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Important Statute to be aware of if you
are involved in a dispute with an insurance company.
-Texas Insurance Code
Notice of claim
Sec.2 (a) Except as provided by Subsection (d) of this
section, an insurer shall, not later than the 15th day
after receipt of notice of a claim or the 30th business
day if the insurer is an eligible surplus lines insurer:
(1) acknowledge receipt of the claim; (2) commence any investigation
of the claim; and (3) request from the claimant all items,
statements, and forms that the insurer reasonably believes,
at that time, will be required from the claimant. Additional
requests may be made if during the investigation of the claim
such additional requests are necessary. (4) If the acknowledgement
of the claim is not made in writing, the insurer shall make
a record of the date, means, and content of the acknowledgement.
Acceptance or rejection of claim:
Sec. 3 (a) Except as provided by Subsections (b) and
(d) of this section, an insurer shall notify a claimant in
writing of the acceptance or rejection of the claim not later
than the 15th business day after the date the insurer receives
all items, statements, and forms required by the insurer,
in order to secure final proof of loss. (c) If
the insurer rejects the claim, the notice required by Subsections
(a) of this section must state the reasons for the rejection.
(d) If the insurer is unable to accept or reject the
claim within the period specified by Subsection (a) or (b)
of this section, the insurer shall notify the claimant, not
later than the date specified under Subsection (a) or (b),
as applicable. The notice provided under this subsection
must give the reasons the insurer needs additional time. (e) not
later than the 45th day after the date an insurer notifies
a claimant under Subsection (d) of this section, the insurer
shall accept or reject the claim.
Liberal construction:
Sec. 8. This article shall be liberally construed
to promote its underlying purpose which is to obtain prompt
payment of claim made pursuant to policies of insurance.
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