue influence; [or]
	(F)  contains a false, fraudulent, misleading,
	deceptive, or unfair statement or claim; or
	(G)  concerns the proposed adjustment of a
	property damage insurance claim and is made by a person other than
	the licensed public insurance adjuster who would be directly
	providing the proposed public insurance adjusting services to the
	recipient of the communication.
	SECTION 23.  Section 4102.069, Insurance Code, is repealed.
	SECTION 24.  Chapter 541, Insurance Code, as amended by this
	Act, applies only to conduct that occurs on or after the effective
	date of this Act. Conduct that occurs before 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.
	SECTION 25.  Subchapter B, Chapter 542, Insurance Code, as
	amended by this Act, applies only to a claim for which notice of
	claim is provided to an insurer on or after the effective date of
	this Act. A claim for which notice of claim is provided to an
	insurer before 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.
	SECTION 26.  Chapter 1808, Insurance Code, as added by this
	Act, applies only to a claim under an insurance policy delivered,
	issued for delivery, or renewed on or after January 1, 2016. A
	claim under a policy delivered, issued for delivery, or renewed
	before January 1, 2016, 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.
	SECTION 27.  The repeal by this Act of Section 4102.069,
	Insurance Code, does not affect the authority of a person to act
	under a temporary certificate issued by the Texas Department of
	Insurance under that section before the effective date of this Act.
	SECTION 28.  Sections 4102.103(d) and 4102.158(d),
	Insurance Code, as added by this Act, apply only to a contract
	entered into on or after the effective date of this Act.
	SECTION 29.  (a) Except as provided by this section, Section
	4102.104, Insurance Code, as amended by this Act, applies only to
	payment for a service performed on or after the effective date of
	this Act.
	(b)  Payment for a service performed before the effective
	date of this Act or performed after the effective date of this Act
	under a contract entered into before 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.
	SECTION 30.  Section 4102.160, Insurance Code, as amended by
	this Act, and Section 4102.164, Insurance Code, as added by this
	Act, apply only to a referral made on or after the effective date of
	this Act. A referral made before 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.
	SECTION 31.  The changes in law made by this Act apply only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect when the offense was committed, and
	the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 32.  This Act takes effect September 1, 2015.

 

Some good links, with a broad perspective.

Cal Spoon 02/22/15

#ProtectTheInsured

If you would like to add information to this, feel free to comment below, or contact me through the link at my name.

 

Here are some good articles and sites where information was obtained.

http://www.calactx.com/2015/02/06/attorneys-insurers-facing-off-over-hail-litigation-in-texas/

http://www.zelle.com/news-events-342.html

http://www.wardlawclaims.com/adjusters/2015-adjuster-conference/

https://insurancecouncil.org/

http://www.claimsjournal.com/news/southcentral/2014/12/01/258372.htm This article is very suspicious, simply because we have no facts, yet I believe they found and culminated a good story to appeal to Hispanic Americans and not filing ANY claims.

See some of the damage for yourself: http://www.srh.noaa.gov/bro/?n=2012event_midvalleyhailprelim

http://www.valleycentral.com/news/story.aspx?list=195030&id=878662#.VOCjwPnF-T8

https://www.nicb.org/newsroom/news-releases/hail-damage-claims-in-the-us

http://www.propertycasualty360.com/2013/04/17/top-10-states-for-wind-and-hail-losses

http://www.bizjournals.com/austin/blog/abj-at-the-capitol/2015/01/altering-insurancetexas-lawmakers-take-aim-at.html?page=all

Biased reports, only giving partial facts….. http://www.tala.com/storage/2014/08/HAILSTORM-REPORT.pdf

http://www.nytimes.com/2015/02/17/nyregion/hurricane-sandy-victims-say-damage-reports-were-altered.html?smid=fb-share&_r=0

http://www.propertycasualty360.com/2015/02/04/war-on-hail-declared-in-texas-as-insurers-fight-ex

http://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/

http://www.law360.com/articles/606208/2014-hail-related-insurance-litigation-year-in-review

http://www.bloomberg.com/apps/news?pid=nw&pname=mm_0907_story1.html

https://www.tpciga.org/faqs.html

http://www.insurancecouncil.org/docs/public/link/SettlingUpAfterIke-galveston-9-13-13.pdf

http://www.newsday.com/business/ag-raids-li-engineering-firm-in-probe-of-sandy-claims-denials-1.9950513

http://newyork.cbslocal.com/2015/02/17/superstorm-sandy-victims-insurance-companies-conspired-not-to-pay-us/

http://www.nbcnewyork.com/news/local/HiRise-Supervisors-Bogus-Home-Inspection-Reports-Sandy-Search-Warrant-292458671.html

Legislation in Tennessee attempting to eradicate the very laws similar to those proposed in Texas by Senator Larry Taylor and pushed by Steven J. Badger. They have had a very good taste of this Insurer Friendly type legislation and are actively, with bills on the floor, trying to REMOVE IT!

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0453

Another Public Adjusters perspective who lives in a state where they currently have this type of proposed legislation in place. They have the bill listed above introduced and well on its way to passing, TO CHANGE THESE LAWS TO THE ONES TEXAS CURRENTLY HAS IN PLACE.

In other words, they are taking their freedoms back while Texans are being stripped of theirs……No.

http://www.cornerstonepac.net/trending-1.html

https://insurancebusters.net/what-the-hail-is-going-on-in-texas-part-4-insurers-have-introduced-84r-hb-3646-absolution-for-insurance-employees-who-break-the-law/