TX WATER CLAIMS BILLGOES TO SEN.

April 7, 2003

Legislation authored by Texas Senator Troy Fraser to speed insurance companies’ response to water damage claims, limit the amount insurers can charge homeowners for previous water damage claims, and require the licensing of public insurance adjusters made it through the Senate Business and Commerce Committee. Fraser commented in a release on the Senate Web site that consumers will be helped by action in all three areas. The measure, a committee substitute for Senate Bill 127, combined the elements of three separate bills (Senate Bills 126, 127 and 128) filed by Fraser last November. Under the legislation, the state insurance commissioner is given the authority to set the procedures and time frames for insurers to respond to water damage claims. Another provision of the bill also limits the surcharge that insurance companies may charge on a homeowners policy to no more than 15 percent of the total premium. The third component of the bill establishes a licensing and regulatory framework for public insurance adjusters, who, for a fee, act on behalf of homeowners in negotiating the settlement of a claim. Under the bill, public adjusters’ commissions may not exceed 10 percent of the settlement. The testing and licensing procedure for applicants would be established by the Texas Department of Insurance. Applicants would be required to have experience and training, and to be able to demonstrate sufficient knowledge in the assessment of property values and damages.