Insurance Claim Assistance

Insurance Code, Title 5, Subtitle F., Chapter 707

TITLE 5. PROTECTION OF CONSUMER INTERESTS

SUBTITLE F.  INSURANCE FRAUD AND IDENTITY THEFT

CHAPTER 707.  PAYMENT OF INSURANCE DEDUCTIBLE

Sec. 707.002.  PAYMENT OF DEDUCTIBLE REQUIRED.  A person insured under a property insurance policy shall pay any deductible applicable to a first-party claim made under the policy.

• Added by Acts 2019, 86th Leg., R.S., Ch. 1099 (H.B. 2102), Sec. 1

Sec. 707.004.  REASONABLE PROOF OF PAYMENT.  An insurer that issues a property insurance policy with replacement cost coverage may refuse to pay a claim for withheld recoverable depreciation or a replacement cost holdback under the policy until the insurer receives reasonable proof of payment by the policyholder of deductible.  Reasonable proof of payment includes a canceled check, money order receipt, credit card statement, or copy of an executed installment plan contract or other financing arrangement that requires full payment of the deductible over time.

• Added by Acts 2019, 86th Leg., R.S., Ch. 1099 (H.B. 2102), Sec. 1

Business & Commerce Code, Title 3, Chapter 27

TITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD

CHAPTER 27. FRAUD

Sec. 27.02.  GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED.  (a)  In this section, "property insurance policy" has the meaning assigned by Section 707.001, Insurance Code.

(b)  A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type:  "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy.  It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible."

(c)  A person who sells goods or services commits an offense if:

(1)  advertises or promises to provide a good or service to an insured under a property insurance policy in a transaction in which:

(A)  the good or service will be paid for by the insured from the proceeds of a property insurance claim; and

(B)  the person selling the good or service will, without the insurer's consent:

(i)  pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible;

(ii)  provide a rebate or credit in connection with the sale of the good or service that will offset all or part of the amount paid by the insured as a deductible; or

(iii)  in any other manner assist the insured in avoiding monetary payment of the required insurance deductible; or

(2)  provides a good or service to an insured under a property insurance policy knowing that the insured will pay for the good or service with the proceeds of a claim under the policy and, without the insurer's consent:

(A)  pays, waives, absorbs, or otherwise declines to charge or collect the amount of the insured's deductible;

(B)  provides a rebate or credit in connection with the sale of the good or service that offsets all or part of the amount paid by the insured as a deductible; or

(C)  in any other manner assists the insured in avoiding monetary payment of the required insurance deductible.

• Added by Acts 1989, 71st Leg., ch. 898, Sec. 1, eff. Sept. 1, 1989.

Amended by:

• Acts 2019, 86th Leg., R.S., Ch. 1099 (H.B. 2102), Sec. 2, eff. September 1, 2019.